In the event
that the proponent of a chapter 11 plan files a modification of the plan
after transmittal of the approved disclosure statement and before acceptance
of the plan, the proponent shall serve a copy of the plan, as modified,
on the debtor, trustee, if any, the United States trustee and any creditors'
or equity security holders' committee appointed pursuant to Title 11 of
the United States Code no later than 11 days prior to the date fixed for
the hearing on confirmation. On notice to such entities, the court shall
determine whether the modification adversely affects the treatment of the
claim of any creditor or the interest of any equity security holder who
has not accepted the modification in writing. If the modification is not
adverse, the plan, as modified, shall be deemed accepted by all creditors
and equity security holders who accept the plan. If the modification is
adverse, the requirements of FRBP 3017 shall apply to the modified plan
and any amendment of the disclosure statement made necessary by the modification.
Comment
Pursuant to 11
U.S.C. 1127(a), the proponent of a chapter 11 plan may modify such plan
at any time before confirmation. While FRBP 3019 governs modification of
a plan after acceptance and before confirmation, this rule governs modification
subsequent to the transmission of an approved disclosure statement and
before acceptance.