Beginning
March 15, 2005
SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CONTENTS.
Sec. 1. Short title; references; table of contents.
Sec. 301. Technical amendments.
TITLE I–NEEDS-BASED BANKRUPTCY
SEC. 101. CONVERSION.
SEC. 102. DISMISSAL OR CONVERSION.
Sec. 707. Dismissal of a case or conversion to a case under chapter 11 or 13'; SEC. 103. SENSE OF CONGRESS AND STUDY. SEC. 104. NOTICE OF ALTERNATIVES. SEC. 105. DEBTOR FINANCIAL MANAGEMENT TRAINING TEST PROGRAM. SEC. 106. CREDIT COUNSELING.
Sec. 111. Nonprofit budget and credit counseling agencies; financial management instructional courses
SEC. 107. SCHEDULES OF REASONABLE AND NECESSARY EXPENSES.
TITLE II–ENHANCED CONSUMER PROTECTION
Subtitle A–Penalties for Abusive Creditor Practices
SEC. 201. PROMOTION OF ALTERNATIVE DISPUTE RESOLUTION.
SEC. 202. EFFECT OF DISCHARGE.
SEC. 203. DISCOURAGING ABUSE OF REAFFIRMATION AGREEMENT PRACTICES.
SEC. 204. PRESERVATION OF CLAIMS AND DEFENSES UPON SALE OF PREDATORY LOANS.
SEC. 205. GAO STUDY AND REPORT ON REAFFIRMATION AGREEMENT PROCESS.
Subtitle B–Priority Child Support
SEC. 211. DEFINITION OF DOMESTIC SUPPORT OBLIGATION.
SEC. 212. PRIORITIES FOR CLAIMS FOR DOMESTIC SUPPORT OBLIGATIONS.
SEC. 213. REQUIREMENTS TO OBTAIN CONFIRMATION AND DISCHARGE IN CASES INVOLVING DOMESTIC SUPPORT OBLIGATIONS.
SEC. 214. EXCEPTIONS TO AUTOMATIC STAY IN DOMESTIC SUPPORT OBLIGATION PROCEEDINGS.
SEC. 215. NONDISCHARGEABILITY OF CERTAIN DEBTS FOR ALIMONY, MAINTENANCE, AND SUPPORT.
SEC. 216. CONTINUED LIABILITY OF PROPERTY.
SEC. 217. PROTECTION OF DOMESTIC SUPPORT CLAIMS AGAINST PREFERENTIAL TRANSFER MOTIONS.
SEC. 218. DISPOSABLE INCOME DEFINED.
SEC. 219. COLLECTION OF CHILD SUPPORT.
SEC. 220. NONDISCHARGEABILITY OF CERTAIN EDUCATIONAL BENEFITS AND LOANS.
Subtitle C–Other Consumer Protections
SEC. 221. AMENDMENTS TO DISCOURAGE ABUSIVE BANKRUPTCY FILINGS.
SEC. 222. SENSE OF CONGRESS.
SEC. 223. ADDITIONAL AMENDMENTS TO TITLE 11, UNITED STATES CODE.
SEC. 224. PROTECTION OF RETIREMENT SAVINGS IN BANKRUPTCY.
SEC. 225. PROTECTION OF EDUCATION SAVINGS IN BANKRUPTCY.
SEC. 226. DEFINITIONS.
SEC. 227. RESTRICTIONS ON DEBT RELIEF AGENCIES.
Sec. 526. Restrictions on debt relief agencies SEC. 228. DISCLOSURES.
Sec. 527. Disclosures
SEC. 229. REQUIREMENTS FOR DEBT RELIEF AGENCIES.
Sec. 528. Requirements for debt relief agencies SEC. 230. GAO STUDY. SEC. 231. PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION. SEC. 232. CONSUMER PRIVACY OMBUDSMAN.
Sec. 332. Consumer privacy ombudsman
SEC. 233. PROHIBITION ON DISCLOSURE OF NAME OF MINOR CHILDREN.
`Sec. 112. Prohibition on disclosure of name of minor children
SEC. 234. PROTECTION OF PERSONAL INFORMATION.
TITLE III–DISCOURAGING BANKRUPTCY ABUSE
SEC. 301. TECHNICAL AMENDMENTS.
SEC. 302. DISCOURAGING BAD FAITH REPEAT FILINGS.
SEC. 303. CURBING ABUSIVE FILINGS.
SEC. 304. DEBTOR RETENTION OF PERSONAL PROPERTY SECURITY.
SEC. 305. RELIEF FROM THE AUTOMATIC STAY WHEN THE DEBTOR DOES NOT COMPLETE INTENDED SURRENDER OF CONSUMER DEBT COLLATERAL.
SEC. 306. GIVING SECURED CREDITORS FAIR TREATMENT IN CHAPTER 13.
SEC. 307. DOMICILIARY REQUIREMENTS FOR EXEMPTIONS.
SEC. 308. REDUCTION OF HOMESTEAD EXEMPTION FOR FRAUD.
SEC. 309. PROTECTING SECURED CREDITORS IN CHAPTER 13 CASES.
SEC. 310. LIMITATION ON LUXURY GOODS.
SEC. 311. AUTOMATIC STAY.
SEC. 312. EXTENSION OF PERIOD BETWEEN BANKRUPTCY DISCHARGES.
SEC. 313. DEFINITION OF HOUSEHOLD GOODS AND ANTIQUES.
SEC. 314. DEBT INCURRED TO PAY NONDISCHARGEABLE DEBTS.
SEC. 315. GIVING CREDITORS FAIR NOTICE IN CHAPTERS 7 AND 13 CASES.
SEC. 316. DISMISSAL FOR FAILURE TO TIMELY FILE SCHEDULES OR PROVIDE REQUIRED INFORMATION.
SEC. 317. ADEQUATE TIME TO PREPARE FOR HEARING ON CONFIRMATION OF THE PLAN.
SEC. 318. CHAPTER 13 PLANS TO HAVE A 5-YEAR DURATION IN CERTAIN CASES.
SEC. 319. SENSE OF CONGRESS REGARDING EXPANSION OF RULE 9011 OF THE FEDERAL RULES OF BANKRUPTCY PROCEDURE.
SEC. 320. PROMPT RELIEF FROM STAY IN INDIVIDUAL CASES.
SEC. 321. CHAPTER 11 CASES FILED BY INDIVIDUALS.
`Sec. 1115. Property of the estate
SEC. 322. LIMITATIONS ON HOMESTEAD EXEMPTION.
SEC. 323. EXCLUDING EMPLOYEE BENEFIT PLAN PARTICIPANT CONTRIBUTIONS AND OTHER PROPERTY FROM THE ESTATE.
SEC. 324. EXCLUSIVE JURISDICTION IN MATTERS INVOLVING BANKRUPTCY PROFESSIONALS.
SEC. 325. UNITED STATES TRUSTEE PROGRAM FILING FEE INCREASE.
SEC. 326. SHARING OF COMPENSATION.
SEC. 327. FAIR VALUATION OF COLLATERAL.
SEC. 328. DEFAULTS BASED ON NONMONETARY OBLIGATIONS.
SEC. 329. CLARIFICATION OF POSTPETITION WAGES AND BENEFITS.
SEC. 330. DELAY OF DISCHARGE DURING PENDENCY OF CERTAIN PROCEEDINGS.
SEC. 331. LIMITATION ON RETENTION BONUSES, SEVERANCE PAY, AND CERTAIN OTHER PAYMENTS.
SEC. 332. FRAUDULENT INVOLUNTARY BANKRUPTCY.
TITLE IV–GENERAL AND SMALL BUSINESS BANKRUPTCY PROVISIONS
Subtitle A–General Business Bankruptcy Provisions
SEC. 401. ADEQUATE PROTECTION FOR INVESTORS.
SEC. 402. MEETINGS OF CREDITORS AND EQUITY SECURITY HOLDERS.
SEC. 403. PROTECTION OF REFINANCE OF SECURITY INTEREST.
SEC. 404. EXECUTORY CONTRACTS AND UNEXPIRED LEASES.
SEC. 405. CREDITORS AND EQUITY SECURITY HOLDERS COMMITTEES.
SEC. 406. AMENDMENT TO SECTION 546 OF TITLE 11, UNITED STATES CODE.
SEC. 407. AMENDMENTS TO SECTION 330(a) OF TITLE 11, UNITED STATES CODE.
SEC. 408. POSTPETITION DISCLOSURE AND SOLICITATION.
SEC. 409. PREFERENCES.
SEC. 410. VENUE OF CERTAIN PROCEEDINGS.
SEC. 411. PERIOD FOR FILING PLAN UNDER CHAPTER 11.
SEC. 412. FEES ARISING FROM CERTAIN OWNERSHIP INTERESTS.
SEC. 413. CREDITOR REPRESENTATION AT FIRST MEETING OF CREDITORS.
SEC. 414. DEFINITION OF DISINTERESTED PERSON.
SEC. 415. FACTORS FOR COMPENSATION OF PROFESSIONAL PERSONS.
SEC. 416. APPOINTMENT OF ELECTED TRUSTEE.
SEC. 417. UTILITY SERVICE.
SEC. 418. BANKRUPTCY FEES.
SEC. 419. MORE COMPLETE INFORMATION REGARDING ASSETS OF THE ESTATE.
Subtitle B–Small Business Bankruptcy Provisions
SEC. 431. FLEXIBLE RULES FOR DISCLOSURE STATEMENT AND PLAN.
SEC. 432. DEFINITIONS.
SEC. 433. STANDARD FORM DISCLOSURE STATEMENT AND PLAN.
SEC. 434. UNIFORM NATIONAL REPORTING REQUIREMENTS.
Sec. 308. Debtor reporting requirements SEC. 435. UNIFORM REPORTING RULES AND FORMS FOR SMALL BUSINESS CASES. SEC. 436. DUTIES IN SMALL BUSINESS CASES.
Sec. 1116. Duties of trustee or debtor in possession in small business cases
SEC. 437. PLAN FILING AND CONFIRMATION DEADLINES.
SEC. 438. PLAN CONFIRMATION DEADLINE.
SEC. 439. DUTIES OF THE UNITED STATES TRUSTEE.
SEC. 440. SCHEDULING CONFERENCES.
SEC. 441. SERIAL FILER PROVISIONS.
SEC. 442. EXPANDED GROUNDS FOR DISMISSAL OR CONVERSION AND APPOINTMENT OF TRUSTEE.
SEC. 443. STUDY OF OPERATION OF TITLE 11, UNITED STATES CODE, WITH RESPECT TO SMALL BUSINESSES.
SEC. 444. PAYMENT OF INTEREST.
SEC. 445. PRIORITY FOR ADMINISTRATIVE EXPENSES.
SEC. 446. DUTIES WITH RESPECT TO A DEBTOR WHO IS A PLAN ADMINISTRATOR OF AN EMPLOYEE BENEFIT PLAN.
SEC. 447. APPOINTMENT OF COMMITTEE OF RETIRED EMPLOYEES.
TITLE V–MUNICIPAL BANKRUPTCY PROVISIONS
SEC. 501. PETITION AND PROCEEDINGS RELATED TO PETITION.
SEC. 502. APPLICABILITY OF OTHER SECTIONS TO CHAPTER 9.
TITLE VI–BANKRUPTCY DATA
SEC. 601. IMPROVED BANKRUPTCY STATISTICS.
Sec. 159. Bankruptcy statistics SEC. 602. UNIFORM RULES FOR THE COLLECTION OF BANKRUPTCY DATA.
Sec. 589b. Bankruptcy data
SEC. 603. AUDIT PROCEDURES.
SEC. 604. SENSE OF CONGRESS REGARDING AVAILABILITY OF BANKRUPTCY DATA.
TITLE VII–BANKRUPTCY TAX PROVISIONS
SEC. 701. TREATMENT OF CERTAIN LIENS.
SEC. 702. TREATMENT OF FUEL TAX CLAIMS.
SEC. 703. NOTICE OF REQUEST FOR A DETERMINATION OF TAXES.
SEC. 704. RATE OF INTEREST ON TAX CLAIMS.
Sec. 511. Rate of interest on tax claims SEC. 705. PRIORITY OF TAX CLAIMS. SEC. 706. PRIORITY PROPERTY TAXES INCURRED. SEC. 707. NO DISCHARGE OF FRAUDULENT TAXES IN CHAPTER 13. SEC. 708. NO DISCHARGE OF FRAUDULENT TAXES IN CHAPTER 11. SEC. 709. STAY OF TAX PROCEEDINGS LIMITED TO PREPETITION TAXES. SEC. 710. PERIODIC PAYMENT OF TAXES IN CHAPTER 11 CASES. SEC. 711. AVOIDANCE OF STATUTORY TAX LIENS PROHIBITED. SEC. 712. PAYMENT OF TAXES IN THE CONDUCT OF BUSINESS. SEC. 713. TARDILY FILED PRIORITY TAX CLAIMS. SEC. 714. INCOME TAX RETURNS PREPARED BY TAX AUTHORITIES. SEC. 715. DISCHARGE OF THE ESTATE'S LIABILITY FOR UNPAID TAXES. SEC. 716. REQUIREMENT TO FILE TAX RETURNS TO CONFIRM CHAPTER 13 PLANS.
Sec. 1308. Filing of prepetition tax returns
SEC. 717. STANDARDS FOR TAX DISCLOSURE.
SEC. 718. SETOFF OF TAX REFUNDS.
SEC. 719. SPECIAL PROVISIONS RELATED TO THE TREATMENT OF STATE AND LOCAL TAXES.
`Sec. 346. Special provisions related to the treatment of State and local taxes
SEC. 720. DISMISSAL FOR FAILURE TO TIMELY FILE TAX RETURNS.
TITLE VIII–ANCILLARY AND OTHER CROSS-BORDER CASES
SEC. 801. AMENDMENT TO ADD CHAPTER 15 TO TITLE 11, UNITED STATES CODE.
`CHAPTER 15–ANCILLARY AND OTHER CROSS-BORDER CASES
Sec. 1501. Purpose and scope of application
SUBCHAPTER I–GENERAL PROVISIONS
Sec. 1502. Definitions
Sec. 1503. International obligations of the United States
Sec. 1504. Commencement of ancillary case
Sec. 1505. Authorization to act in a foreign country
Sec. 1506. Public policy exception
Sec. 1507. Additional assistance
Sec. 1508. Interpretation
SUBCHAPTER II–ACCESS OF FOREIGN REPRESENTATIVES AND CREDITORS TO THE COURT
Sec. 1509. Right of direct access
Sec. 1510. Limited jurisdiction
Sec. 1511. Commencement of case under section 301 or 303
Sec. 1512. Participation of a foreign representative in a case under this title
Sec. 1513. Access of foreign creditors to a case under this title
Sec. 1514. Notification to foreign creditors concerning a case under this title
`SUBCHAPTER III–RECOGNITION OF A FOREIGN PROCEEDING AND RELIEF
Sec. 1515. Application for recognition
Sec. 1516. Presumptions concerning recognition
Sec. 1517. Order granting recognition
Sec. 1518. Subsequent information
Sec. 1519. Relief that may be granted upon filing petition for recognition
Sec. 1520. Effects of recognition of a foreign main proceeding
Sec. 1521. Relief that may be granted upon recognition
Sec. 1522. Protection of creditors and other interested persons
Sec. 1523. Actions to avoid acts detrimental to creditors
Sec. 1524. Intervention by a foreign representative
`SUBCHAPTER IV–COOPERATION WITH FOREIGN COURTS AND FOREIGN REPRESENTATIVES
Sec. 1525. Cooperation and direct communication between the court and foreign courts or foreign representatives
Sec. 1526. Cooperation and direct communication between the trustee and foreign courts or foreign representatives
Sec. 1527. Forms of cooperation
SUBCHAPTER V–CONCURRENT PROCEEDINGS
Sec. 1528. Commencement of a case under this title after recognition of a foreign main proceeding
Sec. 1529. Coordination of a case under this title and a foreign proceeding
Sec. 1530. Coordination of more than 1 foreign proceeding
Sec. 1531. Presumption of insolvency based on recognition of a foreign main proceeding
Sec. 1532. Rule of payment in concurrent proceedings SEC. 802. OTHER AMENDMENTS TO TITLES 11 AND 28, UNITED STATES CODE.
Sec. 1410. Venue of cases ancillary to foreign proceedings
TITLE IX–FINANCIAL CONTRACT PROVISIONS
SEC. 901. TREATMENT OF CERTAIN AGREEMENTS BY CONSERVATORS OR RECEIVERS OF INSURED DEPOSITORY INSTITUTIONS.
SEC. 902. AUTHORITY OF THE FDIC AND NCUAB WITH RESPECT TO FAILED AND FAILING INSTITUTIONS.
SEC. 903. AMENDMENTS RELATING TO TRANSFERS OF QUALIFIED FINANCIAL CONTRACTS.
SEC. 904. AMENDMENTS RELATING TO DISAFFIRMANCE OR REPUDIATION OF QUALIFIED FINANCIAL CONTRACTS.
SEC. 905. CLARIFYING AMENDMENT RELATING TO MASTER AGREEMENTS.
SEC. 906. FEDERAL DEPOSIT INSURANCE CORPORATION IMPROVEMENT ACT OF 1991.
SEC. 907. BANKRUPTCY LAW AMENDMENTS.
Sec. 555. Contractual right to liquidate, terminate, or accelerate a securities contract';
Sec. 556. Contractual right to liquidate, terminate, or accelerate a commodities contract or forward contract’;
Sec. 559. Contractual right to liquidate, terminate, or accelerate a repurchase agreement';
Sec. 560. Contractual right to liquidate, terminate, or accelerate a swap agreement’;
SEC. 908. RECORDKEEPING REQUIREMENTS.
SEC. 909. EXEMPTIONS FROM CONTEMPORANEOUS EXECUTION REQUIREMENT.
SEC. 910. DAMAGE MEASURE.
SEC. 911. SIPC STAY.
TITLE X–PROTECTION OF FAMILY FARMERS AND FAMILY FISHERMEN
SEC. 1001. PERMANENT REENACTMENT OF CHAPTER 12.
SEC. 1002. DEBT LIMIT INCREASE.
SEC. 1003. CERTAIN CLAIMS OWED TO GOVERNMENTAL UNITS.
SEC. 1004. DEFINITION OF FAMILY FARMER.
SEC. 1006. PROHIBITION OF RETROACTIVE ASSESSMENT OF DISPOSABLE INCOME.
SEC. 1007. FAMILY FISHERMEN.
TITLE XI–HEALTH CARE AND EMPLOYEE BENEFITS
SEC. 1101. DEFINITIONS.
SEC. 1102. DISPOSAL OF PATIENT RECORDS.
Sec. 351. Disposal of patient records SEC. 1103. ADMINISTRATIVE EXPENSE CLAIM FOR COSTS OF CLOSING A HEALTH CARE BUSINESS AND OTHER ADMINISTRATIVE EXPENSES. SEC. 1104. APPOINTMENT OF OMBUDSMAN TO ACT AS PATIENT ADVOCATE.
Sec. 333. Appointment of patient care ombudsman
SEC. 1105. DEBTOR IN POSSESSION; DUTY OF TRUSTEE TO TRANSFER PATIENTS.
SEC. 1106. EXCLUSION FROM PROGRAM PARTICIPATION NOT SUBJECT TO AUTOMATIC STAY.
TITLE XII–TECHNICAL AMENDMENTS
SEC. 1201. DEFINITIONS.
SEC. 1202. ADJUSTMENT OF DOLLAR AMOUNTS.
SEC. 1203. EXTENSION OF TIME.
SEC. 1204. TECHNICAL AMENDMENTS.
SEC. 1205. PENALTY FOR PERSONS WHO NEGLIGENTLY OR FRAUDULENTLY PREPARE BANKRUPTCY PETITIONS.
SEC. 1206. LIMITATION ON COMPENSATION OF PROFESSIONAL PERSONS.
SEC. 1207. EFFECT OF CONVERSION.
SEC. 1208. ALLOWANCE OF ADMINISTRATIVE EXPENSES.
SEC. 1209. EXCEPTIONS TO DISCHARGE.
SEC. 1210. EFFECT OF DISCHARGE.
SEC. 1211. PROTECTION AGAINST DISCRIMINATORY TREATMENT.
SEC. 1212. PROPERTY OF THE ESTATE.
SEC. 1213. PREFERENCES.
SEC. 1214. POSTPETITION TRANSACTIONS.
SEC. 1215. DISPOSITION OF PROPERTY OF THE ESTATE.
SEC. 1216. GENERAL PROVISIONS.
SEC. 1217. ABANDONMENT OF RAILROAD LINE.
SEC. 1218. CONTENTS OF PLAN.
SEC. 1219. BANKRUPTCY CASES AND PROCEEDINGS.
SEC. 1220. KNOWING DISREGARD OF BANKRUPTCY LAW OR RULE.
SEC. 1221. TRANSFERS MADE BY NONPROFIT CHARITABLE CORPORATIONS.
SEC. 1222. PROTECTION OF VALID PURCHASE MONEY SECURITY INTERESTS.
SEC. 1223. BANKRUPTCY JUDGESHIPS.
SEC. 1224. COMPENSATING TRUSTEES.
SEC. 1225. AMENDMENT TO SECTION 362 OF TITLE 11, UNITED STATES CODE.
SEC. 1226. JUDICIAL EDUCATION.
SEC. 1227. RECLAMATION.
SEC. 1228. PROVIDING REQUESTED TAX DOCUMENTS TO THE COURT.
SEC. 1229. ENCOURAGING CREDITWORTHINESS.
SEC. 1230. PROPERTY NO LONGER SUBJECT TO REDEMPTION.
SEC. 1231. TRUSTEES.
SEC. 1232. BANKRUPTCY FORMS.
SEC. 1233. DIRECT APPEALS OF BANKRUPTCY MATTERS TO COURTS OF APPEALS.
SEC. 1234. INVOLUNTARY CASES.
SEC. 1235. FEDERAL ELECTION LAW FINES AND PENALTIES AS NONDISCHARGEABLE DEBT.
TITLE XIII–CONSUMER CREDIT DISCLOSURE
SEC. 1301. ENHANCED DISCLOSURES UNDER AN OPEN END CREDIT PLAN.
SEC. 1302. ENHANCED DISCLOSURE FOR CREDIT EXTENSIONS SECURED BY A DWELLING.
SEC. 1303. DISCLOSURES RELATED TO `INTRODUCTORY RATES’.
SEC. 1304. INTERNET-BASED CREDIT CARD SOLICITATIONS.
SEC. 1305. DISCLOSURES RELATED TO LATE PAYMENT DEADLINES AND PENALTIES.
SEC. 1306. PROHIBITION ON CERTAIN ACTIONS FOR FAILURE TO INCUR FINANCE CHARGES.
SEC. 1307. DUAL USE DEBIT CARD.
SEC. 1308. STUDY OF BANKRUPTCY IMPACT OF CREDIT EXTENDED TO DEPENDENT STUDENTS.
SEC. 1309. CLARIFICATION OF CLEAR AND CONSPICUOUS.
TITLE XIV–PREVENTING CORPORATE BANKRUPTCY ABUSE
SEC. 1401. EMPLOYEE WAGE AND BENEFIT PRIORITIES.
SEC. 1402. FRAUDULENT TRANSFERS AND OBLIGATIONS.
SEC. 1403. PAYMENT OF INSURANCE BENEFITS TO RETIRED EMPLOYEES.
SEC. 1404. DEBTS NONDISCHARGEABLE IF INCURRED IN VIOLATION OF SECURITIES FRAUD LAWS.
SEC. 1405. APPOINTMENT OF TRUSTEE IN CASES OF SUSPECTED FRAUD.
SEC. 1406. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
TITLE XV–GENERAL EFFECTIVE DATE; APPLICATION OF AMENDMENTS
SEC. 1501. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
SEC. 1502. TECHNICAL CORRECTIONS.