Page:United States Statutes at Large Volume 119.djvu/126

 119 STAT. 108

Reports.

PUBLIC LAW 109–8—APR. 20, 2005

(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and (2) by adding at the end the following: ‘‘(2)(A) If an eligible, disinterested trustee is elected at a meeting of creditors under paragraph (1), the United States trustee shall file a report certifying that election. ‘‘(B) Upon the filing of a report under subparagraph (A)— ‘‘(i) the trustee elected under paragraph (1) shall be considered to have been selected and appointed for purposes of this section; and ‘‘(ii) the service of any trustee appointed under subsection (d) shall terminate. ‘‘(C) The court shall resolve any dispute arising out of an election described in subparagraph (A).’’. SEC. 417. UTILITY SERVICE.

Section 366 of title 11, United States Code, is amended— (1) in subsection (a), by striking ‘‘subsection (b)’’ and inserting ‘‘subsections (b) and (c)’’; and (2) by adding at the end the following: ‘‘(c)(1)(A) For purposes of this subsection, the term ‘assurance of payment’ means— ‘‘(i) a cash deposit; ‘‘(ii) a letter of credit; ‘‘(iii) a certificate of deposit; ‘‘(iv) a surety bond; ‘‘(v) a prepayment of utility consumption; or ‘‘(vi) another form of security that is mutually agreed on between the utility and the debtor or the trustee. ‘‘(B) For purposes of this subsection an administrative expense priority shall not constitute an assurance of payment. ‘‘(2) Subject to paragraphs (3) and (4), with respect to a case filed under chapter 11, a utility referred to in subsection (a) may alter, refuse, or discontinue utility service, if during the 30-day period beginning on the date of the filing of the petition, the utility does not receive from the debtor or the trustee adequate assurance of payment for utility service that is satisfactory to the utility. ‘‘(3)(A) On request of a party in interest and after notice and a hearing, the court may order modification of the amount of an assurance of payment under paragraph (2). ‘‘(B) In making a determination under this paragraph whether an assurance of payment is adequate, the court may not consider— ‘‘(i) the absence of security before the date of the filing of the petition; ‘‘(ii) the payment by the debtor of charges for utility service in a timely manner before the date of the filing of the petition; or ‘‘(iii) the availability of an administrative expense priority. ‘‘(4) Notwithstanding any other provision of law, with respect to a case subject to this subsection, a utility may recover or set off against a security deposit provided to the utility by the debtor before the date of the filing of the petition without notice or order of the court.’’. SEC. 418. BANKRUPTCY FEES.

Section 1930 of title 28, United States Code, is amended— (1) in subsection (a), by striking ‘‘Notwithstanding section 1915 of this title, the’’ and inserting ‘‘The’’; and

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