Page:United States Statutes at Large Volume 108 Part 5.djvu/619

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PUBLIC LAW 103-394—OCT. 22, 1994 108 STAT. 4109 issue an order at any such conference prescribing such limitations and conditions as the court deems appropriate to ensure that the case is handled expeditiously and economically, including an order that— "(A) sets the date by which the trustee must assume or reject an executory contract or unexpired lease; or "(B) in a case under chapter 11 of this title— "(i) sets a date by which the debtor, or trustee if one has been appointed, shall file a disclosure statement and plan; "(ii) sets a date by which the debtor, or trustee if one has been appointed, shall solicit acceptances of a plan; "(iii) sets the date by which a party in interest other than a debtor may file a plan; "(iv) sets a date by which a proponent of a plan, other than the debtor, shall solicit acceptances of such plan; "(v) fixes the scope and format of the notice to be provided regarding the hearing on approval of the disclosure statement; or "(vi) provides that the hearing on approval of the disclosure statement may be combined with the hearing on confirmation of the plan.". (b) ABSTENTION.— Section 1334 of title 28, United States Code, is amended— (1) by redesignating subsection (d) as subsection (e), and (2) in the second sentence of subsection (c)(2)— (A) by inserting "(other than a decision not to abstain in a proceeding described in subsection (c)(2))" after "subsection", and (B) by striking "Any" and inserting the following: "(d) Any". (c) ESTABLISHMENT, OPERATION, AND TERMINATION OF BANK- RUPTCY APPELLATE PANEL SERVICE.—Section 158(b) of title 28, United States Code, is amended— (1) by striking paragraphs (3) and (4), (2) by redesignating paragraph (2) as paragraph (4), (3) by striking paragraph (1) and inserting the following: "(1) The judicial council of a circuit shall establish a bankruptcy appellate panel service composed of bankruptcy judges of the districts in the circuit who are appointed by the judicial council in accordance with paragraph (3), to hear and determine, with the consent of all the parties, appeals under subsection (a) unless the judicial council finds that— "(A) there are insufficient judicial resources available in the circuit; or "(B) establishment of such service would result in undue delay or increased cost to parties in cases under title 11. Not later than 90 days after making the finding, the judicial council Reports, shall submit to the Judicial Conference of the United States a report containing the factual basis of such finding. "(2)(A) A judicial council may reconsider, at any time, the finding described in paragraph (1). "(B) On the request of a majority of the district judges in a circuit for which a bankruptcy appellate panel service is established under paragraph (1), made after the expiration of the