Concurrent with its revision of the entire Local Bankruptcy Rules, the United States Bankruptcy Court - Southern District of California has proposed an amendment to LBR 3017-2 enabling the CSD 1152 “Chapter 11 Individual Combined Plan of Reorganization and Disclosure Statement” and provides guidance for setting the hearing. The reference to LBR 9013-6 in this proposed rule is to the draft Local Bankruptcy Rules and “Plan/DS” will become a defined term in new LBR 1001.
PROPOSED LBR 3017-2: INDIVIDUAL CHAPTER 11 COMBINED PLAN AND DISCLOSURE STATEMENT
(a) In an Individual chapter 11 case, the Plan/DS (CSD 1152) may be used. Local forms and instructions for the Plan/DS are posted on the Court’s Web site.
(b) If the Plan/DS is used:
(1) Notice of hearing on motion for review and conditional approval of the Plan/DS (CSD draft form) must be given in accordance with LBR 9013-6(a)(1).
(2) Any written opposition must be filed in accordance with LBR 9013-6(a)(2).
(c) Notwithstanding section (b)(2) above, any party may attend the hearing and present oral comments in lieu of filing written comments by the opposition deadline.
(d) No party waives the right to object to the adequacy of disclosure or the propriety of confirmation, or to vote on the proposed plan, by not responding to the motion for review.
A General Order containing the effective date for this rule will be issued following a careful review of all comments. It is expected that the effective date will parallel the date to be set for the Local Bankruptcy Rules issued for comment on September 16, 2014.
Please provide any comments on the proposed amendment as soon as possible, but no later than December 24, 2014.
Comments concerning this proposed amendment may be submitted by E-mail to LBRcomments@casb.uscourts.gov [please include the name, firm name (if any), E-mail address, and phone number of the person submitting the comment] or by mail to the Clerk of Court at 325 West F Street, San Diego, California 92101 - 6991. Please note on the envelope: “In re: LBR 3017”.