BALLOTS; VOTING ON PLAN; CONFIRMATION ORDER -

CHAPTER 11 (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 31 | P a g e 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).

32 | P a g e B-3022-1. FINAL DECREE IN CHAPTER 11 CASES WHERE THE DEBTOR IS NOT AN INDIVIDUAL In a Non-Sub V Case or a Sub V Case confirmed under 11 U.S.C. § 1191(a) in which the Debtor is not an individual, the Plan Proponent or other entity administering the confirmed plan shall apply for a final decree after the estate has been fully administered. In a Sub V Case confirmed under 11 U.S.C. § 1191(b) in which the Debtor is not an individual, the Debtor or trustee, consistent with the terms of the confirmed plan or confirmation order, shall apply for a final decree after the trustee has filed either the Chapter 11 Subchapter V Trustee’s Final Report and Account or the Report of No Distribution. The application shall include the percentage paid or proposed to be paid to general unsecured creditors.

The applicant seeking entry of a final decree shall serve a 14-day Objection Notice of the application on the Service List and file a Certificate of Service.