Page:United States Statutes at Large Volume 98 Part 1.djvu/409

 PUBLIC LAW 98-353—JULY 10, 1984

98 STAT. 361

whether or not any entity knew of the pendency of the appeal; and "(2) neither the court nor the trustee may delay, due to the appeal of such order, any proceeding in the case in which such order is issued. "(h)(1) The trustee may recover from grain and the proceeds of grain the reasonable and necessary costs and expenses allowable under section 503(b) of this title attributable to preserving or disposing of grain or the proceeds of grain, but may not recover from such grain or the proceeds of grain any other costs or expenses. "(2) Notwithstanding section 326(a) of this title, the dollar amounts of money specified in such section include the value, as of the date of disposition, of any grain that the trustee distributes in kind. "(i) In all cases where the quantity of a specific type of grain held by a debtor operating a grain storage facility exceeds ten thousand bushels, such grain shall be sold by the trustee and the assets thereof distributed in accordance with the provisions of this section.". (b) The table of sections of chapter 5 of title 11, United States Code, is amended by adding at the end thereof the following new item: '557 Expedited determination of interests in and disposition of grain.".

SEC. 353. Section 901(a) of title 11, United States Code, is amended by inserting "557," after "553,". SEC. 354. Rule 3001 of the Bankruptcy Rules is amended by adding at the end thereof the following new subdivision. "(g) To the extent not inconsistent with the United States Warehouse Act or applicable State law, a warehouse receipt, scale ticket, or similar document of the type routinely issued as evidence of title by a grain storage facility, as defined in section 557 of title 11, shall constitute prima facie evidence of the validity and amount of a claim of ownership of a quantity of grain". Subtitle C—Leasehold Management Amendments SEC. 361. This subtitle may be cited as the "Leasehold Management Bankruptcy Amendments Act of 1983". SEC. 362. (a) Section 365 of title 11, United States Code, is amended by amending subsections (a), (b), (c), and (d) to read as follows: "(a) Except as provided in sections 765 and 766 of this title and in subsections (b), (c), and (d) of this section, the trustee, subject to the court's approval, may assume or reject any executory contract or unexpired lease of the debtor. "(b)(1) If there has been a default in an executory contract or unexpired lease of the debtor, the trustee may not assume such contract or lease unless, at the time of assumption of such contract or lease, the trustee— "(A) cures, or provides adequate assurance that the trustee will promptly cure, such default; "(B) compensates, or provides adequate assurance that the trustee will promptly compensate, a party other than the debtor to such contract or lease, for any actual pecuniary loss to such party resulting from such default; and "(C) provides adequate assurance of future performance under such contract or lease.

11 USC app. 7 USC 241. Ante, p. 359.

Leasehold Management Bankruptcy Amendments Act of 1983. 11 USC 365 note.

�