Chapter 9 or 11—Accepting or Rejecting a Plan

(a) IN GENERAL. (1) Who May Accept or Reject a Plan. Within the time set by the court under Rule 3017, 3017.1, or 3017.2, a claim holder or equity security holder may accept or reject a Chapter 9 or Chapter 11 plan under § 1126. (2) Claim Based on a Security of Record. Subject to (b), an eq- uity security holder or creditor whose claim is based on a se- curity of record may accept or reject a plan only if the equity security holder or creditor is the holder of record: (A) on the date the order approving the disclosure state- ment is entered; or Rule 3019 FEDERAL RULES OF BANKRUPTCY PROCEDURE 60 (B) on another date the court sets: (i) under Rule 3017.2; or (ii) after notice and a hearing and for cause. (3) Changing or Withdrawing an Acceptance or Rejection. After notice and a hearing and for cause, the court may permit a creditor or equity security holder to change or withdraw an acceptance or rejection. (4) Temporarily Allowing a Claim or Interest. Even if an objec- tion to a claim or interest has been filed, the court may, after notice and a hearing, temporarily allow a claim or interest in an amount that the court considers proper for voting to accept or reject a plan. (b) TREATMENT OF ACCEPTANCES OR REJECTIONS OBTAINED BE- FORE THE PETITION WAS FILED. (1) Acceptance or Rejection by a Nonholder of Record. An equity security holder or creditor who accepted or rejected a plan be- fore the petition was filed will not be considered to have ac- cepted or rejected the plan under § 1126(b) if the equity secu- rity holder or creditor: (A) has a claim or interest based on a security of record; and (B) was not the security’s holder of record on the date specified in the solicitation of the acceptance or rejection. (2) Defective Solicitations. A holder of a claim or interest who accepted or rejected a plan before the petition was filed will not be considered to have accepted or rejected the plan if the court finds, after notice and a hearing, that: (A) the plan was not sent to substantially all creditors and equity security holders of the same class; (B) an unreasonably short time was prescribed for those creditors and equity security holders to accept or reject the plan; or (C) the solicitation did not comply with § 1126(b). (c) FORM FOR ACCEPTING OR REJECTING A PLAN; PROCEDURE WHEN MORE THAN ONE PLAN IS FILED. (1) Form. An acceptance or rejection of a plan must: (A) be in writing; (B) identify the plan or plans; (C) be signed by the creditor or equity security holder— or an authorized agent; and (D) conform to Form 314. (2) When More Than One Plan Is Distributed. If more than one plan is sent under Rule 3017, a creditor or equity security hold- er may accept or reject one or more plans and may indicate preferences among those accepted. (d) PARTIALLY SECURED CREDITOR. If a creditor’s claim has been allowed in part as a secured claim and in part as an unsecured claim, the creditor may accept or reject a plan in both capacities. (As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 22, 1993, eff. Aug. 1, 1993; Apr. 11, 1997, eff. Dec. 1, 1997; Apr. 11, 2022, eff. Dec. 1, 2022; Apr. 2, 2024, eff. Dec. 1, 2024.)