H. R. 5116

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

To amend title 11 of the United States Code.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Bankruptcy

Reform Act of 1994’’.

(b) TABLE OF CONTENTS.—The table of contents is as follows:

Sec. 1. Short title.

TITLE I—IMPROVED BANKRUPTCY ADMINISTRATION

Sec. 101. Expedited hearing on automatic stay.

Sec. 102. Jurisdiction to review interlocutory orders increasing or reducing certain

time periods for filing plan.

Sec. 103. Expedited procedure for reaffirmation of debts.

Sec. 104. Powers of bankruptcy courts.

Sec. 105. Participation by bankruptcy administrator at meetings of creditors and

equity security holders.

Sec. 106. Definition relating to eligibility to serve on chapter 11 committees.

Sec. 107. Increased incentive compensation for trustees.

Sec. 108. Dollar adjustments.

Sec. 109. Premerger notification.

Sec. 110. Allowance of creditor committee expenses.

Sec. 111. Supplemental injunctions.

Sec. 112. Authority of bankruptcy judges to conduct jury trials in civil proceedings.

Sec. 113. Sovereign immunity.

Sec. 114. Service of process in bankruptcy proceedings on an insured depository

institution.

Sec. 115. Meetings of creditors and equity security holders.

Sec. 116. Tax assessment.

Sec. 117. Additional trustee compensation.

TITLE II—COMMERCIAL BANKRUPTCY ISSUES

Sec. 201. Aircraft equipment and vessels; rolling stock equipment.

Sec. 202. Limitation on liability of non-insider transferee for avoided transfer.

Sec. 203. Perfection of purchase-money security interest.

Sec. 204. Continued perfection.

Sec. 205. Rejection of unexpired leases of real property or timeshare interests.

Sec. 206. Contents of plan.

Sec. 207. Priority for independent sales representatives.

Sec. 208. Exclusion from the estate of interests in liquid and gaseous hydrocarbons

transferred by the debtor pursuant to production payment agreements.

Sec. 209. Seller’s right to reclaim goods.

Sec. 210. Investment of money of the estate.

Sec. 211. Election of trustee under chapter 11.

Sec. 212. Rights of partnership trustee against general partners.

Sec. 213. Impairment of claims and interests.

Sec. 214. Protection of security interest in post-petition rents and lodging payments.

Sec. 215. Amendment to definition of swap agreement.

Sec. 216. Limitation on avoiding powers.

Sec. 217. Small businesses.
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Sec. 218. Single asset real estate.

Sec. 219. Leases of personal property.

Sec. 220. Exemption for small business investment companies.

Sec. 221. Payment of taxes with borrowed funds.

Sec. 222. Return of goods.

Sec. 223. Proceeds of money order agreements.

Sec. 224. Trustee duties; professional fees.

Sec. 225. Notices to creditors.

TITLE III—CONSUMER BANKRUPTCY ISSUES

Sec. 301. Period for curing default relating to principal residence.

Sec. 302. Nondischargeability of fine under chapter 13.

Sec. 303. Impairment of exemptions.

Sec. 304. Protection of child support and alimony.

Sec. 305. Interest on interest.

Sec. 306. Exception to discharge.

Sec. 307. Payments under chapter 13.

Sec. 308. Bankruptcy petition preparers.

Sec. 309. Fairness to condominium and cooperative owners.

Sec. 310. Nonavoidability of fixing of lien on tools and implements of trade, animals, and crops.

Sec. 311. Conversion of case under chapter 13.

Sec. 312. Bankruptcy fraud.

Sec. 313. Protection against discriminatory treatment of applications for student

loans.

TITLE IV—GOVERNMENTAL BANKRUPTCY ISSUES

Sec. 401. Exception from automatic stay for post-petition property taxes.

Sec. 402. Municipal bankruptcy.

TITLE V—TECHNICAL CORRECTIONS

Sec. 501. Amendments to bankruptcy definitions, necessitated by enactment of

Public Law 101–647.

Sec. 502. Title 28 of the United States Code.

TITLE VI—BANKRUPTCY REVIEW COMMISSION

Sec. 601. Short title.

Sec. 602. Establishment.

Sec. 603. Duties of the Commission.

Sec. 604. Membership.

Sec. 605. Compensation of the Commission.

Sec. 606. Staff of Commission; experts and consultants.

Sec. 607. Powers of the Commission.

Sec. 608. Report.

Sec. 609. Termination.

Sec. 610. Authorization of appropriations.

TITLE VII—SEVERABILITY; EFFECTIVE DATE; APPLICATION OF

AMENDMENTS.

Sec. 701. Severability.

Sec. 702. Effective date; application of amendments.

TITLE I—IMPROVED BANKRUPTCY

ADMINISTRATION

SEC. 101. EXPEDITED HEARING ON AUTOMATIC STAY.

The last sentence of section 362(e) of title 11, United States

Code, is amended—

(1) by striking ‘‘commenced’’ and inserting ‘‘concluded’’, and

(2) by inserting before the period at the end the following:

‘‘, unless the 30-day period is extended with the consent of the

parties in interest or for a specific time which the court finds

is required by compelling circumstances’’.
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SEC. 102. JURISDICTION TO REVIEW INTERLOCUTORY ORDERS

INCREASING OR REDUCING CERTAIN TIME PERIODS FOR

FILING PLAN.

Section 158(a) of title 28, United States Code, is amended

by striking ‘‘from’’ the first place it appears and all that follows

through ‘‘decrees,’’, and inserting the following: ‘‘(1) from final judgments, orders, and decrees;

‘‘(2) from interlocutory orders and decrees issued under section 1121(d) of title 11 increasing or reducing the time

periods referred to in section 1121 of such title; and

‘‘(3) with leave of the court, from other interlocutory orders

and decrees;’’.

SEC. 103. EXPEDITED PROCEDURE FOR REAFFIRMATION OF DEBTS.

(a) REAFFIRMATION.—Section 524(c) of title 11, United States

Code, is amended—

(1) in paragraph (2)—

(A) by inserting ‘‘(A)’’ after ‘‘(2)’’,

(B) by adding ‘‘and’’ at the end, and

(C) by inserting after subparagraph (A), as so designated, the following:

‘‘(B) such agreement contains a clear and conspicuous

statement which advises the debtor that such agreement

is not required under this title, under nonbankruptcy law,

or under any agreement not in accordance with the provisions of this subsection;’’, and

(2) in paragraph (3)—

(A) in the matter preceding subparagraph (A) by striking ‘‘such agreement’’ the last place it appears,

(B) in subparagraph (A)—

(i) by inserting ‘‘such agreement’’ after ‘‘(A)’’, and

(ii) by striking ‘‘and’’ at the end,

(C) in subparagraph (B)—

(i) by inserting ‘‘such agreement’’ after ‘‘(B)’’, and

(ii) by adding ‘‘and’’ at the end, and

(3) by adding at the end the following:

‘‘(C) the attorney fully advised the debtor of the legal

effect and consequences of—

‘‘(i) an agreement of the kind specified in this

subsection; and

‘‘(ii) any default under such an agreement;’’.

(b) EFFECT OF DISCHARGE.—The third sentence of section 524(d)

of title 11, United States Code, is amended in the matter preceding

paragraph (1) by inserting ‘‘and was not represented by an attorney

during the course of negotiating such agreement’’ after ‘‘this

section’’.

SEC. 104. POWERS OF BANKRUPTCY COURTS.

(a) STATUS CONFERENCES.—Section 105 of title 11, United

States Code, is amended by adding at the end the following:

‘‘(d) The court, on its own motion or on the request of a party

in interest, may—

‘‘(1) hold a status conference regarding any case or proceeding under this title after notice to the parties in interest;

and

‘‘(2) unless inconsistent with another provision of this title

or with applicable Federal Rules of Bankruptcy Procedure,
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issue an order at any such conference prescribing such limitations and conditions as the court deems appropriate to ensure

that the case is handled expeditiously and economically, including an order that—

‘‘(A) sets the date by which the trustee must assume

or reject an executory contract or unexpired lease; or

‘‘(B) in a case under chapter 11 of this title—

‘‘(i) sets a date by which the debtor, or trustee

if one has been appointed, shall file a disclosure statement and plan;

‘‘(ii) sets a date by which the debtor, or trustee

if one has been appointed, shall solicit acceptances

of a plan;

‘‘(iii) sets the date by which a party in interest

other than a debtor may file a plan;

‘‘(iv) sets a date by which a proponent of a plan,

other than the debtor, shall solicit acceptances of such

plan;

‘‘(v) fixes the scope and format of the notice to

be provided regarding the hearing on approval of the

disclosure statement; or

‘‘(vi) provides that the hearing on approval of the

disclosure statement may be combined with the hearing on confirmation of the plan.’’.

(b) ABSTENTION.—Section 1334 of title 28, United States Code,

is amended—

(1) by redesignating subsection (d) as subsection (e), and

(2) in the second sentence of subsection (c)(2)—

(A) by inserting ‘‘(other than a decision not to abstain in a proceeding described in subsection (c)(2))’’ after ‘‘subsection’’, and

(B) by striking ‘‘Any’’ and inserting the following: ‘‘(d) Any’’.

(c) ESTABLISHMENT, OPERATION, AND TERMINATION OF BANK- RUPTCY APPELLATE PANEL SERVICE.—Section 158(b) of title 28,

United States Code, is amended—

(1) by striking paragraphs (3) and (4),

(2) by redesignating paragraph (2) as paragraph (4),

(3) by striking paragraph (1) and inserting the following: ‘‘(1) The judicial council of a circuit shall establish a bankruptcy

appellate panel service composed of bankruptcy judges of the districts in the circuit who are appointed by the judicial council in

accordance with paragraph (3), to hear and determine, with the

consent of all the parties, appeals under subsection (a) unless

the judicial council finds that—

‘‘(A) there are insufficient judicial resources available in

the circuit; or

‘‘(B) establishment of such service would result in undue

delay or increased cost to parties in cases under title 11.

Not later than 90 days after making the finding, the judicial council

shall submit to the Judicial Conference of the United States a

report containing the factual basis of such finding.

‘‘(2)(A) A judicial council may reconsider, at any time, the

finding described in paragraph (1).

‘‘(B) On the request of a majority of the district judges in

a circuit for which a bankruptcy appellate panel service is established under paragraph (1), made after the expiration of the
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1-year period beginning on the date such service is established,

the judicial council of the circuit shall determine whether a circumstance specified in subparagraph (A) or (B) of such paragraph

exists.

‘‘(C) On its own motion, after the expiration of the 3-year

period beginning on the date a bankruptcy appellate panel service

is established under paragraph (1), the judicial council of the circuit

may determine whether a circumstance specified in subparagraph

(A) or (B) of such paragraph exists.

‘‘(D) If the judicial council finds that either of such circumstances exists, the judicial council may provide for the completion of the appeals then pending before such service and the orderly

termination of such service.

‘‘(3) Bankruptcy judges appointed under paragraph (1) shall

be appointed and may be reappointed under such paragraph.’’,

and

(4) by inserting after paragraph (4), as so redesignated,

the following:

‘‘(5) An appeal to be heard under this subsection shall be

heard by a panel of 3 members of the bankruptcy appellate panel

service, except that a member of such service may not hear an

appeal originating in the district for which such member is

appointed or designated under section 152 of this title.

‘‘(6) Appeals may not be heard under this subsection by a

panel of the bankruptcy appellate panel service unless the district

judges for the district in which the appeals occur, by majority

vote, have authorized such service to hear and determine appeals

originating in such district.’’.

(d) APPEALS TO BE HEARD BY BANKRUPTCY APPELLATE PANEL

SERVICE.—Section 158 of title 28, United States Code, is amended—

(1) in subsection (c) by striking ‘‘(c)’’ and inserting ‘‘(2)’’,

and

(2) by inserting after subsection (b) the following:

‘‘(c)(1) Subject to subsection (b), each appeal under subsection

(a) shall be heard by a 3-judge panel of the bankruptcy appellate

panel service established under subsection (b)(1) unless—

‘‘(A) the appellant elects at the time of filing the appeal;

or

‘‘(B) any other party elects, not later than 30 days after

service of notice of the appeal;

to have such appeal heard by the district court.’’.

(e) RULES OF PROCEDURE AND EVIDENCE; METHOD OF PRESCRIBING.—Section 2073 of title 28, United States Code, is amended—

(1) in subsection (a)(2) by striking ‘‘section 2072’’ and inserting ‘‘sections 2072 and 2075’’, and

(2) in subsections (d) and (e) by inserting ‘‘or 2075’’ after

‘‘2072’’ each place it appears.

(f) EFFECTIVE DATE OF BANKRUPTCY RULES.—The third

undesignated paragraph of section 2075 of title 28, United States

Code, is amended to read as follows:

‘‘The Supreme Court shall transmit to Congress not later than

May 1 of the year in which a rule prescribed under this section

is to become effective a copy of the proposed rule. The rule shall

take effect no earlier than December 1 of the year in which it

is transmitted to Congress unless otherwise provided by law.’’.
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SEC. 105. PARTICIPATION BY BANKRUPTCY ADMINISTRATOR AT

MEETINGS OF CREDITORS AND EQUITY SECURITY HOLDERS.

(a) PRESIDING OFFICER.—A bankruptcy administrator appointed under section 302(d)(3)(I) of the Bankruptcy Judges, United States

Trustees, and Family Farmer Bankruptcy Act of 1986 (28 U.S.C.

581 note; Public Law 99–554; 100 Stat. 3123), as amended by

section 317(a) of the Federal Courts Study Committee Implementation Act of 1990 (Public Law 101–650; 104 Stat. 5115), or the

bankruptcy administrator’s designee may preside at the meeting

of creditors convened under section 341(a) of title 11, United States

Code. The bankruptcy administrator or the bankruptcy administrator’s designee may preside at any meeting of equity security holders

convened under section 341(b) of title 11, United States Code.

(b) EXAMINATION OF THE DEBTOR.—The bankruptcy adminis- trator or the bankruptcy administrator’s designee may examine

the debtor at the meeting of creditors and may administer the

oath required under section 343 of title 11, United States Code.

SEC. 106. DEFINITION RELATING TO ELIGIBILITY TO SERVE ON CHAPTER 11 COMMITTEES.

Section 101(41) of title 11, United States Code, is amended

to read as follows:

‘‘(41) ‘person’ includes individual, partnership, and corporation, but does not include governmental unit, except that a

governmental unit that— ‘‘(A) acquires an asset from a person— ‘‘(i) as a result of the operation of a loan guarantee

agreement; or ‘‘(ii) as receiver or liquidating agent of a person; ‘‘(B) is a guarantor of a pension benefit payable by or on behalf of the debtor or an affiliate of the debtor;

or

‘‘(C) is the legal or beneficial owner of an asset of— ‘‘(i) an employee pension benefit plan that is a governmental plan, as defined in section 414(d) of the

Internal Revenue Code of 1986; or

‘‘(ii) an eligible deferred compensation plan, as defined in section 457(b) of the Internal Revenue Code

of 1986;

shall be considered, for purposes of section 1102 of this title,

to be a person with respect to such asset or such benefit;’’.

SEC. 107. INCREASED INCENTIVE COMPENSATION FOR TRUSTEES.

Section 326(a) of title 11, United States Code, is amended

by striking ‘‘fifteen’’ and all that follows through ‘‘$3,000’’ the last

place it appears, and inserting the following:

‘‘25 percent on the first $5,000 or less, 10 percent on any amount

in excess of $5,000 but not in excess of $50,000, 5 percent on

any amount in excess of $50,000 but not in excess of $1,000,000,

and reasonable compensation not to exceed 3 percent of such moneys

in excess of $1,000,000’’.

SEC. 108. DOLLAR ADJUSTMENTS.

(a) WHO MAY BE A DEBTOR UNDER CHAPTER 13.—Section 109(e)

of title 11, United States Code, is amended—

(1) by striking ‘‘$100,000’’ each place it appears and inserting ‘‘$250,000’’, and
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(2) by striking ‘‘$350,000’’ each place it appears and inserting ‘‘$750,000’’.

(b) INVOLUNTARY CASES.—Section 303(b) of title 11, United

States Code, is amended—

(1) in paragraph (1) by striking ‘‘$5,000’’ and inserting

‘‘$10,000’’, and

(2) in paragraph (2) by striking ‘‘$5,000’’ and inserting

‘‘$10,000’’.

(c) PRIORITIES.—Section 507(a) of title 11, United States Code,

is amended—

(1) in paragraph (4)(B)(i) by striking ‘‘$2,000’’ and inserting

‘‘$4,000’’,

(2) in paragraph (5) by striking ‘‘$2,000’’ and inserting

‘‘$4,000’’, and

(3) in paragraph (6) by striking ‘‘$900’’ and inserting

‘‘$1,800’’.

(d) EXEMPTIONS.—Section 522(d) of title 11, United States Code,

is amended—

(1) in paragraph (1) by striking ‘‘$7,500’’ and inserting

‘‘$15,000’’,

(2) in paragraph (2) by striking ‘‘$1,200’’ and inserting

‘‘$2,400’’,

(3) in paragraph (3)—

(A) by striking ‘‘$200’’ and inserting ‘‘$400’’, and

(B) by striking ‘‘$4,000’’ and inserting ‘‘$8,000’’,

(4) in paragraph (4) by striking ‘‘$500’’ and inserting

‘‘$1,000’’,

(5) in paragraph (5)—

(A) by striking ‘‘$400’’ and inserting ‘‘$800’’, and

(B) by striking ‘‘$3,750’’ and inserting ‘‘$7,500’’,

(6) in paragraph (6) by striking ‘‘$750’’ and inserting

‘‘$1,500’’,

(7) in paragraph (8) by striking ‘‘$4,000’’ and inserting

‘‘$8,000’’, and

(8) in paragraph (11)(D) by striking ‘‘$7,500’’ and inserting

‘‘$15,000’’.

(e) FUTURE ADJUSTMENTS.—Section 104 of title 11, United

States Code, is amended—

(1) by inserting ‘‘(a)’’ before ‘‘The’’, and

(2) by adding at the end the following:

‘‘(b)(1) On April 1, 1998, and at each 3-year interval ending

on April 1 thereafter, each dollar amount in effect under sections

109(e), 303(b), 507(a), 522(d), and 523(a)(2)(C) immediately before

such April 1 shall be adjusted—

‘‘(A) to reflect the change in the Consumer Price Index

for All Urban Consumers, published by the Department of

Labor, for the most recent 3-year period ending immediately

before January 1 preceding such April 1, and

‘‘(B) to round to the nearest $25 the dollar amount that

represents such change.

‘‘(2) Not later than March 1, 1998, and at each 3-year interval

ending on March 1 thereafter, the Judicial Conference of the United

States shall publish in the Federal Register the dollar amounts

that will become effective on such April 1 under sections 109(e),

303(b), 507(a), 522(d), and 523(a)(2)(C) of this title.
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‘‘(3) Adjustments made in accordance with paragraph (1) shall not apply with respect to cases commenced before the date of

such adjustments.’’.

SEC. 109. PREMERGER NOTIFICATION.

Subparagraphs (A) and (B) of section 363(b)(2) of title 11, United States Code, are amended to read as follows:

‘‘(A) notwithstanding subsection (a) of such section, the notification required by such subsection to be given

by the debtor shall be given by the trustee; and ‘‘(B) notwithstanding subsection (b) of such section, the required waiting period shall end on the 15th day

after the date of the receipt, by the Federal Trade Commission and the Assistant Attorney General in charge of the

Antitrust Division of the Department of Justice, of the

notification required under such subsection (a), unless such

waiting period is extended— ‘‘(i) pursuant to subsection (e)(2) of such section, in the same manner as such subsection (e)(2) applies

to a cash tender offer;

‘‘(ii) pursuant to subsection (g)(2) of such section;

or

‘‘(iii) by the court after notice and a hearing.’’.

SEC. 110. ALLOWANCE OF CREDITOR COMMITTEE EXPENSES.

Section 503(b)(3) of title 11, United States Code, is amended—

(1) in subparagraph (D) by striking ‘‘or’’ at the end,

(2) in subparagraph (E) by inserting ‘‘or’’ at the end, and

(3) by adding at the end the following:

‘‘(F) a member of a committee appointed under section

1102 of this title, if such expenses are incurred in the

performance of the duties of such committee;’’.

SEC. 111. SUPPLEMENTAL INJUNCTIONS.

(a) SUPPLEMENTAL INJUNCTIONS.—Section 524 of title 11,

United States Code, is amended by adding at the end the following:

‘‘(g)(1)(A) After notice and hearing, a court that enters an

order confirming a plan of reorganization under chapter 11 may

issue, in connection with such order, an injunction in accordance

with this subsection to supplement the injunctive effect of a discharge under this section.

‘‘(B) An injunction may be issued under subparagraph (A) to

enjoin entities from taking legal action for the purpose of directly

or indirectly collecting, recovering, or receiving payment or recovery

with respect to any claim or demand that, under a plan of reorganization, is to be paid in whole or in part by a trust described

in paragraph (2)(B)(i), except such legal actions as are expressly

allowed by the injunction, the confirmation order, or the plan of

reorganization.

‘‘(2)(A) Subject to subsection (h), if the requirements of subparagraph (B) are met at the time an injunction described in paragraph

(1) is entered, then after entry of such injunction, any proceeding

that involves the validity, application, construction, or modification

of such injunction, or of this subsection with respect to such injunction, may be commenced only in the district court in which such

injunction was entered, and such court shall have exclusive jurisdiction over any such proceeding without regard to the amount in

controversy.
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‘‘(B) The requirements of this subparagraph are that—

‘‘(i) the injunction is to be implemented in connection with

a trust that, pursuant to the plan of reorganization—

‘‘(I) is to assume the liabilities of a debtor which at

the time of entry of the order for relief has been named

as a defendant in personal injury, wrongful death, or property-damage actions seeking recovery for damages allegedly

caused by the presence of, or exposure to, asbestos or

asbestos-containing products;

‘‘(II) is to be funded in whole or in part by the securities

of 1 or more debtors involved in such plan and by the

obligation of such debtor or debtors to make future payments, including dividends;

‘‘(III) is to own, or by the exercise of rights granted

under such plan would be entitled to own if specified contingencies occur, a majority of the voting shares of—

‘‘(aa) each such debtor;

‘‘(bb) the parent corporation of each such debtor;

or

‘‘(cc) a subsidiary of each such debtor that is also

a debtor; and

‘‘(IV) is to use its assets or income to pay claims and

demands; and

‘‘(ii) subject to subsection (h), the court determines that—

‘‘(I) the debtor is likely to be subject to substantial

future demands for payment arising out of the same or

similar conduct or events that gave rise to the claims

that are addressed by the injunction; ‘‘(II) the actual amounts, numbers, and timing of such

future demands cannot be determined;

‘‘(III) pursuit of such demands outside the procedures

prescribed by such plan is likely to threaten the plan’s

purpose to deal equitably with claims and future demands; ‘‘(IV) as part of the process of seeking confirmation

of such plan—

‘‘(aa) the terms of the injunction proposed to be issued under paragraph (1)(A), including any provisions barring actions against third parties pursuant

to paragraph (4)(A), are set out in such plan and in

any disclosure statement supporting the plan; and ‘‘(bb) a separate class or classes of the claimants

whose claims are to be addressed by a trust described

in clause (i) is established and votes, by at least 75

percent of those voting, in favor of the plan; and

‘‘(V) subject to subsection (h), pursuant to court orders

or otherwise, the trust will operate through mechanisms

such as structured, periodic, or supplemental payments,

pro rata distributions, matrices, or periodic review of estimates of the numbers and values of present claims and

future demands, or other comparable mechanisms, that

provide reasonable assurance that the trust will value,

and be in a financial position to pay, present claims and

future demands that involve similar claims in substantially

the same manner.

‘‘(3)(A) If the requirements of paragraph (2)(B) are met and

the order confirming the plan of reorganization was issued or

affirmed by the district court that has jurisdiction over the reorga-
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nization case, then after the time for appeal of the order that

issues or affirms the plan—

‘‘(i) the injunction shall be valid and enforceable and may

not be revoked or modified by any court except through appeal

in accordance with paragraph (6);

‘‘(ii) no entity that pursuant to such plan or thereafter

becomes a direct or indirect transferee of, or successor to any

assets of, a debtor or trust that is the subject of the injunction

shall be liable with respect to any claim or demand made

against such entity by reason of its becoming such a transferee

or successor; and

‘‘(iii) no entity that pursuant to such plan or thereafter

makes a loan to such a debtor or trust or to such a successor

or transferee shall, by reason of making the loan, be liable

with respect to any claim or demand made against such entity,

nor shall any pledge of assets made in connection with such

a loan be upset or impaired for that reason;

‘‘(B) Subparagraph (A) shall not be construed to—

‘‘(i) imply that an entity described in subparagraph (A)

(ii) or (iii) would, if this paragraph were not applicable, necessarily be liable to any entity by reason of any of the acts

described in subparagraph (A);

‘‘(ii) relieve any such entity of the duty to comply with,

or of liability under, any Federal or State law regarding the

making of a fraudulent conveyance in a transaction described

in subparagraph (A) (ii) or (iii); or

‘‘(iii) relieve a debtor of the debtor’s obligation to comply

with the terms of the plan of reorganization, or affect the

power of the court to exercise its authority under sections

1141 and 1142 to compel the debtor to do so.

‘‘(4)(A)(i) Subject to subparagraph (B), an injunction described

in paragraph (1) shall be valid and enforceable against all entities

that it addresses.

‘‘(ii) Notwithstanding the provisions of section 524(e), such an

injunction may bar any action directed against a third party who

is identifiable from the terms of such injunction (by name or as

part of an identifiable group) and is alleged to be directly or

indirectly liable for the conduct of, claims against, or demands

on the debtor to the extent such alleged liability of such third

party arises by reason of—

‘‘(I) the third party’s ownership of a financial interest in

the debtor, a past or present affiliate of the debtor, or a predecessor in interest of the debtor;

‘‘(II) the third party’s involvement in the management of

the debtor or a predecessor in interest of the debtor, or service

as an officer, director or employee of the debtor or a related

party;

‘‘(III) the third party’s provision of insurance to the debtor

or a related party; or

‘‘(IV) the third party’s involvement in a transaction changing the corporate structure, or in a loan or other financial

transaction affecting the financial condition, of the debtor or

a related party, including but not limited to—

‘‘(aa) involvement in providing financing (debt or

equity), or advice to an entity involved in such a transaction; or
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‘‘(bb) acquiring or selling a financial interest in an

entity as part of such a transaction.

‘‘(iii) As used in this subparagraph, the term ‘related party’

means—

‘‘(I) a past or present affiliate of the debtor;

‘‘(II) a predecessor in interest of the debtor; or

‘‘(III) any entity that owned a financial interest in—

‘‘(aa) the debtor;

‘‘(bb) a past or present affiliate of the debtor; or

‘‘(cc) a predecessor in interest of the debtor.

‘‘(B) Subject to subsection (h), if, under a plan of reorganization,

a kind of demand described in such plan is to be paid in whole

or in part by a trust described in paragraph (2)(B)(i) in connection

with which an injunction described in paragraph (1) is to be implemented, then such injunction shall be valid and enforceable with

respect to a demand of such kind made, after such plan is confirmed,

against the debtor or debtors involved, or against a third party

described in subparagraph (A)(ii), if—

‘‘(i) as part of the proceedings leading to issuance of such

injunction, the court appoints a legal representative for the

purpose of protecting the rights of persons that might subsequently assert demands of such kind, and

‘‘(ii) the court determines, before entering the order

confirming such plan, that identifying such debtor or debtors,

or such third party (by name or as part of an identifiable

group), in such injunction with respect to such demands for

purposes of this subparagraph is fair and equitable with respect

to the persons that might subsequently assert such demands,

in light of the benefits provided, or to be provided, to such

trust on behalf of such debtor or debtors or such third party.

‘‘(5) In this subsection, the term ‘demand’ means a demand

for payment, present or future, that—

‘‘(A) was not a claim during the proceedings leading to

the confirmation of a plan of reorganization;

‘‘(B) arises out of the same or similar conduct or events

that gave rise to the claims addressed by the injunction issued

under paragraph (1); and

‘‘(C) pursuant to the plan, is to be paid by a trust described

in paragraph (2)(B)(i).

‘‘(6) Paragraph (3)(A)(i) does not bar an action taken by or

at the direction of an appellate court on appeal of an injunction

issued under paragraph (1) or of the order of confirmation that

relates to the injunction.

‘‘(7) This subsection does not affect the operation of section

1144 or the power of the district court to refer a proceeding under

section 157 of title 28 or any reference of a proceeding made

prior to the date of the enactment of this subsection.

‘‘(h) APPLICATION TO EXISTING INJUNCTIONS.—For purposes of

subsection (g)—

‘‘(1) subject to paragraph (2), if an injunction of the kind

described in subsection (g)(1)(B) was issued before the date

of the enactment of this Act, as part of a plan of reorganization

confirmed by an order entered before such date, then the injunction shall be considered to meet the requirements of subsection

(g)(2)(B) for purposes of subsection (g)(2)(A), and to satisfy

subsection (g)(4)(A)(ii), if—
H. R. 5116—12

‘‘(A) the court determined at the time the plan was

confirmed that the plan was fair and equitable in accordance with the requirements of section 1129(b); ‘‘(B) as part of the proceedings leading to issuance of such injunction and confirmation of such plan, the court

had appointed a legal representative for the purpose of

protecting the rights of persons that might subsequently

assert demands described in subsection (g)(4)(B) with

respect to such plan; and ‘‘(C) such legal representative did not object to con- firmation of such plan or issuance of such injunction; and

‘‘(2) for purposes of paragraph (1), if a trust described in subsection (g)(2)(B)(i) is subject to a court order on the

date of the enactment of this Act staying such trust from

settling or paying further claims— ‘‘(A) the requirements of subsection (g)(2)(B)(ii)(V) shall not apply with respect to such trust until such stay is

lifted or dissolved; and

‘‘(B) if such trust meets such requirements on the

date such stay is lifted or dissolved, such trust shall be

considered to have met such requirements continuously

from the date of the enactment of this Act.’’.

(b) RULE OF CONSTRUCTION.—Nothing in subsection (a), or in the amendments made by subsection (a), shall be construed to

modify, impair, or supersede any other authority the court has

to issue injunctions in connection with an order confirming a plan

of reorganization.

SEC. 112. AUTHORITY OF BANKRUPTCY JUDGES TO CONDUCT JURY

TRIALS IN CIVIL PROCEEDINGS.

Section 157 of title 28, United States Code, is amended by adding at the end the following: ‘‘(e) If the right to a jury trial applies in a proceeding that may be heard under this section by a bankruptcy judge, the bankruptcy judge may conduct the jury trial if specially designated

to exercise such jurisdiction by the district court and with the

express consent of all the parties.’’.

SEC. 113. SOVEREIGN IMMUNITY.

Section 106 of title 11, United States Code, is amended to

read as follows:

‘‘§ 106. Waiver of sovereign immunity

‘‘(a) Notwithstanding an assertion of sovereign immunity, sovereign immunity is abrogated as to a governmental unit to the

extent set forth in this section with respect to the following:

‘‘(1) Sections 105, 106, 107, 108, 303, 346, 362, 363, 364,

365, 366, 502, 503, 505, 506, 510, 522, 523, 524, 525, 542,

543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 722,

724, 726, 728, 744, 749, 764, 901, 922, 926, 928, 929, 944,

1107, 1141, 1142, 1143, 1146, 1201, 1203, 1205, 1206, 1227,

1231, 1301, 1303, 1305, and 1327 of this title.

‘‘(2) The court may hear and determine any issue arising

with respect to the application of such sections to governmental

units.

‘‘(3) The court may issue against a governmental unit an

order, process, or judgment under such sections or the Federal

Rules of Bankruptcy Procedure, including an order or judgment
H. R. 5116—13

awarding a money recovery, but not including an award of

punitive damages. Such order or judgment for costs or fees

under this title or the Federal Rules of Bankruptcy Procedure

against any governmental unit shall be consistent with the

provisions and limitations of section 2412(d)(2)(A) of title 28. ‘‘(4) The enforcement of any such order, process, or judg- ment against any governmental unit shall be consistent with

appropriate nonbankruptcy law applicable to such governmental unit and, in the case of a money judgment against

the United States, shall be paid as if it is a judgment rendered

by a district court of the United States. ‘‘(5) Nothing in this section shall create any substantive claim for relief or cause of action not otherwise existing under

this title, the Federal Rules of Bankruptcy Procedure, or

nonbankruptcy law.

‘‘(b) A governmental unit that has filed a proof of claim in the case is deemed to have waived sovereign immunity with respect

to a claim against such governmental unit that is property of

the estate and that arose out of the same transaction or occurrence

out of which the claim of such governmental unit arose. ‘‘(c) Notwithstanding any assertion of sovereign immunity by a governmental unit, there shall be offset against a claim or interest

of a governmental unit any claim against such governmental unit

that is property of the estate.’’.

SEC. 114. SERVICE OF PROCESS IN BANKRUPTCY PROCEEDINGS ON

AN INSURED DEPOSITORY INSTITUTION.

Rule 7004 of the Federal Rules of Bankruptcy Procedure is amended—

(1) in subdivision (b) by striking ‘‘In addition’’ and inserting ‘‘Except as provided in subdivision (h), in addition’’, and (2) by adding at the end the following: ‘‘(h) SERVICE OF PROCESS ON AN INSURED DEPOSITORY INSTITU- TION.—Service on an insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act) in a contested

matter or adversary proceeding shall be made by certified mail

addressed to an officer of the institution unless—

‘‘(1) the institution has appeared by its attorney, in which case the attorney shall be served by first class mail; ‘‘(2) the court orders otherwise after service upon the

institution by certified mail of notice of an application to permit

service on the institution by first class mail sent to an officer

of the institution designated by the institution; or ‘‘(3) the institution has waived in writing its entitlement to service by certified mail by designating an officer to receive

service.’’.

SEC. 115. MEETINGS OF CREDITORS AND EQUITY SECURITY HOLDERS.

Section 341 of title 11, United States Code, is amended by

adding at the end the following:

‘‘(d) Prior to the conclusion of the meeting of creditors or equity

security holders, the trustee shall orally examine the debtor to

ensure that the debtor in a case under chapter 7 of this title

is aware of—

‘‘(1) the potential consequences of seeking a discharge in

bankruptcy, including the effects on credit history;

‘‘(2) the debtor’s ability to file a petition under a different

chapter of this title;
H. R. 5116—14

‘‘(3) the effect of receiving a discharge of debts under this

title; and

‘‘(4) the effect of reaffirming a debt, including the debtor’s

knowledge of the provisions of section 524(d) of this title.’’.

SEC. 116. TAX ASSESSMENT.

Section 362(b)(9) of title 11, United States Code, is amended

to read as follows:

‘‘(9) under subsection (a), of—

‘‘(A) an audit by a governmental unit to determine

tax liability; ‘‘(B) the issuance to the debtor by a governmental

unit of a notice of tax deficiency; ‘‘(C) a demand for tax returns; or

‘‘(D) the making of an assessment for any tax and

issuance of a notice and demand for payment of such an

assessment (but any tax lien that would otherwise attach

to property of the estate by reason of such an assessment

shall not take effect unless such tax is a debt of the

debtor that will not be discharged in the case and such

property or its proceeds are transferred out of the estate

to, or otherwise revested in, the debtor).’’.

SEC. 117. ADDITIONAL TRUSTEE COMPENSATION.

Section 330(b) of title 11, United States Code, is amended—

(1) by inserting ‘‘(1)’’ after ‘‘(b)’’, and

(2) by adding at the end thereof the following:

‘‘(2) The Judicial Conference of the United States—

‘‘(A) shall prescribe additional fees of the same kind as

prescribed under section 1914(b) of title 28; and

‘‘(B) may prescribe notice of appearance fees and fees

charged against distributions in cases under this title;

to pay $15 to trustees serving in cases after such trustees’ services

are rendered. Beginning 1 year after the date of the enactment

of the Bankruptcy Reform Act of 1994, such $15 shall be paid

in addition to the amount paid under paragraph (1).’’.

TITLE II—COMMERCIAL BANKRUPTCY

ISSUES

SEC. 201. AIRCRAFT EQUIPMENT AND VESSELS; ROLLING STOCK

EQUIPMENT.

(a) AMENDMENT OF SECTION 1110.—Section 1110 of title 11,

United States Code, is amended to read as follows:

‘‘§ 1110. Aircraft equipment and vessels

‘‘(a)(1) The right of a secured party with a security interest

in equipment described in paragraph (2) or of a lessor or conditional

vendor of such equipment to take possession of such equipment

in compliance with a security agreement, lease, or conditional sale

contract is not affected by section 362, 363, or 1129 or by any

power of the court to enjoin the taking of possession unless—

‘‘(A) before the date that is 60 days after the date of

the order for relief under this chapter, the trustee, subject

to the court’s approval, agrees to perform all obligations of

the debtor that become due on or after the date of the order
H. R. 5116—15

under such security agreement, lease, or conditional sale contract; and

‘‘(B) any default, other than a default of a kind specified

in section 365(b)(2), under such security agreement, lease, or

conditional sale contract—

‘‘(i) that occurs before the date of the order is cured

before the expiration of such 60-day period; and

‘‘(ii) that occurs after the date of the order is cured

before the later of—

‘‘(I) the date that is 30 days after the date of

the default; or

‘‘(II) the expiration of such 60-day period.

‘‘(2) Equipment is described in this paragraph if it is—

‘‘(A) an aircraft, aircraft engine, propeller, appliance, or

spare part (as defined in section 40102 of title 49) that is

subject to a security interest granted by, leased to, or conditionally sold to a debtor that is a citizen of the United States

(as defined in section 40102 of title 49) holding an air carrier

operating certificate issued by the Secretary of Transportation

pursuant to chapter 447 of title 49 for aircraft capable of

carrying 10 or more individuals or 6,000 pounds or more of

cargo; or

‘‘(B) a documented vessel (as defined in section 30101(1)

of title 46) that is subject to a security interest granted by,

leased to, or conditionally sold to a debtor that is a water

carrier that holds a certificate of public convenience and necessity or permit issued by the Interstate Commerce Commission.

‘‘(3) Paragraph (1) applies to a secured party, lessor, or conditional vendor acting in its own behalf or acting as trustee or

otherwise in behalf of another party. ‘‘(b) The trustee and the secured party, lessor, or conditional

vendor whose right to take possession is protected under subsection

(a) may agree, subject to the court’s approval, to extend the

60-day period specified in subsection (a)(1). ‘‘(c) With respect to equipment first placed in service on or

prior to the date of enactment of this subsection, for purposes

of this section—

‘‘(1) the term ‘lease’ includes any written agreement with

respect to which the lessor and the debtor, as lessee, have

expressed in the agreement or in a substantially contemporaneous writing that the agreement is to be treated as a lease

for Federal income tax purposes; and

‘‘(2) the term ‘security interest’ means a purchase-money

equipment security interest.’’.

(b) AMENDMENT OF SECTION 1168.—Section 1168 of title 11,

United States Code, is amended to read as follows:

‘‘§ 1168. Rolling stock equipment

‘‘(a)(1) The right of a secured party with a security interest

in or of a lessor or conditional vendor of equipment described

in paragraph (2) to take possession of such equipment in compliance

with an equipment security agreement, lease, or conditional sale

contract is not affected by section 362, 363, or 1129 or by any

power of the court to enjoin the taking of possession, unless—

‘‘(A) before the date that is 60 days after the date of

commencement of a case under this chapter, the trustee, subject

to the court’s approval, agrees to perform all obligations of
H. R. 5116—16

the debtor that become due on or after the date of commencement of the case under such security agreement, lease, or

conditional sale contract; and

‘‘(B) any default, other than a default of a kind described in section 365(b)(2), under such security agreement, lease, or

conditional sale contract—

‘‘(i) that occurs before the date of commencement of

the case and is an event of default therewith is cured

before the expiration of such 60-day period; and ‘‘(ii) that occurs or becomes an event of default after

the date of commencement of the case is cured before

the later of—

‘‘(I) the date that is 30 days after the date of the default or event of default; or

‘‘(II) the expiration of such 60-day period. ‘‘(2) Equipment is described in this paragraph if it is rolling stock equipment or accessories used on such equipment, including

superstructures and racks, that is subject to a security interest

granted by, leased to, or conditionally sold to the debtor. ‘‘(3) Paragraph (1) applies to a secured party, lessor, or condi- tional vendor acting in its own behalf or acting as trustee or

otherwise in behalf of another party. ‘‘(b) The trustee and the secured party, lessor, or conditional vendor whose right to take possession is protected under subsection

(a) may agree, subject to the court’s approval, to extend the

60-day period specified in subsection (a)(1). ‘‘(c) With respect to equipment first placed in service on or

prior to the date of enactment of this subsection, for purposes

of this section—

‘‘(1) the term ‘lease’ includes any written agreement with respect to which the lessor and the debtor, as lessee, have

expressed in the agreement or in a substantially contemporaneous writing that the agreement is to be treated as a lease

for Federal income tax purposes; and ‘‘(2) the term ‘security interest’ means a purchase-money

equipment security interest.

‘‘(d) With respect to equipment first placed in service after

the date of enactment of this subsection, for purposes of this section,

the term ‘rolling stock equipment’ includes rolling stock equipment

that is substantially rebuilt and accessories used on such equipment.’’.

SEC. 202. LIMITATION ON LIABILITY OF NON-INSIDER TRANSFEREE

FOR AVOIDED TRANSFER.

Section 550 of title 11, United States Code, is amended—

(1) by redesignating subsections (c), (d), and (e) as sub- sections (d), (e), and (f), respectively, and (2) by inserting after subsection (b) the following: ‘‘(c) If a transfer made between 90 days and one year before

the filing of the petition— ‘‘(1) is avoided under section 547(b) of this title; and

‘‘(2) was made for the benefit of a creditor that at the

time of such transfer was an insider;

the trustee may not recover under subsection (a) from a transferee

that is not an insider.’’.

SEC. 203. PERFECTION OF PURCHASE-MONEY SECURITY INTEREST.

Section 547 of title 11, United States Code, is amended—
H. R. 5116—17

(1) in subsection (c)(3)(B) by striking ‘‘10’’ and inserting ‘‘20’’, and

(2) in subsection (e)(2)(A) by inserting ‘‘, except as provided in subsection (c)(3)(B)’’ before the semicolon at the end.

SEC. 204. CONTINUED PERFECTION.

(a) AUTOMATIC STAY.—Section 362(b)(3) of title 11, United

States Code, is amended by inserting ‘‘, or to maintain or continue

the perfection of,’’ after ‘‘to perfect’’. (b) LIMITATIONS ON AVOIDING POWERS.—Section 546(b) of title

11, United States Code, is amended to read as follows:

‘‘(b)(1) The rights and powers of a trustee under sections 544, 545, and 549 of this title are subject to any generally applicable

law that—

‘‘(A) permits perfection of an interest in property to be effective against an entity that acquires rights in such property

before the date of perfection; or ‘‘(B) provides for the maintenance or continuation of perfection of an interest in property to be effective against an entity

that acquires rights in such property before the date on which

action is taken to effect such maintenance or continuation.

‘‘(2) If—

‘‘(A) a law described in paragraph (1) requires seizure of such property or commencement of an action to accomplish

such perfection, or maintenance or continuation of perfection

of an interest in property; and ‘‘(B) such property has not been seized or such an action has not been commenced before the date of the filing of the

petition;

such interest in such property shall be perfected, or perfection

of such interest shall be maintained or continued, by giving notice

within the time fixed by such law for such seizure or such

commencement.’’.

SEC. 205. REJECTION OF UNEXPIRED LEASES OF REAL PROPERTY OR

TIMESHARE INTERESTS.

(a) AMENDMENT TO SECTION 365.—Section 365(h) of title 11,

United States Code, is amended to read as follows:

‘‘(h)(1)(A) If the trustee rejects an unexpired lease of real prop- erty under which the debtor is the lessor and— ‘‘(i) if the rejection by the trustee amounts to such a breach as would entitle the lessee to treat such lease as terminated

by virtue of its terms, applicable nonbankruptcy law, or any

agreement made by the lessee, then the lessee under such

lease may treat such lease as terminated by the rejection;

or

‘‘(ii) if the term of such lease has commenced, the lessee

may retain its rights under such lease (including rights such

as those relating to the amount and timing of payment of

rent and other amounts payable by the lessee and any right

of use, possession, quiet enjoyment, subletting, assignment,

or hypothecation) that are in or appurtenant to the real property for the balance of the term of such lease and for any

renewal or extension of such rights to the extent that such

rights are enforceable under applicable nonbankruptcy law.

‘‘(B) If the lessee retains its rights under subparagraph (A)(ii),

the lessee may offset against the rent reserved under such lease

for the balance of the term after the date of the rejection of such
H. R. 5116—18

lease and for the term of any renewal or extension of such lease,

the value of any damage caused by the nonperformance after the

date of such rejection, of any obligation of the debtor under such

lease, but the lessee shall not have any other right against the

estate or the debtor on account of any damage occurring after

such date caused by such nonperformance. ‘‘(C) The rejection of a lease of real property in a shopping center with respect to which the lessee elects to retain its rights

under subparagraph (A)(ii) does not affect the enforceability under

applicable nonbankruptcy law of any provision in the lease pertaining to radius, location, use, exclusivity, or tenant mix or balance. ‘‘(D) In this paragraph, ‘lessee’ includes any successor, assign, or mortgagee permitted under the terms of such lease. ‘‘(2)(A) If the trustee rejects a timeshare interest under a timeshare plan under which the debtor is the timeshare interest

seller and—

‘‘(i) if the rejection amounts to such a breach as would entitle the timeshare interest purchaser to treat the timeshare

plan as terminated under its terms, applicable nonbankruptcy

law, or any agreement made by timeshare interest purchaser,

the timeshare interest purchaser under the timeshare plan

may treat the timeshare plan as terminated by such rejection;

or

‘‘(ii) if the term of such timeshare interest has commenced,

then the timeshare interest purchaser may retain its rights

in such timeshare interest for the balance of such term and

for any term of renewal or extension of such timeshare interest

to the extent that such rights are enforceable under applicable

nonbankruptcy law.

‘‘(B) If the timeshare interest purchaser retains its rights under subparagraph (A), such timeshare interest purchaser may offset

against the moneys due for such timeshare interest for the balance

of the term after the date of the rejection of such timeshare interest,

and the term of any renewal or extension of such timeshare interest,

the value of any damage caused by the nonperformance after the

date of such rejection, of any obligation of the debtor under such

timeshare plan, but the timeshare interest purchaser shall not

have any right against the estate or the debtor on account of

any damage occurring after such date caused by such nonperformance.’’.

(b) TECHNICAL AMENDMENT.—Section 553(b)(1) of title 11,

United States Code, is amended by striking ‘‘365(h)(2)’’ and inserting ‘‘365(h)’’.

SEC. 206. CONTENTS OF PLAN.

Section 1123(b) of title 11, United States Code, is amended—

(1) in paragraph (4) by striking ‘‘and’’ at the end,

(2) by redesignating paragraph (5) as paragraph (6), and

(3) by inserting after paragraph (4) the following:

‘‘(5) modify the rights of holders of secured claims, other

than a claim secured only by a security interest in real property

that is the debtor’s principal residence, or of holders of

unsecured claims, or leave unaffected the rights of holders

of any class of claims; and’’.

SEC. 207. PRIORITY FOR INDEPENDENT SALES REPRESENTATIVES.

Section 507(a)(3) of title 11, United States Code, is amended

to read as follows:
H. R. 5116—19

‘‘(3) Third, allowed unsecured claims, but only to the extent

of $4,000 for each individual or corporation, as the case may

be, earned within 90 days before the date of the filing of

the petition or the date of the cessation of the debtor’s business,

whichever occurs first, for—

‘‘(A) wages, salaries, or commissions, including vacation, severance, and sick leave pay earned by an individual;

or

‘‘(B) sales commissions earned by an individual or by

a corporation with only 1 employee, acting as an independent contractor in the sale of goods or services for the

debtor in the ordinary course of the debtor’s business if,

and only if, during the 12 months preceding that date,

at least 75 percent of the amount that the individual or

corporation earned by acting as an independent contractor

in the sale of goods or services was earned from the

debtor;’’.

SEC. 208. EXCLUSION FROM THE ESTATE OF INTERESTS IN LIQUID

AND GASEOUS HYDROCARBONS TRANSFERRED BY THE

DEBTOR PURSUANT TO PRODUCTION PAYMENT AGREEMENTS.

(a) DEFINITION.—Section 101 of title 11, United States Code,

is amended—

(1) by inserting after paragraph (42) the following:

‘‘(42A) ‘production payment’ means a term overriding royalty satisfiable in cash or in kind—

‘‘(A) contingent on the production of a liquid or gaseous

hydrocarbon from particular real property; and

‘‘(B) from a specified volume, or a specified value, from

the liquid or gaseous hydrocarbon produced from such property, and determined without regard to production costs;’’,

and

(2) by inserting after the first paragraph (56) the following:

‘‘(56A) ‘term overriding royalty’ means an interest in liquid

or gaseous hydrocarbons in place or to be produced from

particular real property that entitles the owner thereof to a

share of production, or the value thereof, for a term limited

by time, quantity, or value realized;’’.

(b) PROPERTY OF THE ESTATE.—Section 541(b)(4) of title 11,

United States Code, is amended—

(1) in subparagraph (A) by striking ‘‘(A)’’ and inserting

‘‘(A)(i)’’,

(2) in subparagraph (B)—

(A) by striking ‘‘(B)’’ and inserting ‘‘(ii)’’,

(B) by striking ‘‘such interest’’ and inserting ‘‘the

interest referred to in clause (i)’’, and

(C) by striking the period at the end and inserting

‘‘; or’’, and

(3) by adding at the end the following:

‘‘(B)(i) the debtor has transferred such interest pursuant to a written conveyance of a production payment to

an entity that does not participate in the operation of

the property from which such production payment is transferred; and
H. R. 5116—20

‘‘(ii) but for the operation of this paragraph, the estate

could include the interest referred to in clause (i) only

by virtue of section 542 of this title;’’.

SEC. 209. SELLER’S RIGHT TO RECLAIM GOODS.

Section 546(c)(1) of title 11, United States Code, is amended

to read as follows:

‘‘(1) such a seller may not reclaim any such goods unless

such seller demands in writing reclamation 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’’.

SEC. 210. INVESTMENT OF MONEY OF THE ESTATE.

Section 345(b) of title 11, United States Code, is amended—

(1) in paragraph (2) by striking the period at the end

and inserting a semicolon, and

(2) by adding at the end the following:

‘‘unless the court for cause orders otherwise.’’.

SEC. 211. ELECTION OF TRUSTEE UNDER CHAPTER 11.

(a) ELECTION AUTHORIZED.—Section 1104 of title 11 of the

United States Code is amended—

(1) by redesignating subsections (b) and (c) as subsections

(c) and (d), respectively, and

(2) by inserting after subsection (a) the following:

‘‘(b) Except as provided in section 1163 of this title, on the

request of a party in interest made not later than 30 days after

the court orders the appointment of a trustee under subsection

(a), the United States trustee shall convene a meeting of creditors

for the purpose of electing one disinterested person to serve as

trustee in the case. The election of a trustee shall be conducted

in the manner provided in subsections (a), (b), and (c) of section

702 of this title.’’.

(b) CONFORMING AMENDMENT.—Section 1106(b) of title 11,

United States Code, is amended by striking ‘‘1104(c)’’ and inserting

‘‘1104(d)’’.

SEC. 212. RIGHTS OF PARTNERSHIP TRUSTEE AGAINST GENERAL

PARTNERS.

Section 723(a) of title 11, United States Code, is amended

by striking ‘‘for the full amount of the deficiency’’ and inserting

‘‘to the extent that under applicable nonbankruptcy law such general partner is personally liable for such deficiency’’.

SEC. 213. IMPAIRMENT OF CLAIMS AND INTERESTS.

(a) OBJECTION TO CLAIMS FILED UNTIMELY.—Section 502(b)

of title 11, United States Code, is amended—

(1) in paragraph (7) by striking ‘‘or’’ at the end,

(2) in paragraph (8) by striking the period at the end

and inserting ‘‘; or’’, and

(3) by adding at the end the following:

‘‘(9) proof of such claim is not timely filed, except to the

extent tardily filed as permitted under paragraph (1), (2), or

(3) of section 726(a) of this title or under the Federal Rules

of Bankruptcy Procedure, except that a claim of a governmental
H. R. 5116—21

unit shall be timely filed if it is filed before 180 days after

the date of the order for relief or such later time as the

Federal Rules of Bankruptcy Procedure may provide.’’.

(b) TARDILY FILED PRIORITY CLAIMS.—Section 726(a)(1) of title

11, United States Code, is amended by adding before the semicolon

the following: ‘‘, proof of which is timely filed under section 501

of this title or tardily filed before the date on which the trustee

commences distribution under this section’’.

(c) FILING OF REQUEST FOR ADMINISTRATIVE EXPENSES.—Section 503(a) of title 11, United States Code, is amended—

(1) by inserting ‘‘timely’’ after ‘‘may’’, and

(2) by inserting ‘‘, or may tardily file such request if permitted by the court for cause’’ before the period at the end. (d) IMPAIRMENT OF CLAIMS OR INTERESTS.—Section 1124 of

title 11, United States Code, is amended—

(1) in paragraph (1) by inserting ‘‘or’’ at the end,

(2) in paragraph (2) by striking ‘‘; or’’ at the end and

inserting a period, and

(3) by striking paragraph (3).

SEC. 214. PROTECTION OF SECURITY INTEREST IN POST-PETITION

RENTS AND LODGING PAYMENTS.

(a) POSTPETITION EFFECT OF SECURITY INTEREST.—Section

552(b) of title 11, United States Code, is amended—

(1) by inserting ‘‘(1)’’ after ‘‘(b)’’,

(2) by striking ‘‘rents,’’ each place it appears, and

(3) by adding at the end the following:

‘‘(2) Except as provided in sections 363, 506(c), 522, 544, 545,

547, and 548 of this title, and notwithstanding section 546(b) of

this title, if the debtor and an entity entered into a security agreement before the commencement of the case and if the security

interest created by such security agreement extends to property

of the debtor acquired before the commencement of the case and

to amounts paid as rents of such property or the fees, charges,

accounts, or other payments for the use or occupancy of rooms

and other public facilities in hotels, motels, or other lodging properties, then such security interest extends to such rents and such

fees, charges, accounts, or other payments acquired by the estate

after the commencement of the case to the extent provided in

such security agreement, except to any extent that the court, after

notice and a hearing and based on the equities of the case, orders

otherwise.’’.

(b) USE SALE, OR LEASE OF PROPERTY.—Section 363(a) of title

11, United States Code, is amended by inserting: ‘‘and the fees,

charges, accounts or other payments for the use or occupancy of

rooms and other public facilities in hotels, motels, or other lodging

properties’’ after ‘‘property’’.

SEC. 215. AMENDMENT TO DEFINITION OF SWAP AGREEMENT.

Subparagraph (A) of the first paragraph (55) of section 101

of title 11, United States Code, is amended by inserting ‘‘spot

foreign exchange agreement,’’ after ‘‘forward foreign exchange

agreement,’’.

SEC. 216. LIMITATION ON AVOIDING POWERS.

Section 546(a)(1) of title 11, United States Code, is amended

to read as follows:

‘‘(1) the later of—
H. R. 5116—22

‘‘(A) 2 years after the entry of the order for relief;

or

‘‘(B) 1 year after the appointment or election of the

first trustee under section 702, 1104, 1163, 1202, or 1302

of this title if such appointment or such election occurs

before the expiration of the period specified in subparagraph (A); or’’.

SEC. 217. SMALL BUSINESSES.

(a) DEFINITION.—Section 101 of title 11, United States Code,

is amended by inserting after paragraph (51) the following:

‘‘(51C) ‘small business’ means a person engaged in commercial or business activities (but does not include a person whose

primary activity is the business of owning or operating real

property and activities incidental thereto) whose aggregate

noncontingent liquidated secured and unsecured debts as of

the date of the petition do not exceed $2,000,000;’’.

(b) CREDITORS’ COMMITTEES.—Section 1102(a) of title 11, United

States Code, is amended—

(1) in paragraph (1) by striking ‘‘As’’ and inserting ‘‘Except

as provided in paragraph (3), as’’; and

(2) by adding at the end the following:

‘‘(3) On request of a party in interest in a case in which

the debtor is a small business and for cause, the court may order

that a committee of creditors not be appointed.’’.

(c) CONVERSION OR DISMISSAL.—Section 1112(b) of title 11,

United States Code, is amended by inserting ‘‘or bankruptcy

administrator’’ after ‘‘United States trustee’’.

(d) WHO MAY FILE A PLAN.—Section 1121 of title 11, United

States Code, is amended by adding at the end the following: ‘‘(e) In a case in which the debtor is a small business and

elects to be considered a small business—

‘‘(1) only the debtor may file a plan until after 100 days

after the date of the order for relief under this chapter;

‘‘(2) all plans shall be filed within 160 days after the

date of the order for relief; and

‘‘(3) on request of a party in interest made within the respective periods specified in paragraphs (1) and (2) and after

notice and a hearing, the court may— ‘‘(A) reduce the 100-day period or the 160-day period specified in paragraph (1) or (2) for cause; and ‘‘(B) increase the 100-day period specified in paragraph (1) if the debtor shows that the need for an increase is

caused by circumstances for which the debtor should not

be held accountable.’’.

(e) POSTPETITION DISCLOSURE.—Section 1125 of title 11, United

States Code, is amended by adding at the end the following:

‘‘(f) Notwithstanding subsection (b), in a case in which the

debtor has elected under section 1121(e) to be considered a small

business—

‘‘(1) the court may conditionally approve a disclosure statement subject to final approval after notice and a hearing;

‘‘(2) acceptances and rejections of a plan may be solicited

based on a conditionally approved disclosure statement as long

as the debtor provides adequate information to each holder

of a claim or interest that is solicited, but a conditionally

approved disclosure statement shall be mailed at least 10 days
H. R. 5116—23

prior to the date of the hearing on confirmation of the plan;

and

‘‘(3) a hearing on the disclosure statement may be combined with a hearing on confirmation of a plan.’’.

SEC. 218. SINGLE ASSET REAL ESTATE.

(a) DEFINITION.—Section 101 of title 11, United States Code,

is amended by inserting after paragraph (51) the following: ‘‘(51B) ‘single asset real estate’ means real property con- stituting a single property or project, other than residential

real property with fewer than 4 residential units, which generates substantially all of the gross income of a debtor and

on which no substantial business is being conducted by a debtor

other than the business of operating the real property and

activities incidental thereto having aggregate noncontingent,

liquidated secured debts in an amount no more than

$4,000,000;’’.

(b) AUTOMATIC STAY.—Section 362(d) 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) with respect to a stay of an act against single asset real estate under subsection (a), by a creditor whose claim

is secured by an interest in such real estate, unless, not later

than the date that is 90 days after the entry of the order

for relief (or such later date as the court may determine for

cause by order entered within that 90-day period)— ‘‘(A) the debtor has filed a plan of reorganization that has a reasonable possibility of being confirmed within a

reasonable time; or

‘‘(B) the debtor has commenced monthly payments to each creditor whose claim is secured by such real estate

(other than a claim secured by a judgment lien or by

an unmatured statutory lien), which payments are in an

amount equal to interest at a current fair market rate

on the value of the creditor’s interest in the real estate.’’.

SEC. 219. LEASES OF PERSONAL PROPERTY.

(a) ASSUMPTION.—Section 365(b)(2) of title 11, United States

Code, is amended—

(1) in subparagraph (B) by striking ‘‘or’’ at the end,

(2) in subparagraph (C) by striking the period and inserting

‘‘; or’’,

(3) by adding at the end the following:

‘‘(D) the satisfaction of any penalty rate or provision relat- ing to a default arising from any failure by the debtor to

perform nonmonetary obligations under the executory contract

or unexpired lease.’’.

(b) PERFORMANCE.—Section 365(d) of title 11, United States

Code, is amended by adding at the end the following:

‘‘(10) The trustee shall timely perform all of the obligations

of the debtor, except those specified in section 365(b)(2), first

arising from or after 60 days after the order for relief in

a case under chapter 11 of this title under an unexpired lease

of personal property (other than personal property leased to

an individual primarily for personal, family, or household pur-
H. R. 5116—24

poses), until such lease is assumed or rejected notwithstanding

section 503(b)(1) of this title, unless the court, after notice

and a hearing and based on the equities of the case, orders

otherwise with respect to the obligations or timely performance

thereof. This subsection shall not be deemed to affect the trustee’s obligations under the provisions of subsection (b) or (f).

Acceptance of any such performance does not constitute waiver

or relinquishment of the lessor’s rights under such lease or

under this title.’’.

(c) LIMITATION.—Section 363(e) of title 11, United States Code

is amended by adding at the end the following:

‘‘This subsection also applies to property that is subject to any

unexpired lease of personal property (to the exclusion of such property being subject to an order to grant relief from the stay under

section 362).’’.

SEC. 220. EXEMPTION FOR SMALL BUSINESS INVESTMENT COMPANIES.

Section 109(b)(2) of title 11, United States Code, is amended

by inserting after ‘‘homestead association,’’ the following: ‘‘a small

business investment company licensed by the Small Business

Administration under subsection (c) or (d) of section 301 of the

Small Business Investment Act of 1958,’’.

SEC. 221. PAYMENT OF TAXES WITH BORROWED FUNDS.

Section 523(a) of title 11, United States Code, is amended—

(1) in paragraph (13) by striking the period at the end

and inserting a semicolon, and

(2) by adding at the end the following:

‘‘(14) incurred to pay a tax to the United States that would

be nondischargeable pursuant to paragraph (1);’’.

SEC. 222. RETURN OF GOODS.

(a) LIMITATION ON AVOIDING POWERS.—Section 546 of title 11,

United States Code, is amended by adding at the end the following:

‘‘(g) Notwithstanding the rights and powers of a trustee under

sections 544(a), 545, 547, 549, and 553, if the court determines

on a motion by the trustee made not later than 120 days after

the date of the order for relief in a case under chapter 11 of

this title and after notice and a hearing, that a return is in the

best interests of the estate, the debtor, with the consent of a

creditor, may return goods shipped to the debtor by the creditor

before the commencement of the case, and the creditor may offset

the purchase price of such goods against any claim of the creditor

against the debtor that arose before the commencement of the

case.’’.

(b) SETOFF.—Section 553(b)(1) is amended by inserting ‘‘546(h),’’

after ‘‘365(h),’’.

SEC. 223. PROCEEDS OF MONEY ORDER AGREEMENTS.

Section 541(b) of title 11, United States Code, is amended—

(1) in paragraph (3) by striking ‘‘or’’ at the end and inserting a semicolon,

(2) in paragraph (4) by striking the period at the end

and inserting ‘‘; or’’, and

(3) by inserting after paragraph (4) the following:
H. R. 5116—25

‘‘(5) any interest in cash or cash equivalents that constitute

proceeds of a sale by the debtor of a money order that is

made—

‘‘(A) on or after the date that is 14 days prior to

the date on which the petition is filed; and

‘‘(B) under an agreement with a money order issuer

that prohibits the commingling of such proceeds with property of the debtor (notwithstanding that, contrary to the

agreement, the proceeds may have been commingled with

property of the debtor),

unless the money order issuer had not taken action, prior

to the filing of the petition, to require compliance with the

prohibition.’’.

SEC. 224. TRUSTEE DUTIES; PROFESSIONAL FEES.

(a) TRUSTEE’S DUTIES.—Section 586(a)(3)(A) of title 28, United

States Code, is amended to read as follows:

‘‘(A)(i) reviewing, in accordance with procedural guidelines adopted by the Executive Office of the United States

Trustee (which guidelines shall be applied uniformly by

the United States trustee except when circumstances warrant different treatment), applications filed for compensation and reimbursement under section 330 of title 11; and

‘‘(ii) filing with the court comments with respect to

such application and, if the United States Trustee considers

it to be appropriate, objections to such application.’’.

(b) PROFESSIONAL FEES.—Section 330(a) of title 11, United

States Code, is amended to read as follows:

‘‘(a)(1) After notice to the parties in interest and the United

States Trustee and a hearing, and subject to sections 326, 328,

and 329, the court may award to a trustee, an examiner, a professional person employed under section 327 or 1103—

‘‘(A) reasonable compensation for actual, necessary services

rendered by the trustee, examiner, professional person, or attorney and by any paraprofessional person employed by any such

person; and

‘‘(B) reimbursement for actual, necessary expenses.

‘‘(2) The court may, on its own motion or on the motion of

the United States Trustee, the United States Trustee for the District

or Region, the trustee for the estate, or any other party in interest,

award compensation that is less than the amount of compensation

that is requested.

‘‘(3)(A) In determining the amount of reasonable compensation

to be awarded, the court shall consider the nature, the extent,

and the value of such services, taking into account all relevant

factors, including—

‘‘(A) the time spent on such services;

‘‘(B) the rates charged for such services;

‘‘(C) whether the services were necessary to the administration of, or beneficial at the time at which the service was

rendered toward the completion of, a case under this title;

‘‘(D) whether the services were performed within a reasonable amount of time commensurate with the complexity, importance, and nature of the problem, issue, or task addressed;

and
H. R. 5116—26

‘‘(E) whether the compensation is reasonable based on the

customary compensation charged by comparably skilled

practitioners in cases other than cases under this title.

‘‘(4)(A) Except as provided in subparagraph (B), the court shall not allow compensation for— ‘‘(i) unnecessary duplication of services; or

‘‘(ii) services that were not—

‘‘(I) reasonably likely to benefit the debtor’s estate;

or

‘‘(II) necessary to the administration of the case. ‘‘(B) In a chapter 12 or chapter 13 case in which the debtor

is an individual, the court may allow reasonable compensation

to the debtor’s attorney for representing the interests of the debtor

in connection with the bankruptcy case based on a consideration

of the benefit and necessity of such services to the debtor and

the other factors set forth in this section.

‘‘(5) The court shall reduce the amount of compensation

awarded under this section by the amount of any interim compensation awarded under section 331, and, if the amount of such interim

compensation exceeds the amount of compensation awarded under

this section, may order the return of the excess to the estate.

‘‘(6) Any compensation awarded for the preparation of a fee

application shall be based on the level and skill reasonably required

to prepare the application.’’.

SEC. 225. NOTICES TO CREDITORS.

Section 342 of title 11, United States Code, is amended by

adding at the end the following: ‘‘(c) If notice is required to be given by the debtor to a creditor

under this title, any rule, any applicable law, or any order of

the court, such notice shall contain the name, address, and taxpayer

identification number of the debtor, but the failure of such notice

to contain such information shall not invalidate the legal effect

of such notice.’’.

TITLE III—CONSUMER BANKRUPTCY

ISSUES

SEC. 301. PERIOD FOR CURING DEFAULT RELATING TO PRINCIPAL

RESIDENCE.

Section 1322 of title 11, United States Code, is amended—

(1) by redesignating subsection (c) as subsection (d), and

(2) by inserting after subsection (b) the following: ‘‘(c) Notwithstanding subsection (b)(2) and applicable

nonbankruptcy law— ‘‘(1) a default with respect to, or that gave rise to, a lien

on the debtor’s principal residence may be cured under paragraph (3) or (5) of subsection (b) until such residence is sold

at a foreclosure sale that is conducted in accordance with

applicable nonbankruptcy law; and ‘‘(2) in a case in which the last payment on the original

payment schedule for a claim secured only by a security interest

in real property that is the debtor’s principal residence is due

before the date on which the final payment under the plan

is due, the plan may provide for the payment of the claim

as modified pursuant to section 1325(a)(5) of this title.’’.
H. R. 5116—27

SEC. 302. NONDISCHARGEABILITY OF FINE UNDER CHAPTER 13.

Section 1328(a)(3) of title 11, United States Code, is amended

by inserting ‘‘, or a criminal fine,’’ after ‘‘restitution’’.

SEC. 303. IMPAIRMENT OF EXEMPTIONS.

Section 522(f) of title 11, United States Code, is amended—

(1) in paragraph (2)—

(A) by redesignating subparagraphs (A), (B), and (C)

as clauses (i), (ii), and (iii), respectively, and

(B) by striking ‘‘(2)’’ and inserting ‘‘(B)’’,

(2) by redesignating paragraph (1) as subparagraph (A),

(3) by inserting ‘‘(1)’’ before ‘‘Notwithstanding’’, and

(4) by adding at the end the following:

‘‘(2)(A) For the purposes of this subsection, a lien shall be

considered to impair an exemption to the extent that the sum

of—

‘‘(i) the lien;

‘‘(ii) all other liens on the property; and

‘‘(iii) the amount of the exemption that the debtor could

claim if there were no liens on the property;

exceeds the value that the debtor’s interest in the property would

have in the absence of any liens.

‘‘(B) In the case of a property subject to more than 1 lien,

a lien that has been avoided shall not be considered in making

the calculation under subparagraph (A) with respect to other liens.

‘‘(C) This paragraph shall not apply with respect to a judgment

arising out of a mortgage foreclosure.’’.

SEC. 304. PROTECTION OF CHILD SUPPORT AND ALIMONY.

(a) DEFINITION.—Section 101 of title 11, United States Code,

is amended by inserting after paragraph (12) the following:

‘‘(12A) ‘debt for child support’ means a debt of a kind

specified in section 523(a)(5) of this title for maintenance or

support of a child of the debtor;’’.

(b) RELIEF FROM AUTOMATIC STAY.—Section 362(b)(2) of title

11, United States Code, is amended to read as follows:

‘‘(2) under subsection (a) of this section—

‘‘(A) of the commencement or continuation of an action

or proceeding for—

‘‘(i) the establishment of paternity; or

‘‘(ii) the establishment or modification of an order

for alimony, maintenance, or support; or

‘‘(B) of the collection of alimony, maintenance, or support from property that is not property of the estate;’’.

(c) PRIORITY OF CLAIMS.—Section 507(a) of title 11, United

States Code, is amended—

(1) in paragraph (8) by striking ‘‘(8) Eighth’’ and inserting

‘‘(9) Ninth’’,

(2) in paragraph (7) by striking ‘‘(7) Seventh’’ and inserting

‘‘(8) Eighth’’, and

(3) by inserting after paragraph (6) the following:

‘‘(7) Seventh, allowed claims for debts to a spouse, former

spouse, or child of the debtor, for alimony to, maintenance

for, or support of such spouse or child, in connection with

a separation agreement, divorce decree or other order of a

court of record, determination made in accordance with State
H. R. 5116—28

or territorial law by a governmental unit, or property settlement

agreement, but not to the extent that such debt—

‘‘(A) is assigned to another entity, voluntarily, by operation of law, or otherwise; or

‘‘(B) includes a liability designated as alimony, maintenance, or support, unless such liability is actually in the

nature of alimony, maintenance or support.’’.

(d) PROTECTION OF LIENS.—Section 522(f)(1)(A) of title 11,

United States Code, as amended by section 303, is amended by

inserting after ‘‘lien’’ the following:

‘‘, other than a judicial lien that secures a debt—

‘‘(i) to a spouse, former spouse, or child of the debtor,

for alimony to, maintenance for, or support of such spouse

or child, in connection with a separation agreement, divorce

decree or other order of a court of record, determination

made in accordance with State or territorial law by a

governmental unit, or property settlement agreement; and

‘‘(ii) to the extent that such debt—

‘‘(I) is not assigned to another entity, voluntarily,

by operation of law, or otherwise; and

‘‘(II) includes a liability designated as alimony,

maintenance, or support, unless such liability is actually in the nature of alimony, maintenance or support.’’.

(e) EXCEPTION TO DISCHARGE.—Section 523 of title 11, United

States Code, as amended by section 221, is amended by adding

at the end the following:

‘‘(15) not of the kind described in paragraph (5) that is

incurred by the debtor in the course of a divorce or separation

or in connection with a separation agreement, divorce decree

or other order of a court of record, a determination made

in accordance with State or territorial law by a governmental

unit unless—

‘‘(A) the debtor does not have the ability to pay such

debt from income or property of the debtor not reasonably

necessary to be expended for the maintenance or support

of the debtor or a dependent of the debtor and, if the

debtor is engaged in a business, for the payment of expenditures necessary for the continuation, preservation, and

operation of such business; or

‘‘(B) discharging such debt would result in a benefit

to the debtor that outweighs the detrimental consequences

to a spouse, former spouse, or child of the debtor;’’, and

(2) in subsection (c)(1) by striking ‘‘or (6)’’ each place it appears and inserting ‘‘(6), or (15)’’.

(f) PROTECTION AGAINST TRUSTEE AVOIDANCE.—Section 547(c)

of title 11, United States Code, is amended—

(1) in paragraph (6) by striking ‘‘or’’ at the end,

(2) by redesignating paragraph (7) as paragraph (8), and

(3) by inserting after paragraph (6) the following:

‘‘(7) to the extent such transfer was a bona fide payment

of a debt to a spouse, former spouse, or child of the debtor,

for alimony to, maintenance for, or support of such spouse

or child, in connection with a separation agreement, divorce

decree or other order of a court of record, determination made

in accordance with State or territorial law by a governmental

unit, or property settlement agreement, but not to the extent

that such debt—
H. R. 5116—29

‘‘(A) is assigned to another entity, voluntarily, by operation of law, or otherwise; or

‘‘(B) includes a liability designated as alimony, maintenance, or support, unless such liability is actually in the

nature of alimony, maintenance or support; or’’.

(g) APPEARANCE BEFORE COURT.—Child support creditors or

their representatives shall be permitted to appear and intervene

without charge, and without meeting any special local court rule

requirement for attorney appearances, in any bankruptcy case or

proceeding in any bankruptcy court or district court of the United

States if such creditors or representatives file a form in such court

that contains information detailing the child support debt, its status,

and other characteristics.

(h) CONFORMING AMENDMENTS.—Title 11 of the United States

Code is amended—

(1) in section 502(i) by striking ‘‘507(a)(7)’’ and inserting

‘‘507(a)(8)’’,

(2) in section 503(b)(1)(B)(i) by striking ‘‘507(a)(7)’’ and

inserting ‘‘507(a)(8)’’,

(3) in section 523(a)(1)(A) by striking ‘‘507(a)(7)’’ and inserting ‘‘507(a)(8)’’,

(4) in section 724(b)(2) by striking ‘‘or 507(a)(6)’’ and inserting ‘‘507(a)(6), or 507(a)(7)’’,

(5) in section 726(b) by striking ‘‘or (7)’’ and inserting

‘‘, (7), or (8)’’,

(6) in section 1123(a)(1) by striking ‘‘507(a)(7)’’ and inserting ‘‘507(a)(8)’’,

(7) in section 1129(a)(9)—

(i) in subparagraph (B) by striking ‘‘or 507(a)(6)’’ and

inserting ‘‘, 507(a)(6), or 507(a)(7)’’, and

(ii) in subparagraph (C) by striking ‘‘507(a)(7)’’ and

inserting ‘‘507(a)(8)’’.

SEC. 305. INTEREST ON INTEREST.

(a) CHAPTER 11.—Section 1123 of title 11, United States Code,

is amended by adding at the end the following:

‘‘(d) Notwithstanding subsection (a) of this section and sections

506(b), 1129(a)(7), and 1129(b) of this title, if it is proposed in

a plan to cure a default the amount necessary to cure the default

shall be determined in accordance with the underlying agreement

and applicable nonbankruptcy law.’’.

(b) CHAPTER 12.—Section 1222 of title 11, United States Code,

is amended by adding at the end the following:

‘‘(d) Notwithstanding subsection (b)(2) of this section and sections 506(b) and 1225(a)(5) of this title, if it is proposed in a

plan to cure a default, the amount necessary to cure the default,

shall be determined in accordance with the underlying agreement

and applicable nonbankruptcy law.’’.

(c) CHAPTER 13.—Section 1322 of title 11, United States Code,

is amended by adding at the end the following:

‘‘(e) Notwithstanding subsection (b)(2) of this section and sections 506(b) and 1325(a)(5) of this title, if it is proposed in a

plan to cure a default, the amount necessary to cure the default,

shall be determined in accordance with the underlying agreement

and applicable nonbankruptcy law.’’.
H. R. 5116—30

SEC. 306. EXCEPTION TO DISCHARGE.

Section 523(a)(2)(C) of title 11, United States Code, is

amended—

(1) by striking ‘‘$500’’ and inserting ‘‘$1,000’’,

(2) by striking ‘‘forty’’ and inserting ‘‘60’’, and

(3) by striking ‘‘twenty’’ and inserting ‘‘60’’.

SEC. 307. PAYMENTS UNDER CHAPTER 13.

Section 1326(a)(2) of title 11, United States Code, is amended

in the second sentence by striking the period and inserting ‘‘as

soon as practicable.’’.

SEC. 308. BANKRUPTCY PETITION PREPARERS.

(a) AMENDMENT OF CHAPTER 1.—Chapter 1 of title 11, United

States Code, is amended by adding at the end the following:

‘‘§ 110. Penalty for persons who negligently or fraudulently

prepare bankruptcy petitions

‘‘(a) In this section—

‘‘(1) ‘bankruptcy petition preparer’ means a person, other

than an attorney or an employee of an attorney, who prepares

for compensation a document for filing; and

‘‘(2) ‘document for filing’ means a petition or any other

document prepared for filing by a debtor in a United States

bankruptcy court or a United States district court in connection

with a case under this title.

‘‘(b)(1) A bankruptcy petition preparer who prepares a document

for filing shall sign the document and print on the document the

preparer’s name and address.

‘‘(2) A bankruptcy petition preparer who fails to comply with

paragraph (1) may be fined not more than $500 for each such

failure unless the failure is due to reasonable cause.

‘‘(c)(1) A bankruptcy petition preparer who prepares a document

for filing shall place on the document, after the preparer’s signature,

an identifying number that identifies individuals who prepared

the document.

‘‘(2) For purposes of this section, the identifying number of

a bankruptcy petition preparer shall be the Social Security account

number of each individual who prepared the document or assisted

in its preparation.

‘‘(3) A bankruptcy petition preparer who fails to comply with

paragraph (1) may be fined not more than $500 for each such

failure unless the failure is due to reasonable cause.

‘‘(d)(1) A bankruptcy petition preparer shall, not later than

the time at which a document for filing is presented for the debtor’s

signature, furnish to the debtor a copy of the document.

‘‘(2) A bankruptcy petition preparer who fails to comply with

paragraph (1) may be fined not more than $500 for each such

failure unless the failure is due to reasonable cause.

‘‘(e)(1) A bankruptcy petition preparer shall not execute any

document on behalf of a debtor.

‘‘(2) A bankruptcy petition preparer may be fined not more

than $500 for each document executed in violation of paragraph

(1).

‘‘(f)(1) A bankruptcy petition preparer shall not use the word

‘legal’ or any similar term in any advertisements, or advertise
H. R. 5116—31

under any category that includes the word ‘legal’ or any similar

term.

‘‘(2) A bankruptcy petition preparer shall be fined not more

than $500 for each violation of paragraph (1).

‘‘(g)(1) A bankruptcy petition preparer shall not collect or

receive any payment from the debtor or on behalf of the debtor

for the court fees in connection with filing the petition.

‘‘(2) A bankruptcy petition preparer shall be fined not more

than $500 for each violation of paragraph (1).

‘‘(h)(1) Within 10 days after the date of the filing of a petition,

a bankruptcy petition preparer shall file a declaration under penalty

of perjury disclosing any fee received from or on behalf of the

debtor within 12 months immediately prior to the filing of the

case, and any unpaid fee charged to the debtor.

‘‘(2) The court shall disallow and order the immediate turnover

to the bankruptcy trustee of any fee referred to in paragraph

(1) found to be in excess of the value of services rendered for

the documents prepared. An individual debtor may exempt any

funds so recovered under section 522(b).

‘‘(3) The debtor, the trustee, a creditor, or the United States

trustee may file a motion for an order under paragraph (2).

‘‘(4) A bankruptcy petition preparer shall be fined not more

than $500 for each failure to comply with a court order to turn

over funds within 30 days of service of such order.

‘‘(i)(1) If a bankruptcy case or related proceeding is dismissed

because of the failure to file bankruptcy papers, including papers

specified in section 521(1) of this title, the negligence or intentional

disregard of this title or the Federal Rules of Bankruptcy Procedure

by a bankruptcy petition preparer, or if a bankruptcy petition

preparer violates this section or commits any fraudulent, unfair,

or deceptive act, the bankruptcy court shall certify that fact to

the district court, and the district court, on motion of the debtor,

the trustee, or a creditor and after a hearing, shall order the

bankruptcy petition preparer to pay to the debtor—

‘‘(A) the debtor’s actual damages;

‘‘(B) the greater of—

‘‘(i) $2,000; or

‘‘(ii) twice the amount paid by the debtor to the bankruptcy petition preparer for the preparer’s services; and

‘‘(C) reasonable attorneys’ fees and costs in moving for

damages under this subsection.

‘‘(2) If the trustee or creditor moves for damages on behalf

of the debtor under this subsection, the bankruptcy petition preparer shall be ordered to pay the movant the additional amount

of $1,000 plus reasonable attorneys’ fees and costs incurred.

‘‘(j)(1) A debtor for whom a bankruptcy petition preparer has

prepared a document for filing, the trustee, a creditor, or the United

States trustee in the district in which the bankruptcy petition

preparer resides, has conducted business, or the United States

trustee in any other district in which the debtor resides may bring

a civil action to enjoin a bankruptcy petition preparer from engaging

in any conduct in violation of this section or from further acting

as a bankruptcy petition preparer.

‘‘(2)(A) In an action under paragraph (1), if the court finds

that—

‘‘(i) a bankruptcy petition preparer has—
H. R. 5116—32

‘‘(I) engaged in conduct in violation of this section or of any provision of this title a violation of which subjects

a person to criminal penalty; ‘‘(II) misrepresented the preparer’s experience or education as a bankruptcy petition preparer; or ‘‘(III) engaged in any other fraudulent, unfair, or decep- tive conduct; and

‘‘(ii) injunctive relief is appropriate to prevent the recur- rence of such conduct,

the court may enjoin the bankruptcy petition preparer from engaging in such conduct. ‘‘(B) If the court finds that a bankruptcy petition preparer has continually engaged in conduct described in subclause (I), (II),

or (III) of clause (i) and that an injunction prohibiting such conduct

would not be sufficient to prevent such person’s interference with

the proper administration of this title, or has not paid a penalty

imposed under this section, the court may enjoin the person from

acting as a bankruptcy petition preparer. ‘‘(3) The court shall award to a debtor, trustee, or creditor

that brings a successful action under this subsection reasonable

attorney’s fees and costs of the action, to be paid by the bankruptcy

petition preparer. ‘‘(k) Nothing in this section shall be construed to permit activi- ties that are otherwise prohibited by law, including rules and laws

that prohibit the unauthorized practice of law.’’. (b) The chapter analysis for chapter 1 of title 11, United States Code, is amended by adding at the end the following new item:

‘‘110. Penalty for persons who negligently or fraudulently prepare bankruptcy petitions.’’.

SEC. 309. FAIRNESS TO CONDOMINIUM AND COOPERATIVE OWNERS.

Section 523(a) of title 11, United States Code, as amended

by sections 221 and 304, is amended by adding at the end the

following:‘‘(16) for a fee or assessment that becomes due and payable after the order for relief to a membership association with

respect to the debtor’s interest in a dwelling unit that has

condominium ownership or in a share of a cooperative housing

corporation, but only if such fee or assessment is payable for

a period during which— ‘‘(A) the debtor physically occupied a dwelling unit

in the condominium or cooperative project; or

‘‘(B) the debtor rented the dwelling unit to a tenant

and received payments from the tenant for such period,

but nothing in this paragraph shall except from discharge the

debt of a debtor for a membership association fee or assessment

for a period arising before entry of the order for relief in

a pending or subsequent bankruptcy case.’’.

SEC. 310. NONAVOIDABILITY OF FIXING OF LIEN ON TOOLS AND

IMPLEMENTS OF TRADE, ANIMALS, AND CROPS.

Section 522(f) of title 11, United States Code, as amended

by sections 303 and 304, is amended—

(1) in paragraph (1) by inserting ‘‘but subject to paragraph

(3)’’ after ‘‘waiver of exemptions’’, and

(2) by adding at the end the following:

‘‘(3) In a case in which State law that is applicable to the

debtor—
H. R. 5116—33

‘‘(A) permits a person to voluntarily waive a right to claim exemptions under subsection (d) or prohibits a debtor from

claiming exemptions under subsection (d); and ‘‘(B) either permits the debtor to claim exemptions under

State law without limitation in amount, except to the extent

that the debtor has permitted the fixing of a consensual lien

on any property or prohibits avoidance of a consensual lien

on property otherwise eligible to be claimed as exempt property; the debtor may not avoid the fixing of a lien on an interest of

the debtor or a dependent of the debtor in property if the lien

is a nonpossessory, nonpurchase-money security interest in implements, professional books, or tools of the trade of the debtor or

a dependent of the debtor or farm animals or crops of the debtor

or a dependent of the debtor to the extent the value of such

implements, professional books, tools of the trade, animals, and

crops exceeds $5,000.’’.

SEC. 311. CONVERSION OF CASE UNDER CHAPTER 13.

Section 348 of title 11, United States Code, is amended by adding at the end the following: ‘‘(f)(1) Except as provided in paragraph (2), when a case under chapter 13 of this title is converted to a case under another chapter

under this title—

‘‘(A) property of the estate in the converted case shall consist of property of the estate, as of the date of filing of

the petition, that remains in the possession of or is under

the control of the debtor on the date of conversion; and

‘‘(B) valuations of property and of allowed secured claims in the chapter 13 case shall apply in the converted case, with

allowed secured claims reduced to the extent that they have

been paid in accordance with the chapter 13 plan.

‘‘(2) If the debtor converts a case under chapter 13 of this

title to a case under another chapter under this title in bad faith,

the property in the converted case shall consist of the property

of the estate as of the date of conversion.’’.

SEC. 312. BANKRUPTCY FRAUD.

(a) IN GENERAL.— (1) OFFENSES.—Chapter 9 of title 18, United States Code,

is amended—

(A) by amending sections 152, 153, and 154 to read

as follows:

‘‘§ 152. Concealment of assets; false oaths and claims; bribery

‘‘A person who—

‘‘(1) knowingly and fraudulently conceals from a custodian,

trustee, marshal, or other officer of the court charged with

the control or custody of property, or, in connection with a

case under title 11, from creditors or the United States Trustee,

any property belonging to the estate of a debtor;

‘‘(2) knowingly and fraudulently makes a false oath or

account in or in relation to any case under title 11;

‘‘(3) knowingly and fraudulently makes a false declaration,

certificate, verification, or statement under penalty of perjury

as permitted under section 1746 of title 28, in or in relation

to any case under title 11;

‘‘(4) knowingly and fraudulently presents any false claim

for proof against the estate of a debtor, or uses any such
H. R. 5116—34

claim in any case under title 11, in a personal capacity or

as or through an agent, proxy, or attorney;

‘‘(5) knowingly and fraudulently receives any material

amount of property from a debtor after the filing of a case

under title 11, with intent to defeat the provisions of title

11;

‘‘(6) knowingly and fraudulently gives, offers, receives, or

attempts to obtain any money or property, remuneration, compensation, reward, advantage, or promise thereof for acting

or forbearing to act in any case under title 11;

‘‘(7) in a personal capacity or as an agent or officer of

any person or corporation, in contemplation of a case under

title 11 by or against the person or any other person or corporation, or with intent to defeat the provisions of title 11, knowingly and fraudulently transfers or conceals any of his property

or the property of such other person or corporation;

‘‘(8) after the filing of a case under title 11 or in contemplation thereof, knowingly and fraudulently conceals, destroys,

mutilates, falsifies, or makes a false entry in any recorded

information (including books, documents, records, and papers)

relating to the property or financial affairs of a debtor; or

‘‘(9) after the filing of a case under title 11, knowingly

and fraudulently withholds from a custodian, trustee, marshal,

or other officer of the court or a United States Trustee entitled

to its possession, any recorded information (including books,

documents, records, and papers) relating to the property or

financial affairs of a debtor,

shall be fined not more than $5,000, imprisoned not more than

5 years, or both.

‘‘§ 153. Embezzlement against estate

‘‘(a) OFFENSE.—A person described in subsection (b) who knowingly and fraudulently appropriates to the person’s own use, embezzles, spends, or transfers any property or secretes or destroys any

document belonging to the estate of a debtor shall be fined not

more than $5,000, imprisoned not more than 5 years, or both.

‘‘(b) PERSON TO WHOM SECTION APPLIES.—A person described

in this subsection is one who has access to property or documents

belonging to an estate by virtue of the person’s participation in

the administration of the estate as a trustee, custodian, marshal,

attorney, or other officer of the court or as an agent, employee,

or other person engaged by such an officer to perform a service

with respect to the estate.

‘‘§ 154. Adverse interest and conduct of officers

‘‘A person who, being a custodian, trustee, marshal, or other

officer of the court—

‘‘(1) knowingly purchases, directly or indirectly, any property of the estate of which the person is such an officer in

a case under title 11;

‘‘(2) knowingly refuses to permit a reasonable opportunity

for the inspection by parties in interest of the documents and

accounts relating to the affairs of estates in the person’s charge

by parties when directed by the court to do so; or

‘‘(3) knowingly refuses to permit a reasonable opportunity

for the inspection by the United States Trustee of the docu-
H. R. 5116—35

ments and accounts relating to the affairs of an estate in

the person’s charge,

shall be fined not more than $5,000 and shall forfeit the person’s

office, which shall thereupon become vacant.’’; and

(B) by adding at the end the following:

‘‘§ 156. Knowing disregard of bankruptcy law or rule

‘‘(a) DEFINITIONS.—In this section— ‘‘ ‘bankruptcy petition preparer’ means a person, other than

the debtor’s attorney or an employee of such an attorney, who

prepares for compensation a document for filing. ‘‘ ‘document for filing’ means a petition or any other document prepared for filing by a debtor in a United States bankruptcy court or a United States district court in connection

with a case under this title.

‘‘(b) OFFENSE.—If a bankruptcy case or related proceeding is

dismissed because of a knowing attempt by a bankruptcy petition

preparer in any manner to disregard the requirements of title

11, United States Code, or the Federal Rules of Bankruptcy Procedure, the bankruptcy petition preparer shall be fined under this

title, imprisoned not more than 1 year, or both.

‘‘§ 157. Bankruptcy fraud

‘‘A person who, having devised or intending to devise a scheme

or artifice to defraud and for the purpose of executing or concealing

such a scheme or artifice or attempting to do so—

‘‘(1) files a petition under title 11;

‘‘(2) files a document in a proceeding under title 11; or

‘‘(3) makes a false or fraudulent representation, claim, or

promise concerning or in relation to a proceeding under title

11, at any time before or after the filing of the petition, or

in relation to a proceeding falsely asserted to be pending under

such title,

shall be fined under this title, imprisoned not more than 5 years,

or both.’’.

(2) TECHNICAL AMENDMENTS.—The chapter analysis for

chapter 9 of title 18, United States Code, is amended—

(A) by amending the item relating to section 153 to

read as follows:

‘‘Sec. 153. Embezzlement against estate.’’;

and

(B) by adding at the end the following new items:

‘‘Sec. 156. Knowing disregard of bankruptcy law or rule.

‘‘Sec. 157. Bankruptcy fraud.’’.

(b) RICO.—Section 1961(1)(D) of title 18, United States Code,

is amended by inserting ‘‘(except a case under section 157 of that

title)’’ after ‘‘title 11’’.

SEC. 313. PROTECTION AGAINST DISCRIMINATORY TREATMENT OF

APPLICATIONS FOR STUDENT LOANS.

Section 525 of title 11, United States Code, is amended by

adding at the end the following: ‘‘(c)(1) A governmental unit that operates a student grant or

loan program and a person engaged in a business that includes

the making of loans guaranteed or insured under a student loan

program may not deny a grant, loan, loan guarantee, or loan insurance to a person that is or has been a debtor under this title
H. R. 5116—36

or a bankrupt or debtor under the Bankruptcy Act, or another

person with whom the debtor or bankrupt has been associated,

because the debtor or bankrupt is or has been a debtor under

this title or a bankrupt or debtor under the Bankruptcy Act, has

been insolvent before the commencement of a case under this title

or during the pendency of the case but before the debtor is granted

or denied a discharge, or has not paid a debt that is dischargeable

in the case under this title or that was discharged under the

Bankruptcy Act.

‘‘(2) In this section, ‘student loan program’ means the program

operated under part B, D, or E of title IV of the Higher Education

Act of 1965 or a similar program operated under State or local

law.’’.

TITLE IV—GOVERNMENTAL

BANKRUPTCY ISSUES

SEC. 401. EXCEPTION FROM AUTOMATIC STAY FOR POST-PETITION

PROPERTY TAXES.

Section 362(b) of title 11, United States Code, is amended

by inserting after paragraph (16) the following:

‘‘(18) under subsection (a) of the creation or perfection

of a statutory lien for an ad valorem property tax imposed

by the District of Columbia, or a political subdivision of a

State, if such tax comes due after the filing of the petition.’’.

SEC. 402. MUNICIPAL BANKRUPTCY.

Section 109(c)(2) of title 11, United States Code, is amended

by striking ‘‘generally authorized’’ and inserting ‘‘specifically authorized, in its capacity as a municipality or by name,’’.

TITLE V—TECHNICAL CORRECTIONS

SEC. 501. AMENDMENTS TO BANKRUPTCY DEFINITIONS, NECESSITATED BY ENACTMENT OF PUBLIC LAW 101–647.

(a) ALPHABETIZING AND REDESIGNATING DEFINITIONS.—Section

101 of title 11 of the United States Code, as amended by sections

208, 217, 218, and 304, is amended—

(1) by redesignating paragraph (3) as paragraph (21B) and

transferring such paragraph so as to insert it after paragraph

(21A),

(2) by redesignating paragraph (39) as paragraph (51A)

and transferring such paragraph so as to insert it after paragraph (51), (3) by redesignating paragraphs (54) through (57), as so redesignated by section 2522(e) of Public Law 101–647, as

paragraphs (53A) through (53D), respectively, (4) by redesignating paragraph (56) as in effect immediately

before the enactment of Public Law 101–647, as paragraph

(35A) and transferring such paragraph so as to insert it after

paragraph (35), and

(5) by redesignating paragraph (57), as in effect immediately before the enactment of Public Law 101–647, as paragraph (39) and transferring such paragraph so as to insert

it after paragraph (38).
H. R. 5116—37

(b) CONFORMING AND RELATED AMENDMENTS TO TITLE 11 OF

THE UNITED STATES CODE, BASED ON REDESIGNATED DEFINITIONS.—

(1) Section 101 of title 11 of the United States Code, as amended

by subsection (a), is amended—

(A) in paragraph (6) by striking ‘‘section 761(9)’’ and inserting ‘‘section 761’’,

(B) in paragraph (22) by striking ‘‘section 741(7)’’ and

inserting ‘‘section 741’’,

(C) in paragraph (35)(B) by striking ‘‘paragraphs (3)’’ and

inserting ‘‘paragraphs (21B)’’,

(D) in paragraph (49)(B)(ii) by striking ‘‘section 761(13)’’

and inserting ‘‘section 761’’, and

(E) in paragraph (53A)(A), as so redesignated, by striking

‘‘section 741(2)’’ and inserting ‘‘section 741’’.

(2) Section 362(b) of title 11, United States Code, is amended—

(A) in paragraph (6)—

(i) by striking ‘‘section 761(4)’’ and inserting ‘‘section

761’’,

(ii) by striking ‘‘section 741(7)’’ and inserting ‘‘section

741’’,

(iii) by striking ‘‘section 101(34), 741(5), or 761(15)’’

and inserting ‘‘section 101, 741, or 761’’, and

(iv) by striking ‘‘section 101(35) or 741(8)’’ and inserting

‘‘section 101 or 741’’, and

(B) in paragraph (7)—

(i) by striking ‘‘section 741(5) or 761(15)’’ and inserting

‘‘section 741 or 761’’, and

(ii) by striking ‘‘section 741(8)’’ and inserting ‘‘section

741’’.

(3) Section 507(a)(5) of title 11, United States Code, is

amended—

(A) by striking ‘‘section 557(b)(1)’’ and inserting ‘‘section

557(b)’’, and

(B) by striking ‘‘section 557(b)(2)’’ and inserting ‘‘section

557(b)’’.

(4) Section 546 of title 11, United States Code, is amended—

(A) in subsection (e)—

(i) by striking ‘‘section 101(34), 741(5), or 761(15)’’ and

inserting ‘‘section 101, 741, or 761’’, and

(ii) by striking ‘‘section 101(35) or 741(8)’’ and inserting

‘‘section 101 or 741’’, and

(B) in subsection (f)—

(i) by striking ‘‘section 741(5) or 761(15)’’ and inserting

‘‘section 741 or 761’’, and

(ii) by striking ‘‘section 741(8)’’ and inserting ‘‘section

741’’.

(5) Section 548(d)(2) of title 11, United States Code, is

amended—

(A) in subparagraph (B)—

(i) by striking ‘‘section 101(34), 741(5) or 761(15)’’ and

inserting ‘‘section 101, 741, or 761’’, and

(ii) by striking ‘‘section 101(35) or 741(8)’’ and inserting

‘‘section 101 or 741’’, and

(B) in subparagraph (C)—

(i) by striking ‘‘section 741(5) or 761(15)’’ and inserting

‘‘section 741 or 761’’, and
H. R. 5116—38

(ii) by striking ‘‘section 741(8)’’ and inserting ‘‘section

741’’.

(6) Section 555 of title 11, United States Code, is amended

by striking ‘‘section 741(7)’’ and inserting ‘‘section 741 of this title’’.

(7) Section 556 of title 11, United States Code, is amended

by striking ‘‘section 761(4)’’ and inserting ‘‘section 761 of this title’’.

(c) CONFORMING AMENDMENTS TO OTHER LAWS BASED ON

REDESIGNATED DEFINITIONS.—(1) Section 207(c)(8)(D) of the Federal

Credit Union Act (12 U.S.C. 1787(c)(8)(D)) is amended—

(A) in clause (ii)(I) by striking ‘‘section 741(7)’’ and inserting

‘‘section 741’’,

(B) in clause (iii) by striking ‘‘section 101(24)’’ and inserting

‘‘section 101’’,

(C) in clause (iv)(I) by striking ‘‘section 101(41)’’ and inserting ‘‘section 101’’, and

(D) in clause (v) by striking ‘‘section 101(50)’’ and inserting

‘‘section 101’’.

(2) Section 11(e)(8)(D) of the Federal Deposit Insurance Act

(12 U.S.C. 1821(e)(8)(D)) is amended—

(A) in clause (ii)(I) by striking ‘‘section 741(7)’’ and inserting

‘‘section 741’’,

(B) in clause (iii) by striking ‘‘section 761(4)’’ and inserting

‘‘section 761’’,

(C) in clause (iv) by striking ‘‘section 101(24)’’ and inserting

‘‘section 101’’,

(D) in clause (v)(I) by striking ‘‘section 101(41)’’ and inserting ‘‘section 101’’, and

(E) in clause (viii) by striking ‘‘section 101(50)’’ and inserting ‘‘section 101’’.

(d) OTHER TECHNICAL AMENDMENTS.—Title 11 of the United

States Code is amended—

(1) in section 101—

(A) in paragraph (33)—

(i) in subparagraph (A) by striking ‘‘(12 U.S.C.

1813(u))’’, and

(ii) in subparagraph (B) by striking ‘‘(12 U.S.C.

1786(r))’’,

(B) in paragraph (34) by striking ‘‘(12 U.S.C. 1752(7))’’,

(C) in paragraph (35)(A) by striking ‘‘(12 U.S.C.

1813(c)(2))’’,

(D) in paragraph (48)—

(i) by striking ‘‘(15 U.S.C. 78q-1)’’, and

(ii) by striking ‘‘(15 U.S.C. 78c(12))’’,

(E) in paragraph (49)—

(i) in subparagraph (A)(xii)—

(I) by striking ‘‘(15 U.S.C. 77a et seq.)’’, and

(II) by striking ‘‘(15 U.S.C. 77c(b))’’, and

(ii) in subparagraph (B)(vi) by striking ‘‘(15 U.S.C.

77c(b))’’, and

(F) in paragraph (53D), as so redesignated by subsection (a), by striking the period at the end and inserting

a semicolon,

(2) in section 109(b)(2) by striking ‘‘(12 U.S.C. 1813(h))’’,

(3) in section 322(a) by striking ‘‘1302, or 1202’’ and inserting ‘‘1202, or 1302’’,

(4) in section 346—
H. R. 5116—39

(A) in subsection (a) by striking ‘‘Internal Revenue

Code of 1954 (26 U.S.C. 1 et seq.)’’ and inserting ‘‘Internal

Revenue Code of 1986’’, and

(B) in subsection (g)(1)(C) by striking ‘‘Internal Revenue Code of 1954 (26 U.S.C. 371)’’ and inserting ‘‘Internal

Revenue Code of 1986’’,

(5) in section 348—

(A) in subsection (b) by striking ‘‘1301(a), 1305(a),

1201(a), 1221, and 1228(a)’’ and inserting ‘‘1201(a), 1221,

1228(a), 1301(a), and 1305(a)’’, and

(B) in subsections (b), (c), (d), and (e) by striking ‘‘1307,

or 1208’’ each place it appears and inserting ‘‘1208, or

1307’’,

(6) in section 349(a) by striking ‘‘109(f)’’ and inserting

‘‘109(g)’’,

(7) in section 362—

(A) in subsection (a) by striking ‘‘(15 U.S.C.

78eee(a)(3))’’, and

(B) in subsection (b)—

(i) by striking ‘‘(15 U.S.C. 78eee(a)(3))’’,

(ii) in paragraph (10) by striking ‘‘or’’ at the end,

(iii) in paragraph (12)—

(I) by striking ‘‘the Ship Mortgage Act, 1920

(46 App. U.S.C. 911 et seq.)’’ and inserting ‘‘section

31325 of title 46’’, and

(II) by striking ‘‘(46 App. U.S.C. 1117 and

1271 et seq., respectively)’’,

(iv) in paragraph (13)— (I) by striking ‘‘the Ship Mortgage Act, 1920 (46 App. U.S.C. 911 et seq.)’’ each place it appears

and inserting ‘‘section 31325 of title 46’’, (II) by striking ‘‘(46 App. U.S.C. 1117 and 1271 et seq., respectively)’’, and (III) by striking ‘‘or’’ at the end, (v) in paragraph (15), as added by Public Law

101–508, by striking ‘‘or’’ at the end, (vi) in paragraph (16), as added by Public Law

101–508—

(I) by striking ‘‘(20 U.S.C. 1001 et seq.)’’, and

(II) by striking the period at the end and

inserting a semicolon, and

(vii) in paragraph (14), as added by Public Law

101–311—

(I) by striking the period at the end and inserting ‘‘; or’’,

(II) by redesignating such paragraph as paragraph (17), and

(III) by transferring such paragraph so as to

insert such paragraph after paragraph (16),

(8) in section 363—

(A) in subsection (b)(2) by striking ‘‘(15 U.S.C. 18a)’’,

and

(B) in subsection (c)(1) by striking ‘‘1304, 1203, or

1204’’ and inserting ‘‘1203, 1204, or 1304’’,

(9) in section 364—

(A) in subsection (a) by striking ‘‘1304, 1203, or 1204’’

and inserting ‘‘1203, 1204, or 1304’’, and
H. R. 5116—40

(B) in subsection (f)—

(i) by striking ‘‘(15 U.S.C. 77e)’’, and

(ii) by striking ‘‘(15 U.S.C. 77aaa et seq.)’’,

(10) in section 365—

(A) in subsection (d)(6)(C) by striking ‘‘the Federal

Aviation Act of 1958 (49 U.S.C. 1301)’’ and inserting ‘‘section 40102 of title 49’’,

(B) in subparagraphs (A) and (B) of subsection (g)(2)

by striking ‘‘1307, or 1208’’ each place it appears and inserting ‘‘1208, or 1307’’,

(C) in subsection (n)(1)(B) by striking ‘‘to to’’ and inserting ‘‘to’’,

(D) in subsection (o) by striking ‘‘the Federal’’ the first

place it appears and all that follows through ‘‘successors,’’,

and inserting ‘‘a Federal depository institutions regulatory

agency (or predecessor to such agency)’’, and

(E) by striking subsection (p),

(11) in section 507, as amended by section 304—

(A) in subsection (a)(9) by striking ‘‘the Federal’’ the

first place it appears and all that follows through ‘‘successors,’’, and inserting ‘‘a Federal depository institutions regulatory agency (or predecessor to such agency)’’, and

(B) in subsection (d) by striking ‘‘or (a)(6)’’ and inserting

‘‘(a)(6), (a)(7), (a)(8), or (a)(9)’’,

(12) in section 522—

(A) in subsection (b) by striking ‘‘Bankruptcy Rules’’

and inserting ‘‘Federal Rules of Bankruptcy Procedure’’,

and

(B) in subsection (d)(10)(E)(iii)—

(i) by striking ‘‘408, or 409’’ the first place it

appears and inserting ‘‘or 408’’, and

(ii) by striking ‘‘Internal Revenue Code of 1954

(26 U.S.C. 401(a), 403(a), 403(b), 408, or 409)’’ and

inserting ‘‘Internal Revenue Code of 1986’’,

(13) in section 523—

(A) in subsection (a)—

(i) by striking ‘‘1141,,’’ and inserting ‘‘1141,’’, and

(ii) in paragraph (2)(C) by striking ‘‘(15 U.S.C.

1601 et seq.)’’,

(B) in subsection (b)—

(i) by striking ‘‘(20 U.S.C. 1087–3)’’, and

(ii) by striking ‘‘(42 U.S.C. 294f)’’, and

(C) in subsection (e) by striking ‘‘depository institution

or insured credit union’’ and inserting ‘‘insured depository

institution’’,

(14) in section 524—

(A) in subsection (a)(3) by striking ‘‘1328(c)(1)’’ and

inserting ‘‘1328(a)(1)’’,

(B) in subsection (c)(4) by striking ‘‘recission’’ and

inserting ‘‘rescission’’, and

(C) in subsection (d)(1)(B)(ii) by adding ‘‘and’’ at the

end,

(15) in section 525(a)—

(A) by striking ‘‘(7 U.S.C. 499a–499s)’’,

(B) by striking ‘‘(7 U.S.C. 181–229)’’, and

(C) by striking ‘‘(57 Stat. 422; 7 U.S.C. 204)’’,
H. R. 5116—41

(16) in section 542(e) by striking ‘‘to to’’ and inserting

‘‘to’’,

(17) in section 543(d)(1) by striking ‘‘section,’’ and inserting

‘‘section’’,

(18) in section 549(b) inserting ‘‘the trustee may not avoid

under subsection (a) of this section’’ after ‘‘involuntary case,’’,

(19) in section 553—

(A) in subsection (a)(1) by striking ‘‘other than under

section 502(b)(3) of this title’’, and

(B) in subsection (b)(1) by striking ‘‘362(b)(14),,’’ and

inserting ‘‘362(b)(14),’’,

(20) in section 555 by striking ‘‘(15 U.S.C. 78aaa et seq.)’’,

(21) in section 559 by striking ‘‘(15 U.S.C. 78aaa et seq.)’’,

(22) in section 706(a) by striking ‘‘1307, or 1208’’ and inserting ‘‘1208, or 1307’’,

(23) in section 724(d) by striking ‘‘Internal Revenue Code

of 1954 (26 U.S.C. 6323)’’ and inserting ‘‘Internal Revenue

Code of 1986’’,

(24) in section 726(b)—

(A) inserting a comma after ‘‘section 1112’’, and

(B) by inserting ‘‘1009,’’ after ‘‘chapter under section’’,

(25) in section 741(4)(A)(iii) by striking ‘‘(15 U.S.C. 78a

et seq.)’’,

(26) in section 742 by striking ‘‘(15 U.S.C. 78aaa et seq.)’’,

(27) in section 743 by striking ‘‘342(a)’’ and inserting ‘‘342’’,

(28) in section 745(c) by striking ‘‘Internal Revenue Code

of 1954 (26 U.S.C. 1 et seq.)’’ and inserting ‘‘Internal Revenue

Code of 1986’’,

(29) in section 761—

(A) in paragraph (1) by striking ‘‘(7 U.S.C. 1 et seq.)’’,

(B) in paragraph (5) by striking ‘‘(7 U.S.C. 6c(b))’’,

and

(C) in paragraph (13) by striking ‘‘(7 U.S.C. 23)’’, (30) in section 1104(d), as redesignated by section 211,

inserting a comma after ‘‘interest’’, (31) in section 1123(a)(1) inserting a comma after ‘‘title’’

the last place it appears,

(32) in section 1129—

(A) in subsection (a)—

(i) in paragraph (4) by striking the semicolon at

the end and inserting a period, and (ii) in paragraph (12) inserting ‘‘of title 28’’ after

‘‘section 1930’’, and

(B) in subsection (d) by striking ‘‘(15 U.S.C. 77e)’’, (33) in section 1145—

(A) in subsection (a)—

(i) by striking ‘‘does’’ and inserting ‘‘do’’,

(ii) by striking ‘‘(15 U.S.C. 77e)’’, and

(iii) in paragraph (3)(B)(i) by striking ‘‘(15 U.S.C.

78m or 78o(d))’’,

(B) in subsection (b)(1) by striking ‘‘(15 U.S.C.

77b(11))’’, and

(C) in subsection (d) by striking ‘‘(15 U.S.C. 77aaa

et seq.)’’,

(34) in section 1166(2) by striking ‘‘(45 U.S.C. 791(b))’’,

(35) in section 1167—

(A) by striking ‘‘(45 U.S.C. 151 et seq.)’’, and
H. R. 5116—42

(B) by striking ‘‘(45 U.S.C. 156)’’,

(36) in section 1226(b)(2)—

(A) by striking ‘‘1202(d)’’ and inserting ‘‘1202(c)’’, and

(B) by striking ‘‘1202(e)’’ and inserting ‘‘1202(d)’’,

(37) in section 1302(b)(3) by striking ‘‘and’’ at the end,

(38) in section 1328(a)—

(A) in paragraph (2) by striking ‘‘(5) or (8)’’ and inserting ‘‘(5), (8), or (9)’’, and

(B) by striking the last paragraph (3), and

(39) in the table of chapters by striking the item relating

to chapter 15.

SEC. 502. TITLE 28 OF THE UNITED STATES CODE.

Section 586(a)(3) of title 28, United States Code, is amended

in the matter preceding subparagraph (A) by inserting ‘‘12,’’ after

‘‘11,’’.

TITLE VI—BANKRUPTCY REVIEW

COMMISSION

SEC. 601. SHORT TITLE.

This title may be cited as the ‘‘National Bankruptcy Review

Commission Act’’.

SEC. 602. ESTABLISHMENT.

There is established the National Bankruptcy Review Commis- sion (referred to as the ‘‘Commission’’).

SEC. 603. DUTIES OF THE COMMISSION.

The duties of the Commission are—

(1) to investigate and study issues and problems relating to title 11, United States Code (commonly known as the ‘‘Bankruptcy Code’’); (2) to evaluate the advisability of proposals and current

arrangements with respect to such issues and problems; (3) to prepare and submit to the Congress, the Chief Justice, and the President a report in accordance with section

608; and

(4) to solicit divergent views of all parties concerned with

the operation of the bankruptcy system.

SEC. 604. MEMBERSHIP.

(a) NUMBER AND APPOINTMENT.—The Commission shall be composed of 9 members as follows:

(1) Three members appointed by the President, 1 of whom

shall be designated as chairman by the President.

(2) One member shall be appointed by the President pro

tempore of the Senate.

(3) One member shall be appointed by the Minority Leader

of the Senate.

(4) One member shall be appointed by the Speaker of

the House of Representatives.

(5) One member shall be appointed by the Minority Leader

of the House of Representatives.

(6) Two members appointed by the Chief Justice.
H. R. 5116—43

Members of Congress, and officers and employees of the executive

branch, shall be ineligible for appointment to the Commission. (b) TERM.—Members of the Commission shall be appointed

for the life of the Commission.

(c) QUORUM.—Five members of the Commission shall constitute

a quorum, but a lesser number may conduct meetings. (d) APPOINTMENT DEADLINE.—The first appointments made under subsection (a) shall be made within 60 days after the date

of enactment of this Act.

(e) FIRST MEETING.—The first meeting of the Commission shall be called by the chairman and shall be held within 210 days

after the date of enactment of this Act.

(f) VACANCY.—A vacancy on the Commission resulting from the death or resignation of a member shall not affect its powers

and shall be filled in the same manner in which the original

appointment was made. (g) CONTINUATION OF MEMBERSHIP.—If any member of the Commission who was appointed to the Commission as an officer

or employee of a government leaves that office, or if any member

of the Commission who was not appointed in such a capacity

becomes an officer or employee of a government, the member may

continue as a member of the Commission for not longer than the

90-day period beginning on the date the member leaves that office

or becomes such an officer or employee, as the case may be. (h) CONSULTATION PRIOR TO APPOINTMENT.—Prior to the

appointment of members of the Commission, the President, the

President pro tempore of the Senate, the Speaker of the House

of Representatives, and the Chief Justice shall consult with each

other to ensure fair and equitable representation of various points

of view in the Commission and its staff.

SEC. 605. COMPENSATION OF THE COMMISSION.

(a) PAY.— (1) NONGOVERNMENT EMPLOYEES.—Each member of the

Commission who is not otherwise employed by the United

States Government shall be entitled to receive the daily equivalent of the annual rate of basic pay payable for level IV of

the Executive Schedule under section 5315 of title 5, United

States Code, for each day (including travel time) during which

he or she is engaged in the actual performance of duties as

a member of the Commission.

(2) GOVERNMENT EMPLOYEES.—A member of the Commission who is an officer or employee of the United States Government shall serve without additional compensation.

(b) TRAVEL.—Members of the Commission shall be reimbursed

for travel, subsistence, and other necessary expenses incurred by

them in the performance of their duties.

SEC. 606. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.

(a) STAFF.—

(1) APPOINTMENT.—The chairman of the Commission may,

without regard to the civil service laws and regulations, appoint,

and terminate an executive director and such other personnel

as are necessary to enable the Commission to perform its

duties. The employment of an executive director shall be subject

to confirmation by the Commission.

(2) COMPENSATION.—The chairman of the Commission may

fix the compensation of the executive director and other person-
H. R. 5116—44

nel without regard to the provisions of chapter 51 and subchapter II of chapter 53 of title 5, United States Code, relating

to classification of positions and General Schedule pay rates,

except that the rate of pay for the executive director and

other personnel may not exceed the rate payable for level

V of the Executive Schedule under section 5316 of that title.

(b) EXPERTS AND CONSULTANTS.—The Commission may procure

temporary and intermittent services of experts and consultants

under section 3109(b) of title 5, United States Code.

SEC. 607. POWERS OF THE COMMISSION.

(a) HEARINGS AND MEETINGS.—The Commission or, on

authorization of the Commission, a member of the Commission,

may hold such hearings, sit and act at such time and places,

take such testimony, and receive such evidence, as the Commission

considers appropriate. The Commission or a member of the Commission may administer oaths or affirmations to witnesses appearing

before it.

(b) OFFICIAL DATA.—The Commission may secure directly from

any Federal department, agency, or court information necessary

to enable it to carry out this title. Upon request of the chairman

of the Commission, the head of a Federal department or agency

or chief judge of a Federal court shall furnish such information,

consistent with law, to the Commission.

(c) FACILITIES AND SUPPORT SERVICES.—The Administrator of

General Services shall provide to the Commission on a reimbursable

basis such facilities and support services as the Commission may

request. Upon request of the Commission, the head of a Federal

department or agency may make any of the facilities or services

of the agency available to the Commission to assist the Commission

in carrying out its duties under this title. (d) EXPENDITURES AND CONTRACTS.—The Commission or, on

authorization of the Commission, a member of the Commission

may make expenditures and enter into contracts for the procurement of such supplies, services, and property as the Commission

or member considers appropriate for the purposes of carrying out

the duties of the Commission. Such expenditures and contracts

may be made only to such extent or in such amounts as are

provided in appropriation Acts.

(e) MAILS.—The Commission may use the United States mails

in the same manner and under the same conditions as other Federal

departments and agencies of the United States. (f) GIFTS.—The Commission may accept, use, and dispose of

gifts or donations of services or property.

SEC. 608. REPORT.

The Commission shall submit to the Congress, the Chief Justice, and the President a report not later than 2 years after the

date of its first meeting. The report shall contain a detailed statement of the findings and conclusions of the Commission, together

with its recommendations for such legislative or administrative

action as it considers appropriate.

SEC. 609. TERMINATION.

The Commission shall cease to exist on the date that is 30

days after the date on which it submits its report under section

608.
H. R. 5116—45

SEC. 610. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated $1,500,000 to carry

out this title.

TITLE VII—SEVERABILITY; EFFECTIVE

DATE; APPLICATION OF AMENDMENTS.

SEC. 701. SEVERABILITY.

If any provision of this Act or amendment made by this Act

or the application of such provision or amendment to any person

or circumstance is held to be unconstitutional, the remaining provisions of and amendments made by this Act and the application

of such other provisions and amendments to any person or circumstance shall not be affected thereby.

SEC. 702. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

(a) EFFECTIVE DATE.—Except as provided in subsection (b),

this Act shall take effect on the date of the enactment of this

Act.

(b) APPLICATION OF AMENDMENTS.—(1) Except as provided in

paragraph (2), the amendments made by this Act shall not apply

with respect to cases commenced under title 11 of the United

States Code before the date of the enactment of this Act.

(2)(A) Paragraph (1) shall not apply with respect to the amendment made by section 111.

(B) The amendments made by sections 113 and 117 shall apply

with respect to cases commenced under title 11 of the United

States Code before, on, and after the date of the enactment of

this Act.

(C) Section 1110 of title 11, United States Code, as amended

by section 201 of this Act, shall apply with respect to any lease,

as defined in such section 1110(c) as so amended, entered into

in connection with a settlement of any proceeding in any case

pending under title 11 of the United States Code on the date

of the enactment of this Act.
H. R. 5116—46

(D) The amendments made by section 305 shall apply only

to agreements entered into after the date of enactment of this

Act.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.