I 
111TH CONGRESS 
1ST SESSION H. R. 1942 
To amend title 11, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 2, 2009 
Mr. NADLER of New York (for himself and Mr. COHEN) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To amend title 11, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as ‘‘Business Reorganization 
and Job Preservation Act of 2009’’. 
SEC. 2. AMENDMENTS TO TITLE 11 OF THE UNITED STATES 
CODE. 
Title 11 of the United States Code is amended— 
(1) by amending section 365(d)(4) to read as 
follows: 
‘‘(4) Notwithstanding paragraphs (1) and (2), in a 
case under any chapter of this title, if the trustee does 
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not assume or reject an unexpired lease of nonresidential 
real property under which the debtor is the lessee within 
60 days after the date of the order for relief, or within 
such additional time as the court, for cause, within such 
60-day period, fixes, then such lease is deemed rejected, 
and the trustee shall immediately surrender such nonresi-
dential real property to the lessor.’’, 
(2) in section 366— 
(A) in subsection (a) by striking ‘‘sub-
sections (b) and (c)’’ and inserting ‘‘subsection 
(b)’’, and 
(B) by striking subsection (c), 
(3) in section 503(b)— 
(A) in paragraph (7) by adding ‘‘and’’ at 
the end, 
(B) in paragraph (8) by striking ‘‘; and’’ 
and inserting a period, and 
(C) by striking paragraph (9). 
(4) by amending section 546(c) to read as fol-
lows: 
‘‘(c) Except as provided in subsection (d) of this sec-
tion, the rights and powers of a trustee under sections 
544(a), 545, 547, and 549 of this title are subject to any 
statutory or common-law right of a seller of goods that 
has sold goods to the debtor, in the ordinary course of 
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such seller’s business, to reclaim such goods if the debtor 
has received such goods while insolvent, but— 
‘‘(1) such a seller may not reclaim any such 
goods unless such seller demands in writing reclama-
tion of such goods— 
‘‘(A) before 10 days after receipt of such 
goods by the debtor; or 
‘‘(B) if such 10-day period expires after 
the commencement of the case, before 20 days 
after receipt of such goods by the debtor; and 
‘‘(2) the court may deny reclamation to a seller 
with such a right of reclamation that has made such 
a demand only if the court— 
‘‘(A) grants the claim of such a seller pri-
ority as a claim of a kind specified in section 
503(b) of this title; or 
‘‘(B) secures such claim by a lien.’’. 
SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. 
(a) EFFECTIVE DATE.—Except as provided in sub-
section (b), this Act and the amendments made by this 
Act shall take effect on the date of the enactment of this 
Act. 
(b) APPLICATION OF AMENDMENTS.—The amend-
ments made by this Act shall apply only with respect to 
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cases commenced under title 11 of the United States Code 
on or after the date of the enactment of this Act. 
Æ 
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