Page:United States Statutes at Large Volume 66.djvu/478

 432 11 USC 724. Statements and fees accompanying petition.

11 USC 721-727. Dismissal of proceedings, etc.

11 USC ch. 10.

11 USC 532.

11 USC 737. Arrangement of certain payments.

11 USC 738.

11 USC 72.

11 USC 738. Creditors' c o rami ttee.

PUBLIC LAW 4 5 6 - J U L Y 7, 1952

[66

STAT.

SEC. 29. Section 324 of such Act, as amended, is amended to read as follows: "SEC. 324. The petition shall be accompanied by— " (1) a statement of the executory contracts of the debtor, and the schedules and statement of affairs, if not previously filed: Provided, however, That if the debtor files with the petition a list of his creditors and their addresses and a summary of his assets and liabilities, the court may, on application by the debtor, grant for cause shown further time, not exceeding ten days, for filing the statement of the executory contracts and the schedules and statements of affairs, and such time shall not further be extended except for cause shown and on such notice and to such persons as the court may direct; and "(2) payment to the clerk of the fees, if not already paid, required by this Act." SEC. 30. Chapter X I of such Act, as amended, is amended by inserting at the end of article IV of such chapter the following section 328: "SEC. 328. The judge may, upon application of the Securities and Exchange Commission or any party in interest, and upon such notice to the debtor, to the Securities and Exchange Commission, and to such other persons as the judge may direct, if he finds that the proceedings should have been brought under chapter X of this Act, enter an order dismissing the proceedings under this chapter, unless, within such time as the judge shall fix, the petition be amended to comply with the requirement of chapter X for the filing of a debtor's petition or a creditors' petition under such chapter, be filed. Upon the filing of such amended petition, or of such creditors' petition, and the payment of such additional fees as may be required to comply with section 132 of this Act, such amended petition or creditors' petition shall thereafter, for all purposes of chapter X of this Act, be deemed to have been originally filed under such chapter." SEC. 31. Paragraph (2) of section 337 of such Act, as amenaed, is amended to read as follows: "(2) fix a time within which the debtor shall deposit, in such place as shall be designated by and subject to the order of the court, the consideration, if any, to be distributed to the creditors, the money necessary to pay all debts which have priority, unless such priority creditors shall have waived their claims or such deposit, or consented in writing to any provision of the arrangement for otherwise dealing with such claims, and the money necessary to pay the costs and expenses of the proceedings, and the actual and necessary expenses, in such amount as the court may allow, incurred after its appointment by a committee appointed pursuant to section 388 of this Act, or incurred before or after the filing of the petition under this chapter by a committee designated in writings filed with the court and signed and acknowledged by a majority in amount of unsecured creditors whose claims have been scheduled otherwise than as contingent, unliquidated or disputed and who would not be disqualified by section 44 of this Act to participate in the appointment of a trustee: Provided, however, That in fixing any such allowances the court shall give consideration only to the services which contributed to the arrangement confirmed or to the refusal of confirmation of an arrangement, or which were beneficial in the administration of the estate, and the proper costs and expenses incidental thereto; and". SEC. 32. Section 338 of such Act, as amended, is amended to read as follows: "SEC. 338. At such meeting the creditors may appoint a committee, if none has previously been designated or appointed under

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