Local Rule RULE 3018-1: BALLOTS – VOTING ON PLANS
Bankr. M.D. Ala. — General rule
RULE 3018-1 BALLOTS – VOTING ON PLANS
(a) Official Form 314 shall be used for ballots. Ballots shall include the Court's physical address and the Court's CM/ECF information for electronic filing. The ballot shall state that ballots must be received by the Clerk no later than the deadline established by order of the Court. Prior to service on each creditor, the ballot shall reflect the class of the creditor.
(b) Ballots may be paper filed with the Court or filed electronically via CM/ECF.
(c) The attorney for the proponent of the plan shall prepare a tabulation of the acceptances and rejections of the plan. The ballot tabulation shall be filed no later than three (3) business days prior to the confirmation hearing. The tabulation shall list the following for each class: total number of claims voting; total number of claims accepting; total dollar amount of claims voting; total dollar amount of claims accepting; percentage of claims voting that accept the plan; and percentage of dollar amount of claims voting that accept the plan. The ballot tabulation shall also indicate for each class whether the class is impaired or unimpaired and whether the class has accepted or rejected.
(d) In tabulating the ballots, the following rules shall govern:
(1) Ballots that are not signed, or where a company name is not shown on the signature line (when applicable), will not be counted either as an acceptance or as a rejection.
(2) If the amount of the creditor's claim shown on the ballot differs from the debtor's schedules and a proof of claim has been filed, unless an objection to the amount set forth on the proof of claim has been filed, the amount shown on the proof of claim will be used to determine the amount voting. If no proof of claim has been filed, the amount of the claim on the schedules will be used.
(3) If an objection to a proof of claim has been filed, absent Court order to the contrary, the ballot filed by the claimant shall not be counted as either an acceptance or a rejection, but information regarding the ballot shall be included on the ballot tabulation.
(4) Ballots that do not show a choice of either acceptance or rejection will not be counted either as an acceptance or as a rejection.
(5) Ballots filed after the last date set for filing ballots will not be counted either as an acceptance or as a rejection, unless leave of Court is granted.
(6) If duplicate ballots are filed, with one electing acceptance and the other electing rejection, neither ballot will be counted unless the later ballot is designated as amending the prior one.