Judge Thompson rules press release in violation of § 1125(b).
An acceptance or rejection of a plan may not be solicited after the commencement of the case under this title from a holder of a claim or interest with respect to such claim or interest, unless, at the time of or before such solicitation, there is transmitted to such holder the plan or a summary of the plan, and a written disclosure statement approved, after notice and a hearing, by the court as containing adequate information. The court may approve a disclosure statement without a valuation of the debtor or an appraisal of the debtor’s assets.
Judge Thompson has ordered that there be a retraction by both MMPIQ and Richard Meruelo, individually, based on (1) implied solicitation and (2) substantial inaccuracies.
The parties are now working on language.