448
(A) by inserting ‘‘(2) the term’’ before 
‘‘ ‘document’’; and 
(B) by striking ‘‘this title’’ and inserting 
‘‘title 11’’. 
SEC. 1221. TRANSFERS MADE BY NONPROFIT CHARITABLE 
CORPORATIONS. 
(a) SALE OF PROPERTY OF ESTATE.—Section 363(d) 
of title 11, United States Code, is amended by striking 
‘‘only’’ and all that follows through the end of the sub-
section and inserting ‘‘only—
‘‘(1) in accordance with applicable nonbank-
ruptcy law that governs the transfer of property by 
a corporation or trust that is not a moneyed, busi-
ness, or commercial corporation or trust; and 
‘‘(2) to the extent not inconsistent with any re-
lief granted under subsection (c), (d), (e), or (f) of 
section 362.’’. 
(b) CONFIRMATION
OF
PLAN
OF
REORGANIZA-
TION.—Section 1129(a) of title 11, United States Code, 
as amended by sections 213 and 321, is amended by add-
ing at the end the following: 
‘‘(16) All transfers of property of the plan shall 
be made in accordance with any applicable provi-
sions of nonbankruptcy law that govern the transfer 
of property by a corporation or trust that is not a
449
moneyed, business, or commercial corporation or 
trust.’’. 
(c) TRANSFER OF PROPERTY.—Section 541 of title 
11, United States Code, as amended by section 225, is 
amended by adding at the end the following: 
‘‘(f) Notwithstanding any other provision of this title, 
property that is held by a debtor that is a corporation de-
scribed in section 501(c)(3) of the Internal Revenue Code 
of 1986 and exempt from tax under section 501(a) of such 
Code may be transferred to an entity that is not such a 
corporation, but only under the same conditions as would 
apply if the debtor had not filed a case under this title.’’. 
(d) APPLICABILITY.—The amendments made by this 
section shall apply to a case pending under title 11, United 
States Code, on the date of enactment of this Act, or filed 
under that title on or after that date of enactment, except 
that the court shall not confirm a plan under chapter 11 
of title 11, United States Code, without considering 
whether this section would substantially affect the rights 
of a party in interest who first acquired rights with respect 
to the debtor after the date of the filing of the petition. 
The parties who may appear and be heard in a proceeding 
under this section include the attorney general of the State 
in which the debtor is incorporated, was formed, or does 
business.
450
(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to require the court in which a 
case under chapter 11 of title 11, United States Code, is 
pending to remand or refer any proceeding, issue, or con-
troversy to any other court or to require the approval of 
any other court for the transfer of property. 
SEC. 1222. PROTECTION OF VALID PURCHASE MONEY SE-
CURITY INTERESTS. 
Section 547(c)(3)(B) of title 11, United States Code, 
is amended by striking ‘‘20’’ and inserting ‘‘30’’. 
SEC. 1223. BANKRUPTCY JUDGESHIPS. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Bankruptcy Judgeship Act of 2005’’. 
(b) TEMPORARY JUDGESHIPS.—
(1) APPOINTMENTS.—The following bankruptcy 
judges shall be appointed in the manner prescribed 
in section 152(a)(1) of title 28, United States Code, 
for the appointment of bankruptcy judges provided 
for in section 152(a)(2) of such title: 
(A) One additional bankruptcy judge for 
the eastern district of California. 
(B) Three additional bankruptcy judges for 
the central district of California. 
(C) Four additional bankruptcy judges for 
the district of Delaware.
451
(D) Two additional bankruptcy judges for 
the southern district of Florida. 
(E) One additional bankruptcy judge for 
the southern district of Georgia. 
(F) Three additional bankruptcy judges for 
the district of Maryland. 
(G) One additional bankruptcy judge for 
the eastern district of Michigan. 
(H) One additional bankruptcy judge for 
the southern district of Mississippi. 
(I) One additional bankruptcy judge for 
the district of New Jersey. 
(J) One additional bankruptcy judge for 
the eastern district of New York. 
(K) One additional bankruptcy judge for 
the northern district of New York. 
(L) One additional bankruptcy judge for 
the southern district of New York. 
(M) One additional bankruptcy judge for 
the eastern district of North Carolina. 
(N) One additional bankruptcy judge for 
the eastern district of Pennsylvania. 
(O) One additional bankruptcy judge for 
the middle district of Pennsylvania.
452
(P) One additional bankruptcy judge for 
the district of Puerto Rico. 
(Q) One additional bankruptcy judge for 
the western district of Tennessee. 
(R) One additional bankruptcy judge for 
the eastern district of Virginia. 
(S) One additional bankruptcy judge for 
the district of South Carolina. 
(T) One additional bankruptcy judge for 
the district of Nevada. 
(2) VACANCIES.—
(A) DISTRICTS
WITH
SINGLE
APPOINT-
MENTS.—Except as provided in subparagraphs 
(B), (C), (D), and (E), the first vacancy occur-
ring in the office of bankruptcy judge in each 
of the judicial districts set forth in paragraph 
(1)—
(i) occurring 5 years or more after the 
appointment date of the bankruptcy judge 
appointed under paragraph (1) to such of-
fice; and 
(ii) resulting from the death, retire-
ment, resignation, or removal of a bank-
ruptcy judge; 
shall not be filled.
453
(B) CENTRAL DISTRICT OF CALIFORNIA.—
The 1st, 2d, and 3d vacancies in the office of 
bankruptcy judge in the central district of Cali-
fornia—
(i) occurring 5 years or more after the 
respective 1st, 2d, and 3d appointment 
dates of the bankruptcy judges appointed 
under paragraph (1)(B); and 
(ii) resulting from the death, retire-
ment, resignation, or removal of a bank-
ruptcy judge; 
shall not be filled. 
(C) DISTRICT
OF
DELAWARE.—The 1st, 
2d, 3d, and 4th vacancies in the office of bank-
ruptcy judge in the district of Delaware—
(i) occurring 5 years or more after the 
respective 1st, 2d, 3d, and 4th appoint-
ment dates of the bankruptcy judges ap-
pointed under paragraph (1)(F); and 
(ii) resulting from the death, retire-
ment, resignation, or removal of a bank-
ruptcy judge; 
shall not be filled. 
(D) SOUTHERN DISTRICT OF FLORIDA.—
The 1st and 2d vacancies in the office of bank-
454
ruptcy judge in the southern district of Flor-
ida—
(i) occurring 5 years or more after the 
respective 1st and 2d appointment dates of 
the bankruptcy judges appointed under 
paragraph (1)(D); and 
(ii) resulting from the death, retire-
ment, resignation, or removal of a bank-
ruptcy judge; 
shall not be filled. 
(E) DISTRICT
OF
MARYLAND.—The 1st, 
2d, and 3d vacancies in the office of bankruptcy 
judge in the district of Maryland—
(i) occurring 5 years or more after the 
respective 1st, 2d, and 3d appointment 
dates of the bankruptcy judges appointed 
under paragraph (1)(F); and 
(ii) resulting from the death, retire-
ment, resignation, or removal of a bank-
ruptcy judge; 
shall not be filled. 
(c) EXTENSIONS.—
(1) IN
GENERAL.—The temporary office of 
bankruptcy judges authorized for the northern dis-
trict of Alabama, the district of Delaware, the dis-
455
trict of Puerto Rico, and the eastern district of Ten-
nessee under paragraphs (1), (3), (7), and (9) of 
section 3(a) of the Bankruptcy Judgeship Act of 
1992 (28 U.S.C. 152 note) are extended until the 
first vacancy occurring in the office of a bankruptcy 
judge in the applicable district resulting from the 
death, retirement, resignation, or removal of a bank-
ruptcy judge and occurring 5 years after the date of 
the enactment of this Act. 
(2) APPLICABILITY OF OTHER PROVISIONS.—
All other provisions of section 3 of the Bankruptcy 
Judgeship Act of 1992 (28 U.S.C. 152 note) remain 
applicable to the temporary office of bankruptcy 
judges referred to in this subsection. 
(d) TECHNICAL AMENDMENTS.—Section 152(a) of 
title 28, United States Code, is amended—
(1) in paragraph (1), by striking the first sen-
tence and inserting the following: ‘‘Each bankruptcy 
judge to be appointed for a judicial district, as pro-
vided in paragraph (2), shall be appointed by the 
court of appeals of the United States for the circuit 
in which such district is located.’’; and 
(2) in paragraph (2)—
456
(A) in the item relating to the middle dis-
trict of Georgia, by striking ‘‘2’’ and inserting 
‘‘3’’; and 
(B) in the collective item relating to the 
middle and southern districts of Georgia, by 
striking ‘‘Middle and Southern . . . . . . 1’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act. 
SEC. 1224. COMPENSATING TRUSTEES. 
Section 1326 of title 11, United States Code, is 
amended—
(1) in subsection (b)—
(A) in paragraph (1), by striking ‘‘and’’; 
(B) in paragraph (2), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(3) if a chapter 7 trustee has been allowed 
compensation due to the conversion or dismissal of 
the debtor’s prior case pursuant to section 707(b), 
and some portion of that compensation remains un-
paid in a case converted to this chapter or in the 
case dismissed under section 707(b) and refiled 
under this chapter, the amount of any such unpaid 
compensation, which shall be paid monthly—
457
‘‘(A) by prorating such amount over the 
remaining duration of the plan; and 
‘‘(B) by monthly payments not to exceed 
the greater of—
‘‘(i) $25; or 
‘‘(ii) the amount payable to unsecured 
nonpriority creditors, as provided by the 
plan, multiplied by 5 percent, and the re-
sult divided by the number of months in 
the plan.’’; and 
(2) by adding at the end the following: 
‘‘(d) Notwithstanding any other provision of this 
title—
‘‘(1) compensation referred to in subsection 
(b)(3) is payable and may be collected by the trustee 
under that paragraph, even if such amount has been 
discharged in a prior case under this title; and 
‘‘(2) such compensation is payable in a case 
under this chapter only to the extent permitted by 
subsection (b)(3).’’. 
SEC. 1225. AMENDMENT TO SECTION 362 OF TITLE 11, 
UNITED STATES CODE. 
Section 362(b)(18) of title 11, United States Code, 
is amended to read as follows:
458
‘‘(18) under subsection (a) of the creation or 
perfection of a statutory lien for an ad valorem 
property tax, or a special tax or special assessment 
on real property whether or not ad valorem, imposed 
by a governmental unit, if such tax or assessment 
comes due after the date of the filing of the peti-
tion;’’. 
SEC. 1226. JUDICIAL EDUCATION. 
The Director of the Federal Judicial Center, in con-
sultation with the Director of the Executive Office for 
United States Trustees, shall develop materials and con-
duct such training as may be useful to courts in imple-
menting this Act and the amendments made by this Act, 
including the requirements relating to the means test 
under section 707(b), and reaffirmation agreements under 
section 524, of title 11 of the United States Code, as 
amended by this Act. 
SEC. 1227. RECLAMATION. 
(a) RIGHTS AND POWERS OF THE TRUSTEE.—Sec-
tion 546(c) of title 11, United States Code, is amended 
to read as follows: 
‘‘(c)(1) Except as provided in subsection (d) of this 
section and in section 507(c), and subject to the prior 
rights of a holder of a security interest in such goods or 
the proceeds thereof, the rights and powers of the trustee
459
under sections 544(a), 545, 547, and 549 are subject to 
the right of a seller of goods that has sold goods to the 
debtor, in the ordinary course of such seller’s business, 
to reclaim such goods if the debtor has received such goods 
while insolvent, within 45 days before the date of the com-
mencement of a case under this title, but such seller may 
not reclaim such goods unless such seller demands in writ-
ing reclamation of such goods—
‘‘(A) not later than 45 days after the date of 
receipt of such goods by the debtor; or 
‘‘(B) not later than 20 days after the date of 
commencement of the case, if the 45-day period ex-
pires after the commencement of the case. 
‘‘(2) If a seller of goods fails to provide notice in the 
manner described in paragraph (1), the seller still may 
assert the rights contained in section 503(b)(9).’’. 
(b) ADMINISTRATIVE EXPENSES.—Section 503(b) of 
title 11, United States Code, as amended by sections 445 
and 1103, is amended by adding at the end the following: 
‘‘(9) the value of any goods received by the 
debtor within 20 days before the date of commence-
ment of a case under this title in which the goods 
have been sold to the debtor in the ordinary course 
of such debtor’s business.’’.