IIB 

111TH CONGRESS 

2D SESSION H. R. 6198 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 29, 2010 

Received; read twice and referred to the Committee on the Judiciary 

AN ACT 

To amend title 11 of the United States Code to make 

technical corrections; and for related purposes. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Bankruptcy Technical 

3 Corrections Act of 2010’’. 

4 SEC. 2. TECHNICAL CORRECTIONS RELATING TO AMEND5 MENTS MADE BY PUBLIC LAW 109–8. 

6 (a) TITLE 11 OF THE UNITED STATES CODE.—Title 

7 11 of the United States Code is amended— 

8 (1) in section 101— 

9 (A) in paragraph (13A)— 

10 (i) in subparagraph (A) by inserting 

11 ‘‘if used as the principal residence by the 

12 debtor’’ after ‘‘structure’’ the 1st place it 

13 appears, and 

14 (ii) in subparagraph (B) by inserting 

15 ‘‘if used as the principal residence by the 

16 debtor’’ before the period at the end, 

17 (B) in paragraph (35) by striking ‘‘(23) 

18 and (35)’’ and inserting ‘‘(21B) and (33)(A)’’, 

19 (C) in paragraph (40B) by striking ‘‘writ20 ten document relating to a patient or a’’ and in21 serting ‘‘record relating to a patient, including 

22 a written document or a’’, 

23 (D) in paragraph (42) by striking ‘‘303, 

24 and 304’’ and inserting ‘‘303 and 1504’’, 

25 (E) in paragraph (51B) by inserting 

26 ‘‘thereto’’ before the period at the end, 


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1 (F) in paragraph (51D) by inserting ‘‘of 

2 the filing’’ after ‘‘date’’ the 1st place it appears, 

3 and 

4 (G) by redesignating paragraphs (56A) 

5 and (53D) as (53D) and (53E), respectively, 

6 (2) in section 103(a) by striking ‘‘362(n)’’ and 

7 inserting ‘‘362(o)’’, 

8 (3) in section 105(d)(2) by inserting ‘‘may’’ 

9 after ‘‘Procedure,’’, 

10 (4) in section 106(a)(1) by striking ‘‘728,’’, 

11 (5) in section 107(a) by striking ‘‘subsection (b) 

12 of this section’’ and inserting ‘‘subsections (b) and 

13 (c)’’, 

14 (6) in section 109— 

15 (A) in subsection (b)(3)(B) by striking 

16 ‘‘1978’’ and inserting ‘‘1978)’’, and 

17 (B) in subsection (h)(1)— 

18 (i) by inserting ‘‘other than paragraph 

19 (4) of this subsection’’ after ‘‘this section’’, 

20 and 

21 (ii) by striking ‘‘preceding’’ and in22 serting ‘‘ending on’’, 

23 (7) in section 110— 

24 (A) in subsection (b)(2)(A) by inserting 

25 ‘‘or on behalf of’’ after ‘‘from’’, and 


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1 (B) in subsection (h)— 

2 (i) in the last sentence of paragraph 

3 (1)— 

4 (I) by striking ‘‘a’’ and inserting 

5 ‘‘the’’, and 

6 (II) by inserting ‘‘or on behalf 

7 of’’ after ‘‘from’’, 

8 (ii) in paragraph (3)(A)— 

9 (I) by striking ‘‘found to be in 

10 excess of the value of any services’’, 

11 and 

12 (II) in clause (i) by inserting 

13 ‘‘found to be in excess of the value of 

14 any services’’ after ‘‘(i)’’, and 

15 (iii) in paragraph (4) by striking 

16 ‘‘paragraph (2)’’ and inserting ‘‘paragraph 

17 (3)’’, 

18 (8) in section 111(d)(1)(E)— 

19 (A) by striking the period at the end and 

20 insert ‘‘; and’’, and 

21 (B) by indenting the left margin of such 

22 subparagraph 2 additional ems to the right, 

23 (9) in section 303 by redesignating subsection 

24 (l) as subsection (k), 

25 (10) in section 308(b)— 


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1 (A) by striking ‘‘small business debtor’’ 

2 and inserting ‘‘debtor in a small business case’’, 

3 and 

4 (B) in paragraph (4)— 

5 (i) in subparagraph (A)— 

6 (I) by striking ‘‘(A)’’, and 

7 (II) by redesignating clauses (i) 

8 and (ii) as subparagraphs (A) and 

9 (B), respectively, 

10 (ii) in subparagraph (B)— 

11 (I) by striking ‘‘(B)’’ and insert12 ing ‘‘(5)’’, 

13 (II) by striking ‘‘subparagraph 

14 (A)(i)’’ and inserting ‘‘paragraph 

15 (4)(A)’’, and 

16 (III) by striking ‘‘subparagraph 

17 (A)(ii)’’ and inserting ‘‘paragraph 

18 (4)(B)’’, 

19 (iii) by redesignating subparagraph 

20 (C) as paragraph (6), and 

21 (11) in section 348— 

22 (A) in subsection (b)— 

23 (i) by striking ‘‘728(a), 728(b),’’, and 

24 (ii) by striking ‘‘1146(a), 1146(b),’’, 

25 and 


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1 (B) in subsection (f)(1)(C)(i) by inserting 

2 ‘‘of the filing’’ after ‘‘date’’, 

3 (12) in section 362— 

4 (A) in subsection (a)(8)— 

5 (i) by striking ‘‘corporate debtor’s’’, 

6 and 

7 (ii) by inserting ‘‘of a debtor that is a 

8 corporation’’ after ‘‘liability’’ the 1st place 

9 it appears, 

10 (B) in subsection (c)— 

11 (i) in paragraph (3), in the matter 

12 preceding subparagraph (A), by inserting 

13 ‘‘a’’ after ‘‘against’’, and 

14 (ii) in paragraph (4)(A)(i) by insert15 ing ‘‘under a chapter other than chapter 7 

16 after dismissal’’ after ‘‘refiled’’, 

17 (C) in subsection (d)(4) by striking 

18 ‘‘hinder, and’’ and inserting ‘‘hinder, or’’, and 

19 (D) in subsection (l)(2) by striking 

20 ‘‘nonbankrupcty’’ and inserting ‘‘nonbank21 ruptcy’’, 

22 (13) in section 363(d)— 

23 (A) in the matter preceding paragraph (1) 

24 by striking ‘‘only’’, 


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1 (B) by amending paragraph (1) to read as 

2 follows: 

3 ‘‘(1) in the case of a debtor that is a corpora4 tion or trust that is not a moneyed business, com5 mercial corporation, or trust, only in accordance 

6 with nonbankruptcy law applicable to the transfer of 

7 property by a debtor that is such a corporation or 

8 trust; and’’, and 

9 (C) in paragraph (2) by inserting ‘‘only’’ 

10 after ‘‘(2)’’, 

11 (14) in section 505(a)(2)(C) by striking ‘‘any 

12 law (other than a bankruptcy law)’’ and inserting 

13 ‘‘applicable nonbankruptcy law’’, 

14 (15) in section 507(a)(8)(A)(ii) by striking the 

15 period at the end and inserting ‘‘; or’’, 

16 (16) in section 521(a)— 

17 (A) in paragraph (2)— 

18 (i) in subparagraph (A)— 

19 (I) by striking ‘‘the debtor shall’’, 

20 and 

21 (II) by adding ‘‘and’’ at the end, 

22 (ii) in subparagraph (B)— 

23 (I) by striking ‘‘the debtor shall’’, 

24 and 


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1 (II) by striking ‘‘and’’ at the end, 

2 and 

3 (iii) in subparagraph (C) by striking 

4 ‘‘(C)’’ and inserting the following: 

5 ‘‘except that’’, and 

6 (B) in paragraphs (3) and (4) by inserting 

7 ‘‘is’’ after ‘‘auditor’’, 

8 (17) in section 522— 

9 (A) in subsection (b)(3)(A)— 

10 (i) by striking ‘‘at’’ the 1st place it 

11 appears and inserting ‘‘to’’, and 

12 (ii) by striking ‘‘at’’ the 2d place it 

13 appears and inserting ‘‘in’’, and 

14 (B) in subsection (c)(1) by striking ‘‘sec15 tion 523(a)(5)’’ and inserting ‘‘such para16 graph’’, 

17 (18) in section 523(a)— 

18 (A) in paragraph (2)(C)(ii)(II) by striking 

19 the period at the end and inserting a semicolon, 

20 and 

21 (B) in paragraph (3) by striking ‘‘521(1)’’ 

22 and inserting ‘‘521(a)(1)’’, 

23 (19) in section 524(k)— 

24 (A) in the last undesignated paragraph of 

25 the quoted matter in paragraph (3)(J)(i)— 


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1 (i) by striking ‘‘security property’’ the 

2 1st place it appears and inserting ‘‘prop3 erty securing the lien’’, 

4 (ii) by striking ‘‘current value of the 

5 security property’’ and inserting ‘‘amount 

6 of the allowed secured claim’’, and 

7 (iii) in the last sentence by inserting 

8 ‘‘must’’ after ‘‘you’’, and 

9 (B) in paragraph (5)(B) by striking ‘‘that’’ 

10 and inserting ‘‘that,’’, 

11 (20) in section 526(a)— 

12 (A) in paragraph (2) by striking ‘‘untrue 

13 and’’ and inserting ‘‘untrue or’’, and 

14 (B) in paragraph (4) by inserting ‘‘a’’ 

15 after ‘‘preparer’’, 

16 (21) in the 3d sentence of the 4th undesignated 

17 paragraph of the quoted matter in section 527(b), 

18 by striking ‘‘Schedules and Statement of Financial 

19 Affairs, as well as in some cases a Statement of In20 tention’’ and inserting ‘‘Schedules, and Statement of 

21 Financial Affairs, and in some cases a Statement of 

22 Intention,’’, 

23 (22) in section 541(b)(6)(B) by striking ‘‘sec24 tion 529(b)(7)’’ and inserting ‘‘section 529(b)(6)’’, 


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1 (23) in section 554(c) by striking ‘‘521(1)’’ and 

2 inserting ‘‘521(a)(1)’’, 

3 (24) in section 704(a)(3) by striking 

4 ‘‘521(2)(B)’’ and inserting ‘‘521(a)(2)(B)’’, 

5 (25) in section 707— 

6 (A) in subsection (a)(3) by striking ‘‘521’’ 

7 and inserting ‘‘521(a)’’, and 

8 (B) in subsection (b)— 

9 (i) in paragraph (2)(A)(iii)(I) by in10 serting ‘‘of the filing’’ after ‘‘date’’, and 

11 (ii) in paragraph (3) by striking ‘‘sub12 paragraph (A)(i) of such paragraph’’ and 

13 inserting ‘‘paragraph (2)(A)(i)’’, 

14 (26) in section 723(c) by striking ‘‘Notwith15 standing section 728(c) of this title, the’’ and insert16 ing ‘‘The’’, 

17 (27) in section 724(b)(2)— 

18 (A) by striking ‘‘507(a)(1)’’ and inserting 

19 ‘‘507(a)(1)(C) or 507(a)(2)’’, 

20 (B) by inserting ‘‘under each such section’’ 

21 after ‘‘expenses’’ the 1st place it appears, 

22 (C) by striking ‘‘chapter 7 of this title’’ 

23 and inserting ‘‘this chapter’’, and 

24 (D) by striking ‘‘507(a)(2),’’ and inserting 

25 ‘‘507(a)(1)(A), 507(a)(1)(B),’’, 


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1 (28) in section 726(b) by striking ‘‘or (8)’’ and 

2 inserting ‘‘(8), (9), or (10)’’, 

3 (29) in section 901(a)— 

4 (A) by inserting ‘‘333,’’ after ‘‘301,’’, and 

5 (B) by inserting ‘‘351,’’ after ‘‘350(b)’’, 

6 (30) in section 1104— 

7 (A) in subsection (a) 

8 (i) in paragraph (1) by inserting ‘‘or’’ 

9 at the end, 

10 (ii) in paragraph (2) by striking ‘‘; 

11 or’’ and inserting a period, and 

12 (iii) by striking paragraph (3), and 

13 (B) in subsection (b)(2)(B)(ii) by striking 

14 ‘‘subsection (d)’’ and inserting ‘‘subsection (a)’’, 

15 (31) in section 1106(a)— 

16 (A) in paragraph (1) by striking ‘‘704’’ 

17 and inserting ‘‘704(a)’’, and 

18 (B) in paragraph (2) by striking ‘‘521(1)’’ 

19 and inserting ‘‘521(a)(1)’’, 

20 (32) in section 1111(a) by striking ‘‘521(1)’’ 

21 and inserting ‘‘521(a)(1)’’, 

22 (33) amending section 1112— 

23 (A) in subsection (b)— 

24 (i) by amending paragraph (1) to read 

25 as follows: 


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1 ‘‘(1) Except as provided in paragraph (2) and sub2 section (c), on request of a party in interest, and after 

3 notice and a hearing, the court shall convert a case under 

4 this chapter to a case under chapter 7 or dismiss a case 

5 under this chapter, whichever is in the best interests of 

6 creditors and the estate, for cause unless the court deter7 mines that the appointment under section 1104(a) of a 

8 trustee or an examiner is in the best interests of creditors 

9 and the estate.’’, and 

10 (ii) in paragraph (2)— 

11 (I) by striking the matter pre12 ceding subparagraph (A) and insert13 ing the following: 

14 ‘‘(2) The court may not convert a case under this 

15 chapter to a case under chapter 7 or dismiss a case under 

16 this chapter if the court finds and specifically identifies 

17 unusual circumstances establishing that converting or dis18 missing the case is not in the best interests of creditors 

19 and the estate, and the debtor or any other party in inter20 est establishes that—’’, and 

21 (II) in subparagraph (B) by 

22 striking ‘‘granting such relief’’ and in23 serting ‘‘converting or dismissing the 

24 case’’, and 


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1 (B) in subsection (e) by striking 

2 ‘‘521’’ and inserting ‘‘521(a)’’, 

3 (34) in section 1127(f)(1) by striking ‘‘sub4 section (a)’’ and inserting ‘‘subsection (e)’’, 

5 (35) in section 1129(a)(16) by striking ‘‘of the 

6 plan’’ and inserting ‘‘under the plan’’, 

7 (36) in section 1141(d)(5)— 

8 (A) in subparagraph (B)— 

9 (i) in clause (i) by striking ‘‘and’’ at 

10 the end; and 

11 (ii) by adding at the end the fol12 lowing: 

13 ‘‘(iii) subparagraph (C) permits the court 

14 to grant a discharge; and’’, and 

15 (B) in subparagraph (C) — 

16 (i) by striking ‘‘unless’’ and inserting 

17 ‘‘the court may grant a discharge if,’’, 

18 (ii) in clause (ii) by striking the pe19 riod at the end and inserting a semicolon, 

20 and 

21 (iii) by adding at the end the fol22 lowing: 

23 ‘‘and if the requirements of subparagraph (A) or (B) 

24 are met.’’, 


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1 (37) in section 1145(b) by striking ‘‘2(11)’’ 

2 each place it appears and inserting ‘‘2(a)(11)’’, 

3 (38) in section 1202(b)— 

4 (A) in paragraph (1) by striking ‘‘704(2), 

5 704(3), 704(5), 704(6), 704(7), and 704(9)’’ 

6 and inserting ‘‘704(a)(2), 704(a)(3), 704(a)(5), 

7 704(a)(6), 704(a)(7), and 704(a)(9)’’, and 

8 (B) in paragraph (5) by striking ‘‘704(8)’’ 

9 and inserting ‘‘704(a)(8)’’, 

10 (39) in section 1302(b)(1) by striking ‘‘704(2), 

11 704(3), 704(4), 704(5), 704(6), 704(7), and 

12 704(9)’’ and inserting ‘‘704(a)(2), 704(a)(3), 

13 704(a)(4), 704(a)(5), 704(a)(6), 704(a)(7), and 

14 704(a)(9)’’, 

15 (40) in section 1304(c) by striking ‘‘704(8)’’ 

16 and inserting ‘‘704(a)(8)’’, 

17 (41) in section 1307— 

18 (A) in subsection (c)— 

19 (i) by striking ‘‘subsection (e)’’ and 

20 inserting ‘‘subsection (f)’’, 

21 (ii) in paragraph (9) by striking 

22 ‘‘521’’ and inserting ‘‘521(a)’’, and 

23 (iii) in paragraph (10) by striking 

24 ‘‘521’’ and inserting ‘‘521(a)’, and 


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1 (B) in subsection (d) by striking ‘‘sub2 section (e)’’ and inserting ‘‘subsection (f)’’, 

3 (42) in section 1308(b)(2)— 

4 (A) in subparagraph (A) by striking ‘‘para5 graph (1)’’ and inserting ‘‘paragraph (1)(A)’’, 

6 (B) in subparagraph (B) by striking 

7 ‘‘paragraph (2)’’ and inserting ‘‘paragraph 

8 (1)(B)’’, and 

9 (C) by striking ‘‘this subsection’’ each 

10 place it appears and inserting ‘‘paragraph (1)’’, 

11 (43) in section 1322(a)— 

12 (A) by striking ‘‘shall’’ the 1st place it ap13 pears, 

14 (B) in paragraph (1) by inserting ‘‘shall’’ 

15 after ‘‘(1)’’, 

16 (C) in paragraph (2) by inserting ‘‘shall’’ 

17 after ‘‘(2)’’, 

18 (D) in paragraph (3) by inserting ‘‘shall’’ 

19 after ‘‘claims,’’, and 

20 (E) in paragraph (4) by striking ‘‘a plan’’, 

21 (44) in section 1325— 

22 (A) in the last sentence of subsection (a) 

23 by inserting ‘‘period’’ after ‘‘910-day’’, and 

24 (B) in subsection (b)(2)(A)(ii) by striking 

25 ‘‘548(d)(3)’’ and inserting ‘‘548(d)(3))’’, 


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1 (45) in the heading of section 1511 by inserting 

2 ‘‘, 302,’’ after ‘‘301’’, 

3 (46) in section 1519(f) by striking ‘‘362(n)’’ 

4 and inserting ‘‘362(o)’’, 

5 (47) in section 1521(f) by striking ‘‘362(n)’’ 

6 and inserting ‘‘362(o)’’, 

7 (48) in section 1529(1) by inserting ‘‘is’’ after 

8 ‘‘States’’, 

9 (49) in the table of sections of chapter 3, by 

10 striking the item relating to section 333 and insert11 ing the following: 

‘‘333. Appointment of patient care ombudsman.’’, and 

12 (50) in the table of sections of chapter 5, by 

13 striking the item relating to section 562 and insert14 ing the following: 

‘‘562. Timing of damage measure in connection with swap agreements, securities 

contracts, forward contracts, commodity contracts, repurchase 

agreements, and master netting agreements.’’. 

15 (b) TITLE 18 OF THE UNITED STATES CODE.—Sec16 tion 157 of title 18, United States Code is amended— 

17 (1) in paragraph (1) by striking ‘‘bankruptcy’’, 

18 and 

19 (2) in paragraphs (2) and (3) by striking ‘‘, in20 cluding a fraudulent involuntary bankruptcy petition 

21 under section 303 of such title’’. 

22 (c) TITLE 28 OF THE UNITED STATES CODE.— 


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1 (1) AMENDMENT RELATING TO APPEALS.—Sec2 tion 158(d)(2)(D) of title 28 of the United States 

3 Code is amended by striking ‘‘appeal in’’ and insert4 ing ‘‘appeal is’’. 

5 (2) AMENDMENT RELATING TO BANKRUPTCY

6 STATISTICS.—Section 159(c)(3)(H) of title 28 of the 

7 United States Code is amended by inserting ‘‘the’’ 

8 after ‘‘against’’. 

9 (3) TECHNICAL AMENDMENTS.—Section 586(a) 

10 of title 28 of the United States Code is amended— 

11 (A) in paragraph (3)(A)(ii) is amended by 

12 striking the period at the end and inserting a 

13 semicolon, 

14 (B) in paragraph (7)(C) by striking ‘‘iden15 tify’’ and inserting ‘‘determine’’, and 

16 (C) in paragraph (8) by striking ‘‘the 

17 United States trustee shall’’. 

18 SEC. 3. TECHNICAL CORRECTION TO PUBLIC LAW 109–8. 

19 Section 1406(b)(1) of Public Law 109–8 is amended 

20 by striking ‘‘cept’’ and inserting ‘‘Except’’. 

Passed the House of Representatives September 28, 

2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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