Rule 3017.1. Court Consideration of Disclosure
Statement in a Small Business Case
(a)
CONDITIONAL APPROVAL OF DISCLOSURE STATEMENT. In
a small business case, the court may, on application of the
plan proponent or on its own initiative, conditionally approve
a disclosure statement filed in accordance with Rule 3016.
On or before conditional approval of the disclosure statement,
the court shall:
(1) fix a time within which the holders of claims and interests
may accept or reject the plan;
(2) fix a time for filing objections to the disclosure statement;
(3) fix a date for the hearing on final approval of the disclosure
statement to be held if a timely objection is filed; and
(4) fix a date for the hearing on confirmation.
(b) APPLICATION OF RULE 3017. Rule 3017(a),
(b), (c), and (e) do not apply to a conditionally approved
disclosure statement. Rule 3017(d) applies to a conditionally
approved disclosure statement, except that conditional approval
is considered approval of the disclosure statement for the
purpose of applying Rule 3017(d).
(c) FINAL APPROVAL.
(1) Notice. Notice of the time fixed for filing objections
and the hearing to consider final approval of the disclosure
statement shall be given in accordance with Rule 2002 and
may be combined with notice of the hearing on confirmation
of the plan.
(2) Objections. Objections to the disclosure statement shall
be filed, transmitted to the United States trustee, and served
on the debtor, the trustee, any committee appointed under
the Code and any other entity designated by the court at any
time before final approval of the disclosure statement or
by an earlier date as the court may fix.
(3) Hearing. If a timely objection to the disclosure statement
is filed, the court shall hold a hearing to consider final
approval before or combined with the hearing on confirmation
of the plan.