11 APPENDIX U.S.C. § 3017.1
NOTES OF ADVISORY COMMITTEE ON RULES-1997 This rule is added to implement §1125(f) that was added to the Code by the Bankruptcy Reform Act of 1994.The procedures for electing to be considered a small business are set forth in Rule 1020. If the debtor is a small business and has elected to be considered a small business, §1125(f) permits the court to conditionally approve a disclosure statement subject to final approval after notice and a hearing. If a disclosure statement is conditionally approved, and no timely objection to the disclosure statement is filed, it is not necessary for the court to hold a hearing on final approval.GAP Report on Rule 3017.1. No change to the published draft.
COMMITTEE NOTES ON RULES-2008 AMENDMENT Section 101 of the Code, as amended in 2005, defines a "small business case" and "small business debtor," and eliminates any need to elect that status. Therefore, the reference in the rule to an election is deleted.As provided in the amendment to Rule 3016(b), a plan intended to provide adequate information in a small business case under §1125(f)(1) may be conditionally approved and is otherwise treated as a disclosure statement under this rule.Changes Made After Publication. No changes were made after publication.