CHAPTER 11-ACCEPTANCE OR REJECTION OF PLANS

(A) Ballots shall be sent to the proponent of the plan at least seven (7) days prior to the confirmation hearing, and, if the plan proponent is not the debtor, a copy of all ballots shall be served upon the debtor. No later than three (3) days prior to the hearing on confirmation in Chapter 11 cases, the plan proponent or its attorney shall tabulate the ballots and file the applicable form, available online. The plan proponent or its attorney shall certify that the tabulation is accurate and that all ballots received have been accounted for in the tabulation. The attorney for the plan proponent shall retain the original ballots for the time period required under the Administrative Procedures Regarding Electronic Case Filing and will make the original ballots available in a format as directed by the Court for the confirmation hearing or other required proceeding if so requested.

52 (B) In tabulating the ballots, the following rules shall govern: (1) Ballots which are not signed or which do not identify the creditor will not count as either an acceptance or rejection; (2) Ballots which do not show a choice of either acceptance or rejection will not be counted either as an acceptance or a rejection; (3) Ballots submitted after the last date set for submission of ballots will not be counted as either an acceptance or rejection except upon leave of Court; and (4) Where duplicate ballots are submitted and one elects acceptance and one elects rejection, then, absent leave of the Court, neither ballot will be counted unless the later submitted ballot is designated as amending the prior one. (C) The ballot tabulation required pursuant to (A), above, shall list for each class: the total number of claims voting, total dollar amount of claims accepting, percentages of claims voting which accept the plan, and percentage of dollar amount of claims voting which accept the plan. Such summary shall also indicate for each class whether that class is or is not impaired and whether or not the requisite vote has been attained for each class. Advisory Committee Notes 2023 Amendment The amended rule includes stylistic changes to refer to applicable forms and the Local Rules Links page that provides links to various Official Forms and Local Forms.

At the time of this amendment, the applicable form was Local Form 11-5 (Chapter 11 Ballot Tabulation). 2020 Amendment This new rule reflects a transfer of certain portions of Local Rule 3020-1 into a separate local rule to better connect the plan balloting process to the applicable bankruptcy rule addressing the same matters, Bankruptcy Rule 3018. 53 RULE 3020-1 CHAPTER 11 - CONFIRMATION (A) Objections to confirmation shall be filed and served not less than seven (7) days before the hearing on confirmation or within such time as may otherwise be ordered by the Court. A copy of any objection shall be served upon each of the persons set forth in Bankruptcy Rule 3020(b), the United States trustee, and the proponent of the plan (if other than the debtor).

(B) All Chapter 11 individual debtors shall file with the Court and serve on the United States trustee a certification that the debtor has paid all amounts that are required to be paid under a domestic support obligation that first became payable after the date of the filing of the Chapter 11 petition if the debtor is required by a judicial or administrative order, or by statute, to pay such domestic support obligation. If the debtor is not required to pay any amounts under a domestic support obligation, then the debtor shall file a certification stating that the debtor is not required to pay said amounts. The applicable form is available online. Advisory Committee Notes 2023 Amendment The amended rule includes stylistic changes to refer to applicable forms and the Local Rules Links page that provides links to various Official Forms and Local Forms.

Concurrent with the drafting of this amendment, Local Form 11-13 (Chapter 11 Debtor’s Pre-Confirmation Statement) was created for use in Chapter 11 cases as a parallel to existing pre-confirmation Local Forms 12-13 (Chapter 12) and 13-13 (Chapter 13). 2020 Amendment Excepting the relocation of former subdivisions (B)-(D) to new Local Rule 3018-1, the amended rule includes only stylistic changes. The format of subdivisions is changed to maintain a consistent style across all rules. Former subdivision (E) is amended to maintain a consistent style for references to the court’s website.

54 RULE 3022-1 CHAPTER 11 - FINAL REPORT/DECREE (A) Non-Individual Debtors. Upon substantial consummation of the plan for cases other than those for an individual, the plan proponent shall file a motion for final decree which shall certify compliance with 11 U.S.C. § 1101. (B) Individual Debtors. (1) Completed Plan Payments.

After the last plan payment has been made in an individual case, the debtor shall file: (a) A certification that the final payment has been made, applicable form available online; and (b) A motion for final decree which shall certify compliance with 11 U.S.C. § 1101. (2) Administrative Closing. After the entry of an order of confirmation and the disposition of all adversary proceedings, contested matters, and objections to administratively close the Chapter 11 case. The debtor, any creditor, or any other party in interest may file a motion to reopen an administratively closed case at any time without the necessity of paying a filing fee. individual debtors may file a motion to claims, (3) Motion to Reopen for Purpose of Obtaining Discharge and Final Decree.

The debtor may move to reopen the case for the purpose of obtaining a discharge and entry of a final decree after the completion of all payments under the plan, or for the purpose of seeking a hardship discharge. The motion to reopen shall include the total amount of payments made to each creditor under the plan, shall be verified by the debtor, and shall be served upon each creditor. 55 Advisory Committee Notes 2023 Amendment The amended rule includes stylistic changes to refer to applicable forms and the Local Rules Links page that provides links to various Official Forms and Local Forms. At the time of this amendment, the applicable form was Local Form 11-37 for Discharge in an Individual Chapter 11 Case).

(Statement/Certification Regarding Requirements 2020 Amendment This new rule reflects a transfer of certain portions of Local Rule 2081-1 into a separate local rule to better connect the content of final decrees to the applicable bankruptcy rule addressing the same matters, Bankruptcy Rule 3022. Provisions related to administrative closing and reopening are added to reflect local practice.