Local Rule L.R. 3018: Acceptance or Rejection of Chapter 11 Plan.

L.R. 3018 - Acceptance or Rejection of Chapter 11 Plan. A. Summary of the Ballots Cast. At least 72 hours prior to the confirmation hearing in a Chapter 11 case, the plan proponent must file a written summary of the ballots cast and must serve a copy of the summary on the L.R. 9013-3(D) Master Service List or on those who would be on such a list, any party who has filed an objection to the plan, and any party whose ballot was received but not counted by the plan proponent. The summary must contain a separate listing of acceptances and rejections and must include the following information by class: 1. For each creditor filing an acceptance or rejection: a. the name of the creditor; b. the dollar amount of each claim; and c. whether the debtor has objected to the claim; 2. the total dollar amount and number of allowed claims voted; 3. the percentage dollar amount of acceptances; 4. the percentage number of acceptances; and 5. a description of all ballots not counted, the reason(s) therefor, and, if ascertainable by the plan proponent, a statement as to whether counting these ballots would have changed the claimants' classes' acceptance or rejection of the plan under Bankruptcy Code § 1126.

B. Tabulation of Balloting. Only ballots from the holder of a claim or interest allowed under Bankruptcy Code § 502 or those temporarily allowed by the Court pursuant to and in accordance with Fed. R. Bankr. P. 3018(a) will be counted. In tabulating the ballots, the following rules will govern: 1. Ballots that are not signed or where a company name cannot be determined from the signature line will not be counted by the plan proponent as either an acceptance or rejection. 2. Ballots where the name of the claimant cannot be determined from the face of the ballot will not be counted by the plan proponent as either an acceptance or rejection. 3. Ballots that are submitted on a form that does not conform substantially with the form of the ballot approved by the Court will not be counted by the plan proponent as either an acceptance or rejection. 4. Where the amount shown as owed on the ballot differs from the schedules and a proof of claim has been filed, the amount shown on the proof of claim will be used for the purpose of determining the amount voting. If no proof of claim has been filed, the amount shown on the schedules as undisputed, liquidated and non-contingent will be used. 5. Ballots that do not show a choice of either acceptance or rejection will not be counted by the plan proponent as either an acceptance or a rejection. 6. Ballots that are received by the plan proponent after the last date set for filing of ballots will not be counted by the plan proponent as either an acceptance or rejection. 7. Where duplicate ballots are filed on the same claim and one elects acceptance and one elects rejection, neither ballot will be counted by the plan proponent as either acceptance or rejection unless the latter filed ballot is designated as amending the prior ballot. 8. Ballots that are in any other way vague as to the claimant's identity or intention regarding its vote will not be counted by the plan proponent as either an acceptance or rejection. 9. Notwithstanding anything to the contrary in these Rules, a creditor's election on the ballot to opt into a 'convenience class' (or some class similar in name and substance) will be deemed an irrevocable election. All ballots that are not counted under this subsection will be included in the ballot summary pursuant to L.R. 3018(A)(5). Any claimant whose ballot was received by the plan proponent but not counted may request that the Court order that the ballot be counted. Such a request may be made either orally at the confirmation hearing or by written motion filed with the Court prior to the confirmation hearing.

C. Preservation of Ballots. The attorney for the plan proponent (or any other entity ordered by the Court) must keep and preserve all original ballots which are cast by the holders of claims or interests, along with any other relevant papers, for two (2) years after the plan is confirmed. Unless otherwise directed, copies of the original ballots will be made available upon written request to the attorney for the plan proponent or other entity ordered to keep the ballots. The original ballots will be brought to the confirmation hearing and made available to any party at the hearing.