Federal · Title 11 — Bankruptcy

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

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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. “grain” means wheat, corn, flaxseed, grain sorghum, barley, oats, rye, soybeans, other dry edible beans, or rice; “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 “producer” means an entity which engages in the growing of grain. 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. any need of an entity claiming an interest in such grain or the proceeds of grain for a prompt determination of such interest; any need of such entity for a prompt disposition of such grain; the market for such grain; the conditions under which such grain is stored; the costs of continued storage or disposition of such grain; the orderly administration of the estate; the appropriate opportunity for an entity to assert an interest in such grain; and such other considerations as are relevant to the need to expedite such procedures in the case. a claim of ownership; a proof of claim; a request for abandonment; a request for relief from the stay of action against property under section 362(a) of this title ; a request for determination of secured status; is property of the estate; must be turned over to the estate; or may be used, sold, or leased; and any other request for determination of an interest in such grain or the proceeds of grain; sale of such grain; abandonment; distribution; or such other method as is equitable in the case; subject to sections 701, 702, 703, 1104, 1183, 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 the determination of any dispute concerning a matter specified in paragraph (1), (2), or (3) of this subsection. 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. 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. 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. the interests of justice so require in light of the complexity of the case; and the interests of those claimants entitled to distribution of grain or the proceeds of grain will not be materially injured by such additional delay. 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 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. 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. 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. 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.

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