BLR 3018-1. Procedure for Filing and Counting Ballots in Connection with Chapter 11 Plan Confirmation.

(a) Ballot Filing Procedure. Unless the Bankruptcy Court orders otherwise, a plan of reorganization proposed by any party in interest in a case under Chapter 11 shall provide that original completed ballots accepting or rejecting the plan be filed with the Bankruptcy Clerk.

(b) Plan Proponent's Duties Regarding Ballot Tabulation and Preparation of Report of Balloting. Prior to the hearing on confirmation of the plan but after the last day for filing written acceptances or rejections of the plan, counsel for the plan proponent shall count and tally all ballots filed with and maintained by the Bankruptcy Clerk or other authorized person, and shall prepare a Report of Balloting, which at a minimum shall include:

(1) a description of each class as designated in the plan and whether or not it is impaired as defined in the United States Bankruptcy Code, for example, "Class I, unsecured claim holders, impaired";

(2) for each impaired class, the total number of ballots filed, the number of ballots voting to accept and their aggregate dollar amount, and the number of ballots voting to reject and their aggregate dollar amount (any discrepancy between dollar amounts as indicated on a ballot and either a filed proof of claim or the debtor's schedules should also be noted);

(3) a conclusory paragraph indicating whether the plan has received the requisite acceptances to be confirmed under the Bankruptcy Code;

(4) regarding ballots that are not counted, a separate written statement explaining why such ballots were not counted with copies of all such ballots appended thereto; and finally,

(5) a separate written certificate signed by counsel for the plan proponent that all ballots as filed and maintained by the Bankruptcy Clerk or other authorized person were counted and tallied for the classes for which those ballots were filed except for those ballots appended to the aforementioned statement.

(c) Filing Report of Balloting and Proof of Service. At least three business days prior to the hearing on confirmation, the plan proponent shall file the Report of Balloting with the Bankruptcy Clerk and shall serve a copy of the Report and Notice that shows the date of filing upon the Office of the United States Trustee and all parties who have filed objections to confirmation. Proof of service thereof shall also be filed prior to said hearing with a copy thereof served upon the United States Trustee.