11 U.S.C. § 557 : US Code - Section 557: Expedited determination of interests in, and abandonment or other disposition of grain assets

Search 11 U.S.C. § 557 : US Code - Section 557: Expedited determination of interests in, and abandonment or other disposition of grain assets

(a) This section applies only in a case concerning a debtor that
owns or operates a grain storage facility and only with respect to
grain and the proceeds of grain. This section does not affect the
application of any other section of this title to property other
than grain and proceeds of grain.
(b) In this section -
(1) "grain" means wheat, corn, flaxseed, grain sorghum, barley,
oats, rye, soybeans, other dry edible beans, or rice;
(2) "grain storage facility" means a site or physical structure
regularly used to store grain for producers, or to store grain
acquired from producers for resale; and
(3) "producer" means an entity which engages in the growing of
grain.
(c)(1) Notwithstanding sections 362, 363, 365, and 554 of this
title, on the court's own motion the court may, and on the request
of the trustee or an entity that claims an interest in grain or the
proceeds of grain the court shall, expedite the procedures for the
determination of interests in and the disposition of grain and the
proceeds of grain, by shortening to the greatest extent feasible
such time periods as are otherwise applicable for such procedures
and by establishing, by order, a timetable having a duration of not
to exceed 120 days for the completion of the applicable procedure
specified in subsection (d) of this section. Such time periods and
such timetable may be modified by the court, for cause, in
accordance with subsection (f) of this section.
(2) The court shall determine the extent to which such time
periods shall be shortened, based upon -
(A) any need of an entity claiming an interest in such grain or
the proceeds of grain for a prompt determination of such
interest;
(B) any need of such entity for a prompt disposition of such
grain;
(C) the market for such grain;
(D) the conditions under which such grain is stored;
(E) the costs of continued storage or disposition of such
grain;
(F) the orderly administration of the estate;
(G) the appropriate opportunity for an entity to assert an
interest in such grain; and
(H) such other considerations as are relevant to the need to
expedite such procedures in the case.
(d) The procedures that may be expedited under subsection (c) of
this section include -
(1) the filing of and response to -
(A) a claim of ownership;
(B) a proof of claim;
(C) a request for abandonment;
(D) a request for relief from the stay of action against
property under section 362(a) of this title;
(E) a request for determination of secured status;
(F) a request for determination of whether such grain or the
proceeds of grain -
(i) is property of the estate;
(ii) must be turned over to the estate; or
(iii) may be used, sold, or leased; and
(G) any other request for determination of an interest in
such grain or the proceeds of grain;
(2) the disposition of such grain or the proceeds of grain,
before or after determination of interests in such grain or the
proceeds of grain, by way of -
(A) sale of such grain;
(B) abandonment;
(C) distribution; or
(D) such other method as is equitable in the case;
(3) subject to sections 701, 702, 703, 1104, 1202, and 1302 of
this title, the appointment of a trustee or examiner and the
retention and compensation of any professional person required to
assist with respect to matters relevant to the determination of
interests in or disposition of such grain or the proceeds of
grain; and
(4) the determination of any dispute concerning a matter
specified in paragraph (1), (2), or (3) of this subsection.
(e)(1) Any governmental unit that has regulatory jurisdiction
over the operation or liquidation of the debtor or the debtor's
business shall be given notice of any request made or order entered
under subsection (c) of this section.
(2) Any such governmental unit may raise, and may appear and be
heard on, any issue relating to grain or the proceeds of grain in a
case in which a request is made, or an order is entered, under
subsection (c) of this section.
(3) The trustee shall consult with such governmental unit before
taking any action relating to the disposition of grain in the
possession, custody, or control of the debtor or the estate.
(f) The court may extend the period for final disposition of
grain or the proceeds of grain under this section beyond 120 days
if the court finds that -
(1) the interests of justice so require in light of the
complexity of the case; and
(2) the interests of those claimants entitled to distribution
of grain or the proceeds of grain will not be materially injured
by such additional delay.
(g) Unless an order establishing an expedited procedure under
subsection (c) of this section, or determining any interest in or
approving any disposition of grain or the proceeds of grain, is
stayed pending appeal -
(1) the reversal or modification of such order on appeal does
not affect the validity of any procedure, determination, or
disposition that occurs before such reversal or modification,
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.