Local Rule RULE 3018-1: BALLOTS – VOTING ON CHAPTER 11 PLAN
Bankr. N.D.N.Y. — General rule
RULE 3018-1 BALLOTS – VOTING ON CHAPTER 11 PLAN
(a) Filing and Review. Creditors and equity security holders shall return a Ballot for Accepting or Rejecting Plan (Official Form 314) to the plan proponent who shall retain the ballots and make them available for review, upon request, by any party in interest.
(b) Certification. At least seven (7) days prior to the hearing on confirmation, the plan proponent shall file a written certification of the amount and number of allowed claims or allowed interests of each class accepting or rejecting the plan, in accordance with § 1126. The ballots must be filed as an exhibit to the certification. The certification shall be served by the plan proponent upon the debtor, § 1104 trustee, if any, the United States trustee, and any committee. If an issue is raised as to the proponent's compliance with § 1126, the Court may hold an evidentiary hearing prior to any confirmation hearing.
(c) Failure to File Certification and Ballots. Failure to timely comply with paragraph (b) of this Rule is cause for the Court to adjourn the hearing on confirmation.