(a) Entities Entitled To Accept or Reject Plan; Time for Ac - ceptance or Rejection. A plan may be accepted or rejected in accordance with § 1126 of the Code within the time fixed by the court pursuant to Rule 3017, 3017.1, or 3017.2. Subject to subdivision (b) of this rule, an equity security holder or creditor whose claim is based on a security of record shall not be entitled to accept or reject a plan unless the equity security holder or creditor is the holder of record of the security on the date the order approving the disclosure statement is entered or on another date fixed by the court under Rule 3017.2, or fixed for cause after notice and a hearing. For cause shown, the court after notice and hearing may permit a creditor or equity security holder to change or withdraw an acceptance or rejection. Notwithstanding objection to a claim or interest, the court after notice and hearing may temporarily allow the claim or interest in an amount which the court deems proper for the purpose of accepting or rejecting a plan.
(b) Acceptances or Rejections Obtained Before Petition. An equity security holder or creditor whose claim is based on a security of record who accepted or rejected the plan before the commencement of the case shall not be deemed to have accepted or rejected the plan pursuant to § 1126(b) of the Code unless the equity security holder or creditor was the holder of record of the security on the date specified in the solicitation of such acceptance or rejection for the purposes of such solicitation. A holder of a claim or interest who has accepted or rejected a plan before the commencement of the case under the Code shall not be deemed to have accepted or rejected the plan if the court finds after notice and hearing that the plan was not transmitted to substantially all creditors and equity security holders of the same class, that an unreasonably short time was prescribed for such creditors and equity security holders to accept or reject the plan, or that the solicitation was not in compliance with § 1126(b) of the Code.
(c) Form of Acceptance or Rejection. An acceptance or rejection shall be in writing, identify the plan or plans accepted or rejected, be signed by the creditor or equity security holder or an authorized agent, and conform to the appropriate Official Form. If more than one plan is transmitted pursuant to Rule 3017, an acceptance or rejection may be filed by each creditor or equity security holder for any number of plans transmitted and if acceptances are filed for more than one plan, the creditor or equity security holder may indicate a preference or preferences among the plans so accepted.
(d) Acceptance or Rejection by Partially Secured Creditor. A creditor whose claim has been allowed in part as a secured claim and in part as an unsecured claim shall be entitled to 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.)
added in current removed in current
Compared to current version (2025).
(a) Entities Entitled ToIn General.
(1) Who May Accept or Reject a Plan; Time for Ac - ceptance or Rejection. 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 be accepted or rejected in accordance with § 1126 of the Code within the time fixed by the court pursuant to Rule 3017, 3017.1, or 3017.2. Subject to subdivision (b) of this rule 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 shall not be entitled tomay accept or reject a plan uonlessy if the equity security holder or creditor is the holder of record of the security:
(A) on the date the order approving the disclosure statement is entered; or
(B) on another date fixed by the court sets:
(i) under Rule 3017.2,; or fixed for cause
(ii) after notice and a hearing. F and for cause shown, the court a.
(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. Notwithstanding
(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 may, temporarily allow thea claim or interest in an amount whichthat the court deemconsiders proper for the purpose ofvoting to accepting or rejecting a plan.
(b) Treatment of Acceptances or Rejections Obtained Be - fore the Petition. An equity security holder or creditor whose claim is based on a security of rec Was Filed.
(1) Acceptance or Rejection by a Nonholder of Record. An equity security holder or creditord who accepted or rejected thea plan before the commencement of the case shapetition was filed will not be deemconsidered to have accepted or rejected the plan pursuant tounder § 1126(b) oif the Code unless the equity security holder or creditor was the holder of record of the security:
(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 suchthe acceptance or rejection for the purposes of such s.
(2) Defective Solicitations. A holder of a claim or interest who has accepted or rejected a plan before the commencement of the case under the Code shapetition was filed will not be deemconsidered to have accepted or rejected the plan if the court finds, after notice and a hearing, that:
(A) the plan was not transmittedsent to substantially all creditors and equity security holders of the same class, that;
(B) an unreasonably short time was prescribed for suchthose creditors and equity security holders to accept or reject the plan,; or that
(C) the solicitation wasdid not in compliancey with § 1126(b) of the Code.
(c) Form ofor Acceptanceing or Rejectiong a Plan; Procedure When More Than One Plan Is Filed.
(1) Form. An acceptance or rejection shallof a plan must:
(A) be in writing,;
(B) identify the plan or plans accepted or rejected,;
(C) be signed by the creditor or equity security holder- or an authorized agent,; and
(D) conform to the appropriate Official Form. If more than one plan is transmitted pursuant to Rule 3017, an acceptance or rejection may be filed by each creditor or equity security holder for any number of plans transmitted and if acceptances are filed for more than one plan, the creditForm 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 mor equity security holder may indicate a preference ore plans and may indicate preferences among the plans soose accepted.
(d) Acceptance or Rejection by Partially Secured Creditor. AIf a creditor whose’s claim has been allowed in part as a secured claim and in part as an unsecured claim shall be entitled to, 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.)