CHAPTER 11—ACCEPTANCE OR REJECTION OF PLANS
- Ballots shall be sent to the proponent of the plan at least seven (7) days prior to the confirmation hearing, and, if the plan proponent is not the debtor, a copy of all ballots shall be served upon the debtor. No later than three (3) days prior to the hearing on confirmation in Chapter 11 cases, the plan proponent or its attorney shall tabulate the ballots and file a Chapter 11 Ballot Tabulation form, available at www.flnb.uscourts.gov. The plan proponent or its attorney shall certify that the tabulation is accurate and that all ballots received have been accounted for in the tabulation. The attorney for the plan proponent shall retain the original ballots for the time period required under the Administrative Procedures Regarding Electronic Case Filing and will make the original ballots available in a format as directed by the Court for the confirmation hearing or other required proceeding if so requested.
- In tabulating the ballots, the following rules shall govern:
- Ballots which are not signed or which do not identify the creditor will not count as either an acceptance or rejection;
- Ballots which do not show a choice of either acceptance or rejection will not be counted either as an acceptance or a rejection;
- Ballots submitted after the last date set for submission of ballots will not be counted as either an acceptance or rejection except upon leave of Court; and
- Where duplicate ballots are submitted and one elects acceptance and one elects rejection, then, absent leave of the Court, neither ballot will be counted unless the later submitted ballot is designated as amending the prior one.
- The proponent of the plan shall file a summary of the ballots submitted, included in the form available at www.flnb.uscourts.gov, which shall list for each class: the total number of claims voting, total dollar amount of claims accepting, percentages of claims voting which accept the plan, and percentage of dollar amount of claims voting which accept the plan. Such summary shall also indicate for each class whether that class is or is not impaired and whether or not the requisite vote has been attained for each class.
Advisory Committee Notes
This new rule reflects a transfer of certain portions of Local Rule 3020-1 into a separate local rule to better connect the plan balloting process to the applicable bankruptcy rule addressing the same matters, Bankruptcy Rule 3018.