Page:United States Statutes at Large Volume 92 Part 2.djvu/1366

 92 STAT. 2646

PUBLIC LAW 95-598—NOV. 6, 1978

(2) appear and be heard at any hearing that concerns— (A) the value of property subject to a lien; (B) confirmation of a plan; or (C) modification of the plan after confirmation; and (3) advise, other than on legal matters, and assist the debtor in performance under the plan. (c) If the debtor is engaged in business, then in addition to the duties specified in subsection (b) of this section, the trustee shall perform the duties specified in sections 1106(a)(3) and 1106(a)(4) of this title. (d) If the number of cases under this chapter commenced in a particular judicial district so vs^arrant, the court may appoint one or more individuals to serve as standing trustee for such district in cases under this chapter. (e)(1) A court that has appointed an individual under subsection (d) of this section to serve as standing trustee in cases under this ^ chapter shall fix— (A) a maximum annual compensation for such individual, not to exceed the lowest annual rate of basic pay in effect for grade GS-16 of the General Schedule prescribed under section 5332 of title 5; and (B) a percentage fee, not to exceed ten percent, based on such maximum annual compensation and the actual, necessary expenses incurred by such individual as standing trustee. (2) Such individual shall collect such percentage fee from all payments under plans in the cases under this chapter for which such individual serves as standing trustee. Such individual shall pay annually to the Treasury— _ (A) any amount by which the actual compensation of such individual exceeds five percent upon all payments under plans in cases under this chapter for which such individual serves as standing trustee; and (B) any amount by which the percentage fee fixed under paragraph (1)(B) of this subsection for all such cases exceeds— (i) such individual's actual compensation for such cases, \v as adjusted under subparagraph (A) of this paragraph; plus (ii) the actual, necessary expenses incurred by such individual as standing trustee in such cases. 11 USC 1303. § 1303. Rights and powers of debtor Subject to any limitations on a trustee under this chapter, the debtor shall have, exclusive of the trustee, the rights and powers of a trustee Ante, p. 2572. under sections 363(b), 363(d), 363(e), 363(f), and 363(1), of this title. 11 USC 1304. § 1304. Debtor engaged in business (a) A debtor that is self-employed and incurs trade credit in the production of income from such employment is engaged in business. (b) Unless the court orders otherwise, a debtor engaged in business may operate the business of the debtor, and, subject to any limitations Ante, pp. 2572, on a trustee under sections 363(c) and 364 of this title and to such 2574. limitations or conditions as the court prescribes, shall have, exclusive of the trustee, the rights and powers of the trustee under such sections. (c) A debtor engaged in business shall perform the duties of the .Ante, p. 2605. trustee specified in section 704(7) of this title.

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