(a) Hearing on Disclosure Statement and Objections. Except as provided in Rule 3017.1, after a disclosure statement is filed in accordance with Rule 3016(b), the court shall hold a hearing on at least 28 days’ notice to the debtor, creditors, equity security holders and other parties in interest as provided in Rule 2002 to consider the disclosure statement and any objections or modifications thereto. The plan and the disclosure statement shall be mailed with the notice of the hearing only to the debtor, any trustee or committee appointed under the Code, the Securities and Exchange Commission and any party in interest who requests in writing a copy of the statement or plan. Objections to the disclosure statement shall be filed 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 the disclosure statement is approved or by an earlier date as the court may fix. In a chapter 11 reorganization case, every notice, plan, disclosure statement, and objection required to be served or mailed pursuant to this subdivision shall be transmitted to the United States trustee within the time provided in this subdivision.
(b) Determination on Disclosure Statement. Following the hearing the court shall determine whether the disclosure statement should be approved.
(c) Dates Fixed for Voting on Plan and Confirmation. On or before approval of the disclosure statement, the court shall fix a time within which the holders of claims and interests may accept or reject the plan and may fix a date for the hearing on confirmation.
(d) Transmission and Notice to United States Trustee, Credi - tors , and Equity Security Holders. Upon approval of a disclosure statement,— except to the extent that the court orders otherwise with respect to one or more unimpaired classes of creditors or equity security holders—the debtor in possession, trustee, proponent of the plan, or clerk as the court orders shall mail to all creditors and equity security holders, and in a chapter 11 reorganization case shall transmit to the United States trustee,
(1) the plan or a court-approved summary of the plan;
(2) the disclosure statement approved by the court;
(3) notice of the time within which acceptances and rejections of the plan may be filed; and
(4) any other information as the court may direct, including any court opinion approving the disclosure statement or a court-approved summary of the opinion. In addition, notice of the time fixed for filing objections and the hearing on confirmation shall be mailed to all creditors and equity security holders in accordance with Rule 2002(b), and a form of ballot conforming to the appropriate Official Form shall be mailed to creditors and equity security holders entitled to vote on the plan. If the court opinion is not transmitted or only a summary of the plan is transmitted, the court opinion or the plan shall be provided on request of a party in interest at the plan proponent’s expense. If the court orders that the disclosure statement and the plan or a summary of the plan shall not be mailed to any unimpaired class, notice that the class is designated in the plan as unimpaired and notice of the name and address of the person from whom the plan or summary of the plan and disclosure statement may be obtained upon request and at the plan proponent’s expense, shall be mailed to members of the unimpaired class together with the notice of the time fixed for filing objections to and the hearing on confirmation. For the purposes of this subdivision, creditors and equity security holders shall include holders of stock, bonds, debentures, notes, and other securities of record on the date the order approving the disclosure statement is entered or another date fixed by the court, for cause, after notice and a hearing.
(e) Transmission to Beneficial Holders of Securities. At the hearing held pursuant to subdivision (a) of this rule, the court shall consider the procedures for transmitting the documents and information required by subdivision (d) of this rule to beneficial holders of stock, bonds, debentures, notes, and other securities, determine the adequacy of the procedures, and enter any orders the court deems appropriate.
(f) Notice and Transmission of Documents to Entities Subject to an Injunction Under a Plan. If a plan provides for an injunction against conduct not otherwise enjoined under the Code and an entity that would be subject to the injunction is not a creditor or equity security holder, at the hearing held under Rule 3017(a), the court shall consider procedures for providing the entity with:
(1) at least 28 days’ notice of the time fixed for filing objections and the hearing on confirmation of the plan containing the information described in Rule 2002(c)(3); and
(2) to the extent feasible, a copy of the plan and disclosure statement.
(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.)
added in current removed in current
Compared to current version (2025).
(a) Hearing on a Disclosure Statement and; Objections. Except as provided in Rule 3017.1, after
(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 disclosure statement is filed in accordance with Rule 3016(b), the court shall hold a hearingunder Rule 3016(b) and any objection or modification to it. The hearing must be held on at least 28 days’ notice tounder Rule 2002(b) to: • the debtor,; • creditors,; • equity security holders; and • other parties in interest as provided in Rule 2002 to consider the d.
(B) Limit on Sending the Plan and Disclosure sStatement and any objections or modifications thereto. T. A copy of the plan and the disclosure statement shallmust be mailed with the notice of thea hearing only toto: • the debtor,; • any trustee or committee appointed under the Code,appointed committee; • the Securities and Exchange Commission; and • any party in interest who requeststhat, in writing, requests a copy of the disclosure statement or plan.
(2) Objections to theng to a Disclosure Statement. An objection to a disclosure statement shallmust be filed 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 the disclosure statement is approved or by an earlier date as the court may fixbefore the disclosure 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 cChapter 11 reorganization case, every notice, plan, disclosure statement, and objection required to be served or mailed pursuant to this subdivision shall be transmitted to the United States trustee within the time provided in this subdivision.
(b) Determination oncase, 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. FollowingAfter the hearing, the court shallmust determine whether the disclosure statement should be approved.
(c) Dates Fixed for Voting onTime to Accept or Reject a Plan and for the Confirma - tion. On or before approval of the disclosure statement, the court shall fix a time within which Hearing. At the time or before the disclosure statement is approved, the court:
(1) must set a deadline for the holders of claims and interests mayto accept or reject the plan; and
(2) may fixset a date for the ha confirmation hearing.
(d) Hearing on cConfirmation.
(d1) Transmission and Notice to United States Trustee, Credi - tors , and Equity Security Holders. Upon approval of a disclosure statement,- except to the extent that the court orders otherwise with respect to one or more unimpaired classes of creditors or equity security holSending the Plan and Related Documents.
(A) In General. After the disclosure statement has been approved, the court must orders- the debtor in possession, the trustee, the plan proponent, ofr the plan, or clerk as the court orders shall mail to allclerk to mail the following items to creditors and equity security holders, and, in a cChapter 11 reorganization case shall transmitcase, to send a copy of each to the United States trustee,:
(1i) the plan or a court-approved summary of the plandisclosure statement;
(2ii) the disclosure statement approved by the court;
(3)plan or a court-approved summary of it;
(iii) a notice of the time within whichto file acceptances and rejections of the plan may be filed; and
(4iv) any other information as the court may direct, orders-including any court opinion approving the disclosure statement or a court-approved summary of the opinion. In addition, notice of the time fixed for filing objections and
(B) Exception. The court may vary the requirements for an unimpaired class of creditors or equity security holders.
(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 shallmust be mailed to all creditors and equity security holders in accordance with Rule 2002(b), and a form of. A ballot that conformings to the appropriate Official Form shallForm 314 must also be mailed to creditors and equity security holders who are entitled to vote on the plan. If the court’s opinion is not transmitted sent (or only a summary of the plan is transmitted, the court opinion or the plan shall be provided on request of a party in interest at the plan proponent’s expensewas 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 the plan (or a summary of the plan shallummary) not be mailed to any unimpaired class, a notice that the class ishas been designated in the plan as unimpaired and notice ofmust be mailed to the class members. The notice must show:
(A) the name and address of the person from whom the plan (or summary of the plan and) and the disclosure statement may be obtained upon request and at the plan proponent’s expense, shall be mailed to members of the unimpaired class together with the notice of the time fixed for filing objections to and the hearing on confirmation. For the purposes of this subdivision, ;
(B) the time to file an objection to the plan’s confirmation; 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 shall’’ include record holders of stock, bonds, debentures, notes, and other securities of record on the date the order approving the disclosure statement is entered -or another date fixed by the court, sets for cause, and after notice and a hearing.
(e) TransmissProcedure for Sending Information to Beneficial Hold - ers of Securities. At the hearing held pursuant to subdivision (a) of this rule, the court shall considerunder (a), the court must:
(1) determine the adequacy of the procedures for transmittsending the documents and information required by subdivision (d) of this rulelisted in (d)(1) to beneficial holders of stock, bonds, debentures, notes, and other securities, determine the adequacy of the procedures, and enter any orders the court deems appropriate.
(f) Notice and Transmission of Documents to Entities Subject to an Injunction Under a Plan. If; and
(2) issue any appropriate orders.
(f) Sending Information to Entities Subject to an Injunction.
(1) Timing of the Notice. This Rule 3017(f) a pplan provides for an injunction against conduct not otherwise enjoined under the Code and an entity that would beies if, under a plan, an entity that is not a creditor or equity security holder is subject to thean injunction is not a creditor or equity security holder, aagainst conduct not otherwise enjoined by the Code. At the hearing held under Rule 3017(a), the court shallmust consider procedures forto providinge the entity with:
(1) at least 28 days’ notice of:
(A) the time fixed for filingto file an objections; and the hearing on confirmation of the plan containing
(B) the date of the confirmation hearing.
(2) Content of the Notice. The notice must:
(A) provide the information describrequired inby Rule 2002(c)(3); and
(2B) to the extentif feasible, include a copy of the plan and disclosure statement.
(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.)