Plan - Chapter 11 Disclosure Statement and Plan of Reorganization (Non-Small Business)

Rev. 05/02/19




The debtor may file a reorganization plan at any time, including a contested involuntary case. During the first 120 days of the case, only the debtor can file a plan (unless that time is reduced or extended). If the debtor's plan is on file within the first 120 days, the debtor has an additional 60 days to achieve confirmation (the “exclusivity period”). The 120 days can be extended to a maximum of 18 months.

Unless the plan provides adequate information, a disclosure statement must be filed either with the plan or within a time fixed by the court.  Unless shortened by the Court pursuant to Rule 9006(c), Rule 3017 provides for a court hearing on the adequacy of the disclosure statement on not less than 28 days notice to the debtor, creditors, equity security holders, and other parties in interest as defined in Rule 2002. The proposed plan and disclosure statement are then mailed with the notice of hearing only to the debtor, the trustee, any committee appointed under the Code, the Securities and Exchange Commission, and any party in interest who requests in writing a copy of the plan or the disclosure statement. All creditors and interest holders receive notice of the hearing.

Upon court approval of the disclosure statement, Rule 3017(d) requires that the following information be transmitted to all creditors, equity security holders, and the U.S Trustee: (a) the plan itself or a court-approved summary; (b) the approved disclosure statement;2 (c) notice of the time within which acceptances and rejections of the plan may be filed; and (d) such other information as the court may direct, including the opinion of the court approving the disclosure statement, or an approved summary of the opinion. Additionally, notice of the time fixed for filing objections and for the confirmation hearing, as well as the form of ballot conforming to the appropriate Official Form must be mailed to all creditors and equity holders entitled to vote on the proposed plan.

If the parties in interest in a Chapter 11 case fail to object to the adequacy of the disclosure statement or timely request a hearing on its approval, the court is not statutorily obligated to conduct a hearing.

The proponent of a plan may modify the plan at any time before confirmation.

 If the proponent of a disclosure statement becomes aware of new material information after the disclosure statement has been approved by the court and transmitted to solicitees, the proponent is under an affirmative duty to amend the disclosure statement so that itis not misleading in light of the new information.

Codes, Rules and Forms:

Bankruptcy Code:

1101; 1121; 1125; 1127; 1128; 1129

Bankruptcy Rule:

2002(a)(6); 3016; 3017; 3017.1; 3019; 3020

Local Rule:

3016-1; 3017-1; 3019-1; 3020-1

Local  Form:

3017-1; 3019-1

CM/ECF Event(s):    

Plan, Plan of Reorganization and/or Disclosure Statement (NOT to be used for Amendments)