11 U.S.C. § 1126 : US Code - Section 1126: Acceptance of plan
Search 11 U.S.C. § 1126 : US Code - Section 1126: Acceptance of plan
(a) The holder of a claim or interest allowed under section 502
of this title may accept or reject a plan. If the United States is
a creditor or equity security holder, the Secretary of the Treasury
may accept or reject the plan on behalf of the United States.
(b) For the purposes of subsections (c) and (d) of this section,
a holder of a claim or interest that has accepted or rejected the
plan before the commencement of the case under this title is deemed
to have accepted or rejected such plan, as the case may be, if -
(1) the solicitation of such acceptance or rejection was in
compliance with any applicable nonbankruptcy law, rule, or
regulation governing the adequacy of disclosure in connection
with such solicitation; or
(2) if there is not any such law, rule, or regulation, such
acceptance or rejection was solicited after disclosure to such
holder of adequate information, as defined in section 1125(a) of
this title.
(c) A class of claims has accepted a plan if such plan has been
accepted by creditors, other than any entity designated under
subsection (e) of this section, that hold at least two-thirds in
amount and more than one-half in number of the allowed claims of
such class held by creditors, other than any entity designated
under subsection (e) of this section, that have accepted or
rejected such plan.
(d) A class of interests has accepted a plan if such plan has
been accepted by holders of such interests, other than any entity
designated under subsection (e) of this section, that hold at least
two-thirds in amount of the allowed interests of such class held by
holders of such interests, other than any entity designated under
subsection (e) of this section, that have accepted or rejected such
plan.
(e) On request of a party in interest, and after notice and a
hearing, the court may designate any entity whose acceptance or
rejection of such plan was not in good faith, or was not solicited
or procured in good faith or in accordance with the provisions of
this title.
(f) Notwithstanding any other provision of this section, a class
that is not impaired under a plan, and each holder of a claim or
interest of such class, are conclusively presumed to have accepted
the plan, and solicitation of acceptances with respect to such
class from the holders of claims or interests of such class is not
required.
(g) Notwithstanding any other provision of this section, a class
is deemed not to have accepted a plan if such plan provides that
the claims or interests of such class do not entitle the holders of
such claims or interests to receive or retain any property under
the plan on account of such claims or interests.
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