Page:United States Statutes at Large Volume 119.djvu/123

 PUBLIC LAW 109–8—APR. 20, 2005

119 STAT. 105

‘‘(i) the date that is 120 days after the date of the order for relief; or ‘‘(ii) the date of the entry of an order confirming a plan. ‘‘(B)(i) The court may extend the period determined under subparagraph (A), prior to the expiration of the 120-day period, for 90 days on the motion of the trustee or lessor for cause. ‘‘(ii) If the court grants an extension under clause (i), the court may grant a subsequent extension only upon prior written consent of the lessor in each instance.’’. (b) EXCEPTION.—Section 365(f)(1) of title 11, United States Code, is amended by striking ‘‘subsection’’ the first place it appears and inserting ‘‘subsections (b) and’’. SEC. 405. CREDITORS AND EQUITY SECURITY HOLDERS COMMITTEES.

(a) APPOINTMENT.—Section 1102(a) of title 11, United States Code, is amended by adding at the end the following: ‘‘(4) On request of a party in interest and after notice and a hearing, the court may order the United States trustee to change the membership of a committee appointed under this subsection, if the court determines that the change is necessary to ensure adequate representation of creditors or equity security holders. The court may order the United States trustee to increase the number of members of a committee to include a creditor that is a small business concern (as described in section 3(a)(1) of the Small Business Act), if the court determines that the creditor holds claims (of the kind represented by the committee) the aggregate amount of which, in comparison to the annual gross revenue of that creditor, is disproportionately large.’’. (b) INFORMATION.—Section 1102(b) of title 11, United States Code, is amended by adding at the end the following: ‘‘(3) A committee appointed under subsection (a) shall— ‘‘(A) provide access to information for creditors who— ‘‘(i) hold claims of the kind represented by that committee; and ‘‘(ii) are not appointed to the committee; ‘‘(B) solicit and receive comments from the creditors described in subparagraph (A); and ‘‘(C) be subject to a court order that compels any additional report or disclosure to be made to the creditors described in subparagraph (A).’’. SEC. 406. AMENDMENT TO SECTION 546 OF TITLE 11, UNITED STATES CODE.

Section 546 of title 11, United States Code, is amended— (1) by redesignating the second subsection (g) (as added by section 222(a) of Public Law 103–394) as subsection (h); (2) in subsection (h), as so redesignated, by inserting ‘‘and subject to the prior rights of holders of security interests in such goods or the proceeds of such goods’’ after ‘‘consent of a creditor’’; and (3) by adding at the end the following: ‘‘(i)(1) Notwithstanding paragraphs (2) and (3) of section 545, the trustee may not avoid a warehouseman’s lien for storage, transportation, or other costs incidental to the storage and handling of goods. ‘‘(2) The prohibition under paragraph (1) shall be applied in a manner consistent with any State statute applicable to such lien that is similar to section 7–209 of the Uniform Commercial

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