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Motion to Extend Exclusivity Period

Official Procedure Last Change September 30, 2019

Motion to Extend Exclusivity Period (Chapter 11 Plan and/or Disclosure Statement)

How to file: 

Location of event:   Bankruptcy > Motions, Applications & Briefs > Extend Exclusivity Period/Deadlines under Section 1121, 1129 or 1221, Motion to

Things to be aware of when filing: A request to extend the 300 or 45 day periods mentioned in the code/rules should be filed using the Motion to Extend Time to File Miscellaneous Documents event.

  • 11 USC 1121(b-e), 1129(e), 1221
  • FRBP 9006, 3015

General Information

  • The above-cited code sections and rules outline various deadlines with respect to the filing and confirmation of the plan. Deadlines related to small business cases are somewhat different and should be investigated thoroughly.
  • A request to extend the 300 or 45 day periods mentioned in those sections should be filed using the Motion to Extend Time to File Miscellaneous Documents event. 

Filing requirements

  • Motion must be signed by the filing party.
  • A Certificate of Service must accompany the Motion.
  • It is not necessary to upload a proposed order - the Court will prepare one. 

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Extend Exclusivity Period/Deadlines under Section 1121, 1129 or 1221, Motion to from the event list and click Next.

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

6. Check box if jointly filing with another attorney. Click Next.

7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

8. 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.

9. Browse to attach the document to be filed (pdf file). Click Next.

10. If you indicated in step 5 that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended and click Next.

11. Select prefix text, if applicable, and click Next.

Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended.

12. Verify final docket text. If correct, click Next to submit.

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.