Issue link: https://mbozikis.ufcontent.com/i/1422521
152 the solicitation such holder has received the plan (or a summary thereof) and a written disclosure statement that has been approved by the court as containing "adequate information." 11 U.S.C. § 1125(b). The only exception is that, in a small business case, the court may determine that the plan itself contains adequate information and that a separate disclosure statement is not required. 11 U.S.C. § 1125(f). The Bankruptcy Code defines adequate information as "information of a kind, and in sufficient detail, as far as is reasonably practicable in light of the nature and history of the debtor and the condition of the debtor's books and records . . . [so as to enable a hypothetical investor] of the relevant class to make an informed judgment about the plan . . . ." 11 U.S.C. § 1125(a)(1). There are a number of categories of information that are typically included in a disclosure statement, including the circumstances giving rise to the bankruptcy filing, a description of the available assets and their value, a summary of the debtor's anticipated future performance together with accompanying financial projections, information regarding claims against the estate, an analysis of the debtor's enterprise value and a liquidation analysis setting forth the estimated return to creditors in a hypothetical Chapter 7 case. See In re Oxford Homes, Inc., 204 B.R. 264, 269 n.17 (Bankr. D. Me. 1997). Although the same disclosure statement must be transmitted to each holder of a claim or interest in a particular class, different disclosure statements may be transmitted to the different classes of claims or interests. 11 U.S.C. § 1125(c). Bankruptcy Rules 3016, 3017 and 3017.1 set forth the procedures for the filing and court consideration of the plan and disclosure statement. In certain circumstances, prepetition acceptance or rejection of a plan may be effective. 11 U.S.C. § 1125(g). A holder of a claim or interest that has accepted or rejected a plan prepetition is deemed to have accepted or rejected such plan provided that (i) the prepetition solicitation complied with any applicable