Fed. R. Bankr. P. 3018
Chapter 9 or 11—Accepting or Rejecting a Plan
(a) In General.
(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 equity security holder or creditor whose claim is based on a security 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 statement 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 objection 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 Before the Petition Was Filed.
(1)
Acceptance or Rejection by a Nonholder of Record . An equity security holder or creditor who accepted or rejected a plan before the petition was filed will not be considered to have accepted or rejected the plan under § 1126(b) if the equity security 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 More Than One Plan Is Filed.
(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 holder 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.
(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 .)