Page:United States Statutes at Large Volume 90 Part 1.djvu/370

 9 0 STAT. 3 2 0

PUBLIC LAW 94-260—APR. 8, 1976 multiple compensation, or against the petitioner, unless such plan is modified, within the time to be allowed by the court, so as to eliminate the possibility of such compensation, i n which event the court may proceed to further consideration of the confirmation of the plan.

11 USC 407.

"SEC.

87. REFERENCE, E X P E N S E S, AND JOINT ADMINISTRATION.—

" (a) REFERENCE.—The court may refer any special issue of fact to a referee in bankruptcy for consideration, the taking of testimony, and a report upon such special issue of fact, if the court finds that the condition of its docket is such that it cannot take such testimony without unduly delaying the dispatch of other business pending in the court, and if i t appears that such special issue is necessary to the determination of the case. A reference to a referee in bankruptcy shall be the exception and not the rule. The court shall not make a general reference of the case, b u t may only request findings of specific facts. " (b) EXPENSES.—The court may allow reasonable compensation for the actual and necessary expenses incurred i n connection with the case, including compensation for services rendered and expenses incurred in obtaining the deposit of securities and the preparation of the plan, whether such work has been done by the petitioner or by a representative of creditors, and may allow reasonable compensation for a n attorney or agent of any of them. N o fee, compensation, reimbursement, or other allowances for an attorney, agent, or representative of creditors shall be assessed against the petitioner or paid from any revenues, property, or funds of the petitioner except in the manner and in such sums, if any, as may be provided for in the plan. A n appeal may be taken from any order allowing compensation to the United States court, of appeals for the circuit in which the case under this chapter is pending, independently of any other appeal which may be taken in the case. The court of appeals shall hear and determine such appeal summarily. " (c) JOINT ADMINISTRATION.—If t w o or more p e t i t i o n s by related

entities a r e pending in the same court, the court may order joint administration of the cases. 11 USC 408.

Written notice.

Hearing and notice.

" SEC. 88. C L A I M S. — " (a) ALLOWANCE OF CLAIMS.—In the absence of an objection by a

party in interest, or of a filing of a proof of claim, the claim of a creditor that is not disputed, contingent, or unliquidated as to anioimt, and that appears in the list or in a supplement to the list filed by the petitioner under section 85(b) shall be deemed allowed. The court may set a date by which proofs of other claims shall be filed. I f the court does not set a date, such proofs of other claims shall be filed before the entry of an order confirming the plan. W i t h i n t h i r t y days after the filing by tl^ie petitioner of the list or any supplement to the list under section 85(b), the court shall give written notice to each person whose claim is listed as disputed, contingent, or unliquidated as to amount, informing each such person that a proof of claim must be filed with the court within the time fixed under this subsection. I f there is no objection to such claim, the claim shall be deemed allowed. I f there is an objection, the court shall hear and determine the objection. " (b) CLASSIFICATION OF CREDITORS.—The court shall designate classes of creditors whose claims a r e of substantially similar character and the members of which enjoy substantially similar rights, consistent with the provisions of section 89, except that the court may create a separate class of creditors h a v i n g unsecured claims of less than $250 for reasons of administrative convenience. I f there is a controversy over the classification of a creditor, the court shall, after hearing on notice, summarily determine such controversy.

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