Section 1121 - Who May File a Plan

Title 11 of the United States Code - Bankruptcy
REORGANIZATION – CHAPTER 11


Who May File a Plan –Section 1121
11 USCS § 1121


(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 [11 USCS §§ 1101 et seq.].
 
(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 [11 USCS §§ 1101 et seq.];
   (2) the debtor has not filed a plan before 120 days after the date of the order for relief under this chapter [11 USCS §§ 1101 et seq.]; 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 [11 USCS §§ 1101 et seq.], by each class of claims or interests that is impaired under the plan.
 
(d) (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 for the 180-day period referred to in this section.
   (2) (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 [11 USCS §§ 1101 et seq.].
      (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 [11 USCS §§ 1101 et seq.].
 
(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) [11 USCS § 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.


Sagaria Law has provided the US Bankruptcy Code in its entirety on our website for review by our new and current bankruptcy clients, and anyone else interested in referencing the US Bankruptcy Code.  The Bankruptcy Code is separated here into sections for easy viewing.  
If at any time you have questions regarding the US Bankruptcy Code or bankruptcy in general, please contact Sagaria Law and one of our bankruptcy specialists or experienced bankruptcy attorneys will be available to assist you.
Additionally, Sagaria Law has 9 bankruptcy office locations to serve you. Our bankruptcy offices in the Bay Area and South Bay Area include San Jose, San Francisco, Redwood City, and Fremont. Our Northern California bankruptcy offices include Roseville and Sacramento and our Southern California office is in Carlsbad, which is our North San Diego County bankruptcy division.  We also have two conveniently located bankruptcy offices in Oregon. Our Beaverton bankruptcy office and our Portland bankruptcy location are available to serve the bankruptcy needs of the greater Portland metro areas.

Attorney Consultation!! $99 Retainer Fee!! Free Bankruptcy Evaluation
Motivation Bills Assets Budget
The law varies from state-to-state — please provide your zip code!

Why are you considering bankruptcy? (select all that apply)









Motivation Bills Assets Budget

What bills do you have? (select all that apply)








Motivation Bills Assets Budget
Do you own real estate ?
If Yes , are you behind in these payments?


Do you own an automobile ?
If Yes , are you behind in these payments?


Do you have any additional assets worth more than $1000.00?
Motivation Bills Assets Budget

What types of income do you have? (select all that apply)






$
Contact Info Your Evaluation

Call For A Consultation

toll free: 1-866-447-8460