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Fed. R. Bankr. P. 3018

Chapter 9 or 11—Accepting or Rejecting a Plan

activein force · 2024-12-01 – presentact-effective-date

(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

60 Rule 3019 FEDERAL RULES OF BANKRUPTCY PROCEDURE

(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) T REATMENT 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.)

Provenance

Source
uscourts.gov
Retrieved
2026-09-03
Edition
2026-08-19
Content hash
1ae8639cb4f64ad9c1a17f4f38d926e107164a9e4c79d31059d68b8bb655cbd9
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