Page:United States Statutes at Large Volume 52.djvu/977

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PUBLIC LAWS-CH. 575-JUNE 22, 1938 Ante, p. 851. If debtor unable to complete payments within three years. Ante, p. 933. Ande, p. 851 . Final decree. Dismissal and ad- judication. excluding debts which are not dischargeable under section 17 of this Act held by creditors who have not accepted the plan. "SEc. 661. If at the expiration of three years after the confirmation of a plan the debtor has not completed his payments thereunder, the court may nevertheless, upon the application of the debtor and after hearing upon notice, if satisfied that the failure of the debtor to complete his payments was due to circumstances for which he could not be justly held accountable, enter an order discharging the debtor from all his debts and liabilities provided for by the plan, and all debts denied participation in the plan by section 643 of this Act, but excluding debts which are not dischargeable under section 17 of this Act held by creditors who have not accepted the plan. "SEc. 662. Upon the consummation of a proceeding under this chapter, as provided either in section 660 or section 661 of this Act, the court shall enter a final decree discharging the trustee, closing the estate and making such provision, by way of injunction or other- wise, as may be equitable. "ARTICLu X-DISMISSAL AND ADJUDIOATION If annotroposed "SE. 666 . If a plan is not proposed at the meeting of creditors in time, not accepted, etc. oor within such further time as the court may fix, or if the plan is withdrawn or abandoned prior to its acceptance, or if the plan is not accepted at the meeting of creditors or within such further time as the court may fix, or if the deposit required under this chapter and under the plan is not made or the application for confirmation is not filed within the time fixed by the court, or if confirmation of the plan is refused, or if after confirmation a debtor defaults in any of the terms of the plan, or if the plan terminates by reason of the happening of a condition specified in the plan, the court shall- Disisseal of pro- "(1) where the petition has been filed under section 621 of this Ante, p.931. Act, enter an order dismissing the proceeding under this chapter and adjudging the debtor a bankrupt, if not previously so adjudged, and directing that the bankruptcy be proceeded with pursuant to the provisions of this Act; or Ane, p.931. "(2) where the petition has been filed under section 622 of this Act, enter an order dismissing the proceeding under this chapter or, with the consent of the debtor, adjudging him a bankrupt and directing that bankruptcy be proceeded with pursuant to the provisions of this Act. Entry of order di-

SEC. 667. Upon the entry of an order directing that bankruptcy

ruptcy be proceeded be proceeded with- with. "(1) in the case of a petition filed under section 621 of this Act, the bankruptcy proceeding shall be deemed reinstated and thereafter shall be conducted, so far as possible, as if such petition under this chapter had not been filed; or "(2) in the case of a petition filed under section 622 of this Act, if an order has been entered adjudging the debtor a bankrupt, as provided in paragraph (2) of section 666 of this Act, the proceeding shall thereafter be conducted, so far as possible, in the same manner and with like effect as if a voluntary petition for adjudication in bankruptcy had been filed and a decree of adjudication had been entered on the day when the petition under this chapter was filed. judging debtor bank "SE. 668. Except as provided in section 666 of this Act and else- roptdueing pendenc where in this chapter, a debtor shall not be adjudged a bankrupt either in a proceeding under this chapter or in any proceeding insti- tuted under this Act, during the pendency of a proceeding under this chapter. 936 [52 STAT.