RULE 1100. DISCLOSURE STATEMENTS

Unless excused by the judge, the following requirements will apply to all disclosure statements or amended disclosure statements:

(1) Each disclosure statement will include the following in addition to all matters required by the Bankruptcy Code and Bankruptcy Rules:

(a) At the beginning, before any other material, an introductory narrative that summarizes the nature of the plan and includes a clear description of the exact proposed treatment of each class showing total dollar amounts claimed due for each class and amounts and timing of payments to be made under the plan, and also all sources and amounts of funding thereof. That narrative should plainly identify all classes, the composition of each class (as to number and type of creditors), the amount of claims (specifying any that are to be disputed and how they will be treated under the plan), and the amount (dollar and/or percentages) to go to each class. The distinction between pre-and post-petition creditors should be made clear; and

(b) A summary exhibit setting forth a liquidation analysis as if assets of the debtor were liquidated under Chapter 7.

(2) Except where liquidating plans are proposed, each disclosure statement will also include the following:

(a) a projected cash flow and budget showing all anticipated income and expenses including plan payments, spread over the life of the plan or three fiscal years, whichever is shorter;

(b) a narrative summarizing the scheduled assets and liabilities as of the date of filing in bankruptcy, reciting the financial history during the Chapter 11 (including a summary of the financial reports filed), describing the mechanics of handling initial and subsequent disbursements under the plan, and identifying persons responsible for disbursements; and

(c) consolidated annual financial statements (or copies of such statements for the years in question) covering at least one fiscal year prior to bankruptcy filing and each fiscal year of the debtor-in-possession period.

Committee Note: This rule is now routinely ordered by several judges in this District. It will, to some extent, standardize information presented in disclosure statements. Judges who prefer not to follow this rule, and judges who decide to exempt small cases from it, may excuse compliance.