Official Procedure Last Change December 1, 2017
Chapter 11 Plans
How to file:
Location of event: Bankruptcy > Plans & Disclosure Statements > Chapter 11 Plan
- In a small business case, the debtor has different options for the plan solicitation process, and is subject to different deadlines. Consult the Small Business section for more information.
- The debtor (unless a "small business debtor") has a 120-day period during which it has an exclusive right to file a plan. This exclusivity period may be extended or reduced by the court. However, the exclusivity period may not be extended longer than 18 months. After the exclusivity period has expired, a creditor or the case trustee may file a competing plan.
- In a small business case, only the debtor may file a plan until 180 days after the order for relief has been entered. The court may extend this period, but may also order that other parties are allowed to file a plan before the 180-day period expires.
- In a Subchapter V case, only the debtor may file a plan.
- After the exclusivity period expires or has been terminated, more than one plan may be submitted to the creditors for approval. Every proposed plan and modification must be dated and identified with the name of the entity or entities submitting the plan or modification.
- Except for Subchapter V cases, the debtor (or any plan proponent) must file and get court approval of a written disclosure statement before seeking votes on the plan of reorganization. The disclosure statement must provide "adequate information" concerning the affairs of the debtor to enable the holder of a claim or interest to make an informed judgment about the plan. (A disclosure statement is never required under Subchapter V.)
- 14 days after the Disclosure Statement is approved, the plan proponent must file a Certificate of Service with the Court showing service of plan and disclosure statement on all creditors.
- The plan must be signed by the attorney for the plan proponent (or by the plan proponent, if pro se).
- Chapter 11 plans must include contents as cited under 11 USC 1123.
- The Chapter 11 plan may be filed with or at a different time than the disclosure statement.
- Small business cases: Official Form B25B may be used.
1. Log into CM/ECF.
2. Select Bankruptcy > Plans & Disclosure Statements.
3. Enter case number (in the format xx-xxxxx) and click Next.
4. Select Chapter 11 Plan from the event list and click Next.
5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.
6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.
Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.
8. Select whether plan is Reorganization or Liquidation, then click Next
9. Select prefix text, if applicable, and click Next.
10. Verify the final docket text; if correct, click Next to submit your document(s).
Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.