§ 1121. Who may file a plan
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/usc/title-11/section-1121A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The debtor may file a plan with a petition commencing a voluntary case, or at any time in a voluntary case or an involuntary case.
(b)Except as otherwise provided in this section, only the debtor may file a plan until after 120 days after the date of the order for relief under this chapter.
(c)Any party in interest, including the debtor, the trustee, a creditors’ committee, an equity security holders’ committee, a creditor, an equity security holder, or any indenture trustee, may file a plan if and only if—
(1)a trustee has been appointed under this chapter;
(2)the debtor has not filed a plan before 120 days after the date of the order for relief under this chapter; or
(3)the debtor has not filed a plan that has been accepted, before 180 days after the date of the order for relief under this chapter, by each class of claims or interests that is impaired under the plan.
(1)Subject to paragraph (2), on request of a party in interest made within the respective periods specified in subsections
(b)and
(c)of this section and after notice and a hearing, the court may for cause reduce or increase the 120-day period or the 180-day period referred to in this section.
(A)The 120-day period specified in paragraph
(1)may not be extended beyond a date that is 18 months after the date of the order for relief under this chapter.
(B)The 180-day period specified in paragraph
(1)may not be extended beyond a date that is 20 months after the date of the order for relief under this chapter.
(e)In a small business case—
(1)only the debtor may file a plan until after 180 days after the date of the order for relief, unless that period is—
(A)extended as provided by this subsection, after notice and a hearing; or
(B)the court, for cause, orders otherwise;
(2)the plan and a disclosure statement (if any) shall be filed not later than 300 days after the date of the order for relief; and
(3)the time periods specified in paragraphs
(1)and (2), and the time fixed in section 1129(e) within which the plan shall be confirmed, may be extended only if—
(A)the debtor, after providing notice to parties in interest (including the United States trustee), demonstrates by a preponderance of the evidence that it is more likely than not that the court will confirm a plan within a reasonable period of time;
(B)a new deadline is imposed at the time the extension is granted; and
(C)the order extending time is signed before the existing deadline has expired.
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2631; Pub. L. 98–353, title III, § 506, July 10, 1984, 98 Stat. 385; Pub. L. 99–554, title II, § 283(u), Oct. 27, 1986, 100 Stat. 3118; Pub. L. 103–394, title II, § 217(d), Oct. 22, 1994, 108 Stat. 4127; Pub. L. 109–8, title IV, §§ 411, 437, Apr. 20, 2005, 119 Stat. 106, 113.)
Historical and Revision Notes
legislative statements
Section 1121 of the House amendment is derived from section 1121 of the House bill; section 1121(c)(1) will be satisfied automatically in a case under subchapter IV of title 11.
senate report no. 95–989
Subsection
(a)permits the debtor to file a reorganization plan with a petition commencing a voluntary case or at any time during a voluntary or involuntary case.
Subsection
(b)gives the debtor the exclusive right to file a plan during the first 120 days of the case. There are exceptions, however, enumerated in subsection (c). If a trustee has been appointed, if the debtor does not meet the 120-day deadline, or if the debtor fails to obtain the required consent within 180 days after the filing of the petition, any party in interest may propose a plan. This includes the debtor, the trustee, a creditors’ committee, an equity security holders’ committee, a creditor, an equity security holder, and an indenture trustee. The list is not exhaustive. In the case of a public company, a trustee is appointed within 10 days of the petition. In such a case, for all practical purposes, any party in interest may file a plan.
Subsection
(d)permits the court, for cause, to increase or reduce the 120-day and 180-day periods specified. Since, the debtor has an exclusive privilege for 6 months during which others may not file a plan, the granted extension should be based on a showing of some promise of probable success. An extension should not be employed as a tactical device to put pressure on parties in interest to yield to a plan they consider unsatisfactory.
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Cited by 10 sections · top 6
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22 references not yet in our index
- Pub. L. 95–598
- 92 Stat. 2631
- Pub. L. 98–353, title III, § 506
- 98 Stat. 385
- Pub. L. 99–554, title II, § 283(u)
- 100 Stat. 3118
- Pub. L. 103–394, title II, § 217(d)
- 108 Stat. 4127
- Pub. L. 109–8, title IV
- 119 Stat. 106
- Pub. L. 109–8, § 411
- Pub. L. 109–8, § 437
- Pub. L. 103–394
- Pub. L. 99–554
- Pub. L. 98–353, § 506(a)
- Pub. L. 98–353, § 506(b)
- Pub. L. 109–8
- section 1501 of Pub. L. 109–8
- section 702 of Pub. L. 103–394
- section 302(a) of Pub. L. 99–554
- Pub. L. 98–353
- section 552(a) of Pub. L. 98–353
Citation graph
cites case law
§ 1121
Who may file a plan
IRM×6
U.S.C.×3
Stat.×1
Pub. L.Pub. L. 95–598
Stat.92 Stat. 2631
Pub. L.Pub. L. 98–353, title III, § 506
Stat.98 Stat. 385
Pub. L.Pub. L. 99–554, title II, § 283(u)
Cites 24 · showing 7Cited by 10 across 3 sources