Page:United States Statutes at Large Volume 100 Part 4.djvu/179

 PUBLIC LAW 99-554—OCT. 27, 1986

100 STAT. 3107

"(B) a percentage fee not to exceed the sum of— "(i) not to exceed ten percent of the payments made under the plan of such debtor, with respect to payments in an aggregate amount not to exceed $450,000; and nos "(ii) three percent of payments made under the plan of such debtor, with respect to payments made after the aggregate amount of payments made under the plan exceeds $450,000; based on such maximum annual compensation and the actual, necessary expenses incurred by such individual as standing trustee. "(2) Such individual shall collect such percentage fee from all payments under plans in the cases under this chapter for which such individual serves as standing trustee. Such individual shall pay annually to the Treasury— "(A) any amount by which the actual compensation received by such individual exceeds five percent of all such payments made under plans in cases under this chapter for _ ^ which such individual serves as standing trustee; and fy gf "(B) any amount by which the percentage fee fixed under paragraph (1)(B) of this subsection for all such cases exceeds— "(i) such individual's actual compensation for such .,4^ cases, as adjusted under subparagraph (A) of this paraV H^' i graph; plus =.fii t.'^^l* '^ii) ^he actual, necessary expenses incurred by such individual as standing trustee in such cases. "§ 1203. Rights and powers of debtor "Subject to such limitations as the court may prescribe, a debtor in possession shall have all the rights, other than the right to compensation under section 330, and powers, and shall perform all the functions and duties, except the duties specified in paragraphs (3) and (4) of section 1106(a), of a trustee serving in a case under chapter 11, including operating the debtor's farm.

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ii use 1203.

"§ 1204. Removal of debtor as debtor in possession "(a) On request of a party in interest, and after notice and a hearing, the court shall order that the debtor shall not be a debtor in possession for cause, including fraud, dishonesty, incompetence, or gross mismanagement of the affairs of the debtor, either before or after the commencement of the case. "(b) On request of a party in interest, and after notice and a hearing, the court may reinstate the debtor in possession.

ll USC 1204.

"§ 1205. Adequate protection "(a) Section 361 does not apply in a case under this chapter. "0)) In a case under this chapter, when adequate protection is required under section 362, 363, or 364 of this title of an interest of an entity in property, such adequate protection may be provided by- ^ (1) requiring the trustee to make a cash payment or periodic cash payments to such entity, to the extent that the stay under section 362 of this title, use, sale, or lease under section 363 of this title, or any grant of a lien under section 364 of this title results in a decrease in the value of property securing a claim or of an entity's ownership interest in property;

ll usc 1205.

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