How long does a debtor have to confirm a plan in a Chapter 11 bankruptcy?

In South Dakota, a debtor has to confirm a plan in a Chapter 11 bankruptcy within 45 days after the first meeting of creditors. The 45-day timeline begins from the date the court issues the Notice of the Commencement of the Case, which is sent out after the case is filed. If the 45-day timeline is not met, the court may extend the deadline to as long as 180 days. The court can extend the deadline only if the debtor shows good cause for needing an extension. Once the plan has been confirmed, the debtor is expected to perform the obligations imposed under the plan. The length of time for the performance of the plan is usually not longer than five years. In most Chapter 11 cases, the debtor is expected to be able to pay the plan in full by the end of the five years. If, after the five-year period, the debtor is not able to pay in full, the court has the discretion to extend the payment period. It is important for debtors to be aware of all the deadlines related to a Chapter 11 bankruptcy filing. If the debtor fails to meet the deadlines, the case may be dismissed without a discharge, which could make it more difficult to pay off the debt owed.

Related FAQs

What is a “debtor-in-possession budget” in a Chapter 11 bankruptcy?
What are the benefits of filing for Chapter 11 bankruptcy?
How do I come up with a repayment plan in a Chapter 11 bankruptcy?
What happens to secured creditors in a Chapter 11 bankruptcy?
What is a “motion to extend the automatic stay” in a Chapter 11 bankruptcy?
What assets can I protect in a Chapter 11 bankruptcy?
Can I continue to operate my business during a Chapter 11 bankruptcy?
What are “preference payments” in a Chapter 11 bankruptcy?
What is a “disclosure statement” in a Chapter 11 bankruptcy?
How long does a debtor have to confirm a plan in a Chapter 11 bankruptcy?

Related Blog Posts

What is Chapter 11 Bankruptcy Law? - July 31, 2023
What Can You Expect from Filing for Chapter 11 Bankruptcy? - August 7, 2023
Understanding the Steps Involved in Chapter 11 Bankruptcy - August 14, 2023
What are the Benefits of Chapter 11 Bankruptcy? - August 21, 2023
What Are the Risks of Chapter 11 Bankruptcy? - August 28, 2023