Voting Certification
Voting Certification is a Chapter 11 filing or declaration reporting and certifying plan-ballot tabulation results under the court’s local rules or solicitation procedures before the Confirmation Hearing.
How it works
The Bankruptcy Code establishes Class Acceptance thresholds but does not prescribe one nationally titled document called Voting Certification. Courts and local rules use ballot tabulations, verified reports, voting declarations or confirmation certificates. These filings commonly identify each class, total voting claims, acceptances, rejections, excluded ballots and the tabulation method.
There is no single national title
Some courts call the filing a ballot tabulation, voting declaration, verified report or confirmation certificate.
The report translates ballots into class results
It typically states voting amounts, voter counts, acceptances, rejections and excluded ballots.
Local deadlines matter
Courts can require filing several days or weeks before the Confirmation Hearing.
The court can review disputed tabulation
A certification does not prevent objections concerning eligibility, temporary allowance, late ballots or Vote Designation.
Worked example: amount passes, number fails
A claims class has $90 million voting yes and $10 million voting no, but only two of five voting creditors accept. The dollar threshold passes while the creditor-number threshold fails.
Why the filing matters
Confirmation findings often adopt tabulation results. A material error can change whether Section 1129(a)(10) is met or cramdown is required.
Common mistakes
Assuming the agent’s calculation is unreviewable; treating the document name as nationally standardized; reporting only dollar percentages for claims classes; and excluding disputed ballots without authority.
Example
Five days before confirmation, the Plan Proponent files a certified ballot report showing that Class 4 accepted by 82% in amount and 67% in number, while Class 5 rejected. The filing also identifies ballots excluded as late or defective.
Example
Five days before confirmation, the Plan Proponent files a certified ballot report showing that Class 4 accepted by 82% in amount and 67% in number, while Class 5 rejected. The filing also identifies ballots excluded as late or defective.
Professional note
Treat the certification as the evidentiary bridge between raw ballots and confirmation findings. Its format is local, but the arithmetic must track Section 1126 and the entered solicitation order.
Related terms
- Class Acceptance
Class Acceptance is the Chapter 11 voting determination under Section 1126 that establishes whether a class of claims or interests has accepted a proposed plan based on the votes actually cast by eligible holders.
- Plan Ballot
A Plan Ballot is the written or court-approved electronic voting instrument used by an eligible creditor or equity holder to accept or reject a Chapter 11 plan and, where authorized, make related elections.
- Confirmation Hearing
A Confirmation Hearing is the Chapter 11 court hearing required by Section 1128 at which the court determines whether a proposed plan satisfies the applicable confirmation requirements and considers objections from parties in interest.
- Balloting Agent
A Balloting Agent is a bankruptcy service provider authorized to distribute or process Chapter 11 plan ballots, apply court-approved tabulation procedures and report voting results for eligible claims and interests.
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