Rule 3018 — Chapter 9 or 11—Accepting or Rejecting a Plan

Fed. R. Bankr. P. 3018

• Source: Federal Rules of Bankruptcy Procedure
• Rule: 3018
• PART X: [ABROGATED]
• Citation: Fed. R. Bankr. P. 3018

Text

(a) INGENERAL.
(1) Who May Accept or Reject a Plan. Within the time set by
the court under Rule 3017, 3017.1, or 3017.2, a claim holder or
equity security holder may accept or reject a Chapter 9 or
Chapter 11 plan under §1126.
(2) Claim Based on a Security of Record. Subject to (b), an eq-
uity security holder or creditor whose claim is based on a se-
curity of record may accept or reject a plan only if the equity
security holder or creditor is the holder of record:
(A) on the date the order approving the disclosure state-
ment is entered; or

(B) on another date the court sets:
(i) under Rule 3017.2; or
(ii) after notice and a hearing and for cause.
(3) Changing or Withdrawing an Acceptance or Rejection. After
notice and a hearing and for cause, the court may permit a
creditor or equity security holder to change or withdraw an
acceptance or rejection.
(4) Temporarily Allowing a Claim or Interest. Even if an objec-
tion to a claim or interest has been filed, the court may, after
notice and a hearing, temporarily allow a claim or interest in
an amount that the court considers proper for voting to accept
or reject a plan.
(b) TREATMENT OF ACCEPTANCES OR REJECTIONS OBTAINED BE-
FORETHEPETITIONWASFILED.
(1) Acceptance or Rejection by a Nonholder of Record. An equity
security holder or creditor who accepted or rejected a plan be-
fore the petition was filed will not be considered to have ac-
cepted or rejected the plan under §1126(b) if the equity secu-
rity holder or creditor:
(A) has a claim or interest based on a security of record;
and
(B) was not the security’s holder of record on the date
specified in the solicitation of the acceptance or rejection.
(2) Defective Solicitations. A holder of a claim or interest who
accepted or rejected a plan before the petition was filed will
not be considered to have accepted or rejected the plan if the
court finds, after notice and a hearing, that:
(A) the plan was not sent to substantially all creditors
and equity security holders of the same class;
(B) an unreasonably short time was prescribed for those
creditors and equity security holders to accept or reject
the plan; or
(C) the solicitation did not comply with §1126(b).
(c) FORM FOR ACCEPTING OR REJECTING A PLAN; PROCEDURE WHEN
MORETHANONEPLANISFILED.
(1) Form. An acceptance or rejection of a plan must:
(A) be in writing;
(B) identify the plan or plans;
(C) be signed by the creditor or equity security holder—
or an authorized agent; and
(D) conform to Form 314.
(2) When More Than One Plan Is Distributed. If more than one
plan is sent under Rule 3017, a creditor or equity security hold-
er may accept or reject one or more plans and may indicate
preferences among those accepted.
(d) PARTIALLY SECURED CREDITOR. If a creditor’s claim has been
allowed in part as a secured claim and in part as an unsecured
claim, the creditor may accept or reject a plan in both capacities.

Advisory Committee Notes

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 22, 1993, eff. Aug. 1, 1993; Apr. 11, 1997, eff. Dec. 1, 1997; Apr. 11, 2022, eff. Dec. 1, 2022; Apr. 2, 2024, eff. Dec. 1, 2024.)