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Procedures for Noticing Hearings on the Adequacy of Disclosure Statements in Chapter 11 cases are changed

Friday, September 26, 2014

Effective immediately, procedures for noticing hearings on the adequacy of disclosure statements in Chapter 11 cases are changed. Debtors will now be responsible for all noticing.
 
When a disclosure statement and plan or amended disclosure statement and amended plan are filed, the Clerk will issue a scheduling order. Debtors are now required to mail a copy of the scheduling order, the disclosure statement and the plan to all creditors and parties in interest and to file a certificate of service identifying the documents served, the full name and address of each person served and the method of service.
 
The scheduling order will contain the date, time and location of the hearing on the adequacy of the disclosure statement and a date by which objections to the disclosure statement must be filed and served. A deadline by which debtors must complete service by mail will also be set in the order. Completion of service by the deadline set in the scheduling order is required to obtain approval of a disclosure statement.
 
These procedures shall also apply if the disclosure statement and plan are filed by a person other than the debtor. The obligations of the proponent of a disclosure statement and plan with respect to service of the documents and the scheduling order are the same as those imposed on debtors.
 
This change in noticing procedure applies in the Peoria, Springfield and Urbana Divisions.