Rule 3017 — Chapter 9 or 11—Hearing on a Disclosure Statement and Plan

Fed. R. Bankr. P. 3017

• Source: Federal Rules of Bankruptcy Procedure
• Rule: 3017
• PART X: [ABROGATED]
• Citation: Fed. R. Bankr. P. 3017

Text

(a) HEARINGONADISCLOSURESTATEMENT; OBJECTIONS.
(1) Notice and Hearing.
(A) Notice. Except as provided in Rule 3017.1 for a small
business case, the court must hold a hearing on a disclo-
sure statement filed under Rule 3016(b) and any objection
or modification to it. The hearing must be held on at least
28 days’ notice under Rule 2002(b) to:
• the debtor;
• creditors;
• equity security holders; and
• other parties in interest.
(B) Limit on Sending the Plan and Disclosure Statement. A
copy of the plan and disclosure statement must be mailed
with the notice of a hearing to:

• the debtor;
• any trustee or appointed committee;
• the Securities and Exchange Commission; and
• any party in interest that, in writing, requests a
copy of the disclosure statement or plan.
(2) Objecting to a Disclosure Statement. An objection to a dis-
closure statement must be filed and served before the disclo-
sure statement is approved or by an earlier date the court
sets. The objection must be served on:
• the debtor;
• the trustee;
• any appointed committee; and
• any other entity the court designates.
(3) Chapter 11—Copies to the United States Trustee. In a Chap-
ter 11 case, a copy of every item required to be served or
mailed under this Rule 3017(a) must also be sent to the United
States trustee within the prescribed time.
(b) COURT RULING ON THE DISCLOSURE STATEMENT. After the
hearing, the court must determine whether the disclosure state-
ment should be approved.
(c) TIME TO ACCEPT OR REJECT A PLAN AND FOR THE CONFIRMA-
TION HEARING. At the time or before the disclosure statement is
approved, the court:
(1) must set a deadline for the holders of claims and inter-
ests to accept or reject the plan; and
(2) may set a date for a confirmation hearing.
(d) HEARINGONCONFIRMATION.
(1) Sending the Plan and Related Documents.
(A) In General. After the disclosure statement has been
approved, the court must order the debtor in possession,
the trustee, the plan proponent, or the clerk to mail the
following items to creditors and equity security holders
and, in a Chapter 11 case, to send a copy of each to the
United States trustee:
(i) the court-approved disclosure statement;
(ii) the plan or a court-approved summary of it;
(iii) a notice of the time to file acceptances and re-
jections of the plan; and
(iv) any other information as the court orders—in-
cluding any opinion approving the disclosure state-
ment or a court-approved summary of the opinion.
(B) Exception. The court may vary the requirements for
an unimpaired class of creditors or equity security hold-
ers.
(2) Time to Object to a Plan; Notice of the Confirmation Hearing.
Notice of the time to file an objection to a plan’s confirmation
and the date of the hearing on confirmation must be mailed to
creditors and equity security holders in accordance with Rule
2002(b). A ballot that conforms to Form 314 must also be
mailed to creditors and equity security holders who are enti-
tled to vote on the plan. If the court’s opinion is not sent (or
only a summary of the plan was sent), a party in interest may
request a copy of the opinion or plan, which must be provided
at the plan proponent’s expense.
(3) Notice to Unimpaired Classes. If the court orders that the
disclosure statement and plan (or the plan summary) not be
Rule 3017.1 FEDERAL RULES OF BANKRUPTCY PROCEDURE 58
mailed to an unimpaired class, a notice that the class has been
designated as unimpaired must be mailed to the class mem-
bers. The notice must show:
(A) the name and address of the person from whom the
plan (or summary) and the disclosure statement may be
obtained at the plan proponent’s expense;
(B) the time to file an objection to the plan’s confirma-
tion; and
(C) the date of the confirmation hearing.
(4) Definition of ‘‘Creditors’’ and ‘‘Equity Security Holders.’’ In
this Rule 3017(d), ‘‘creditors’’ and ‘‘equity security holders’’ in-
clude record holders of stock, bonds, debentures, notes, and
other securities on the date the order approving the disclosure
statement is entered—or another date the court sets for cause
and after notice and a hearing.
(e) PROCEDURE FOR SENDING INFORMATION TO BENEFICIAL HOLD-
ERSOFSECURITIES. At the hearing under (a), the court must:
(1) determine the adequacy of the procedures for sending the
documents and information listed in (d)(1) to beneficial hold-
ers of stock, bonds, debentures, notes, and other securities;
and
(2) issue any appropriate orders.
(f) SENDING INFORMATION TO ENTITIES SUBJECT TO AN INJUNCTION.
(1) Timing of the Notice. This Rule 3017(f) applies if, under a
plan, an entity that is not a creditor or equity security holder
is subject to an injunction against conduct not otherwise en-
joined by the Code. At the hearing under (a), the court must
consider procedures to provide the entity with at least 28 days’
notice of:
(A) the time to file an objection; and
(B) the date of the confirmation hearing.
(2) Content of the Notice. The notice must:
(A) provide the information required by Rule 2002(c)(3);
and
(B) if feasible, include a copy of the plan and disclosure
statement.

Advisory Committee Notes

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 11, 1997, eff. Dec. 1, 1997; Apr. 23, 2001, eff. Dec. 1, 2001; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 2, 2024, eff. Dec. 1, 2024.)