Issue link: https://mbozikis.ufcontent.com/i/1422521
242 relief. Pursuant to Section 930(a), the court may dismiss the petition for cause such as: (i) lack of prosecution; (ii) unreasonable delay by the debtor which is prejudicial; (iii) failure to timely propose or confirm a plan; (iv) material default by the debtor under a confirmed plan; or (v) termination of the confirmed plan due to the occurrence of a condition specified in the plan. Furthermore, the bankruptcy court shall dismiss a Chapter 9 case if confirmation of a Chapter 9 plan is refused. 11 U.S.C. ยง 930(b). 145 The role of the U.S. Trustee is likewise limited in a Chapter 9 proceeding. Although the U.S. Trustee can appoint a creditors' committee, it does not examine the debtor at a meeting of creditors, nor does it have the power to move for appointment of a trustee, to convert a case, to monitor the debtor's financial operations or to review professional fees. F. Powers of the Debtor The Chapter 9 debtor has broad powers to use its property and make expenditures as it sees fit. See In re Addison Cmty. Hosp. Auth., 175 B.R. 646, 649 (Bankr. E.D. Mich. 1994). It has the same avoiding powers as other debtors and the same ability to reject or adjust burdensome contracts. The municipal debtor has the ability to borrow money during the case as an administrative expense. See In re Sanitary & Improv. Dist. No. 7, 96 B.R. 966, 967 (Bankr. D. Neb. 1989). 145 There is an apparent inconsistency between Sections 930(a) and 930(b) as to whether dismissal of a case due to failure to confirm a Chapter 9 plan is permissive or mandatory.

