(a) Filing and Review. All chapter 11 ballots transmitted to creditors for the purpose of voting to accept or reject the proposed plan of reorganization shall be filed with the proponent of the plan. Ballots received shall be made available for review, upon request, by any party in interest.
(b) Certification. At least three business days prior to the hearing on confirmation, the proponent of a plan shall certify to the court the amount and number of allowed claims or interests of each class accepting or rejecting the plan in accordance with 11 U.S.C. 1126. The ballots received by the proponent of the plan must be submitted to the court as an exhibit to the certification. A copy of the certification shall be served by the proponent on the debtor, trustee, if any, United States trustee and any court approved committee. On the basis of the certification, the court may find that the plan is subject to confirmation. If an issue is raised as to the proponent's compliance with 11 U.S.C. 1126, the court may hold an evidentiary hearing prior to any confirmation hearing.
Failure to timely
file the required certification and ballots is cause for the court to postpone
the hearing on confirmation.
Comment
Subsection (b)
of this rule imposes a certification requirement that permits the court
to rely on such certification in determining whether a plan has been accepted
or rejected pursuant to 11 U.S.C. 1126.