11 U.S.C. Section 1189 -- Filing of Plan in Subchapter V

What Is Section 1189?

Section 1189 of Title 11 of the United States Code (Filing of the Plan in Subchapter V) is a foundational provision of the Bankruptcy Code. It requires Subchapter V debtors to file a plan within 90 days of the order for relief. This tight deadline is one of the features that keeps Subchapter V cases efficient and fast.

Key Provisions of Section 1189

Key provisions:

• 1189(a): Only the debtor may file a plan (no competing creditor plans, unlike traditional Chapter 11).
• 1189(b): The debtor must file the plan not later than 90 days after the order for relief, unless the court extends this deadline for circumstances for which the debtor should not justly be held accountable.

How This Affects You

The 90-day filing requirement keeps Subchapter V focused:

• The debtor must have a viable plan concept before filing or develop one quickly
• Courts grant extensions but require good cause -- not just delay
• The plan does not need a disclosure statement (Section 1181(b) eliminates that requirement)

Related Bankruptcy Code Sections

Section 1189 works in conjunction with several other provisions of the Bankruptcy Code:

• Section 1190 -- Plan acceptance
• Section 1181 -- Subchapter V framework

Understanding how these sections interact is critical for anyone navigating the bankruptcy process, whether as a debtor, creditor, or attorney.