Local Rule 3018-1: SUMMARY AND CERTIFICATION OF ACCEPTANCE OR REJECTION OF PLANS IN CHAPTER 9 AND 11 CASES

Rule 3018-1 SUMMARY AND CERTIFICATION OF ACCEPTANCE OR REJECTION OF PLANS IN CHAPTER 9 AND 11 CASES

(a) Summary of Ballots and Notice of Cramdown.

At least 7 days prior to the hearing on confirmation of a chapter 9 or 11 plan, the proponent of the plan shall file, and serve upon the United States trustee and counsel to any committee appointed in the case, a concise statement setting forth the following information:

(i) a summary of the ballots received;

(ii) whether the proponent proposes to confirm the plan over the objection of one or more impaired classes; and

(iii) whether any witnesses other than the proponent's witness in favor of the plan are expected to testify as to any facts relevant to confirmation (testimony by the proponent on behalf of the plan is required).

(b) Certification of Vote.

At least 7 days prior to the hearing on confirmation of a chapter 9 or 11 plan, the proponent of a plan or the party authorized to receive the acceptances and rejections of the plan shall file a certification setting forth the amount and number of allowed claims or allowed interests of each class accepting or rejecting the plan. A copy of the certification shall be served upon the debtor, the trustee, each committee, the United States trustee and all parties that have filed a notice of appearance in the case. The Court may find that the plan has been accepted or rejected on the basis of the certification.

(c) Notice of Ineffective Election.

If a plan in a chapter 9 or 11 case permits the holder of a claim or interest to make an election with respect to the treatment of the claim or interest, and if the holder's election is deemed ineffective or otherwise is not counted by the person authorized to tabulate ballots, that person shall give notice of that fact to the holder at least 7 days prior to the hearing on confirmation.