(a) Ballot Filing Procedure. Unless the Bankruptcy Court orders otherwise, a disclosure statement for a plan of reorganization in a chapter 11 case must state that original completed ballots accepting or rejecting the plan must 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 must count and tally all ballots filed with and maintained by the Bankruptcy Clerk or other authorized person and must prepare a Report of Balloting, which must include:
(1) a description of each class designated in the plan and whether it is impaired as defined in the Bankruptcy Code, for example, "Class I, unsecured claim holders, impaired";
(2) for each impaired and voting class, (i) the total number of ballots filed; (ii) the number of ballots voting to accept, their aggregate dollar amount, and the percentage such dollar amount represents of the aggregate dollar amount of votes received for such class; and (iii) the number of ballots voting to reject and (A) their aggregate dollar amount and the percentage such dollar amount represents of the aggregate dollar amount of votes received for such class and (B) the percentage they represent of the total number of votes received for such class. If a class contains insider votes, the Report must also provide the foregoing data based on the exclusion of such insider votes;
(3) a statement of whether the plan has received the requisite acceptances to be confirmed under the Bankruptcy Code;
(4) regarding ballots that are not counted, a statement explaining why such ballots were not counted with copies of all such ballots appended thereto; and
(5) a certificate signed by counsel for the plan proponent that all ballots filed and maintained by the Bankruptcy Clerk or other authorized person were counted and tallied, 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 must file the Report of Balloting with the Bankruptcy Clerk and must serve a copy of the Report of Balloting on the United States Trustee, counsel for all official committees, and all parties who have filed objections to confirmation. Proof of service thereof shall be filed with the Bankruptcy Court prior to the hearing on confirmation.