Ex Parte Application for Sanctions for Debtors' Violations of Section 1125 and for Remedial Measures to Debtors' 9/09/10 Press Release (9/14/10)
[edited]
As indicated by the Court on 9/13/10, a specific request for relief sought should be brought before the Court to address the Debtors’ Press Release. This Ex Parte Application identifies the relief sought and demonstrates that Debtors’ Press Release was an improper solicitation in violation of section 1125 and was in bad faith grossly misrepresenting the true state of affairs before the Court and disparaging EWB and the joint plan proposed by Legendary and EWB.
I. The Debtors Have Engaged in Unlawful, Bad Faith Solicitation in Violation of Section 1125 and Have Otherwise Significantly Interfered With the Disclosure Statement/Plan Confirmation Process.
II. The Debtors’ Disclosure Statement Should Not Be Approved and the Debtors Should Be Restrained From Any Further Improper Solicitation Activities.
III. If the Debtors’ Disclosure Statement Is Approved and Allowed to Be Distributed, Appropriate Measures Should Be Taken to Minimize the Harm Caused By and the Harm Continuing to Stem From the Debtors’ Actions.
IV. The Court Should Order Expedited Discovery So That Appropriate Sanctions May Be Fashioned.
Source: PACER (Docket 1820)
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