PUBLIC LAW 109–8—APR. 20, 2005
119 STAT. 113
‘‘(6)(A) timely file tax returns and other required government filings; and ‘‘(B) subject to section 363(c)(2), timely pay all taxes entitled to administrative expense priority except those being contested by appropriate proceedings being diligently prosecuted; and ‘‘(7) allow the United States trustee, or a designated representative of the United States trustee, to inspect the debtor’s business premises, books, and records at reasonable times, after reasonable prior written notice, unless notice is waived by the debtor.’’. (b) CLERICAL AMENDMENT.—The table of sections for chapter 11 of title 11, United States Code, as amended by section 321, is amended by inserting after the item relating to section 1115 the following: ‘‘1116. Duties of trustee or debtor in possession in small business cases.’’. SEC. 437. PLAN FILING AND CONFIRMATION DEADLINES.
Section 1121 of title 11, United States Code, is amended by striking subsection (e) and inserting 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; 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.’’. SEC. 438. PLAN CONFIRMATION DEADLINE.
Section 1129 of title 11, United States Code, is amended by adding at the end the following: ‘‘(e) In a small business case, the court shall confirm a plan that complies with the applicable provisions of this title and that is filed in accordance with section 1121(e) not later than 45 days after the plan is filed unless the time for confirmation is extended in accordance with section 1121(e)(3).’’. SEC. 439. DUTIES OF THE UNITED STATES TRUSTEE.
Section 586(a) of title 28, United States Code, is amended— (1) in paragraph (3)— (A) in subparagraph (G), by striking ‘‘and’’ at the end; (B) by redesignating subparagraph (H) as subparagraph (I); and (C) by inserting after subparagraph (G) the following:
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