(a) Distribution of Plan and Related Documents
In a Non-Sub V Case, within seven days after the approval or conditional approval of the disclosure statement or determination that a disclosure statement is not needed, the party filing the plan (the “Plan Proponent”) shall distribute copies of the plan, disclosure statement, ballot(s), and notice of the confirmation hearing to all creditors and parties in interest. The Plan Proponent shall file within 14 days thereafter a Certificate of Service. In a Sub V Case, the Court shall enter an order setting the requirements for plan distribution.
(b) Form of Ballot
The Plan Proponent shall use the ballot form available on the Court’s website, unless the Court has approved a different ballot form. The ballot shall be distributed to creditors, include the address of the Plan Proponent or the party designated to receive ballots, and indicate that ballots must be received no later than the deadline established by order of the Court.
(c) Submission of Ballots and Balloting Report
(1) Delivery and Retention of Ballots
All ballots shall be returned to the Plan Proponent, unless the Court orders otherwise. The Clerk shall forward original ballots received to the Plan Proponent. The Plan Proponent shall note the receipt date on each ballot. The Plan Proponent shall retain copies of the ballots in accordance with the Electronic Case Filing Administrative Policies and Procedures Manual, unless the Court orders otherwise.
(2) Tabulation; Report, and Certification
The Plan Proponent shall file a balloting report, certified as to accuracy, that lists 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 state, for each class, whether it is impaired or unimpaired and whether the requisite vote has been attained in each class. A sample certified report form is available on the Court’s website.
(3) Filing and Service
The Plan Proponent shall file the certified balloting report at least three 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.
(d) Confirmation Order
After the confirmation hearing, if the plan is confirmed the plan proponent shall submit a proposed confirmation order. In a Sub V Case, the caption of the confirmation order shall state whether confirmation was obtained under 11 U.S.C. § 1191(a) or (b).