Chapter 9 or 11—Plan and Disclosure Statement

U.S Code last checked for updates: Jan 30, 2025

Rule 3016.

(a)

In General.

In a Chapter 9 or 11 case, every proposed plan or modification must be dated. In a Chapter 11 case, the plan or modification must also name the entity or entities proposing or filing it.

(b)

Filing a Disclosure Statement.

(1)

In General. In a Chapter 9 or 11 case, unless (2) applies, the disclosure statement, if required by § 1125—or evidence showing compliance with § 1126(b)—must be filed with the plan or at another time set by the court.

(2)

Providing Information Under § 1125(f)(1). A plan intended to provide adequate information under § 1125(f)(1) must be so designated. Rule 3017.1 then applies as if the plan were a disclosure statement.

(c)

Injunction in a Plan.

If the plan provides for an injunction against conduct not otherwise enjoined by the Code, the plan and disclosure statement must:

(1)

describe in specific and conspicuous language (bold, italic, or underlined text) all acts to be enjoined; and

(2)

identify the entities that would be subject to the injunction.

(d)

Form of a Disclosure Statement and Plan in a Small Business Case or a Case Under Subchapter V of Chapter 11.

In a small business case or a case under Subchapter V of Chapter 11, the court may approve a disclosure statement that substantially conforms to Form 425B and confirm a plan that substantially conforms to Form 425A—or, in either instance, to a standard form approved by the court.

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 23, 2001, eff. Dec. 1, 2001; Apr. 23, 2008, eff. Dec. 1, 2008; Apr. 11, 2022, eff. Dec. 1, 2022; Apr. 2, 2024, eff. Dec. 1, 2024.)