Disclosures by Groups, Committees, and Other Entities

U.S. Bankruptcy Court for the District of Minnesota

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the District of Minnesota

Rule: 2019-1

Jurisdiction: DMNB

Bluebook Citation: Bankr. D. Minn. R. 2019-1

All Rules: Bankr. D. Minn. Local Bankruptcy Rules, complete index


Text

(a) TIMING. If the group, committee, or other entity required to file a verified statement under Federal Rule of Bankruptcy Procedure 2019 is requesting relief, whether in a motion or in a response, the verified statement must be filed with the request for relief. If the group, committee, or other entity required to file a verified statement intends to solicit votes regarding confirmation of a plan, the verified statement must be filed within seven days of the filing of the plan. (b) NOTICE.

Notice of any verified statement filed under this rule must be given to the debtor, the attorney for the debtor, and the trustee or examiner. The verified statement must also be sent to the United States trustee. [Effective December 1, 2011. Amended effective May 1, 2014; October 1, 2019; September 3, 2025.] 2025 Advisory Committee Notes Local Rule 2019-1 was restyled and amended to avoid duplication with Fed. R. Bankr. P. 2019. The first sentence of former subsection (a) was removed, as the requirement to file the verified or supplemental statement is already found in Fed. R. Bankr. P. 2019(b) and (d).

Subsection (a) was amended to just address timing. The time for filing the 21 verified statement if the entity intends to solicit votes on confirmation of a plan was changed from “no later than the date of the entry of the order approving the disclosure statement” in former subsection (b) to “within seven days of the filing of the plan” in amended subsection (a). This change was made because many cases do not have orders approving disclosure statements. Subsection (b) was amended to only address notice requirements.

Entities should refer to Fed. R. Bankr. P. 2019(d) for when a supplemental statement may be required. Failure to comply with this rule may result in sanctions. See Fed. R. Bankr. P. 2019(e). Rule 2020-1. [ABROGATED] [Effective April 15, 1997.

Amended effective October 1, 2019. Abrogated effective September 3, 2025.] 2025 Advisory Committee Notes Local Rule 2020-1 was abrogated as unnecessary. Parties should refer to the Federal Rules of Bankruptcy Procedure to determine whether the United States trustee must be served in any given instance. In addition, there are several provisions in the Bankruptcy Code and the Federal Rules of Bankruptcy Procedure requiring debtors to cooperate with the United States trustee.

See, e.g., 11 U.S.C. § 521; Fed. R. Bankr. P. 4002. 22 Part III. Claims and Distribution to Creditors and Equity Interest Holders; Plans Rule 3002-2. [ABROGATED] [Effective April 15, 1997. Amended effective January 1, 2002; October 1, 2019.

Abrogated effective September 3, 2025.] 2025 Advisory Committee Notes Local Rule 3002-2 and Local Form 3002-2(c) were abrogated to ensure consistency with 11 U.S.C. § 503(b) and to ensure consistency across chapters. Specifically, 11 U.S.C. § 503(b) requires “notice and a hearing.” See also 11 U.S.C. § 102(1) (defining “notice and a hearing”). To ensure a party has an opportunity for a hearing, a request for an administrative expense generally must be made by motion under Fed. R. Bankr. P. 9013 and Local Rule 9013-1 et seq. In limited circumstances, however, the Federal Rules of Bankruptcy Procedure authorize a request to be made by application.

See Fed. R. Bankr. P. 9013(a) and 2016(a); 11 U.S.C. §§ 330(a) and 503(b)(2). Rule 3002-3. [ABROGATED] [Effective April 15, 1997. Abrogated effective September 3, 2025.] 2025 Advisory Committee Notes Local Rule 3002-3 was abrogated to ensure consistency with Fed. R. Bankr. P. 3003(c)(2). Federal Rule of Bankruptcy Procedure 3003(c)(2) states in part, “A creditor or equity security holder whose claim or interest is not scheduled— or is scheduled as disputed, contingent, or unliquidated—must file a proof of claim or interest.”

Chat with this local rule using AI

Ask CiteLaw's AI Navigator anything about this local rule, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.