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I. CONFIRMATION PROCEDURE
Acceptances or rejections of a plan may not be solicited until after creditors have been provided a written disclosure statement that has been approved by the court, after notice and hearing, as containing adequate information. § 1125(b). One court has held that a creditor violated the anti-solicitation provision of § 1125(b) by attaching a draft plan and disclosure statement to its objection to the debtor's disclosure statement and then serving such objection on all creditors. Because no disclosure statement had yet been approved, the central issue was whether the mere distribution of a draft alternative plan constituted a "solicitation" for purposes of § 1125(b). The opinion recognized that "the leading case" is Century Glove, in which the Third Circuit held that only "a specific request for an official vote" constitutes a solicitation for purposes of § 1125, and that a majority of courts have adopted that narrow definition. The court rejected that narrow definition because it regarded it as inconsistent with the policy of § 1121 to "allow the debtor a reasonable time to obtain
confirmation of a plan without the threat of a competing plan." In essence, the court held that during exclusivity, parties opposing the debtor's plan should be limited to "pointing out failings which they perceive to be present in the debtor's plan." Once one disclosure statement is approved and distributed, however, it may not be a violation of this provision to solicit support for another plan.
Votes improperly solicited may be disregarded pursuant to § 1126(e). The purchase of claims to vote them against a plan is not per se bad faith nor will the purchaser necessarily in every case be compelled to explain its conduct, but if there is evidence the purchaser votes such claims without regard to the treatment of the claims an evidentiary hearing regarding the motives and potential collateral benefits to the purchaser may be required. A conflict of interest vis a vis other creditors in the same class may be grounds for designation and disqualification of the vote.
Ballots for acceptances or rejections must conform to the appropriate Official Form, currently Form 14. Rule 3018(c). If multiple plans are submitted, the ballot must provide
