Page:United States Statutes at Large Volume 119.djvu/122

 119 STAT. 104

PUBLIC LAW 109–8—APR. 20, 2005

TITLE IV—GENERAL AND SMALL BUSINESS BANKRUPTCY PROVISIONS Subtitle A—General Business Bankruptcy Provisions SEC. 401. ADEQUATE PROTECTION FOR INVESTORS.

(a) DEFINITION.—Section 101 of title 11, United States Code, is amended by inserting after paragraph (48) the following: ‘‘(48A) ‘securities self regulatory organization’ means either a securities association registered with the Securities and Exchange Commission under section 15A of the Securities Exchange Act of 1934 or a national securities exchange registered with the Securities and Exchange Commission under section 6 of the Securities Exchange Act of 1934;’’. (b) AUTOMATIC STAY.—Section 362(b) of title 11, United States Code, as amended by sections 224, 303, and 311, is amended by inserting after paragraph (24) the following: ‘‘(25) under subsection (a), of— ‘‘(A) the commencement or continuation of an investigation or action by a securities self regulatory organization to enforce such organization’s regulatory power; ‘‘(B) the enforcement of an order or decision, other than for monetary sanctions, obtained in an action by such securities self regulatory organization to enforce such organization’s regulatory power; or ‘‘(C) any act taken by such securities self regulatory organization to delist, delete, or refuse to permit quotation of any stock that does not meet applicable regulatory requirements;’’. SEC. 402. MEETINGS OF CREDITORS AND EQUITY SECURITY HOLDERS.

Section 341 of title 11, United States Code, is amended by adding at the end the following: ‘‘(e) Notwithstanding subsections (a) and (b), the court, on the request of a party in interest and after notice and a hearing, for cause may order that the United States trustee not convene a meeting of creditors or equity security holders if the debtor has filed a plan as to which the debtor solicited acceptances prior to the commencement of the case.’’. SEC. 403. PROTECTION OF REFINANCE OF SECURITY INTEREST.

Subparagraphs (A), (B), and (C) of section 547(e)(2) of title 11, United States Code, are each amended by striking ‘‘10’’ each place it appears and inserting ‘‘30’’. SEC. 404. EXECUTORY CONTRACTS AND UNEXPIRED LEASES.

Deadlines.

VerDate 14-DEC-2004

08:19 Oct 26, 2006

(a) IN GENERAL.—Section 365(d)(4) of title 11, United States Code, is amended to read as follows: ‘‘(4)(A) Subject to subparagraph (B), an unexpired lease of nonresidential real property under which the debtor is the lessee shall be deemed rejected, and the trustee shall immediately surrender that nonresidential real property to the lessor, if the trustee does not assume or reject the unexpired lease by the earlier of—

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