Page:United States Statutes at Large Volume 90 Part 1.djvu/375

 PUBLIC LAW 94-260—APR. 8, 1976 "SEC.

98. D I S M I S S A L. —

90 STAT. 325 H USC 418.

" (a) PERMISSIVE DISMISSAL.—The court may dismiss the case after hearing on notice— Ul) for w a n t of prosecution; " (2) if no plan is proposed within the time fixed or extended by the court; " (3) if no proposed plan is accepted within the time fixed or extended by the c o u r t; or " (4) where the court has retained jurisdiction after confirmation of a plan— " (A) if the petitioner defaults in any of the terms of the p l a n; or " (B) if a plan terminates by reason of the happening of a condition specified therein. " (b) MANDATORY DISMISSAL.—The court shall dismiss the case if confirmation is refused.". SEC. 2. SEPARABILITY,—If any provision of this chapter or the appli- H USC 401 note, cation thereof to any agency, instrumentality, or subdivision is held invalid, the remainder of the chapter, or the application of such provision to any other agency or instrumentality or political subdivision shall not be affected by such holding. SEC. 3. I f the amendment made by this Act is judicially finally deter- 11 USC 401 note, mined to be unconstitutional then chapter IX of the B a n k r u p t c y Act, H USC 401 as such chapter IX existed on the day before the date of enactment ^* *«?'• of this Act, is revived and shall have full force and effect with respect to cases filed after such determination. Approved April 8, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-686 (Comm. on the Judiciary) and No. 94-938 (Comm. of Conference). SENATE REPORT No. 94-458 accompanying S. 2597 (Comm. on the Judiciary). CONGRESSIONAL RECORD: VoL 121 (1975): Dec. 9, S. 2597 considered in Senate; considered and passed House. Dec. 10, considered and passed Senate, amended, in lieu of S. 2597. VoL 122 (1976): Mar. 25, House receded and concurred in Senate amendments ' with amendments; Senate agreed to conference report, concurred in House amendments.

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