Except as otherwise ordered, the following shall apply in all cases pending under Chapter 11 of the Bankruptcy Code:

(1) Ballots accepting or rejecting a plan are to be filed with the clerk.

(2) Prior to the confirmation hearing, counsel for each plan proponent shall tally all ballots filed with the clerk and prepare a report of balloting which at a minimum shall include:

(a) a description of each class and whether or not it is impaired (for example, Class I, unsecured creditors, impaired );

(b) for each impaired class, the number of ballots received, 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;

(c) a concluding paragraph indicating whether the plan has received sufficient acceptance to be confirmed;

(d) a completed ballot form substantially similar to the one appended to this rule;

(e) appended to the completed ballot form copies of all ballots not counted for any reason and a statement as to why the same were not counted; and

(If) a certificate that all ballots were counted for the classes for which those ballots were filed except for ballots appended to the report.

(3) Counsel for each plan proponent shall:

(a) file the report of balloting on that plan with the clerk;

(b) serve notice of such filing together with a copy of the report on the United States Trustee, all parties on the service list, and all parties who have filed objections to confirmation; and

(c) deliver a copy thereof to the chambers of the presiding judge.

(4) The notice and copy of the report shall be filed and served at least two business days prior to the hearing on confirmation, unless otherwise ordered. Proof of such service and a copy of the notice and report shall be filed with the clerk prior to the confirmation hearing.

Committee Note: This rule is based on local Interim Bankruptcy Rule 4.