I 

115TH CONGRESS 

2D SESSION H. R. 7190 

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 

NOVEMBER 29, 2018 

Mr. COLLINS of Georgia (for himself, Mr. CICILLINE, and Mr. MARINO) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

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

address reorganization of small businesses, and for other 

purposes. 

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 2018’’. 

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: 


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1 ‘‘SUBCHAPTER V—SMALL BUSINESS DEBTOR 

2 REORGANIZATION 

3 ‘‘§ 1181. Inapplicability of other sections 

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

5 1105, 1106, 1107, 1108, 1115, 1116, 1121, 1123(a)(8), 

6 1123(c), 1127, 1129(a)(15), 1129(b), 1129(c), 1129(e) 

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

8 this subchapter. 

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

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

11 1102(a) and sections 1102(b), 1103, and 1125 of this title 

12 do not apply in a case under this subchapter. 

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

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

15 1141(d) of this title shall not apply, except as provided 

16 in section 1192 of this title. 

17 ‘‘§ 1182. Definitions 

18 ‘‘In this subchapter: 

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

20 small business debtor. 

21 ‘‘(2) DEBTOR IN POSSESSION.—The term ‘debt22 or in possession’ means the debtor, unless removed 

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

24 title. 


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1 ‘‘§ 1183. Trustee 

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

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

4 to serve as standing trustee in cases under this sub5 chapter, and if such individual qualifies as a trustee under 

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

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

8 the United States trustee shall appoint 1 disinterested 

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

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

11 ‘‘(b) DUTIES.—The trustee shall— 

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

13 (2), (5), (6), (7), and (9) of section 704(a) of this 

14 title; 

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

16 (3), (4), and (7) of section 1106(a) of this title, if 

17 the court, for cause and on request of a party in in18 terest, the trustee, or the United States trustee, so 

19 orders; 

20 ‘‘(3) appear and be heard at the status con21 ference under section 1188 of this title and any 

22 hearing that concerns— 

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

24 lien; 

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

26 this subchapter; 


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1 ‘‘(C) modification of the plan after con2 firmation; or 

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

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

5 timely payments required by a plan confirmed under 

6 this subchapter; 

7 ‘‘(5) if the debtor ceases to be a debtor in pos8 session, perform the duties specified in section 

9 704(a)(8) and paragraphs (1), (2), and (6) of sec10 tion 1106(a) of this title, including operating the 

11 business of the debtor; 

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

13 obligation with respect to the debtor, perform the 

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

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

16 plan of reorganization. 

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

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

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

20 service of the trustee in the case shall terminate 

21 when the plan has been substantially consummated, 

22 except that the United States trustee may reappoint 

23 a trustee as needed for performance of duties under 

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

25 1185(a) of this title. 


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1 ‘‘(2) SERVICE OF NOTICE OF SUBSTANTIAL

2 CONSUMMATION.—Not later than 14 days after the 

3 plan of the debtor is substantially consummated, the 

4 debtor shall file with the court and serve on the 

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

6 interest notice of such substantial consummation. 

7 ‘‘§ 1184. Rights and powers of a debtor in possession 

8 ‘‘Subject to such limitations or conditions as the 

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

10 the rights, other than the right to compensation under sec11 tion 330 of this title, and powers, and shall perform all 

12 functions and duties, except the duties specified in para13 graphs (2), (3), and (4) of section 1106(a) of this title, 

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

15 operating the business of the debtor. 

16 ‘‘§ 1185. Removal of debtor in possession 

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

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

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

20 including fraud, dishonesty, incompetence, or gross mis21 management of the affairs of the debtor, either before or 

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

23 to perform the obligations of the debtor under a plan con24 firmed under this subchapter. 


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1 ‘‘(b) REINSTATEMENT.—On request of a party in in2 terest, and after notice and a hearing, the court may rein3 state the debtor in possession. 

4 ‘‘§ 1186. Property of the estate 

5 ‘‘(a) INCLUSIONS.—If a plan is confirmed under sec6 tion 1191(b) of this title, property of the estate includes, 

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

8 title— 

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

10 section that the debtor acquires after the date of 

11 commencement of the case but before the case is 

12 closed, dismissed, or converted to a case under chap13 ter 7, 12, or 13 of this title, whichever occurs first; 

14 and 

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

16 debtor after the date of commencement of the case 

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

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

19 whichever occurs first. 

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

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

22 under this subchapter, or an order confirming a plan 

23 under this subchapter, the debtor shall remain in posses24 sion of all property of the estate. 


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1 ‘‘§ 1187. Duties and reporting requirements of debt2 ors 

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

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

5 documents required by subparagraphs (A) and (B) of sec6 tion 1116(1) of this title. 

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

8 addition to the duties provided in this title and as other9 wise required by law, shall comply with the requirements 

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

11 (7) of section 1116 of this title. 

12 ‘‘(c) SEPARATE DISCLOSURE STATEMENT EXEMP13 TION.—If the court orders under section 1181(b) of this 

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

15 of this title shall apply. 

16 ‘‘§ 1188. Status conference 

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

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

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

20 conference to further the expeditious and economical reso21 lution of a case under this subchapter. 

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

23 of time for holding a status conference under subsection 

24 (a) if the need for an extension is attributable to cir25 cumstances for which the debtor should not justly be held 

26 accountable. 


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

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

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

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

5 the debtor has undertaken and will undertake to attain 

6 a consensual plan of reorganization. 

7 ‘‘§ 1189. Filing of the plan 

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

9 file a plan under this subchapter. 

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

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

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

13 the need for the extension is attributable to circumstances 

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

15 ‘‘§ 1190. Contents of plan 

16 ‘‘A plan filed under this subchapter— 

17 ‘‘(1) shall include— 

18 ‘‘(A) a brief history of the business oper19 ations of the debtor; 

20 ‘‘(B) a liquidation analysis; and 

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

22 of the debtor to make payments under the pro23 posed plan of reorganization; 

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

25 such portion of the future earnings or other future 


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1 income of the debtor to the supervision and control 

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

3 plan; and 

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

5 title, may modify the rights of the holder of a se6 cured claim if— 

7 ‘‘(A) the claim is secured only by a secu8 rity interest in real property that is the prin9 cipal residence of the debtor; and 

10 ‘‘(B) the new value received in connection 

11 with the granting of the security interest— 

12 ‘‘(i) was not used primarily to acquire 

13 the real property; and 

14 ‘‘(ii) was used primarily in connection 

15 with the small business of the debtor. 

16 ‘‘§ 1191. Confirmation of plan 

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

18 this subchapter only if all of the requirements of section 

19 1129(a), other than paragraph (15) of that section, of this 

20 title are met. 

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

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

23 1129(a) of this title, other than paragraphs (8), (10), and 

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

25 court, on request of the debtor, shall confirm the plan notVerDate Sep 11 2014 23:51 Nov 30, 2018 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7190.IH H7190

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1 withstanding the requirements of such paragraphs if the 

2 plan does not discriminate unfairly, and is fair and equi3 table, with respect to each class of claims or interests that 

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

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

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

7 with respect to each class of claims or interests includes 

8 the following requirements: 

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

10 the plan meets the requirements of section 

11 1129(b)(2)(A) of this title. 

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

13 ‘‘(A) the plan provides that all of the pro14 jected disposable income of the debtor to be re15 ceived in the 3-year period, or such longer pe16 riod not to exceed 5 years as the court may fix, 

17 beginning on the date that the first payment is 

18 due under the plan will be applied to make pay19 ments under the plan; or 

20 ‘‘(B) the value of the property to be dis21 tributed under the plan in the 3-year period, or 

22 such longer period not to exceed 5 years as the 

23 court may fix, beginning on the date on which 

24 the first distribution is due under the plan is 


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1 not less than the projected disposable income of 

2 the debtor. 

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

4 payments under the plan; or 

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

6 debtor will be able to make all payments under the 

7 plan; and 

8 ‘‘(B) the plan provides appropriate remedies, which 

9 may include the liquidation of nonexempt assets, to pro10 tect the holders of claims or interests in the event that 

11 the payments are not made. 

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

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

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

15 necessary to be expended— 

16 ‘‘(1) for— 

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

18 debtor or a dependent of the debtor; or 

19 ‘‘(B) a domestic support obligation that 

20 first becomes payable after the date of the filing 

21 of the petition; or 

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

23 for the continuation, preservation, or operation of 

24 the business of the debtor. 


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

2 1129(a)(9)(A) of this title, a plan that provides for the 

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

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

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

6 ‘‘§ 1192. Discharge 

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

8 1191(b) of this title, as soon as practicable after comple9 tion by the debtor of all payments due within the first 

10 3 years of the plan, or such longer period not to exceed 

11 5 years as the court may fix, unless the court approves 

12 a written waiver of discharge executed by the debtor after 

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

14 grant the debtor a discharge of all debts provided in sec15 tion 1141(d)(1)(A) of this title, and all other debts allowed 

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

17 except any debt— 

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

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

20 exceed 5 years fixed by the court; or 

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

22 this title. 

23 ‘‘§ 1193. Modification of plan 

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

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


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

2 fails to meet the requirements of sections 1122 and 1123 

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

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

5 the plan as modified becomes the plan. 

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

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

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

9 confirmation of the plan and before substantial con10 summation of the plan, but may not modify the plan so 

11 that the plan as modified fails to meet the requirements 

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

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

14 modified under this subsection, becomes the plan only if 

15 circumstances warrant the modification and the court, 

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

17 under section 1191(a) of this title. 

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

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

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

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

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

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

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

25 becomes the plan only if circumstances warrant such 


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

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

3 this title. 

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

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

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

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

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

9 fixed by the court, such holder changes the previous ac10 ceptance or rejection of the holder. 

11 ‘‘§ 1194. Payments 

12 ‘‘(a) RETENTION AND DISTRIBUTION BY TRUST13 EE.—Payments and funds received by the trustee shall be 

14 retained by the trustee until confirmation or denial of con15 firmation of a plan. If a plan is confirmed, the trustee 

16 shall distribute any such payment in accordance with the 

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

18 any such payments to the debtor after deducting— 

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

20 503(b) of this title; 

21 ‘‘(2) any payment made for the purpose of pro22 viding adequate protection of an interest in property 

23 due to the holder of a secured claim; and 

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


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

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

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

4 shall make payments to creditors under the plan. 

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

6 confirmation of a plan, the court, after notice and a hear7 ing, may authorize the trustee to make payments to the 

8 holder of a secured claim for the purpose of providing ade9 quate protection of an interest in property. 

10 ‘‘§ 1195. Transactions with professionals 

11 ‘‘Notwithstanding section 327(a) of this title, a per12 son is not disqualified for employment under section 327 

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

14 a claim of less than $10,000 that arose prior to com15 mencement of the case.’’. 

16 (b) CLERICAL AMENDMENT.—The table of sub17 chapters at the beginning of chapter 11 of title 11, United 

18 States Code, is amended by adding at the end the fol19 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. 


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‘‘1193. Modification of plan. 

‘‘1194. Payments. 

‘‘1195. Transactions with professionals.’’. 

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

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

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

4 reasonable due diligence in the circumstances of the case 

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

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

7 ‘‘may’’. 

8 (b) VENUE OF CERTAIN PROCEEDINGS.—Section 

9 1409(b) of title 28, United States Code, is amended by 

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

11 SEC. 4. CONFORMING AMENDMENTS. 

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

13 amended— 

14 (1) in section 101— 

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

16 has not elected that subchapter V of chapter 11 

17 of this title shall apply’’ after ‘‘is a small busi18 ness debtor’’; and 

19 (B) in paragraph (51D)— 

20 (i) in subparagraph (A)— 

21 (I) by striking ‘‘or operating real 

22 property or activities incidental there23 to’’ and inserting ‘‘single asset real 

24 estate’’; and 


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1 (II) by striking ‘‘for a case in 

2 which’’ and all that follows and insert3 ing ‘‘not less than 50 percent of which 

4 arose from the commercial or business 

5 activities of the debtor; and’’; and 

6 (ii) in subparagraph (B)— 

7 (I) by striking the period at the 

8 end and inserting a semicolon; 

9 (II) by striking ‘‘does not include 

10 any member’’ and inserting the fol11 lowing: ‘‘does not include— 

12 ‘‘(i) any member’’; and 

13 (III) by adding at the end the 

14 following: 

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

16 subject to the reporting requirements 

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

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

19 78o(d)); or 

20 ‘‘(iii) any corporation that— 

21 ‘‘(I) is subject to the reporting 

22 requirements under section 13 or 

23 15(d) of the Securities Exchange Act 

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

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


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1 (2) in section 103— 

2 (A) by redesignating subsections (i) 

3 through (k) as subsections (j) through (l), re4 spectively; and 

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

6 following: 

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

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

9 debtor elects that subchapter V of chapter 11 shall 

10 apply.’’; 

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

12 after ‘‘1163,’’; 

13 (4) in section 326— 

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

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

16 after ‘‘7 or 11’’; and 

17 (B) in subsection (b), by inserting ‘‘sub18 chapter V of chapter 11 or’’ after ‘‘In a case 

19 under’’; 

20 (5) in section 347— 

21 (A) in subsection (a)— 

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

23 and 

24 (ii) by inserting ‘‘subchapter V of 

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


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

2 after ‘‘1173,’’; 

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

4 1184,’’ after ‘‘1108,’’; 

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

6 1184,’’ after ‘‘1108,’’; 

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

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

9 (9) in section 524— 

10 (A) in subsection (a)— 

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

12 ‘‘1192,’’ after ‘‘1141,’’; and 

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

14 ‘‘1192,’’ after ‘‘523,’’; 

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

16 ‘‘1192,’’ after ‘‘1141,’’; and 

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

18 after ‘‘1141,’’; 

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

20 after ‘‘1104,’’; 

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

22 (3) and inserting the following: 

23 ‘‘(3) Unless the court for cause orders other24 wise, a committee of creditors may not be appointed 


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1 in a small business case or a case under subchapter 

2 V of this chapter.’’; and 

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

4 after ‘‘1129’’. 

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

6 amended— 

7 (1) in section 586— 

8 (A) in subsection (a)(3), by inserting ‘‘(in9 cluding subchapter V of chapter 11)’’ after ‘‘7, 

10 11’’; 

11 (B) in subsection (b), by inserting ‘‘sub12 chapter V of chapter 11 or’’ after ‘‘cases 

13 under’’; 

14 (C) in subsection (d)(1), by inserting ‘‘sub15 chapter V of chapter 11 or’’ after ‘‘cases 

16 under’’ each place that term appears; and 

17 (D) in subsection (e)— 

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

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

20 ‘‘cases under’’; 

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

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

23 ‘‘cases under’’ each place that term ap24 pears; and 


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1 (iii) by adding at the end the fol2 lowing: 

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

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

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

6 substantial consummation of a plan under section 

7 1183(c)(1) of that title, the court shall award compensa8 tion to the trustee consistent with services performed by 

9 the trustee and the limits on the compensation of the 

10 trustee established pursuant to paragraph (1) of this sub11 section.’’; 

12 (2) in section 589b— 

13 (A) in subsection (a)(1), by inserting ‘‘sub14 chapter V of chapter 11 and’’ after ‘‘cases 

15 under’’; and 

16 (B) in subsection (d)— 

17 (i) in the matter preceding paragraph 

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

19 11 and’’ after ‘‘trustees under’’; and 

20 (ii) in the undesignated matter fol21 lowing paragraph (8), by inserting ‘‘sub22 chapter V of chapter 11 and’’ after ‘‘cases 

23 under’’; and 


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

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

3 of title 11’’. 

4 SEC. 5. EFFECTIVE DATE. 

5 This Act and the amendments made by this Act shall 

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

7 Act. 

Æ 


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