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Order Conditionally Approving Disclosure Statement Setting Hearing On Final Approval Of Chapter 11 Plan Form. This is a Florida form and can be use in USBC Southern Federal.
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Tags: Order Conditionally Approving Disclosure Statement Setting Hearing On Final Approval Of Chapter 11 Plan, LF-64A, Florida Federal, USBC Southern
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF FLORIDA
www.flsb.uscourts.gov
In re:
Case No.
Debtor
Chapter 11
(small business)
Address:
ORDER CONDITIONALLY APPROVING DISCLOSURE STATEMENT,
SETTING HEARING ON FINAL APPROVAL OF DISCLOSURE STATEMENT AND
CONFIRMATION OF CHAPTER 11 PLAN, SETTING VARIOUS DEADLINES AND
DESCRIBING PLAN PROPONENT'S OBLIGATIONS
HEARING ON FINAL APPROVAL OF DISCLOSURE STATEMENT, CONFIRMATION
HEARING AND HEARING ON FEE APPLICATIONS
at
m.
LOCATION:
United States Bankruptcy Court
(address)
LF-64A (rev. 09/19/08)
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PROPONENT'S DEADLINE FOR SERVING THIS ORDER,
DISCLOSURE STATEMENT, PLAN, AND BALLOT:
(25 days before Confirmation Hearing)
DEADLINE FOR OBJECTIONS TO CLAIMS:
(10 days before Confirmation Hearing)
DEADLINE FOR FEE APPLICATIONS:
(10 days before Confirmation Hearing)
DEADLINE FOR FILING BALLOTS ACCEPTING OR REJECTING PLAN:
(5 business days before Confirmation Hearing)
DEADLINE FOR OBJECTIONS TO CONFIRMATION:
(3 business days before Confirmation Hearing)
DEADLINE FOR OBJECTIONS TO FINAL APPROVAL OF THE DISCLOSURE STATEMENT:
(3 business days before Confirmation Hearing)
PROPONENT'S DEADLINE FOR FILING
PROPONENT'S REPORT AND CONFIRMATION AFFIDAVIT:
(3 business days before Confirmation Hearing)
DEADLINE FOR INDIVIDUAL DEBTOR TO FILE “CERTIFICATE FOR CONFIRMATION
REGARDING PAYMENT OF DOMESTIC SUPPORT OBLIGATIONS AND FILING OF
REQUIRED TAX RETURNS”:
(3 business days before Confirmation Hearing)
A disclosure statement [a combined plan and disclosure statement][a plan containing the
disclosures required by 11 U.S.C. §1125(a)] (the “disclosure statement”) under chapter 11 of the
Bankruptcy Code having been filed under Local Rule 3017-2(A) by
on
by
,
with respect to a plan under chapter 11 of the Bankruptcy Code filed
, on
, and the debtor being a small business:
LF-64A (rev. 09/19/08)
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IT IS ORDERED, and notice is hereby given, that:
A.
approved.
B.
The disclosure statement filed by
is conditionally
DEADLINE FOR FILING BALLOTS ACCEPTING OR REJECTING PLAN
Pursuant to Local Rule 3018-1,
is fixed as the last day for filing
written acceptances or rejections of the plan referred to above (5 business days before hearing
on confirmation of the plan ("confirmation hearing")).
C.
PLAN PROPONENT'S OBLIGATIONS
(1)
On or before the date indicated above as "PROPONENT'S DEADLINE FOR
SERVING THIS ORDER, DISCLOSURE STATEMENT, PLAN, AND BALLOT" the plan proponent
shall serve a copy of this order, the conditionally approved disclosure statement and the plan on
all creditors, all equity security holders, the U.S. Trustee, and all other parties in interest, as
required by the Bankruptcy Rules (including those entities as described in Bankruptcy Rule
3017(f)) and the Local Rules, including those listed on a “Master Service List” required to be filed
pursuant to Local Rules 2002-1(H). At the time of serving this order, the Local Form “Ballot and
Deadline for Filing Ballot Accepting or Rejecting Plan,” customized as required by Local Rule
3018-1, shall be served via U.S. Mail on all creditors and equity security holders entitled to vote
on the plan.
(2)
On or before 5:00 p.m. on the date indicated above as “PROPONENT'S DEADLINE
FOR FILING PROPONENT'S REPORT AND CONFIRMATION AFFIDAVIT,” the plan proponent
shall file with the court the Local Form “Certificate of Proponent of Plan on Acceptance of Plan,
Report on Amount to be Deposited, Certificate of Amount Deposited and Payment of Fees,” and
the Local Form “Confirmation Affidavit.” The “Confirmation Affidavit” shall set forth the facts upon
which the plan proponent relies to establish that each of the requirements of 11 U.S.C. §1129 are
satisfied. The “Confirmation Affidavit” should be prepared so that by reading it the court can easily
understand the significant terms of the plan and other material facts relating to confirmation of the
plan. The individual executing the “Confirmation Affidavit” shall be present at the confirmation
hearing.
If the plan proponent does not timely comply with any of the requirements of this order, the
court may impose sanctions at the confirmation hearing, without further notice, including dismissal,
conversion of the case to chapter 7, or the striking of the plan. The court will also consider
dismissal or conversion at the confirmation hearing at the request of any party or on the court's
own motion.
D.
HEARING TO CONSIDER CONFIRMATION OF PLAN
The hearing on final approval of the disclosure statement and confirmation of the plan (45 days
after the plan is filed unless extended by the court prior to the expiration of this deadline) has been set
for the date and time indicated above as "CONFIRMATION HEARING." The confirmation hearing may
be continued to a future date by notice given in open court at the confirmation hearing.
LF-64A (rev. 09/19/08)
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E.
Pursuant to Local Rules 3017-2(B) and 3020-1(A),
is fixed as the last day for filing and serving written objections to the disclosure statement and
confirmation of the plan (3 business days before the confirmation hearing). Objections shall be
served as required by Bankruptcy Rule 3017.1[interim].
F.
DEADLINE FOR OBJECTIONS TO CLAIMS
The last day for filing and serving objections to claims is indicated above as "DEADLINE
FOR OBJECTIONS TO CLAIMS." All objections to claims must be filed before this date unless
the deadline is extended by further order.
G.
DEADLINE FOR FILING AND HEARING ON FEE APPLICATIONS
The last day for filing and serving fee applications is indicated above as "DEADLINE FOR
FEE APPLICATIONS." All prospective applicants for compensation, including attorneys,
accountants and other professionals, shall file applications which include actual time and costs,
plus an estimate of additional time and costs to be incurred through confirmation. At or prior to
confirmation, applicants must file a supplement with documentation supporting the estimated time
and costs. Fee applications shall be timely filed with the court and served (with all exhibits
including documentation of estimated time) on (i) the debtor; (ii) the plan proponent (if other than
the debtor); (iii) all committees; (iv) any chapter 11 trustee or examiner; and (v) the U.S. Trustee.
Fee applications will be set for hearing together with the confirmation hearing.
H.
DEADLINE FOR INDIVIDUAL DEBTOR TO FILE “CERTIFICATE FOR
CONFIRMATION REGARDING PAYMENT OF DOMESTIC SUPPORT OBLIGATIONS AND
FILING OF REQUIRED TAX RETURNS”:
[If debtor is an individual] the debtor shall file, on or before the date indicated above, the Local
Form “Certificate for Confirmation Regarding Payment of Domestic Support Obligations and Filing
of Required Tax Returns.”
###
Copy to: plan proponent by clerk of court
LF-64A (rev. 09/19/08)
American LegalNet, Inc.
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