Local Rule 3018: Acceptance or Rejection of Chapter 11 Plan
Bankr. S.D. Ill. — Civil rule
L.R. 3018 – Acceptance or Rejection of Chapter 11 Plan. A. Form of Ballot. Unless a different ballot form has been approved by the Court, the plan proponent shall use the form available on the Court's website at www.ilsb.uscourts.gov. The ballot shall be distributed to creditors, shall include the address of the plan proponent or the party designated to receive ballots, and shall indicate that ballots should be received no later than the deadline established by the Court.
B. Tabulation of Balloting; Report and Certification. The plan proponent shall tabulate the ballots and prepare a balloting report. The report shall list, for each class, the total number of claims voting, total dollar amount of claims accepting, and percentage of claims voting that accept the plan. The report shall also indicate, for each class, whether it is impaired or unimpaired and whether or not the requisite vote has been attained in each class. A sample "Ballot for Accepting or Rejecting Plan" and "Report of Balloting" can be found on the Court's website at www.ilsb.uscourts.gov. The Report of Balloting shall be certified by the plan proponent.
C. Filing and Service. All ballots must be submitted to the attorney for the plan proponent at least 7 days before the confirmation hearing. The balloting report and certification shall be filed with the Court at least 3 days before the confirmation hearing. Copies of the report shall be served on the United States Trustee, the Service List, and parties filing objections to the plan.
D. Rules for Tabulating Ballots. In tabulating the ballots, the following rules shall apply:
1. Ballots that are not signed will not be counted either as an acceptance or rejection.
2. Where the amount shown as owed on the ballot differs from the schedules, the amount shown on the schedules will be used, or if a proof of claim has been filed and allowed or deemed allowed, the amount shown on the proof of claim will be used for the purpose of determining the amount voting, unless the Court orders otherwise.
3. Unless the Court orders otherwise, ballots that do not show a choice of either acceptance or rejection will not be counted either as an acceptance or rejection.
4. Unless the Court orders otherwise, ballots that are received after the last date set for filing ballots will not be counted as either an acceptance or rejection.