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On August 5, the court approved the joint liquidating plan’s disclosure statement for solicitation and established the confirmation process in its disclosure-statement approval and confirmation scheduling order. The order moves the case from the court’s July 31 directive to revise plan papers into an active solicitation and confirmation process, with confirmation set for September 18, 2026.
The order follows the Debtors’ and Official Committee’s August 4 filing of their amended joint Chapter 11 plan of liquidation and amended disclosure statement. The amended plan continues the liquidation framework and addresses the Rabo and Pomona claim treatments. The immediate case pressure point is now confirmation: remaining Rabo–Pomona issues must be advanced through the amended plan and the court-approved confirmation process rather than the superseded draft.
At the July 31 disclosure-statement hearing, the court directed the Debtors and Official Committee to revise and file their joint liquidating plan and disclosure statement by August 4, and stated it was prepared to approve the disclosure statement once agreed language was incorporated. The court treated Pomona Farming’s remaining objections—principally over injunction/exculpation language and the treatment of D&O insider claims under the Rabo settlement—as confirmation issues rather than grounds to halt solicitation, while making no final ruling on the parties’ competing interpretations of the compromise agreement. The July 31 hearing record sets an August 31 voting and confirmation-objection deadline and a September 18 confirmation hearing.
The Plan Proponents followed through with an amended liquidating plan and amended disclosure statement on August 4. The case is therefore on a solicitation-to-confirmation track, but the unresolved CSA dispute can still drive confirmation objections, briefing, and potentially an evidentiary hearing.
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