IB 

Union Calendar No. 131 

116TH CONGRESS 

1ST SESSION H. R. 3311 

[Report No. 116–171] 

To amend chapter 11 of title 11, United States Code, to address 

reorganization of small businesses, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 18, 2019 

Mr. CLINE (for himself, Mr. CICILLINE, Mr. COLLINS of Georgia, and Mr. 

COHEN) introduced the following bill; which was referred to the Committee on the Judiciary 

JULY 23, 2019 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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A BILL 

To amend chapter 11 of title 11, United States Code, to 

address reorganization of small businesses, and for other 

purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Small Business Reor5 ganization Act of 2019’’. 

6 SEC. 2. REORGANIZATION OF SMALL BUSINESS DEBTORS. 

7 (a) IN GENERAL.—Chapter 11 of title 11, United 

8 States Code, is amended by adding at the end the fol9 lowing: 

10 ‘‘SUBCHAPTER V—SMALL BUSINESS DEBTOR 

11 REORGANIZATION 

12 ‘‘§ 1181. Inapplicability of other sections 

13 ‘‘(a) IN GENERAL.—Sections 105(d), 1101(1), 1104, 

14 1105, 1106, 1107, 1108, 1115, 1116, 1121, 1123(a)(8), 

15 1123(c), 1127, 1129(a)(15), 1129(b), 1129(c), 1129(e), 

16 and 1141(d)(5) of this title do not apply in a case under 

17 this subchapter. 

18 ‘‘(b) COURT AUTHORITY.—Unless the court for cause 

19 orders otherwise, paragraphs (1), (2), and (4) of section 

20 1102(a) and sections 1102(b), 1103, and 1125 of this title 

21 do not apply in a case under this subchapter. 

22 ‘‘(c) SPECIAL RULE FOR DISCHARGE.—If a plan is 

23 confirmed under section 1191(b) of this title, section 

24 1141(d) of this title shall not apply, except as provided 

25 in section 1192 of this title. 


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1 ‘‘§ 1182. Definitions 

2 ‘‘In this subchapter: 

3 ‘‘(1) DEBTOR.—The term ‘debtor’ means a 

4 small business debtor. 

5 ‘‘(2) DEBTOR IN POSSESSION.—The term ‘debt6 or in possession’ means the debtor, unless removed 

7 as debtor in possession under section 1185(a) of this 

8 title. 

9 ‘‘§ 1183. Trustee 

10 ‘‘(a) IN GENERAL.—If the United States trustee has 

11 appointed an individual under section 586(b) of title 28 

12 to serve as standing trustee in cases under this sub13 chapter, and if such individual qualifies as a trustee under 

14 section 322 of this title, then that individual shall serve 

15 as trustee in any case under this subchapter. Otherwise, 

16 the United States trustee shall appoint 1 disinterested 

17 person to serve as trustee in the case or the United States 

18 trustee may serve as trustee in the case, as necessary. 

19 ‘‘(b) DUTIES.—The trustee shall— 

20 ‘‘(1) perform the duties specified in paragraphs 

21 (2), (5), (6), (7), and (9) of section 704(a) of this 

22 title; 

23 ‘‘(2) perform the duties specified in paragraphs 

24 (3), (4), and (7) of section 1106(a) of this title, if 

25 the court, for cause and on request of a party in inVerDate Sep 11 2014 01:13 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3311.RH H3311

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1 terest, the trustee, or the United States trustee, so 

2 orders; 

3 ‘‘(3) appear and be heard at the status con4 ference under section 1188 of this title and any 

5 hearing that concerns— 

6 ‘‘(A) the value of property subject to a 

7 lien; 

8 ‘‘(B) confirmation of a plan filed under 

9 this subchapter; 

10 ‘‘(C) modification of the plan after con11 firmation; or 

12 ‘‘(D) the sale of property of the estate; 

13 ‘‘(4) ensure that the debtor commences making 

14 timely payments required by a plan confirmed under 

15 this subchapter; 

16 ‘‘(5) if the debtor ceases to be a debtor in pos17 session, perform the duties specified in section 

18 704(a)(8) and paragraphs (1), (2), and (6) of sec19 tion 1106(a) of this title, including operating the 

20 business of the debtor; 

21 ‘‘(6) if there is a claim for a domestic support 

22 obligation with respect to the debtor, perform the 

23 duties specified in section 704(c) of this title; and 

24 ‘‘(7) facilitate the development of a consensual 

25 plan of reorganization. 


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1 ‘‘(c) TERMINATION OF TRUSTEE SERVICE.— 

2 ‘‘(1) IN GENERAL.—If the plan of the debtor is 

3 confirmed under section 1191(a) of this title, the 

4 service of the trustee in the case shall terminate 

5 when the plan has been substantially consummated, 

6 except that the United States trustee may reappoint 

7 a trustee as needed for performance of duties under 

8 subsection (b)(3)(C) of this section and section 

9 1185(a) of this title. 

10 ‘‘(2) SERVICE OF NOTICE OF SUBSTANTIAL

11 CONSUMMATION.—Not later than 14 days after the 

12 plan of the debtor is substantially consummated, the 

13 debtor shall file with the court and serve on the 

14 trustee, the United States trustee, and all parties in 

15 interest notice of such substantial consummation. 

16 ‘‘§ 1184. Rights and powers of a debtor in possession 

17 ‘‘Subject to such limitations or conditions as the 

18 court may prescribe, a debtor in possession shall have all 

19 the rights, other than the right to compensation under sec20 tion 330 of this title, and powers, and shall perform all 

21 functions and duties, except the duties specified in para22 graphs (2), (3), and (4) of section 1106(a) of this title, 

23 of a trustee serving in a case under this chapter, including 

24 operating the business of the debtor. 


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1 ‘‘§ 1185. Removal of debtor in possession 

2 ‘‘(a) IN GENERAL.—On request of a party in interest, 

3 and after notice and a hearing, the court shall order that 

4 the debtor shall not be a debtor in possession for cause, 

5 including fraud, dishonesty, incompetence, or gross mis6 management of the affairs of the debtor, either before or 

7 after the date of commencement of the case, or for failure 

8 to perform the obligations of the debtor under a plan con9 firmed under this subchapter. 

10 ‘‘(b) REINSTATEMENT.—On request of a party in in11 terest, and after notice and a hearing, the court may rein12 state the debtor in possession. 

13 ‘‘§ 1186. Property of the estate 

14 ‘‘(a) INCLUSIONS.—If a plan is confirmed under sec15 tion 1191(b) of this title, property of the estate includes, 

16 in addition to the property specified in section 541 of this 

17 title— 

18 ‘‘(1) all property of the kind specified in that 

19 section that the debtor acquires after the date of 

20 commencement of the case but before the case is 

21 closed, dismissed, or converted to a case under chap22 ter 7, 12, or 13 of this title, whichever occurs first; 

23 and 

24 ‘‘(2) earnings from services performed by the 

25 debtor after the date of commencement of the case 

26 but before the case is closed, dismissed, or converted 


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1 to a case under chapter 7, 12, or 13 of this title, 

2 whichever occurs first. 

3 ‘‘(b) DEBTOR REMAINING IN POSSESSION.—Except 

4 as provided in section 1185 of this title, a plan confirmed 

5 under this subchapter, or an order confirming a plan 

6 under this subchapter, the debtor shall remain in posses7 sion of all property of the estate. 

8 ‘‘§ 1187. Duties and reporting requirements of debt9 ors 

10 ‘‘(a) FILING REQUIREMENTS.—Upon electing to be 

11 a debtor under this subchapter, the debtor shall file the 

12 documents required by subparagraphs (A) and (B) of sec13 tion 1116(1) of this title. 

14 ‘‘(b) OTHER APPLICABLE PROVISIONS.—A debtor, in 

15 addition to the duties provided in this title and as other16 wise required by law, shall comply with the requirements 

17 of section 308 and paragraphs (2), (3), (4), (5), (6), and 

18 (7) of section 1116 of this title. 

19 ‘‘(c) SEPARATE DISCLOSURE STATEMENT EXEMP20 TION.—If the court orders under section 1181(b) of this 

21 title that section 1125 of this title applies, section 1125(f) 

22 of this title shall apply. 

23 ‘‘§ 1188. Status conference 

24 ‘‘(a) IN GENERAL.—Except as provided in subsection 

25 (b), not later than 60 days after the entry of the order 


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1 for relief under this chapter, the court shall hold a status 

2 conference to further the expeditious and economical reso3 lution of a case under this subchapter. 

4 ‘‘(b) EXCEPTION.—The court may extend the period 

5 of time for holding a status conference under subsection 

6 (a) if the need for an extension is attributable to cir7 cumstances for which the debtor should not justly be held 

8 accountable. 

9 ‘‘(c) REPORT.—Not later than 14 days before the 

10 date of the status conference under subsection (a), the 

11 debtor shall file with the court and serve on the trustee 

12 and all parties in interest a report that details the efforts 

13 the debtor has undertaken and will undertake to attain 

14 a consensual plan of reorganization. 

15 ‘‘§ 1189. Filing of the plan 

16 ‘‘(a) WHO MAY FILE A PLAN.—Only the debtor may 

17 file a plan under this subchapter. 

18 ‘‘(b) DEADLINE.—The debtor shall file a plan not 

19 later than 90 days after the order for relief under this 

20 chapter, except that the court may extend the period if 

21 the need for the extension is attributable to circumstances 

22 for which the debtor should not justly be held accountable. 

23 ‘‘§ 1190. Contents of plan 

24 ‘‘A plan filed under this subchapter— 

25 ‘‘(1) shall include— 


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1 ‘‘(A) a brief history of the business oper2 ations of the debtor; 

3 ‘‘(B) a liquidation analysis; and 

4 ‘‘(C) projections with respect to the ability 

5 of the debtor to make payments under the pro6 posed plan of reorganization; 

7 ‘‘(2) shall provide for the submission of all or 

8 such portion of the future earnings or other future 

9 income of the debtor to the supervision and control 

10 of the trustee as is necessary for the execution of the 

11 plan; and 

12 ‘‘(3) notwithstanding section 1123(b)(5) of this 

13 title, may modify the rights of the holder of a claim 

14 secured only by a security interest in real property 

15 that is the principal residence of the debtor if the 

16 new value received in connection with the granting 

17 of the security interest was— 

18 ‘‘(A) not used primarily to acquire the real 

19 property; and 

20 ‘‘(B) used primarily in connection with the 

21 small business of the debtor. 

22 ‘‘§ 1191. Confirmation of plan 

23 ‘‘(a) TERMS.—The court shall confirm a plan under 

24 this subchapter only if all of the requirements of section 


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1 1129(a), other than paragraph (15) of that section, of this 

2 title are met. 

3 ‘‘(b) EXCEPTION.—Notwithstanding section 510(a) 

4 of this title, if all of the applicable requirements of section 

5 1129(a) of this title, other than paragraphs (8), (10), and 

6 (15) of that section, are met with respect to a plan, the 

7 court, on request of the debtor, shall confirm the plan not8 withstanding the requirements of such paragraphs if the 

9 plan does not discriminate unfairly, and is fair and equi10 table, with respect to each class of claims or interests that 

11 is impaired under, and has not accepted, the plan. 

12 ‘‘(c) RULE OF CONSTRUCTION.—For purposes of this 

13 section, the condition that a plan be fair and equitable 

14 with respect to each class of claims or interests includes 

15 the following requirements: 

16 ‘‘(1) With respect to a class of secured claims, 

17 the plan meets the requirements of section 

18 1129(b)(2)(A) of this title. 

19 ‘‘(2) As of the effective date of the plan— 

20 ‘‘(A) the plan provides that all of the pro21 jected disposable income of the debtor to be re22 ceived in the 3-year period, or such longer pe23 riod not to exceed 5 years as the court may fix, 

24 beginning on the date that the first payment is 


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1 due under the plan will be applied to make pay2 ments under the plan; or 

3 ‘‘(B) the value of the property to be dis4 tributed under the plan in the 3-year period, or 

5 such longer period not to exceed 5 years as the 

6 court may fix, beginning on the date on which 

7 the first distribution is due under the plan is 

8 not less than the projected disposable income of 

9 the debtor. 

10 ‘‘(3)(A)(i) The debtor will be able to make all 

11 payments under the plan; or 

12 ‘‘(ii) there is a reasonable likelihood that the 

13 debtor will be able to make all payments under the 

14 plan; and 

15 ‘‘(B) the plan provides appropriate remedies, 

16 which may include the liquidation of nonexempt as17 sets, to protect the holders of claims or interests in 

18 the event that the payments are not made. 

19 ‘‘(d) DISPOSABLE INCOME.—For purposes of this 

20 section, the term ‘disposable income’ means the income 

21 that is received by the debtor and that is not reasonably 

22 necessary to be expended— 

23 ‘‘(1) for— 

24 ‘‘(A) the maintenance or support of the 

25 debtor or a dependent of the debtor; or 


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1 ‘‘(B) a domestic support obligation that 

2 first becomes payable after the date of the filing 

3 of the petition; or 

4 ‘‘(2) for the payment of expenditures necessary 

5 for the continuation, preservation, or operation of 

6 the business of the debtor. 

7 ‘‘(e) SPECIAL RULE.—Notwithstanding section 

8 1129(a)(9)(A) of this title, a plan that provides for the 

9 payment through the plan of a claim of a kind specified 

10 in paragraph (2) or (3) of section 507(a) of this title may 

11 be confirmed under subsection (b) of this section. 

12 ‘‘§ 1192. Discharge 

13 ‘‘If the plan of the debtor is confirmed under section 

14 1191(b) of this title, as soon as practicable after comple15 tion by the debtor of all payments due within the first 

16 3 years of the plan, or such longer period not to exceed 

17 5 years as the court may fix, unless the court approves 

18 a written waiver of discharge executed by the debtor after 

19 the order for relief under this chapter, the court shall 

20 grant the debtor a discharge of all debts provided in sec21 tion 1141(d)(1)(A) of this title, and all other debts allowed 

22 under section 503 of this title and provided for in the plan, 

23 except any debt— 


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1 ‘‘(1) on which the last payment is due after the 

2 first 3 years of the plan, or such other time not to 

3 exceed 5 years fixed by the court; or 

4 ‘‘(2) of the kind specified in section 523(a) of 

5 this title. 

6 ‘‘§ 1193. Modification of plan 

7 ‘‘(a) MODIFICATION BEFORE CONFIRMATION.—The 

8 debtor may modify a plan at any time before confirmation, 

9 but may not modify the plan so that the plan as modified 

10 fails to meet the requirements of sections 1122 and 1123 

11 of this title, with the exception of subsection (a)(8) of such 

12 section 1123. After the modification is filed with the court, 

13 the plan as modified becomes the plan. 

14 ‘‘(b) MODIFICATION AFTER CONFIRMATION.—If a 

15 plan has been confirmed under section 1191(a) of this 

16 title, the debtor may modify the plan at any time after 

17 confirmation of the plan and before substantial con18 summation of the plan, but may not modify the plan so 

19 that the plan as modified fails to meet the requirements 

20 of sections 1122 and 1123 of this title, with the exception 

21 of subsection (a)(8) of such section 1123. The plan, as 

22 modified under this subsection, becomes the plan only if 

23 circumstances warrant the modification and the court, 

24 after notice and a hearing, confirms the plan as modified 

25 under section 1191(a) of this title. 


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1 ‘‘(c) CERTAIN OTHER MODIFICATIONS.—If a plan 

2 has been confirmed under section 1191(b) of this title, the 

3 debtor may modify the plan at any time within 3 years, 

4 or such longer time not to exceed 5 years, as fixed by the 

5 court, but may not modify the plan so that the plan as 

6 modified fails to meet the requirements of section 1191(b) 

7 of this title. The plan as modified under this subsection 

8 becomes the plan only if circumstances warrant such 

9 modification and the court, after notice and a hearing, 

10 confirms such plan, as modified, under section 1191(b) of 

11 this title. 

12 ‘‘(d) HOLDERS OF A CLAIM OR INTEREST.—If a plan 

13 has been confirmed under section 1191(a) of this title, any 

14 holder of a claim or interest that has accepted or rejected 

15 the plan is deemed to have accepted or rejected, as the 

16 case may be, the plan as modified, unless, within the time 

17 fixed by the court, such holder changes the previous ac18 ceptance or rejection of the holder. 

19 ‘‘§ 1194. Payments 

20 ‘‘(a) RETENTION AND DISTRIBUTION BY TRUST21 EE.—Payments and funds received by the trustee shall be 

22 retained by the trustee until confirmation or denial of con23 firmation of a plan. If a plan is confirmed, the trustee 

24 shall distribute any such payment in accordance with the 


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1 plan. If a plan is not confirmed, the trustee shall return 

2 any such payments to the debtor after deducting— 

3 ‘‘(1) any unpaid claim allowed under section 

4 503(b) of this title; 

5 ‘‘(2) any payment made for the purpose of pro6 viding adequate protection of an interest in property 

7 due to the holder of a secured claim; and 

8 ‘‘(3) any fee owing to the trustee. 

9 ‘‘(b) OTHER PLANS.—If a plan is confirmed under 

10 section 1191(b) of this title, except as otherwise provided 

11 in the plan or in the order confirming the plan, the trustee 

12 shall make payments to creditors under the plan. 

13 ‘‘(c) PAYMENTS PRIOR TO CONFIRMATION.—Prior to 

14 confirmation of a plan, the court, after notice and a hear15 ing, may authorize the trustee to make payments to the 

16 holder of a secured claim for the purpose of providing ade17 quate protection of an interest in property. 

18 ‘‘§ 1195. Transactions with professionals 

19 ‘‘Notwithstanding section 327(a) of this title, a per20 son is not disqualified for employment under section 327 

21 of this title, by a debtor solely because that person holds 

22 a claim of less than $10,000 that arose prior to com23 mencement of the case.’’. 

24 (b) CLERICAL AMENDMENT.—The table of sub25 chapters at the beginning of chapter 11 of title 11, United 


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1 States Code, is amended by adding at the end the fol2 lowing: 

‘‘SUBCHAPTER V—SMALL BUSINESS DEBTOR REORGANIZATION

‘‘1181. Inapplicability of other sections. 

‘‘1182. Definitions. 

‘‘1183. Trustee. 

‘‘1184. Rights and powers of a debtor in possession. 

‘‘1185. Removal of debtor in possession. 

‘‘1186. Property of the estate. 

‘‘1187. Duties and reporting requirements of debtors. 

‘‘1188. Status conference. 

‘‘1189. Filing of the plan. 

‘‘1190. Contents of plan. 

‘‘1191. Confirmation of plan. 

‘‘1192. Discharge. 

‘‘1193. Modification of plan. 

‘‘1194. Payments. 

‘‘1195. Transactions with professionals.’’. 

3 SEC. 3. PREFERENCES; VENUE OF CERTAIN PROCEEDINGS. 

4 (a) PREFERENCES.—Section 547(b) of title 11, 

5 United States Code, is amended by inserting ‘‘, based on 

6 reasonable due diligence in the circumstances of the case 

7 and taking into account a party’s known or reasonably 

8 knowable affirmative defenses under subsection (c),’’ after 

9 ‘‘may’’. 

10 (b) VENUE OF CERTAIN PROCEEDINGS.—Section 

11 1409(b) of title 28, United States Code, is amended by 

12 striking ‘‘$10,000’’ and inserting ‘‘$25,000’’. 

13 SEC. 4. CONFORMING AMENDMENTS. 

14 (a) TITLE 11.—Title 11, United States Code, is 

15 amended— 

16 (1) in section 101— 


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1 (A) in paragraph (51C), by inserting ‘‘and 

2 has not elected that subchapter V of chapter 11 

3 of this title shall apply’’ after ‘‘is a small busi4 ness debtor’’; and 

5 (B) in paragraph (51D)— 

6 (i) in subparagraph (A)— 

7 (I) by striking ‘‘or operating real 

8 property or activities incidental there9 to’’ and inserting ‘‘single asset real 

10 estate’’; and 

11 (II) by striking ‘‘for a case in 

12 which’’ and all that follows and insert13 ing ‘‘not less than 50 percent of which 

14 arose from the commercial or business 

15 activities of the debtor; and’’; and 

16 (ii) in subparagraph (B)— 

17 (I) by striking the period at the 

18 end and inserting a semicolon; 

19 (II) by striking ‘‘does not include 

20 any member’’ and inserting the fol21 lowing: ‘‘does not include— 

22 ‘‘(i) any member’’; and 

23 (III) by adding at the end the 

24 following: 


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1 ‘‘(ii) any debtor that is a corporation 

2 subject to the reporting requirements 

3 under section 13 or 15(d) of the Securities 

4 Exchange Act of 1934 (15 U.S.C. 78m, 

5 78o(d)); or 

6 ‘‘(iii) any corporation that— 

7 ‘‘(I) is subject to the reporting 

8 requirements under section 13 or 

9 15(d) of the Securities Exchange Act 

10 of 1934 (15 U.S.C. 78m, 78o(d)); and 

11 ‘‘(II) is an affiliate of a debtor.’’; 

12 (2) in section 103— 

13 (A) by redesignating subsections (i) 

14 through (k) as subsections (j) through (l), re15 spectively; and 

16 (B) by inserting after subsection (h) the 

17 following: 

18 ‘‘(i) Subchapter V of chapter 11 of this title applies 

19 only in a case under chapter 11 in which a small business 

20 debtor elects that subchapter V of chapter 11 shall 

21 apply.’’; 

22 (3) in section 322(a), by inserting ‘‘1183,’’ 

23 after ‘‘1163,’’; 

24 (4) in section 326— 


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1 (A) in subsection (a), by inserting ‘‘, other 

2 than a case under subchapter V of chapter 11,’’ 

3 after ‘‘7 or 11’’; and 

4 (B) in subsection (b), by inserting ‘‘sub5 chapter V of chapter 11 or’’ after ‘‘In a case 

6 under’’; 

7 (5) in section 347— 

8 (A) in subsection (a)— 

9 (i) by inserting ‘‘1194,’’ after ‘‘726,’’; 

10 and 

11 (ii) by inserting ‘‘subchapter V of 

12 chapter 11,’’ after ‘‘chapter 7,’’; and 

13 (B) in subsection (b), by inserting ‘‘1194,’’ 

14 after ‘‘1173,’’; 

15 (6) in section 363(c)(1), by inserting ‘‘1183, 

16 1184,’’ after ‘‘1108,’’; 

17 (7) in section 364(a), by inserting ‘‘1183, 

18 1184,’’ after ‘‘1108,’’; 

19 (8) in section 523(a), in the matter preceding 

20 paragraph (1), by inserting ‘‘1192,’’ after ‘‘1141,’’; 

21 (9) in section 524— 

22 (A) in subsection (a)— 

23 (i) in paragraph (1), by inserting 

24 ‘‘1192,’’ after ‘‘1141,’’; and 


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1 (ii) in paragraph (3), by inserting 

2 ‘‘1192,’’ after ‘‘523,’’; 

3 (B) in subsection (c)(1), by inserting 

4 ‘‘1192,’’ after ‘‘1141,’’; and 

5 (C) in subsection (d), by inserting ‘‘1192,’’ 

6 after ‘‘1141,’’; 

7 (10) in section 557(d)(3), by inserting ‘‘1183,’’ 

8 after ‘‘1104,’’; 

9 (11) in section 1102(a), by striking paragraph 

10 (3) and inserting the following: 

11 ‘‘(3) Unless the court for cause orders other12 wise, a committee of creditors may not be appointed 

13 in a small business case or a case under subchapter 

14 V of this chapter.’’; and 

15 (12) in section 1146(a), by inserting ‘‘or 1191’’ 

16 after ‘‘1129’’. 

17 (b) TITLE 28.—Title 28 United States Code, is 

18 amended— 

19 (1) in section 586— 

20 (A) in subsection (a)(3), by inserting ‘‘(in21 cluding subchapter V of chapter 11)’’ after ‘‘7, 

22 11’’; 

23 (B) in subsection (b), by inserting ‘‘sub24 chapter V of chapter 11 or’’ after ‘‘cases 

25 under’’; 


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1 (C) in subsection (d)(1), by inserting ‘‘sub2 chapter V of chapter 11 or’’ after ‘‘cases 

3 under’’ each place that term appears; and 

4 (D) in subsection (e)— 

5 (i) in paragraph (1), by inserting 

6 ‘‘subchapter V of chapter 11 or’’ after 

7 ‘‘cases under’’; 

8 (ii) in paragraph (2), by inserting 

9 ‘‘subchapter V of chapter 11 or’’ after 

10 ‘‘cases under’’ each place that term ap11 pears; and 

12 (iii) by adding at the end the fol13 lowing: 

14 ‘‘(5) In the event that the services of the trustee in 

15 a case under subchapter V of chapter 11 of title 11 are 

16 terminated by dismissal or conversion of the case, or upon 

17 substantial consummation of a plan under section 

18 1183(c)(1) of that title, the court shall award compensa19 tion to the trustee consistent with services performed by 

20 the trustee and the limits on the compensation of the 

21 trustee established pursuant to paragraph (1) of this sub22 section.’’; 

23 (2) in section 589b— 


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1 (A) in subsection (a)(1), by inserting ‘‘sub2 chapter V of chapter 11 and’’ after ‘‘cases 

3 under’’; and 

4 (B) in subsection (d)— 

5 (i) in the matter preceding paragraph 

6 (1), by inserting ‘‘subchapter V of chapter 

7 11 and’’ after ‘‘trustees under’’; and 

8 (ii) in the undesignated matter fol9 lowing paragraph (8), by inserting ‘‘sub10 chapter V of chapter 11 and’’ after ‘‘cases 

11 under’’; and 

12 (3) in section 1930(a)(6)(A), by inserting ‘‘, 

13 other than under subchapter V,’’ after ‘‘chapter 11 

14 of title 11’’. 

15 SEC. 5. EFFECTIVE DATE. 

16 This Act and the amendments made by this Act shall 

17 take effect 180 days after the date of enactment of this 

18 Act. 


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Union Calendar No. 131 

116TH CONGRESS 

1ST SESSION H. R. 3311 

[Report No. 116–171] 

A BILL 

To amend chapter 11 of title 11, United States 

nesses, and for other purposes. Code, to address reorganization of small busiJULY 23, 2019 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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