S.Amdt. 88Senate109th Congress (2005-2007)

to amend the plan filing and confirmation deadlines.

What it does: Rewrites page 230, line 7 through page 231, line 6
Submitted March 7, 2005

What it changes

1 change to S. 256

Replaces text
  1. Rewrites page 230, line 7 through page 231, line 6

    ReplacesPrinted page

    Removes page 230, line 7 through page 231, line 6 of the printed bill. See that page

    Inserted: (e) In a small business case--

    Inserted: (1) only the debtor may file a plan until after 180 days after the date of the order for relief, unless that period is--

    Inserted: (A) extended as provided by this subsection, after notice and a hearing; or

    Inserted: (B) the court, for cause, orders otherwise;

    Inserted: (2) the plan and a disclosure statement (if any) shall be filed not later than 300 days after the date of the order for relief, unless that period is--

    Inserted: (A) extended as provided by this subsection, after notice and a hearing; or

    Inserted: (B) the court, for cause, orders otherwise; and

    Inserted: (3) the time periods specified in paragraphs (1) and (2), and the time fixed in section 1129(e) within which the plan shall be confirmed, may be extended only if--

    Inserted: (A) the debtor, after providing notice to parties in interest (including the United States trustee), demonstrates by a preponderance of the evidence that it is more likely than not that the court will confirm a plan within a reasonable period of time;

    Inserted: (B) a new deadline is imposed at the time the extension is granted; and

    Inserted: (C) the order extending time is signed before the existing deadline has expired.

    Original wording

    Beginning on page 230, strike line 7 and all that follows through page 231, line 6, and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 88. Mr. FEINGOLD submitted an amendment intended to be proposed by him to the bill S. 256, to amend title 11 of the United States Code, and for other purposes; as follows:

Beginning on page 230, strike line 7 and all that follows through page 231, line 6, and insert the following:

“(e) In a small business case--

“(1) only the debtor may file a plan until after 180 days after the date of the order for relief, unless that period is--

“(A) extended as provided by this subsection, after notice and a hearing; or

“(B) the court, for cause, orders otherwise;

“(2) the plan and a disclosure statement (if any) shall be filed not later than 300 days after the date of the order for relief, unless that period is--

“(A) extended as provided by this subsection, after notice and a hearing; or

“(B) the court, for cause, orders otherwise; and

“(3) the time periods specified in paragraphs (1) and (2), and the time fixed in section 1129(e) within which the plan shall be confirmed, may be extended only if--

“(A) the debtor, after providing notice to parties in interest (including the United States trustee), demonstrates by a preponderance of the evidence that it is more likely than not that the court will confirm a plan within a reasonable period of time;

“(B) a new deadline is imposed at the time the extension is granted; and

“(C) the order extending time is signed before the existing deadline has expired.”.

Legislative Activity

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5 earlier actions
Floor Latest Action

Considered by Senate. (consideration: CR S2307, S2342)

March 9, 2005

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Floor

Considered by Senate. (consideration: CR S2307, S2342)

March 9, 2005

Floor

Proposed amendment SA 88 withdrawn in Senate.

March 9, 2005

Floor

Considered by Senate. (consideration: CR S2200)

March 8, 2005

Floor

Senate amendment submitted

March 7, 2005

Floor

Senate amendment proposed (on the floor): Amendment SA 88 proposed by Senator Feingold.

March 7, 2005

Floor

Amendment SA 88 proposed by Senator Feingold. (consideration: CR S2134-2138; text: CR S2135) to amend the plan filing and confirmation deadlines.

March 7, 2005