In a corporate reorganisation case, who may prepare a reorganisation plan and file it with the court, and within what period?
General information · Not legal advice
Material to check
In a practice file, we read the schedule of claims and the proof-of-claim reports to see whether the person is entered in the list or has filed a report, since that condition decides who may file, and we read the court's paper fixing the period for filing a plan, since every filing must fall inside it.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision as a closed list of filers: the debtor, and any reorganisation claimant, reorganisation secured creditor, shareholder or equity holder who is entered in the list or who filed a report, may draft a plan and submit it to the court, but only within the period set under the provision that precedes this one.
Another reading turns on the condition written into the second item: a person falls inside that item only if entered in the list or if a report was made, so a creditor who did neither cannot rely on it, and the provision says nothing about what follows when the debtor and such a claimant each submit a plan inside the period, nor about a plan presented after the period has run.
Your judgment
If a reorganisation claim was filed after the list was fixed, what in the file would show whether that claimant may still prepare and file a plan?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to add or remove a class of persons who may file a plan, or to change the period it points to, or if a court decision settles whether a plan filed outside the period takes effect.