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Order Setting Hearing On Approval Of Disclosure Statement-Deadline For Filing Objections Form. This is a Florida form and can be use in USBC Southern Federal.
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Tags: Order Setting Hearing On Approval Of Disclosure Statement-Deadline For Filing Objections, LF-32A, Florida Federal, USBC Southern
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF FLORIDA
www.flsb.uscourts.gov
In re:
Case No.
Chapter 11
Debtor
/
ORDER (I) SETTING HEARING TO CONSIDER APPROVAL OF
DISCLOSURE STATEMENT; (II) SETTING DEADLINE FOR
FILING OBJECTIONS TO DISCLOSURE STATEMENT; AND
(III) DIRECTING PLAN PROPONENT TO SERVE NOTICE
DISCLOSURE HEARING:
at
m.
LOCATION:
United States Bankruptcy Court
(address)
DEADLINE FOR SERVICE OF ORDER, DISCLOSURE STATEMENT AND PLAN:
(30 days before Disclosure Hearing)
DEADLINE FOR OBJECTIONS TO DISCLOSURE STATEMENT:
(5 business days before Disclosure Hearing)
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PLAN PROPONENT:
(name of Plan Proponent)
(name and address of
Plan Proponent's Attorney)
A Disclosure Statement and Plan were filed pursuant to 11 U.S.C. §§1121 and 1125
on
by the plan proponent named above. This order sets a hearing
to consider approval of the disclosure statement ("disclosure hearing"), and sets forth the
deadlines and requirements relating to the disclosure statement provided in the
Bankruptcy Code, Bankruptcy Rules and Local Rules of this court.
The disclosure statement is on file with the court, and may be accessed
electronically or you may obtain a copy at your expense from the clerk or view a copy at
the public terminals in the clerk’s office. Copies also may be obtained from the plan
proponent by written request, pursuant to paragraph 3(B) of this order.
1.
HEARING TO CONSIDER APPROVAL OF DISCLOSURE STATEMENT
The court has set a hearing to consider approval of the disclosure statement for the
date and time indicated above as “DISCLOSURE HEARING”. The disclosure hearing may
be continued to a future date by notice given in open court at the disclosure hearing. At the
disclosure hearing, the court will consider the disclosure statement, and any modifications
or objections to it.
2.
DEADLINE FOR OBJECTIONS TO DISCLOSURE STATEMENT
The last day for filing and serving objections to the disclosure statement is indicated
above as “DEADLINE FOR OBJECTIONS TO DISCLOSURE STATEMENT”. Objections
to the disclosure statement shall be filed with the court and served on (i) the debtor; (ii) the
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plan proponent (if other than the debtor); (iii) all committees that have been appointed; (iv)
any chapter 11 trustee or examiner that has been appointed; and (v) the U.S. Trustee.
Pursuant to Local Rule 3017-1(A), any objecting party shall confer with the plan
proponent's counsel at least 3 business days before the disclosure hearing in an effort to
resolve any objections to the disclosure statement.
3.
PLAN PROPONENT TO SERVE NOTICE
(A)
On or before the date indicated above as “DEADLINE FOR SERVICE OF
ORDER, DISCLOSURE STATEMENT AND PLAN”, the Plan Proponent shall serve a copy
of this order on (i) all creditors; (ii) all equity security holders; (iii) all persons who have
requested notice; and (iv) all other interested parties, pursuant to Bankruptcy Rules 2002,
and 3017 (including those entities as described in Bankruptcy Rule 3017(f)), and Local Rule
3017-1(B) and including those on a Master Service List required to be filed pursuant to
Local Rule 2002-1(H). The plan proponent shall file a certificate of service as required
under Local Rule 2002-1(F).
(B)
On or before the date indicated above as “DEADLINE FOR SERVICE OF
ORDER, DISCLOSURE STATEMENT AND PLAN”, the plan proponent shall serve a copy
of the disclosure statement and plan, together with this order, on (i) the debtor; (ii) all
committees that have been appointed; (iii) any chapter 11 trustee or examiner that has
been appointed; (iv) the Securities and Exchange Commission; (v) the Internal Revenue
Service; (vi) the U.S. Trustee; and (vii) any party in interest who requests in writing a copy
of the disclosure statement and plan, pursuant to Bankruptcy Rule 3017(a), and Local Rule
3017-1(B).
The plan proponent shall file a certificate of service as required under Local Rule
2002-1(F).
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If the plan proponent does not timely comply with any of the requirements of this
order, the court may impose sanctions at the disclosure 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 disclosure hearing at the request of
any party that has requested such relief in a timely filed objection or on the court's own
motion.
###
Submitted by:
LF-32A (rev. 06/02/08)
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