Scheduling Chapter 11 Small Business Disclosure/Confirmation Hearing
Last Updated: July 31, 2018

11 U.S.C. 1116, 1121, 1129
Fed. R. Bank. P. 1020, 3017.1

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

Related Topics: Chapter 11 Small Business Cases, Scheduling Ch. 11 Disclosure Hearing, Scheduling Ch. 11 Confirmation Hearing

What To Do:

  1. When the Plan and Disclosure Statement are filed, the "sethrgCh11SBplan" flag will be set. In addition, an email will be sent to chambers if the case is properly marked small business.

    The final confirmation hearing MUST be held (and plan confirmed) within 45 days from the date the plan was filed, unless the time for confirmation is extended. A 28-day notice of 1) the time to object and 2) the disclosure/confirmation hearing is needed, pursuant to Rule 2002(b). Chambers will contact the respective attorney or filer regarding the date/time of the hearing and advise the Case Administrator when approved by the attorney.

  2. After receiving a date from chambers, the Case Administrator will route a form order to the Judge (via e-orders) conditionally approving the Disclosure Statement and Scheduling the Disclosure AND Confirmation hearing. It may be necessary to schedule a preliminary hearing and a final hearing. If a preliminary confirmation hearing is set, objections to confirmation and ballots are due 7 days before the final confirmation hearing. To upload the form order:

    1. Select [Bankruptcy > Proposed Order Upload > Upload Single]. There is a form for a Final Hearing and a form for a Preliminary and Final Hearing.  

      • Conditionally Approving SB Dscl. Stmt. and Setting Final Hearing on Dscl. Stmt. and Plan

      • Conditionally Approving SB Dscl. Stmt. and Setting Preliminary Hearing on Dscl. Stmt. and Plan

    2. Select the form from the list, complete the form, and route to the J/Sign folder. If you leave the Folder selection blank, the order will go to your CRD-inbox.  

  3. After the order is signed, the Case Administrator will enter the signed order [Orders/Opinions > Other Orders > Approving Disclosure Statement and Setting Hearings (Small business)]. An email will be sent to the calendar/scheduling clerk.

  4. The calendar/scheduling clerk will make the following docket entries and update the CHAP calendar:

    • [Bankruptcy > Court Events > Hearing: Sched/Cont/Resched, Re: Disclosure Statement in Chapter 11] and

    • [Bankruptcy > Court Events > Hearing: Sched/Cont/Resched, Re: confirmation of Chapter 11 Plan]

  5. NOTE: Debtor's attorney is responsible for serving notice.

  6. Update the CHAP calendar. Example:

    Confirmation of Chapter 11 Plan (Doc # 44)
     

 

 

 

Court Instructions