To amend title 11 of the United States Code to provide relief with respect to disaster-related debts incurred by victims of Hurricane Katrina and other natural disasters.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hurricane Katrina Bankruptcy Relief 
and Community Protection Act of 2005''.

SEC. 2. DEFINITIONS; WHO MAY BE A DEBTOR.

    (a) Current Monthly Income.--Section 101(10A)(B) is amended--
            (1) by striking ``and payments'' and inserting 
        ``payments'', and
            (2) by inserting before the period at the end ``, and 
        payments to victims of a natural disaster on account of their 
        status as victims of a natural disaster''.
    (b) Natural Disaster; Natural Disaster Zone.--Section 101 of title 
11, United States Code, is amended--
            (1) by redesignating paragraphs (40A) and (40B) as 
        paragraphs (40C) and (40D), respectively, and
            (2) by inserting after paragraph (40) the following:
            ``(40A) The term `natural disaster' means--
                    ``(A) a major disaster, as defined in section 102 
                of the Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act; or
                    ``(B) a situation similar to such a major disaster 
                (as so defined), with respect to which a determination 
                is made in accordance with State law that such 
                situation exists.
            ``(40B) The term `natural disaster zone' means the 
        geographical area included in the determination of a natural 
        disaster.''.
    (c) Victim of Natural Disaster.--Section 101 of title 11, United 
States Code, is amended by adding at the end the following:
            ``(56) The term `victim of a natural disaster' means a 
        person--
                    ``(A) whose financial condition is materially 
                adversely affected by a natural disaster; and
                    ``(B) whose domicile, residence, or principal place 
                of business in the United States, or whose principal 
                assets in the United States, are located in a natural 
                disaster zone immediately preceding the event that 
                caused the natural disaster exists.''.
    (d) Who May Be a Debtor.--Section 109(h)(4) of title 11, United 
States Code, is amended by inserting ``natural disaster,'' after 
``disability,''.

SEC. 3. AMENDMENT TO CHAPTER 3.

    Section 362(b)(22) of title 11, United States Code, is amended by 
inserting ``(excluding a debtor who is victim of a natural disaster)'' 
after ``debtor'' the 1st place it appears.

SEC. 4. AMENDMENTS TO CHAPTER 5.

    Section 521 of title 11, United States Code, is amended by adding 
at the end the following:
    ``(k) The Court may extend any time period specified in this 
section as may be necessary if--
            ``(1) the debtor is a victim of a natural disaster; and
            ``(2) the debtor's status as a victim of a natural disaster 
        necessitates such extension of time.''.

SEC. 5. AMENDMENTS TO CHAPTER 7.

    (a) Debtor's Monthly Expenses.--Section 707(b)(2)(A)(ii) of title 
11, United States Code, is amended by adding at the end the following:
    ``(IV) In addition, the debtor's monthly expenses may include the 
actual reasonably necessary expenses incurred as a result of being a 
victim of a natural disaster.''.
    (b) Limitation on Conversion of Case.--Section 707(b)(2) of title 
11, United States Code, is amended by adding at the end the following:
    ``(E) Subparagraphs (A), (B), and (C) shall not apply, and the 
court may not dismiss or convert a case under section 707(b), if the 
debtor is a victim of a natural disaster.''.

SEC. 6. AMENDMENTS TO CHAPTER 11.

    (a) Conversion of Case.--Section 1112(b) of title 11, United States 
Code is amended--
            (1) in paragraph (2)(B)(i) by inserting ``, including a 
        natural disaster'' before the semicolon, and
            (2) in paragraph (3) by inserting ``(including a natural 
        disaster)'' after ``circumstances''.
    (b) Who May File a Plan.--Section 1121(e)(3) of title 11, United 
States Code, is amended--
            (1) in subparagraph (A) by inserting ``(i)'' after ``(A)'',
            (2) in subparagraph (C) by striking the period at the end 
        and inserting ``; or'',
            (3) by redesignating subparagraphs (B) and (C) as clauses 
        (ii) and (iii), respectively, and
            (4) by adding at the end the following:
                    ``(B) the debtor is unable to meet the deadline 
                because of a natural disaster.''.
    (c) Extension of Time for Small Businesses.--Chapter 11 of title 
11, United States Code, is amended--
            (1) in the table of sections by adding at the end the 
        following:

``1117. Extension of time for small businesses.'', and
            (2) in subchapter I by adding at the end the following:
``Sec. 1117. Extension of time for small businesses
    ``Notwithstanding any other provision of this title, in a small 
business case the court may extend any deadline specified in this 
chapter if the court finds that such extension is--
            ``(1) necessary to protect the best interests of the 
        creditors and the estate; or
            ``(2) warranted by a natural disaster.''.

SEC. 7. AMENDMENTS TO CHAPTER 13.

    (a) Conversion or Dismissal.--Section 1307(e) of title 11, United 
States Code, is amended by adding at the end the following:
``The Court may extend any time period specified in this subsection as 
may be necessary if--
            ``(1) the debtor is a victim of a natural disaster; and
            ``(2) the debtor's status as a victim of a natural disaster 
        necessitates such extension of time.''.
    (b) Filing of Prepetition Tax Returns.--Section 1308 of title 11, 
United States Code, is amended by adding at the end the following:
    ``(d) The Court may extend any time period specified in this 
subsection as may be necessary if--
            ``(1) the debtor is a victim of a natural disaster; and
            ``(2) the debtor's status as a victim of a natural disaster 
        necessitates such extension of time.''.

SEC. 8. AMENDMENT TO TITLE 28 OF THE UNITED STATES CODE.

    Section 1408 of title 28, United States Code, is amended--
            (1) by inserting ``(a)'' before ``Except'', and
            (2) by adding at the end the following:
    ``(b) If a case under title 11 cannot be commenced in a district 
court described in subsection (a) because a person is the victim of a 
natural disaster (as defined in section 101 of title 11), then a case 
under title 11 may be commenced by such person in the district court 
for the district in which such person resides.''.

SEC. 9. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

    (a) Effective Date.--This Act and the amendments made by this Act 
shall take effect on October 18, 2005.
    (b) Application of Amendments.--The amendments made by this Act 
shall apply only with respect to cases commenced under title 11 of the 
United States Code on and after October 17, 2005.

Summary: Hurricane Katrina Bankruptcy Relief and Community Protection Act of 2005 - Amends federal bankruptcy law governing cases commenced as of October 17, 2005 . Excludes from the accounting of current monthly incomepayments to victims of a natural disaster on account of their status as victims of a natural disaster. Defines victim of a natural disaster as one: (1) whose financial condition is materially adversely affected by a natural disaster. And (2) whose domicile, residence, or principal place of business in the United States is located in a natural disaster zone immediately preceding the event that caused the natural disaster. Permits debtor status for a debtor unable to complete credit counseling because of a natural disaster. Retains automatic stay protections for a debtor who is a victim of a natural disaster. Modifies requirements governing the statutory deadline for completion of debtor's duties. Authorizes the court to extend any such time period if: (1) the debtor is a victim of a natural disaster. And (2) the debtor's status as a victim of a natural disaster necessitates such extension of time. Includes within the permissible monthly expenses of a chapter 7 debtor the actual reasonably necessary expenses incurred as a result of being a victim of a natural disaster. Modifies requirements governing conversion or dismissal of either a Chapter 7 case, a Chapter 11 Reorganization case, or Chapter 13 case if the debtor is a victim of a natural disaster. Authorizes the court to grant an extension of time for filing small business bankruptcy documentation if the debtor is unable to meet the deadline because of a natural disaster.