119 STAT. 116
PUBLIC LAW 109–8—APR. 20, 2005
and shall decide the motion not later than 15 days after commencement of such hearing, unless the movant expressly consents to a continuance for a specific period of time or compelling circumstances prevent the court from meeting the time limits established by this paragraph. ‘‘(4) For purposes of this subsection, the term ‘cause’ includes— ‘‘(A) substantial or continuing loss to or diminution of the estate and the absence of a reasonable likelihood of rehabilitation; ‘‘(B) gross mismanagement of the estate; ‘‘(C) failure to maintain appropriate insurance that poses a risk to the estate or to the public; ‘‘(D) unauthorized use of cash collateral substantially harmful to 1 or more creditors; ‘‘(E) failure to comply with an order of the court; ‘‘(F) unexcused failure to satisfy timely any filing or reporting requirement established by this title or by any rule applicable to a case under this chapter; ‘‘(G) failure to attend the meeting of creditors convened under section 341(a) or an examination ordered under rule 2004 of the Federal Rules of Bankruptcy Procedure without good cause shown by the debtor; ‘‘(H) failure timely to provide information or attend meetings reasonably requested by the United States trustee (or the bankruptcy administrator, if any); ‘‘(I) failure timely to pay taxes owed after the date of the order for relief or to file tax returns due after the date of the order for relief; ‘‘(J) failure to file a disclosure statement, or to file or confirm a plan, within the time fixed by this title or by order of the court; ‘‘(K) failure to pay any fees or charges required under chapter 123 of title 28; ‘‘(L) revocation of an order of confirmation under section 1144; ‘‘(M) inability to effectuate substantial consummation of a confirmed plan; ‘‘(N) material default by the debtor with respect to a confirmed plan; ‘‘(O) termination of a confirmed plan by reason of the occurrence of a condition specified in the plan; and ‘‘(P) failure of the debtor to pay any domestic support obligation that first becomes payable after the date of the filing of the petition.’’. (b) ADDITIONAL GROUNDS FOR APPOINTMENT OF TRUSTEE.— Section 1104(a) of title 11, United States Code, is amended— (1) in paragraph (1), by striking ‘‘or’’ at the end; (2) in paragraph (2), by striking the period at the end and inserting ‘‘; or’’; and (3) by adding at the end the following: ‘‘(3) if grounds exist to convert or dismiss the case under section 1112, but the court determines that the appointment of a trustee or an examiner is in the best interests of creditors and the estate.’’.
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