Once a plan is filed in a Chapter 11 small business case, 11 U.S.C. § 1129(e) requires the Court to confirm a plan that complies with the applicable requirements no later than 45 days thereafter. To assist in meeting the 45-day confirmation requirement, upon the filing of the disclosure statement and plan (regardless of whether the disclosure statement is filed separately or as part of the plan), the United States Trustee will file a statement as to the adequacy of the disclosure statement for purposes of conditional approval.
If the United States Trustee determines that the disclosure statement is adequate, the Court will enter an Order Conditionally Approving Disclosure Statement, Setting the Final Hearing Date and Establishing Deadlines. The disclosure statement will be considered for final approval along with confirmation of the plan on the final hearing date. If the United States Trustee determines that the disclosure statement is inadequate for conditional approval, the disclosure statement will be set for hearing.