Scheduling Disclosure Hearing
Last Updated: April 26, 2017

11 U.S.C.
Fed. R. Bank. P. 2002(b)

Event: Bankruptcy > Bankruptcy > Court Events > Hearing: Sched/Cont/Resched, Re: Disclosure Statement in Chapter 11

Related Topics: Scheduling Ch. 11 Small Business Disclosure/Confirmation Hearing

 

A Disclosure Statement should be filed prior to the filing of, or with the Plan.

If case is a small business, refer to instructions for Scheduling Ch. 11 Small Business Disclosure/Confirmation Hearing.

What To Do:

  1. To schedule disclosure hearing:

    1. Debtor's attorney may call chambers for a hearing date prior to the filing of the Disclosure Statement;

      OR

    2. The clerk's office will obtain a hearing date from chambers after the Disclosure Statement is filed.

A set hearing flag is set when the Disclosure Statement is filed and an e-mail is sent to chambers.

Note:  A 28-day notice of 1) the time to object to the Disclosure Statement and 2) the disclosure hearing is required. Rule 2002(b). Generally, it's best to schedule hearing at least 40-60 days out to allow debtor's attorney time to mail notice, etc.

  1. After obtaining a date for the disclosure hearing AND after the Disclosure Statement is filed, docket: [Bankruptcy > Court Events > Hearing: Sched/Cont/Resched, Re: Disclosure Statement in Chapter 11]; (set the disclosure hearing).

    Note
    : The debtor's attorney (or proponent of the plan) is responsible for sending the Notice to all creditors. A Proof of Service will be filed by debtor’s attorney (or proponent of the plan).

    The debtor’s attorney must send a copy of the Notice of Disclosure Hearing to all creditors. The Clerk’s Office also recommends that secured creditors be served with copies of the Plan and Disclosure Statement at this time. If the Plan and Disclosure Statement are not mailed to all creditors, the notice should state that a copy is available upon written request to the debtor’s attorney (or proponent of the plan).

  2. Update the CHAP calendar.

    Example:  Approval of Disclosure Statement (Doc # 34)

  3. Madison will prepare a proceeding memo and prepare a setup

 

 

 

Court Instructions