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The Disclosure Statement
The filing of a written disclosure statement
is preliminary to the voting on a
plan of reorganization, and the disclosure
statement must provide "adequate
information" concerning the affairs of
the debtor to enable the holder of a
claim or interest to make an informed
judgment about the plan. 11 U.S.C.
§ 1125.
After the disclosure statement is
filed, the court must hold a hearing to
determine whether the disclosure statement
should be approved. Acceptance
or rejection of a plan cannot be solicited
without prior court approval of the
written disclosure statement. 11 U.S.C.
§ 1125(b).
After the disclosure statement
has been approved, the debtor or
proponent of a plan can begin to solicit
acceptances of the plan, and creditors
may also solicit rejections of the plan.
Fed. R. Bankr. P. 3017(d) requires that,
upon approval of a disclosure statement,
the following must be mailed to
the United States trustee and all creditors
and equity security holders: (1) the
plan, or a court approved summary of
the plan; (2) the disclosure statement
approved by the court; (3) notice of the
time within which acceptances and
rejections of the plan may be filed; and
(4) such other information as the court
may direct, including any opinion of the
court approving the disclosure statement
or a court-approved summary of
the opinion. Fed. R. Bankr. P. 3017(d).
In addition, the debtor must mail to the
creditors and equity security holders
entitled to vote on the plan or plans (1)
notice of the time fixed for filing objections;
(2) notice of the date and time for
the hearing on confirmation of the plan;
and (3) a ballot for accepting or rejecting
the plan and, if appropriate, a designation
for the creditors to identify their
preference among competing plans. Id.
However, in a small business case, the
court may conditionally approve a disclosure
statement subject to final
approval after notice and a combined
disclosure statement/plan confirmation
hearing. 11 U.S.C. § 1125(F).
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