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Motion to Extend Exclusivity Period/Deadlines

Official Procedure Last Change March 16, 2022

Motion to Extend Exclusivity Period/Deadlines under Section 1121, 1129, 1189 or 1221

How to file: 

Location of event:   Bankruptcy > Motions, Applications & Briefs > Extend Exclusivity Period/Deadlines under Section 1121, 1129, 1189 or 1221, Motion to

  • 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.
  • This event should also be used to seek an extension of time to file a Chapter 12 Plan.
  • Chapter 11 small business cases: A request to extend the 180-day exclusivity period, the 300-day period in which a plan and disclosure statement must be filed, or the 45-day period in which confirmation must be obtained may be made by following the instructions below. However, note that the Motion must be filed and the order entered before expiration of the deadline.

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, 1189 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.