B-3018-1. BALLOTS; VOTING ON PLAN - CHAPTER 11

(a)   Distribution of Plan

Upon the approval or conditional approval of the disclosure statement, unless otherwise ordered by the Court, within seven (7) days the party filing the plan (the “Plan Proponent”) shall distribute copies of the plan, the disclosure statement [unless none is required under 11 U.S.C. § 1125(f)(1)], and ballot(s) to all creditors and parties in interest, along with the notice of the hearing on confirmation. The Plan Proponent shall file within fourteen (14) days after the approval or conditional approval of the disclosure statement a certificate of service that complies with S.D.Ind. B-9013-2.

(b)   Submission of Ballots and Balloting Report

(1)     Delivery and Retention of Ballots

Except as otherwise ordered and as provided in S.D. Ind. B-1007-2, all ballots shall be delivered to the Plan Proponent. Any original ballots received by the Clerk shall be forwarded to the Plan Proponent. The Plan Proponent shall establish an appropriate method for noting the date the ballot was received. Unless otherwise ordered by the Court, the Plan Proponent shall retain copies of the ballots in accordance with the Electronic Case Filing Administrative Policies and Procedures Manual.

(2)     Tabulation; Report, and Certification

The Plan Proponent shall tabulate the ballots and prepare a balloting report. The tabulation shall list, for each class, the total number of claims voting, total dollar amount of claims accepting, and percentages 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 report form is available on the Court’s website. The balloting report form shall be certified by the Plan Proponent. A sample certification form is available on the Court’s website.

(3)     Filing and Service

The certification and the balloting report shall be filed with the Court at least three (3) days before the confirmation hearing. Copies of the report shall be distributed to the UST, the Service List, and parties filing objections to the plan.

(c)   Form of Ballot

Unless a different ballot form has been approved by the Court, the Plan Proponent shall use the form of a ballot available on the Court’s website. 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 order of the Court.

(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 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.