U.S. Code » Title 11 » Chapter CHAPTER 11— REORGANIZATION › Subchapter SUBCHAPTER V— SMALL BUSINESS DEBTOR REORGANIZATION

11 U.S.C. § 1189

Filing of the plan

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(a)Who May File a Plan.—Only the debtor may file a plan under this subchapter.(b)Deadline.—The debtor shall file a plan not later than 90 days after the order for relief under this chapter, except that the court may extend the period if the need for the extension is attributable to circumstances for which the debtor should not justly be held accountable.(Added Pub. L. 116–54, § 2(a), Aug. 23, 2019, 133 Stat. 1081.)Statutory Notes and Related SubsidiariesEffective Date

Section effective 180 days after Aug. 23, 2019, see section 5 of Pub. L. 116–54, set out as an Effective Date of 2019 Amendment note under section 101 of this title.

Notes of Decisions
Cited in 33 cases (24 in the last 5 years), 2020–2026 · leading case: Arnold B Baker
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Arnold B Baker (2020) txsb · cites it 9× “Here, Debtor’s Motion is based on 11 U.S.C. § 1189 (b) of the United States Bankruptcy Code.”
Online King LLC (2021) nyeb · cites it 8× “11 U.S.C. § 1189 (a). The plan must be filed within 90 days of the entry of the order for relief, except that the court may extend the 90-day period under limited circumstances, to wit, if a debtor demonstrates that the “need for the extension is attributable to circumstances…”
Seven Stars on the Hudson Corp (2020) flsb · cites it 5× “21 11 U.S.C. § 1189 (b). 22 11 U.S.C. § 1188 (a).”
Deirdre Ventura (2020) nyeb · cites it 4× “11 U.S.C. § 1189 (a), (b). This plan deadline may be extended by the Court “…if the need for the extension is attributable to circumstances for which the debtor should not justly be held accountable.”
Excellence 2000, Inc. (2022) txsb · cites it 4× “Whether a motion to extend can be filed past the 90-day plan filing deadline prescribed by 11 U.S.C. § 1189 Section 1189(b) controls when a plan must be filed in a subchapter V case and permits a court to extend the 90-day deadline but § 1189(b) does not prescribe a deadline for…”
Majestic Gardens Condominium C Association Inc (2022) flsb · cites it 2× “Analysis The Debtor requests that the Court deem the late-filed Plan timely filed under 11 U.S.C. § 1189 (b) by applying Fed. R. Bankr.”
Vital Pharmaceuticals, Inc. (2023) flsb · cites it 2× “37 11 U.S.C. § 1189 (b); In re Seven Stars on the Hudson Corp.”
Body Transit, Inc. D/B/A Rascals Fitness (2020) paeb · cites it 2× “§1188 (a),8 the Debtor is prepared to reschedule (re-do) the IDI as well as the status conference; ! the Debtor intends to file a chapter 11 plan by April 2, 2020, thereby complying with the SBRA’s statutory deadline for doing so, see 11 U.S.C. §1189 (b). On March 10, 2020, the…”
Offer Space, LLC (2021) utb · cites it 2× “Accordingly, the requirements of 11 U.S.C. § 1189 are satisfied. j. Contents of Plan.”
Jeffrey Bernhard Wetter (2020) vawb · cites it 2× “23 11 U.S.C. § 1189 (b). Trustee contends the Debtor requires an extension to the statutory deadlines.”
Scott Allen Keffer (2021) wvsb · cites it 2× “” 11 U.S.C. § 1189 (b). Like the status conference deadline, the plan filing deadline may be extended by the Court “if the need for the extension is attributable to circumstances for which the debtor should not justly be held accountable.”
Remarkable Healthcare, LLC and Remarkable Healthcare of Seguin, LP (2025) txeb · cites it 2× “See 11 U.S.C. § 1189 (b). While a subchapter V debtor may move to extend the 90-day deadline for filing a plan, Congress limited extensions to only those circumstances where the need for more time “is attributable to circumstances for which the debtor should not be justly held…”
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