EXPANDED GROUNDS FOR DISMISSAL OR CONVERSION AND APPOINTMENT OF TRUSTEE.

SEC. 442. EXPANDED GROUNDS FOR DISMISSAL OR CONVERSION AND APPOINTMENT OF TRUSTEE.(a) Expanded Grounds for Dismissal or Conversion.—Section 1112 of title 11, United States Code, is amended by striking subsection (b) and inserting the following:“(b)(1) Except as provided in paragraph (2) of this subsection, subsection (c) of this section, and section 1104(a)(3), on request of a party in interest, and after notice and a hearing, absent unusual circumstances specifically identified by the court that establish that the requested conversion or dismissal is not in the best interests of creditors and the estate, the court shall convert a case under this chapter to a case under chapter 7 or dismiss a case under this chapter, whichever is in the best interests of creditors and the estate, if the movant establishes cause.“(2) The relief provided in paragraph (1) shall not be granted absent unusual circumstances specifically identified by the court that establish that such relief is not in the best interests of creditors and the estate, if the debtor or another party in interest objects and establishes that—“(A) there is a reasonable likelihood that a plan will be confirmed within the timeframes established in sections 1121(e) and 1129(e) of this title, or if such sections do not apply, within a reasonable period of time; and“(B) the grounds for granting such relief include an act or omission of the debtor other than under paragraph (4)(A)—“(i) for which there exists a reasonable justification for the act or omission; and“(ii) that will be cured within a reasonable period of time fixed by the court.“(3) The court shall commence the hearing on a motion under this subsection not later than 30 days after filing of the motion, 119 STAT. 116 and shall decide the motion not later than 15 days after commencement of such hearing, unless the movant expressly consents to a continuance for a specific period of time or compelling circumstances prevent the court from meeting the time limits established by this paragraph.“(4) For purposes of this subsection, the term ‘cause’ includes—“(A) substantial or continuing loss to or diminution of the estate and the absence of a reasonable likelihood of rehabilitation;“(B) gross mismanagement of the estate;“(C) failure to maintain appropriate insurance that poses a risk to the estate or to the public;“(D) unauthorized use of cash collateral substantially harmful to 1 or more creditors;“(E) failure to comply with an order of the court;“(F) unexcused failure to satisfy timely any filing or reporting requirement established by this title or by any rule applicable to a case under this chapter;“(G) failure to attend the meeting of creditors convened under section 341(a) or an examination ordered under rule 2004 of the Federal Rules of Bankruptcy Procedure without good cause shown by the debtor;“(H) failure timely to provide information or attend meetings reasonably requested by the United States trustee (or the bankruptcy administrator, if any);“(I) failure timely to pay taxes owed after the date of the order for relief or to file tax returns due after the date of the order for relief;“(J) failure to file a disclosure statement, or to file or confirm a plan, within the time fixed by this title or by order of the court;“(K) failure to pay any fees or charges required under chapter 123 of title 28;“(L) revocation of an order of confirmation under section 1144;“(M) inability to effectuate substantial consummation of a confirmed plan;“(N) material default by the debtor with respect to a confirmed plan;“(O) termination of a confirmed plan by reason of the occurrence of a condition specified in the plan; and“(P) failure of the debtor to pay any domestic support obligation that first becomes payable after the date of the filing of the petition.”.(b) Additional Grounds for Appointment of Trustee.—Section 1104(a) of title 11, United States Code, is amended—(1) in paragraph (1), by striking “or” at the end;(2) in paragraph (2), by striking the period at the end and inserting “; or”; and(3) by adding at the end the following:“(3) if grounds exist to convert or dismiss the case under section 1112, but the court determines that the appointment of a trustee or an examiner is in the best interests of creditors and the estate.”.119 STAT. 117