Rule 3016 Federal Rules of Bankruptcy Procedure

Rule 3016 of the Federal Rules of Bankruptcy Procedure is about Chapter 9 or 11—Plan and Disclosure Statement. It is under Part III (Claims and Distribution to Creditors and Equity Interest Holders; Plans) of the Rules.

(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.