Page:United States Statutes at Large Volume 92 Part 2.djvu/1351

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-598—NOV. 6, 1978

92 STAT. 2631

(7) inability to effectuate substantial consummation of a confirmed plan; (8) material default by the debtor with respect to a confirmed plan; and (9) termination of a plan by reason of the occurrence of a condition specified in the plan. (c) The court may not convert a case under this chapter to a case under chapter 7 of this title if the debtor is a farmer or a corpora- Ante, p. 2603. tion that is not a moneyed, business, or commercial corporation, unless the debtor requests such conversion. (d) The court may convert a case under this chapter to a case under chapter 13 of this title only if— (1) the debtor requests such conversion; and (2) the debtor has not been discharged under section 1141(d) of this title. (e) Notwithstanding any other provision of this section, a case may not be converted to a case under another chapter of this title unless the debtor may be a debtor under such chapter. SUBCHAPTER II—THE PLAN § 1121. Who may file a plan (a) The debtor may file a plan with a petition commencing a voluntary case, or at any time in a voluntary case or an involuntary case. (b) Except as otherwise provided in this section, only the debtor may file a plan until after 120 days after the date of the order for relief under this chapter. (c) Any party in interest, including the debtor, the trustee, a creditors' committee, an equity security holders' committee, a creditor, an equity security holder, or any indenture trustee, may file a plan if and only if— (1) a trustee has been appointed under this chapter; (2) the debtor has not filed a plan before 120 days after the date of the order for relief under this chapter; or (3) the debtor has not filed a plan that has been accepted, before 180 days after the date of the order for relief under this chapter, by each class the claims or interests of which are impaired under the plan. (d) On request of a party in interest and after notice and a hearing, the court may for cause reduce or increase the 120-day period or the 180-day period referred to in this section. § 1122. Classification of claims or interests (a) Except as provided in subsection (b) of this section, a plan may place a claim or an interest in a particular class only if such claim or interest is substantially similar to the other claims or interests of such class. (b) A plan may designate a separate class of claims consisting only of every unsecured claim that is less than or reduced to an amount that the court approves as reasonable and necessary for administrative convenience. § 1123. Contents of plan (a) A plan shall— (1) designate, subject to section 1122 of this title, classes of claims other than claims of a kind specified in section 507(a)(1), 507(a)(2), or 507(a)(6) of this title and classes of interests; (2) specify any class of claims or interests that is not impaired under the plan;

11 USC 1121.

11 USC 1122.

11 USC 1123. Ante, p. 2583.