Page:United States Statutes at Large Volume 90 Part 1.djvu/372

 90 STAT. 322 11 USC 411.

11 USC 412.

Notice.

11 USC 413.

PUBLIC LAW 94-260~APR. 8, 1976 " SEC. 91. PROVISIONS OF P L A N. — A petitioner's p l a n may include provisions modifying or altering the r i g h t s of creditors generally, or of any class of them, secured or unsecured, either through issuance of new securities of any character, or otherwise, and may contain such other provisions and agreements not inconsistent with t h i s chapter as the parties may desire, including provisions for the rejection of any executory contract or unexpired lease. " SEC. 92. AccErTANCE.— " (a) W H O MAT ACCEPT OR REJECT.—Unless a claim of a creditor who is included in the list or in a supplement to the list filed under section 85(b) or who files a proof of claim and whose claim is not then disputed, contingent, or unliquidated as to amount, or of a security holder of re-cord as of the date of the transmittal of infomiation under section 9 0 (b), has been disallowed or is not a claim affected by the plan, that creditor or security holder may accept or reject the plan and any modification of the plan within the time set by the court. Notwithstanding an objection to a claim, the court mnj temporarily allow such claim in such amount as the court deems proper for the purpose of acceptance or rejection under this section. " (b) GENERAL RULE.—Except as provided in subsection (d), the plan may be confirmed only if it has been accepted in writing by or on behalf of creditors holding a t least two-thirds in amount of the claims of each class allowed under section 88 and more than 50 percent in number of the claims of each class allowed under section 88. " (e) COMPLYING ACCEPTANCE.—The two-thirds majority required by sul)section (b) is two-thirds in amount of the claims allowed under section 88 of creditors who file an acceptance or rejection within the time fixed by the court, but not including claims held or controlled by the petitioner, or claims of creditors specified in subsection (d). The more than 50 perccrit required by subsection (b) is more than 50 percent in number of the claims allowed under section 88 of creditors who file ail acceptance or rejection within the time fixed by the court, but not including claims held or controlled by the f)etitioner, or claims of creditors specified in subsection (d). " (d) P^xcEPTiON.—It is not requisite to the confirmation of the plan that there be such acceptance by any creditor or class of creditors— " (1) whose claims are not affected by the p l a n; " (2) if the plan makes provision for the payment of their claims in cash in full; or " (8) if provision is made in the plan for the protection of the interests, claims, or lien of such creditor or class of creditors. " (e) ACCEPTANCE o r MODIFICATION.—If the court finds that a proposed modification does not materially and adversely affect the interest of a creditor, the modification shall be deemed accc]Dted by that creditor if that creditor has pre^-iously accepted the plan. If the court determines that a modification does materially and adversely affect the interest of a creditor, that creditor shall be given notice of the proposed modification and the time allowed for its acceptance or rejection. I'he number of acceptances of the plan as modified required by subsection (b) shall be obtained. The plan as modified shall be deemed to have been accepted by any creditor who accepted the plan and who fails to file a written rejection of the modification with the court within such reasonable time as shall be allowed in the notice to that creditor of the proposed modification. " SEC. 93. OP..TECTION TO P L A N. — A creditor who holds a claim affected by the plan or a special tax payer affected by the plan may file with the court an objection to the confirmation of the plan. The Securities

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