I 
116TH CONGRESS 
2D SESSION 
H. R. 8902 
To amend title 11, United States Code, to add a bankruptcy chapter relating 
to the debt of individuals, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 8, 2020 
Mr. NADLER (for himself and Mr. CICILLINE) introduced the following bill; 
which was referred to the Committee on the Judiciary, and in addition 
to the Committee on Financial Services, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend title 11, United States Code, to add a bankruptcy 
chapter relating to the debt of individuals, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Consumer Bankruptcy 
Reform Act of 2020’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
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TITLE I—CHAPTER 10 INDIVIDUAL BANKRUPTCY 
Sec. 101. Findings and purpose. 
Sec. 102. Chapter 10 individual bankruptcy. 
Sec. 103. Repeal of chapter 13. 
Sec. 104. Other amendments to the Bankruptcy Code. 
Sec. 105. Data collection. 
Sec. 106. Electronic signatures. 
Sec. 107. Judicial education. 
Sec. 108. Conforming amendments to other laws. 
TITLE II—CONSUMER FINANCIAL PROTECTION AMENDMENTS 
Sec. 201. Amendments to the Consumer Financial Protection Act of 2010. 
Sec. 202. Amendments to the Truth in Lending Act. 
Sec. 203. Amendments to the Fair Credit Reporting Act. 
Sec. 204. Amendments to the Equal Credit Opportunity Act. 
Sec. 205. Amendments to the Fair Debt Collection Practices Act. 
Sec. 206. Amendments to the Electronic Fund Transfers Act. 
TITLE III—BANKRUPTCY RULES 
Sec. 301. Rules Enabling Act amendments. 
Sec. 302. Bankruptcy rules amendments. 
Sec. 303. Sense of Congress. 
TITLE IV—FUNDING THE BANKRUPTCY SYSTEM 
Sec. 401. Bankruptcy fees. 
Sec. 402. Trustee compensation. 
TITLE V—BANKRUPTCY LIEN FILING SYSTEM 
Sec. 501. Bankruptcy lien filing system. 
TITLE VI—MISCELLANEOUS 
Sec. 601. Effective date. 
Sec. 602. Transition. 
Sec. 603. Severability. 
TITLE I—CHAPTER 10 
INDIVIDUAL BANKRUPTCY 
SEC. 101. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds that— 
(1) individuals and families are often in finan-
cial distress for reasons outside of their control, such 
as job loss, medical bills, or educational debt, and an 
effective bankruptcy system not only provides those 
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individuals and families with a fresh start but also 
ensures that they can participate fully in the United 
States economy; 
(2) the Bankruptcy Code was adopted in 1978, 
and, since then, consumer lending has grown dra-
matically and been transformed by technology and 
the preemption of State usury and consumer protec-
tion laws for certain types of lenders; 
(3) unnecessary paperwork and overly complex 
laws increase the cost of bankruptcy and prevent in-
dividuals and families in the United States who need 
help from accessing the bankruptcy system; 
(4) many consumer debtors cannot afford bank-
ruptcy counsel and must instead save up to pay an 
attorney to file their bankruptcy petitions; 
(5) the dual-track bankruptcy system produces 
racially disparate outcomes that disadvantage people 
of color; 
(6) student loan debt burdens are creating dis-
tortions in the labor and housing market; 
(7) the nondischargeability of private student 
loan debt has not resulted in lower financing costs 
for student loan borrowers; 
(8) the inability of debtors to restructure home 
mortgage loans has led to unnecessary foreclosures 
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that have created hardships for individuals and fam-
ilies and their communities without reducing costs of 
mortgage financing; 
(9) individuals and families often rely on their 
cars to get to work and to get dependents to school 
and medical appointments but often cannot retain 
their cars in bankruptcy without paying substan-
tially more than the car is worth; 
(10) the difficulty of enforcing the discharge in-
junction has enabled illegal debt collection activity 
that undercuts the fresh start policy of bankruptcy; 
(11) existing law does not provide a sufficient 
deterrent to predatory creditors that harm individ-
uals and families in bankruptcy by violating con-
sumer financial laws or failing to comply with bank-
ruptcy rules; and 
(12) well-counseled, affluent debtors can avoid 
repaying creditors through asset protection planning. 
(b) PURPOSE.—The purpose of the Act is to establish 
a bankruptcy system that helps individuals and families 
in the United States regain financial stability and protects 
against abusive and predatory behavior by— 
(1) streamlining the process of filing for bank-
ruptcy, simplifying court procedures in bankruptcy, 
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and lowering the cost of bankruptcy for both con-
sumers and creditors; 
(2) creating a single-chapter consumer bank-
ruptcy system that allows consumers greater flexi-
bility in addressing their debts and prevents dis-
parate treatment of similarly situated consumers; 
(3) offering consumers more and better options 
to deal with debts, while ensuring the fair treatment 
of creditors; 
(4) making it easier for consumers to pay an 
attorney for counsel or representation in a bank-
ruptcy case; 
(5) simplifying the identification and treatment 
of cases by expanding the number of routine cases 
that are handled by the court in which there is no 
chance of a reasonable payment to creditors and re-
ducing paperwork requirements in those routine 
cases; 
(6) allowing the modification of mortgages on 
all residences; 
(7) allowing the modification of car loans based 
on the market value of a car; 
(8) allowing the discharge of student loan debt 
on equal terms with most other types of debt; 
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(9) reducing racial, gender, and other harmful 
disparities in the availability, accessibility, costs, and 
outcomes with respect to the bankruptcy process; 
(10) ensuring the fair treatment of claimants 
for domestic support obligations; 
(11) reducing abusive creditor behavior; and 
(12) closing bankruptcy loopholes that allow the 
wealthy to exploit the bankruptcy process. 
SEC. 102. CHAPTER 10 INDIVIDUAL BANKRUPTCY. 
(a) IN GENERAL.—Title 11, United States Code, is 
amended by inserting after section 946 the following: 
‘‘CHAPTER 10—INDIVIDUAL BANKRUPTCY 
‘‘SUBCHAPTER I—GENERAL PROVISIONS 
‘‘Sec. 
‘‘1001. Trustee. 
‘‘1002. Rights and powers of debtor. 
‘‘1003. Debtor engaged in business. 
‘‘1004. Possession of property of the estate. 
‘‘1005. Conversion or dismissal. 
‘‘1006. Treatment of certain contracts and leases. 
‘‘1007. Treatment of rental purchase agreements. 
‘‘1008. Obtaining credit. 
‘‘1009. Stay of action against codebtor. 
‘‘1010. Interpretive principle. 
‘‘SUBCHAPTER II—PLANS 
‘‘1021. Filing of plans. 
‘‘1022. Contents of plans. 
‘‘1023. Plan confirmation hearing. 
‘‘1024. Confirmation of plans. 
‘‘1025. Payments under a repayment plan. 
‘‘1026. Payments under a residence plan or property plan. 
‘‘1027. Protection of lessors and purchase money lenders. 
‘‘1028. Effect of confirmation. 
‘‘1029. Modification of repayment plan. 
‘‘SUBCHAPTER III—DISCHARGE 
‘‘1031. Discharge; scope and timing. 
‘‘1032. Revocation of discharge or order of confirmation. 
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‘‘SUBCHAPTER IV—AVOIDANCE ACTIONS 
‘‘1041. Treatment of certain liens. 
‘‘1042. Limitations on avoidance actions. 
‘‘SUBCHAPTER V—LIMITED PROCEEDINGS 
‘‘1051. Election of limited proceeding. 
‘‘1052. Effect of limited proceeding. 
‘‘1053. Dismissal or conversion of limited proceedings. 
‘‘SUBCHAPTER I—GENERAL PROVISIONS 
‘‘§ 1001. Trustee 
‘‘(a) APPOINTMENT.—Except as provided by section 
1052, in a case under this chapter, the United States 
trustee— 
‘‘(1) shall appoint 1 disinterested individual to 
serve as trustee from the panel of private trustees 
under section 586(a) of title 28 or a standing trust-
ee under subsection (b) of that section who meets 
the requirements of a trustee under section 522 of 
this title; or 
‘‘(2) may serve as trustee. 
‘‘(b) DUTIES.—The trustee shall— 
‘‘(1) perform the duties required under para-
graphs (2) through (5) and (7) of section 704; 
‘‘(2) appear and be heard at any hearing that 
concerns— 
‘‘(A) the value of property subject to a 
lien; or 
‘‘(B) confirmation of a repayment plan, a 
residence plan, or a property plan; 
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‘‘(3) advise, other than on legal matters, and 
assist the debtor in the formulation of, and perform-
ance under, any plan; 
‘‘(4) ensure that the debtor commences making 
timely payments under section 1025; 
‘‘(5) in the case of a debtor against whom there 
is a claim for a domestic support obligation, provide 
the notices required under subsection (d); and 
‘‘(6) in the case of a debtor engaged in business 
as described in section 1003(a), perform the duties 
required under paragraphs (3) and (4) of section 
1106(a). 
‘‘(c) PROHIBITIONS.—The trustee may not— 
‘‘(1) serve as an advocate for debtors or credi-
tors; 
‘‘(2) advise debtors or creditors on legal mat-
ters; or 
‘‘(3) raise an objection to a plan filed under 
section 1021 solely on the basis of the treatment of 
a secured claim under the plan. 
‘‘(d) DOMESTIC SUPPORT CLAIM NOTICE.— 
‘‘(1) DEFINITION OF STATE OR LOCAL CHILD 
SUPPORT
ENFORCEMENT
AGENCY.—In this sub-
section, the term ‘State or local child support en-
forcement agency’ means any agency of a State or 
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political subdivision thereof operating pursuant to a 
plan described in section 454 of the Social Security 
Act (42 U.S.C. 654) that has been approved by the 
Secretary of Health and Human Services under part 
D of title IV of such Act (42 U.S.C. 651 et seq.). 
‘‘(2) ADDITIONAL DUTIES.—In the case of a 
debtor against whom there is a claim for a domestic 
support obligation, the trustee shall— 
‘‘(A) provide written notice of the claim to 
the holder of the domestic support obligation 
that includes— 
‘‘(i) a notice of the right of the holder 
to use the services of a State or local child 
support enforcement agency for assistance 
in collecting child support during and after 
the case; and 
‘‘(ii) the address and telephone num-
ber of the State or local child support en-
forcement agency of the State or political 
subdivision thereof in which the holder re-
sides; 
‘‘(B) provide written notice of the claim to 
the State or local child support enforcement 
agency of the State or political subdivision 
thereof in which the holder resides that includes 
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the name, address, and telephone number of the 
holder of the domestic support obligation; and 
‘‘(C) on the date on which the debtor is 
granted a discharge under section 1031, provide 
written notice to the holder of the domestic sup-
port obligation and the State or local child sup-
port enforcement agency of the State or polit-
ical subdivision thereof in which the holder re-
sides of— 
‘‘(i) the granting of the discharge; 
‘‘(ii) the most recent known address 
of the debtor; 
‘‘(iii) the most recent known name 
and address of the most recent known em-
ployer of the debtor; and 
‘‘(iv) the name of each creditor that 
holds a claim that is not discharged under 
paragraph (2) or (4) of section 523(a). 
‘‘(3) ADDRESS REQUEST.— 
‘‘(A) IN GENERAL.—The holder of a claim 
for domestic support against the debtor or a 
State or local child support enforcement agency 
of the State or political subdivision thereof in 
which the holder resides may request from a 
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creditor described in paragraph (2)(C)(iv) the 
most recent known address of the debtor. 
‘‘(B) NO LIABILITY.—Notwithstanding any 
other provision of law, a creditor that makes a 
disclosure in connection with a request made 
under subparagraph (A) shall not be liable for 
making the disclosure. 
‘‘§ 1002. Rights and powers of debtor 
‘‘(a) IN GENERAL.—Subject to any limitations of a 
trustee under this chapter, the debtor shall have, exclusive 
of the trustee, the rights and powers of a trustee under— 
‘‘(1) subsections (b), (c), (d), (f), and (l) of sec-
tion 363; and 
‘‘(2) section 364. 
‘‘(b) AVOIDANCE OF TRANSFERS.—The debtor may 
avoid a transfer of property of the debtor or recover a 
setoff if— 
‘‘(1)(A) the transfer is avoidable by the trustee 
under section 544, 545, 547, 548, 549, or 1041 or 
recoverable by the trustee under section 553; and 
‘‘(B) the trustee does not attempt to avoid the 
transfer; or 
‘‘(2) section 1042 prohibits the trustee from 
avoiding the transfer. 
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‘‘§ 1003. Debtor engaged in business 
‘‘(a) IN GENERAL.—For the purposes of this chapter, 
a debtor is engaged in business if the debtor is— 
‘‘(1) self-employed; and 
‘‘(2) required to withhold taxes under section 
3402 of the Internal Revenue Code of 1986. 
‘‘(b) RIGHTS.—Unless the court orders otherwise, a 
debtor engaged in business may operate the business of 
the debtor and, subject to any limitations on a trustee 
under sections 363(c) and 364 and to such limitations or 
conditions as the court prescribes, shall have, exclusive of 
the trustee, the rights and powers of the trustee under 
such sections. 
‘‘(c) DUTIES.—A debtor engaged in business— 
‘‘(1) shall perform the duties of the trustee re-
quired under section 704(7); and 
‘‘(2) is not subject to the provisions of section 
308. 
‘‘§ 1004. Possession of property of the estate 
‘‘The debtor shall remain in possession of all property 
of the estate, unless— 
‘‘(1) a confirmed plan or an order confirming a 
plan provides otherwise; or 
‘‘(2) the court, for cause, orders otherwise. 
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‘‘§ 1005. Conversion or dismissal 
‘‘(a) CONVERSION ON REQUEST OF DEBTOR.—At 
any time, the debtor may convert a case under this chapter 
to a case under— 
‘‘(1) chapter 11, if the debtor is eligible under 
section 109(e); or 
‘‘(2) chapter 12, if the debtor is eligible under 
section 109(f). 
‘‘(b) CONVERSION OR DISMISSAL ON REQUEST OF 
OTHER PARTIES.—After notice and a hearing, the court, 
on its own motion, or on a motion by a creditor, the 
United States trustee, the trustee, or any other party in 
interest, may, for cause, dismiss a case under this chapter 
or, with the consent of the debtor, convert a case under 
this chapter to a case under chapter 11 or 12, including— 
‘‘(1) unreasonable delay by the debtor that is 
prejudicial to creditors; 
‘‘(2) nonpayment of any fees or costs required 
under section 1930 of title 28; 
‘‘(3) failure to timely file a plan under section 
1021, unless the debtor is eligible for a discharge 
without a plan under section 1031; 
‘‘(4) failure to commence making timely pay-
ments required under section 1025 if the debtor files 
a repayment plan; 
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‘‘(5) denial of confirmation of a plan under sec-
tion 1024 and denial of a request for additional time 
for filing another plan; 
‘‘(6) except as provided by section 1052(8), and 
only on request of the United States trustee, failure 
of the debtor in a voluntary case to file, not later 
than 14 days after the date of the commencement of 
the case, or additional time as the court may allow, 
the information required under section 521(a)(1); 
and 
‘‘(7) failure to file a repayment plan, if re-
quired, by the deadline prescribed under section 
1021(e). 
‘‘(c) DISMISSAL.— 
‘‘(1) DISMISSAL
FOR
MANIFESTLY
IMPROPER 
USE OF THE BANKRUPTCY SYSTEM.— 
‘‘(A) IN GENERAL.—Notwithstanding sub-
section (b), after notice and a hearing, the 
court, on its own motion or on a motion by the 
United States trustee or the trustee, may dis-
miss a case on grounds that the granting of re-
lief would be a manifestly improper use of the 
bankruptcy system. 
‘‘(B) MANIFESTLY IMPROPER USE OF THE 
BANKRUPTCY
SYSTEM.—For the purpose of 
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subparagraph (A), the failure of a debtor to pay 
an amount that is greater than the minimum 
payment obligation under a repayment plan 
alone does not constitute a manifestly improper 
use of the bankruptcy system. 
‘‘(2) DISMISSAL AT REQUEST OF DEBTOR.— 
‘‘(A) IN GENERAL.—At the request of the 
debtor, at any time, the court shall dismiss a 
case under this chapter if the case has not been 
converted under subsection (a). 
‘‘(B) WAIVER UNENFORCEABLE.—A waiv-
er of the right to dismiss a case under this sec-
tion is unenforceable. 
‘‘§ 1006. Treatment of certain contracts and leases 
‘‘Notwithstanding a provision in any contract or un-
expired lease, or in applicable law, with respect to any con-
tract or unexpired lease of the debtor, the contract or lease 
and any right or obligation under the contract or lease 
may not be terminated or modified, and neither the debtor 
nor any individual liable on such contract or unexpired 
lease with the debtor may be declared in default under 
the contract or lease at any time during or after the case, 
solely because of a provision in the contract or lease that 
is conditioned on— 
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‘‘(1) the insolvency or financial condition of the 
debtor at any time before the closing of the case; 
‘‘(2) the commencement of a case under this 
title; 
‘‘(3) the appointment of, or taking possession 
by— 
‘‘(A) a trustee in a case under this title; or 
‘‘(B) a custodian before the commence-
ment of a case under this title; or 
‘‘(4) the filing of a plan or the exercise of any 
other right under this title. 
‘‘§ 1007. Treatment of rental-purchase agreements 
‘‘(a) DEFINITION
OF RENTAL-PURCHASE AGREE-
MENT.—In this section, the term ‘rental-purchase agree-
ment’ means an agreement, irrespective of form— 
‘‘(1) for the use of personal property, other 
than a vehicle, by the debtor for personal, family, or 
household purposes; 
‘‘(2) that is renewable with each payment; and 
‘‘(3) that permits, but does not obligate, the 
debtor to become the owner of the property that is 
the subject of the agreement. 
‘‘(b) NO INTEREST IN PROPERTY.—For the purpose 
of this chapter and notwithstanding applicable nonbank-
ruptcy law, the lessor on a rental-purchase agreement does 
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not have an interest in the property covered by the rental- 
purchase agreement. 
‘‘(c) ELECTION TO RETAIN PROPERTY.—Notwith-
standing section 365 and subject to subsection (d), in a 
case under this chapter, the debtor may elect to retain 
the property covered by a rental-purchase agreement. 
‘‘(d) CLAIMS OF LESSOR-SELLER.—Notwithstanding 
section 365 and subject to section 502, if the debtor elects 
to retain the property covered by a rental-purchase agree-
ment, the lessor-seller shall have a claim for the sum of— 
‘‘(1) accrued and unpaid rent under the rental- 
purchase agreement; and 
‘‘(2) if the debtor has elected to become owner 
of the property under the rental-purchase agree-
ment, future rent and other payments due under the 
rental-purchase agreement. 
‘‘(e) TERMINATION.—Nothing in this section shall be 
construed to prohibit the debtor from terminating a rent-
al-purchase agreement. 
‘‘(f) POST-DISCHARGE EXERCISE OF LESSOR-SELL-
ER’S RIGHTS PROHIBITED.—Any attempt to exercise the 
rights of a lessor-seller under a rental-purchase agreement 
or applicable nonbankruptcy law after the issuance of a 
discharge under section 1028 shall be deemed to be a vio-
lation of section 524(a). 
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‘‘§ 1008. Obtaining credit 
‘‘(a) DEFINITION OF CREDIT.—In this section, the 
term ‘credit’ has the meaning given the term in section 
103 of the Truth in Lending Act (15 U.S.C. 1602). 
‘‘(b) OBTAINING CREDIT.— 
‘‘(1) IN GENERAL.—The debtor in a case under 
this chapter may not obtain credit outside the ordi-
nary course of the affairs of the debtor without prior 
authorization by the court. 
‘‘(2) COURT
APPROVAL.—After notice and a 
hearing, the court shall may authorize the debtor to 
obtain credit under paragraph (1) or incur debt only 
if it is in the best interests of the debtor. 
‘‘(3) VOIDING OF OTHER POST-PETITION CRED-
IT INCURRED.—Any credit obtained or debt incurred 
by a debtor not in accordance with this subsection 
is void. 
‘‘(4) CREDIT RATE LIMIT.—In no event may 
the court authorize the debtor to obtain credit with 
an annual percentage rate that exceeds the annual 
percentage rate described in section 987(b) of title 
10. 
‘‘(5) 
COMPLIANCE
WITH
NONBANKRUPTCY 
LAW.—Credit obtained by a debtor pursuant to this 
section shall comply with applicable nonbankruptcy 
law. 
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‘‘(c) APPLICATION OF SECTION.—This section shall 
apply to credit obtained by a debtor until the date on 
which the case is closed under section 350. 
‘‘§ 1009. Stay of action against codebtor 
‘‘(a) COLLECTION OF DEBT.—Except as provided in 
subsections (b) and (c) of this section, after the entry of 
the order for relief under this chapter, a creditor may not 
act or commence or continue any civil action to collect all 
or any part of a consumer debt of the debtor from any 
individual that is liable on the consumer debt with the 
debtor or that secured the consumer debt, unless— 
‘‘(1) the individual became liable on, or secured, 
the consumer debt in the ordinary course of business 
of the individual; or 
‘‘(2) the case is closed, dismissed, or converted 
to a case under chapter 11 or 12 of this title. 
‘‘(b) NEGOTIABLE INSTRUMENTS.—A creditor may 
present a negotiable instrument, and may give notice of 
dishonor of such an instrument. 
‘‘(c) RELIEF FROM STAY.—On request of a party in 
interest and after notice and a hearing, the court shall 
grant relief from the stay provided under subsection (a) 
with respect to a creditor, to the extent that— 
‘‘(1) as between the debtor and the individual 
protected under subsection (a), the individual re-
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ceived consideration for the claim held by the cred-
itor; 
‘‘(2) the plan filed by the debtor does not pro-
pose to pay the claim; or 
‘‘(3) the interest of the creditor would be irrep-
arably harmed by a continuation of the stay. 
‘‘(d) TERMINATION OF STAY.—On the date that is 
20 days after the date on which a party in interest files 
a request under subsection (c) for relief from the stay pro-
vided under subsection (a), the stay shall be terminated 
with respect to the party in interest, unless the debtor or 
any individual that is liable on the consumer debt with 
the debtor files and serves upon the party in interest a 
written objection to the proposed relief from the stay. 
‘‘§ 1010. Interpretive principle 
‘‘In cases in under this chapter, the provisions of this 
title shall be interpreted liberally in favor of relief for con-
sumer debtors. 
‘‘SUBCHAPTER II—PLANS 
‘‘§ 1021. Filing of plans 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(c), the debtor may file— 
‘‘(1) a repayment plan that solely provides for 
the treatment of unsecured claims; 
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‘‘(2) a residence plan that solely provides for 
the treatment of claims secured by the debtor’s prin-
cipal residence; or 
‘‘(3) a property plan that solely provides for the 
treatment of claims secured by property that is not 
the debtor’s principal residence. 
‘‘(b) MULTIPLE PLANS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) MORE
THAN
PLAN.—Subject to 
subparagraph (B), the debtor may file 1 or 
more plans. 
‘‘(B) PROHIBITION.—If the court confirms 
a repayment plan of a debtor, the debtor may 
not file an additional repayment plan in a case 
under this chapter. 
‘‘(2) SEPARATE TREATMENT.—Except as pro-
vided in section 1023(a), each plan shall be treated 
separately for purposes of confirmation, discharge, 
and revocation of an order of confirmation or dis-
charge. 
‘‘(c) INVOLUNTARY CASES.—In a case commenced 
under section 303— 
‘‘(1) a petitioning creditor may file only a re-
payment plan under which the minimum payment 
obligation of the debtor shall be calculated to ex-
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clude any amounts required by clause (ii) or (iii) of 
section 101(54)(B); 
‘‘(2) the debtor may file a repayment plan, 
which shall supersede any repayment plan filed 
under paragraph (1); and 
‘‘(3) if more than 1 petitioning creditor files a 
repayment plan under paragraph (1) and the debtor 
does not file a repayment plan under paragraph (2), 
the court shall confirm the repayment plan that is 
in the best interest of creditors. 
‘‘(d) DISCHARGE WITHOUT A PLAN.—A debtor with 
a minimum payment obligation of $0 shall receive a dis-
charge under section 1031 without filing a plan if the 
debtor is otherwise eligible to receive a discharge under 
this chapter. 
‘‘(e) FILING DEADLINE.—The debtor shall promptly 
file a plan within such period of time as permitted in a 
rule prescribed the Judicial Conference of the United 
States, except that the court may extend such time period 
for cause. 
‘‘§ 1022. Contents of plans 
‘‘(a) REPAYMENT PLANS.— 
‘‘(1) IN GENERAL.—A repayment plan— 
‘‘(A) shall provide that— 
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‘‘(i) the debtor shall satisfy the min-
imum payment obligation by— 
‘‘(I) making deferred cash pay-
ments; or 
‘‘(II) upon request of the trustee, 
and subject to paragraph (2), ten-
dering to the trustee all property of 
the estate that is not exempt under 
section 522 not later than 30 days 
after the date on which the court con-
firms the plan, unless the court orders 
a later date; 
‘‘(ii) any payments under the repay-
ment plan occur during a period not to ex-
ceed 36 months from the date on which 
the first payment is due under a repay-
ment plan under section 1025(b)(1); and 
‘‘(iii) any payment under a repayment 
plan, other than the final payment, shall 
be in an amount that is not less than the 
payments required for 36 equal monthly 
installments, unless the court orders other-
wise for cause, which may include the ir-
regular or seasonal nature of the debtor’s 
income; and 
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‘‘(B) may— 
‘‘(i) pursuant to section 365, provide 
for the assumption, rejection, or assign-
ment of any executory contract or unex-
pired lease of the debtor that has not pre-
viously been assumed or rejected under 
that section; 
‘‘(ii) provide for the payment in full, 
in deferred cash payments, over the dura-
tion of the repayment plan, of any claim 
based on a debt of a kind described in sec-
tion 523 if the plan also provides for the 
payment in full, in deferred cash pay-
ments, of all claims entitled to priority 
under section 507, other than the claim of 
a holder that is based on a debt described 
in section 507 that agrees to a different 
treatment of that claim; 
‘‘(iii) provide for the exercise of any 
other power of the debtor or the trustee 
under this title; 
‘‘(iv) provide for an order garnishing 
the earnings of the debtor or ordering the 
authorization of electronic fund transfers 
from a deposit account of the debtor dur-
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ing the duration of the repayment plan; 
and 
‘‘(v) include any other appropriate 
provision not inconsistent with this title. 
‘‘(2) REQUEST FOR TENDER BY TRUSTEE.— 
‘‘(A) IN GENERAL.—The trustee shall re-
quest the tender of property of the estate that 
is not exempt under section 522 only if the liq-
uidation of such property would be reasonably 
likely to produce a meaningful distribution to 
creditors. 
‘‘(B) INSTALLMENT
REDEMPTION
AS
AN 
ALTERNATIVE
TO
TENDER.—In lieu of ten-
dering nonexempt property of the estate under 
paragraph (1)(A)(i)(II), the debtor may elect to 
pay to the trustee under the repayment plan an 
amount equal to the value of the interest of the 
debtor in such property that is in excess of the 
sum of— 
‘‘(i) any allowed secured claims that 
are secured by that property; and 
‘‘(ii) any exemption applicable under 
section 522(b). 
‘‘(b) RESIDENCE PLANS.—A residence plan may— 
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‘‘(C) if there is not a timely acceptance of 
the tender of the principal residence— 
‘‘(i) a sale free and clear of liens of 
the debtor’s principal residence shall be 
conducted in a commercially reasonable 
manner; and 
‘‘(ii) after deducting the costs of the 
sale, any liens against the debtor’s prin-
cipal residence shall attach to the proceeds 
of the sale; 
‘‘(5) provide for an order garnishing the earn-
ings of the debtor or authorizing electronic fund 
transfers from a deposit account of the debtor dur-
ing the duration of the residence plan, but only to 
the extent necessary to cure any default on a claim 
secured by the debtor’s principal residence in accord-
ance with subsection (d); and 
‘‘(6) include any other appropriate provision not 
inconsistent with this title. 
‘‘(c) PROPERTY PLANS.—A property plan may— 
‘‘(1) modify or leave unaffected the rights of 
holders of claims secured by the property, other than 
property that is the debtor’s principal residence; 
‘‘(2) provide for the curing or waiving within a 
reasonable time of any default on any claim secured 
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by the property of the debtor that is not the debtor’s 
principal residence in accordance with subsection 
(d)(2); 
‘‘(3) provide for payment of any allowed se-
cured claim secured by the property of the debtor 
that is not the debtor’s principal residence; 
‘‘(4) subject to section 522(e), treat as the 
holder of a secured claim— 
‘‘(A) the seller or assignee of an install-
ment sales contract for personal property or the 
equivalent of such a contract; 
‘‘(B) the lessor of a lease of personal prop-
erty, the term of which extends beyond the re-
maining economic life of the property; or 
‘‘(C) a party to an agreement, irrespective 
of form, that is a security interest in personal 
property under applicable nonbankruptcy law; 
‘‘(5) provide for an order garnishing the earn-
ings of the debtor or ordering the authorization of 
electronic fund transfers from a deposit account of 
the debtor during the duration of the property plan; 
and 
‘‘(6) include any other appropriate provision not 
inconsistent with this title. 
‘‘(d) CURE OF DEFAULT.— 
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‘‘(1) PRINCIPAL RESIDENCE.—Notwithstanding 
any applicable nonbankruptcy law, a default with re-
spect to, or that gives rise to, a lien on the property 
that is the debtor’s principal residence may be cured 
by a residence plan under subsection (a)(2)(B) until 
the debtor ceases to have rights, including a right of 
redemption, in the property. 
‘‘(2) AMOUNT TO CURE.— 
‘‘(A) IN GENERAL.—Notwithstanding sec-
tion 506(b), if a repayment plan, a residence 
plan, or a property plan provides for the curing 
of a default, the amount necessary to cure the 
default shall be determined in accordance with 
the underlying agreement and applicable non-
bankruptcy law. 
‘‘(B) PROHIBITION.—The cure of a default 
under subparagraph (A) may not require— 
‘‘(i) interest on arrearages; or 
‘‘(ii) the payment of any penalty rate, 
late fee, or payment required under a pen-
alty provision or a similar provision. 
‘‘§ 1023. Plan confirmation hearing 
‘‘(a) IN GENERAL.—If the trustee, the United States 
trustee, or a creditor objects to confirmation of a plan filed 
under section 1021, the court shall hold a hearing on con-
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firmation of the plan within such period of time as per-
mitted in a rule prescribed the Judicial Conference of the 
United States, except that the court may extend such time 
period for cause. 
‘‘(b) CONFIRMATION WITHOUT HEARING.—If no ob-
jection is raised, the court shall, upon notice, promptly 
confirm a plan that complies with section 1024(a) without 
a hearing. 
‘‘(c) MULTIPLE PLANS.—If the debtor files more 
than 1 plan under section 1021, the court shall hold a 
single hearing on confirmation on all of the plans, un-
less— 
‘‘(1) the court orders otherwise for cause; or 
‘‘(2) no hearing is required under subsection 
(b). 
‘‘§ 1024. Confirmation of plans 
‘‘(a) PLAN REQUIREMENTS.—Subject to subsections 
(b) through (d), the court shall confirm a plan under this 
section if all of the following requirements are met: 
‘‘(1) The plan complies with the applicable pro-
visions of this title, other than section 1022(a)(1). 
‘‘(2) Any fee, charge, or amount that is re-
quired to be paid before confirmation under chapter 
123 of title 28 or the plan has been paid. 
‘‘(3) The plan has not been proposed— 
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‘‘(A) in bad faith, which may not be dem-
onstrated solely by the amount of payments 
proposed by the debtor under a repayment plan; 
or 
‘‘(B) by any means forbidden by law. 
‘‘(4) The debtor is likely to be able to make all 
payments under the plan and to comply with the 
plan. 
‘‘(5) In the case of a debtor that is required by 
a judicial or administrative order or by a statute to 
pay a domestic support obligation, the debtor has 
paid all amounts required by such domestic support 
obligation that first became payable after the date of 
the filing of the petition. 
‘‘(6) Any compensation paid under the plan to 
the attorney of the debtor is reasonable and satisfies 
the requirements of section 329(c). 
‘‘(b) OBJECTION
TO REPAYMENT PLAN.—If the 
trustee or the holder of an allowed unsecured claim objects 
to a repayment plan that complies with subsection (a), the 
court shall confirm the repayment plan only if— 
‘‘(1) the plan satisfies the requirements of sec-
tion 1022(a)(1); or 
‘‘(2) the court finds that, because of cir-
cumstances that the debtor cannot reasonably avoid, 
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the debtor is justly excused from satisfying all or 
part of the requirements of section 1022(a)(1). 
‘‘(c) OBJECTION TO RESIDENCE PLAN.—If the hold-
er of an allowed secured claim secured by the debtor’s 
principal residence objects to the confirmation of a resi-
dence plan, the court shall confirm the residence plan only 
if, for any such allowed secured claim of which the holder 
has objected to the confirmation, the residence plan pro-
vides that— 
‘‘(1) the holder retains the lien securing the 
claim; 
‘‘(2) the value, as of the effective date of the 
residence plan, of the payments to be distributed 
under the residence plan on account of the claim is 
not less than the allowed amount of the secured 
claim; 
‘‘(3) payments on all claims under the residence 
plan are in equal monthly amounts, other than pay-
ments 
to 
cure 
a 
default 
under 
section 
1022(a)(2)(B); 
‘‘(4) except as provided in paragraph (5), de-
fault under the residence plan constitutes default 
under any security agreement that creates a security 
interest in the debtor’s principal residence; 
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‘‘(5) the debtor will be in default for a late pay-
ment under the plan and any security agreement 
that creates a security interest in the debtor’s prin-
cipal residence only if the debtor is more than 120- 
days delinquent on any payment under the residence 
plan; 
‘‘(6) the holders of any judicial lien or statutory 
lien created before the order for relief cannot exer-
cise any remedies under applicable nonbankruptcy 
law, unless the debtor is 120-days delinquent on any 
payment under the residence plan; 
‘‘(7) the last payment on account of the secured 
claim is due on a date that is not later than the 
later of— 
‘‘(A) 15 years after the date of confirma-
tion of the residence plan; or 
‘‘(B) 5 years after the original maturity 
date of the loan relating to the claim; and 
‘‘(8) the debt secured by the debtor’s principal 
residence that is dealt with by the residence plan has 
not been previously provided for by a residence plan 
that was— 
‘‘(A) confirmed on a date that is not more 
than 6 years before the date of the filing of the 
petition; and 
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‘‘(B) completed. 
‘‘(d) OBJECTION TO PROPERTY PLAN.—If the holder 
of an allowed secured claim that is secured by property 
that is not the debtor’s principal residence objects to the 
confirmation of a property plan, the court shall confirm 
the property plan only if— 
‘‘(1) the property plan provides that— 
‘‘(A) the holder of the claim retains the 
lien securing the allowed secured claim; 
‘‘(B) the value, as of the effective date of 
the property plan, of the property to be distrib-
uted under the property plan on account of the 
claim is not less than the amount of the allowed 
secured claim, unless— 
‘‘(i) the property securing the claim is 
a motor vehicle that was acquired by the 
debtor within the 90-day period imme-
diately preceding the date of the filing of 
the petition; and 
‘‘(ii) the lien securing the claim is a 
purchase-money security interest; 
‘‘(C) the value, as of the effective date of 
the property plan, of property to be distributed 
on account of a claim described in clauses (i) 
through (iii) of subparagraph (B) is not less 
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than the allowed amount of the claim, as cal-
culated under section 502; 
‘‘(D) payments on all claims under the 
property plan are in equal monthly amounts; 
‘‘(E) except as provided in subparagraph 
(F), default under the property plan constitutes 
default under any security agreement that cre-
ates a security interest in the property subject 
to the property plan; 
‘‘(F) the debtor is in default for a late pay-
ment under the plan and any security agree-
ment that creates a security interest in the 
property subject to the property plan only if the 
debtor is not less than 90 days delinquent on 
payment to the holder of the security interest 
under the property plan; 
‘‘(G) the property plan provides that the 
holder of a judicial lien or statutory lien created 
before the date of the order for relief cannot ex-
ercise any remedies relating to the judicial lien 
or statutory lien under applicable nonbank-
ruptcy law, unless the debtor is not less than 90 
days delinquent on any payment to the 
lienholder under the property plan; 
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‘‘(H) the last payment due under the prop-
erty plan is due on a date that is not later than 
the later of— 
‘‘(i) 5 years after the date of con-
firmation of the property plan; or 
‘‘(ii) the original maturity date of 
loan; and 
‘‘(I) the debt secured by the property that 
is dealt with by the property plan has not been 
previously provided for by a property plan that 
was— 
‘‘(i) confirmed on a date that is not 
more than 6 years before the date of the 
filing of the petition; and 
‘‘(ii) completed; 
‘‘(2) if the property securing the claim of the 
objecting holder is a motor vehicle— 
‘‘(A) the debtor has provided the holder of 
any security interest in the motor vehicle with 
reasonable evidence of the maintenance of any 
required insurance coverage on the motor vehi-
cle securing the claim sufficient to protect the 
interest of the holder in the motor vehicle; and 
‘‘(B) the motor vehicle is— 
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‘‘(i) used regularly as a means of 
transportation for the debtor or a depend-
ent of the debtor; or 
‘‘(ii) used by the debtor or a depend-
ent of the debtor in business; and 
‘‘(3) if the property securing the claim of the 
objecting holder is not a motor vehicle— 
‘‘(A) the property is reasonably necessary 
for the support or maintenance of the debtor or 
a dependent of the debtor; or 
‘‘(B) the property is reasonably necessary 
for the continuation, preservation, and oper-
ation of a business owned or operated by the 
debtor or a dependent of the debtor. 
‘‘(e) IMPAIRMENT.— 
‘‘(1) IN GENERAL.—The holder of an allowed 
secured claim that is not impaired under a plan may 
not object to a residence plan under subsection (c) 
or a property plan under subsection (d). 
‘‘(2) DETERMINATION.—For the purpose of 
this subsection, impairment shall be determined 
under section 1124. 
‘‘(f) DENIAL OF MOTION.— 
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‘‘(1) IN GENERAL.—A denial of a motion to 
confirm a plan shall constitute a final, appealable 
order. 
‘‘(2) PLAN
MODIFICATION.—Nothing in this 
section shall be construed to prevent a debtor from 
proposing to modify a plan that has been denied 
confirmation. 
‘‘(g) MULTIPLE PLANS.—If the debtor has filed mul-
tiple plans, any party in interest may request that the con-
firmation of any plan be stayed until the date on which 
the court confirms or denies any other plan. 
‘‘(h) INTEREST RATE.—The rate of interest that 
shall be used to calculate the value of property distributed 
under a plan, as of the effective date of the plan, shall 
be— 
‘‘(1) for the purpose of subsection (c)(2)— 
‘‘(A) in the case of a first priority lien, the 
current average prime offer rate (as defined in 
section 1026.35(a)(2) of title 12, Code of Fed-
eral Regulations) for a loan of the most similar 
duration and rate type; and 
‘‘(B) in the case of any other lien, a rate 
that is 300 basis points greater than the cur-
rent average prime offer rate (as defined in sec-
tion 1026.35(a)(2) of title 12, Code of Federal 
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Regulations) for a loan of the most similar du-
ration and rate type; and 
‘‘(2) for the purpose of subsection (d)(2), the 
current average prime offer rate for motor vehicle fi-
nancing of the most similar duration and rate type, 
as determined by the Bureau of Consumer Financial 
Protection under section 201(e) of the Consumer 
Bankruptcy Reform Act of 2020. 
‘‘§ 1025. Payments under a repayment plan 
‘‘(a) DUTIES OF TRUSTEE.—The trustee shall— 
‘‘(1) collect and be accountable for any future 
income of the debtor that is designated for a pay-
ment to a creditor under a repayment plan; 
‘‘(2) accept and be accountable for any property 
of the estate tendered by the debtor pursuant to a 
repayment plan under section 1022(a)(1)(A)(i)(II); 
and 
‘‘(3) reduce to money and be accountable for 
any property of the estate tendered by the debtor 
under the repayment plan as expeditiously as is com-
patible with the best interests of the parties in inter-
est. 
‘‘(b) PAYMENTS.— 
‘‘(1) IN GENERAL.—Except as provided by sec-
tion 1027 and unless the court orders otherwise, not 
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later than 30 days after the date of the order for re-
lief under this chapter, the debtor shall— 
‘‘(A) commence making payments in the 
amount proposed to be made under a repay-
ment plan; and 
‘‘(B) tender to the trustee any relevant 
property of the estate requested by the trustee 
under section 1022(a)(1)(A)(i)(II), unless the 
debtor has elected under section 1022(a)(2)(B) 
to pay the trustee for the value of such prop-
erty under a repayment plan. 
‘‘(2) ACTION BY TRUSTEE.— 
‘‘(A) RETENTION OF PAYMENTS PENDING 
PLAN CONFIRMATION.—The trustee shall retain 
a payment made under paragraph (1) until the 
date on which the repayment plan is confirmed 
or denied under section 1024. 
‘‘(B) DISTRIBUTION OF PAYMENTS.—If a 
repayment plan is confirmed under section 
1024, the trustee shall distribute any payments 
retained under subparagraph (A) in accordance 
with the repayment plan as soon as is prac-
ticable. 
‘‘(C) RETURN OF PAYMENTS.—The trust-
ee, after deducting the sum of each allowed ad-
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ministrative expense under section 503(b), shall 
return to the debtor any payments retained 
under paragraph (1) if the case is dismissed or 
converted. 
‘‘(3) MODIFICATION.—Subject to section 363, 
pending confirmation of a repayment plan, the 
court, after notice and a hearing, may for cause 
modify, increase, or reduce the payments required 
under this subsection. 
‘‘(c) PAYMENTS TO CREDITORS.— 
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in the repayment plan or in the order con-
firming the repayment plan, after confirmation of 
the plan, the trustee shall make payments to credi-
tors under the repayment plan. 
‘‘(2) PROHIBITION.—Except as provided in sub-
section (d), the trustee may not make a payment de-
scribed in section 1022(a)(1)(B)(ii) under a repay-
ment plan until the date on which the trustee makes 
every payment in accordance with any entitlement of 
a creditor, including a creditor provided for under 
section 1022(a)(1)(B)(ii), to payment under the 
minimum payment obligation. 
‘‘(d) PRIORITY OF PAYMENTS.— 
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‘‘(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), all payments made by the trustee under this 
section shall be disbursed according to the order of 
priority in section 726. 
‘‘(2) ADMINISTRATIVE EXPENSES AND FEES.— 
Before or at the time of each payment to a creditor 
under a repayment plan, the trustee shall pay any 
unpaid claim of a kind specified in section 
507(a)(2). 
‘‘(3) EXCEPTIONS.—In disbursing payments 
under this section, the trustee shall, at the time of 
each disbursement, pay— 
‘‘(A) any unpaid claim of the kind de-
scribed in section 507(a)(2); and 
‘‘(B) if a standing trustee appointed under 
section 586(b) of title 28 is serving in the case, 
the percentage fee fixed for the standing trustee 
under section 586(e) of title 28. 
‘‘(4) PROPERTY RECOVERED IN AVOIDANCE AC-
TIONS.—Subject to any exemption allowed under 
section 522, the trustee shall disburse any property 
the trustee recovers under section 550 in accordance 
with this subsection. 
‘‘(e) ENFORCEMENT OF OBLIGATIONS OF DEBTOR.— 
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‘‘(1) IN GENERAL.—Subject to paragraph (2), 
the obligations of a debtor under a repayment plan 
may be enforced solely by the trustee. 
‘‘(2) EXCEPTION.—The holder of a claim pro-
vided for under section 1022(a)(1)(B)(ii) may en-
force the debt that is the basis for the claim in ac-
cordance with section 1028(b). 
‘‘(3) 90-DAY
DELINQUENCY
REQUIREMENT.— 
The trustee may not commence any action to enforce 
an obligation of the debtor under a repayment plan 
based on a delinquent payment until after the date 
on which the debtor has been delinquent on the pay-
ment for an 90-day period. 
‘‘(4) PLAN ENFORCEABLE BY TRUSTEE AS A 
SIMPLE
CONTRACT.—Subject to sections 362 and 
1029 and paragraph (7), the trustee may enforce an 
obligation of the debtor under a repayment plan only 
as a simple contract under applicable nonbankruptcy 
law. 
‘‘(5) APPLICATION OF NONBANKRUPTCY LAW.— 
Except as provided in section 1029, enforcement of 
the obligations of a debtor under a repayment plan 
shall be subject to applicable nonbankruptcy law, in-
cluding laws relating to the garnishment of the 
wages of the debtor. 
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‘‘(6) INEFFICIENT
ENFORCEMENT
PROHIB-
ITED.—The trustee may not enforce an obligation of 
the debtor under a repayment plan if the reasonably 
anticipated costs of the enforcement would exceed 
the reasonably anticipated recovery to creditors after 
deducting the fee and expenses of the trustee. 
‘‘(7) STATUTE OF LIMITATIONS FOR TRUSTEE 
ENFORCEMENT.—An action by the trustee to enforce 
an obligation of the debtor under a repayment plan 
may not be commended on a date that is more than 
2 years after the earliest date on which the trustee 
may bring an action under paragraph (3). 
‘‘(8) TRUSTEE’S
RIGHTS
NONASSIGNABLE.— 
Any assignment, factoring, or transferring of rights 
or amounts a debtor owes to a trustee under a re-
payment plan, or of rights or authority to collect any 
such amounts, is void. 
‘‘§ 1026. Payments under a residence plan or property 
plan 
‘‘(a) IN GENERAL.—Payments under a residence 
plan or a property plan shall be made by the debtor in 
accordance with the plan. 
‘‘(b) CURE OF DEFAULT.— 
‘‘(1) IN GENERAL.—If a residence plan or prop-
erty plan proposes to cure a default on a claim se-
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cured by property of the debtor, the debtor may, 
upon completion of the cure payments due under the 
plan, certify to the holder of such claim using a form 
prescribed by the Judicial Conference of the United 
States, with notice given to the court, that the de-
fault has been cured. 
‘‘(2) PRESUMPTIVE EVIDENCE.—A certification 
of a debtor of cure of a default by the debtor under 
paragraph (1) shall constitute presumptive evidence 
that the default has in fact been cured. 
‘‘§ 1027. Protection of lessors and purchase money 
lenders 
‘‘(a) LEASE PAYMENTS.—The debtor shall timely 
make any payments scheduled in a lease of personal prop-
erty directly to the lessor for the portion of the obligation 
that becomes due after the date of the order for relief 
under this chapter, unless— 
‘‘(1) the court orders otherwise; 
‘‘(2) the debtor rejects a lease of personal prop-
erty under section 365(a); or 
‘‘(3) the debtor assumes a lease of personal 
property under section 365(p)(1)(B). 
‘‘(b) INSURANCE COVERAGE.—Not later than 60 
days after the date of the order for relief under this chap-
ter, a debtor who has proposed a plan that retains posses-
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sion of personal property subject to a lease a purchase 
money security interest shall— 
‘‘(1) provide the lessor or holder of the claim 
reasonable evidence of the maintenance of any insur-
ance coverage required under the lease or purchase 
money security agreement with respect to the use or 
ownership of the property; and 
‘‘(2) continue to provide the reasonable evidence 
required under paragraph (1) for as long as the 
debtor retains possession of the property before the 
date of confirmation of a plan addressing the prop-
erty. 
‘‘§ 1028. Effect of confirmation 
‘‘(a) BINDING EFFECT.—The provisions of a con-
firmed plan bind the debtor and each creditor of a claim 
for which the plan provides, regardless of whether the 
creditor has objected to the plan. 
‘‘(b) REPAYMENT PLAN INJUNCTION.—Confirmation 
of a repayment plan shall operate as an injunction against 
the commencement or continuation of an action, the em-
ployment of process, or an act to collect, recover, or offset 
any debt excepted from discharge under section 523(a) 
and treated under section 1022(a)(1)(B)(ii) until— 
‘‘(1) the date on which the debtor completes all 
payments due under the plan; or 
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‘‘(2) the debtor is not less than 90 days delin-
quent on a payment required under a repayment 
plan. 
‘‘(c) RESIDENCE PLAN INJUNCTION.—Except as pro-
vided in subsection (e), confirmation of a residence plan 
shall operate as an injunction against the commencement 
or continuation of an action, the employment of process, 
or an act, to collect, recover, or offset any debt treated 
under section 1022(b)(2) or property securing such debt 
as long as the debtor is not more than 120 days delinquent 
on a payment required under a residence plan. 
‘‘(d) PROPERTY PLAN INJUNCTION.—Except as pro-
vided in subsection (e), confirmation of a property plan 
shall operate as an injunction against the commencement 
or continuation of an action, the employment of process, 
or an act, to collect, recover, or offset any debt treated 
under section 1022(c)(2) or property securing such debt 
as long as the debtor is not more than 90 days delinquent 
on a payment required under a property plan. 
‘‘(e) REQUEST FOR RELIEF FROM INJUNCTION.—A 
party in interest may request from the court relief from 
the operation of an injunction under subsection (c) or (d). 
‘‘(f) VESTING OF PROPERTY.—Except as otherwise 
provided in a plan or the order confirming the plan, the 
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confirmation of a plan vests all of the property of the es-
tate in the debtor. 
‘‘(g) FREE AND CLEAR.—Except as otherwise pro-
vided in a plan or in the order confirming the plan, the 
property vesting in the debtor under subsection (f) is free 
and clear of any claim or interest of any creditor holding 
a claim provided for by the plan. 
‘‘(h) SECURED CLAIMS.—Except as provided by sec-
tion 1031, the confirmation of a repayment plan leaves 
unaltered the rights of the holder of a secured claim that 
has not been avoided under this title. 
‘‘(i) LIEN CREATED TO SECURE REPAYMENT PLAN 
OBLIGATION.— 
‘‘(1) IN GENERAL.—The confirmation of a re-
payment plan creates a lien in favor of the trustee 
in the amount of the minimum payment obligation 
on any non-exempt property of the estate retained 
by 
the 
debtor 
pursuant 
to 
section 
1022(a)(1)(A)(i)(II) to secure the minimum pay-
ment obligation. 
‘‘(2) PRIORITY
OF
LIEN.—Without regard to 
the knowledge of the trustee or any creditor, a lien 
created under paragraph (1) shall have the same 
status, priority, rights, and powers, with respect to 
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the property retained by the debtor to secure the ob-
ligation, as— 
‘‘(A) a creditor, regardless of whether such 
a creditor exists, that extends credit to the 
debtor at the time of the commencement of the 
case and obtains, at such time, and with respect 
to such credit, a judicial lien on any such non- 
exempt property that is personal property; 
‘‘(B) a bona fide purchaser of any such 
real property, other than fixtures, from the 
debtor against whom applicable law permits 
such transfer to be perfected and that obtains 
the status of a bona fide purchaser; and has 
perfected such transfer at the time of the com-
mencement of the case, whether or not any 
such purchaser exists; 
‘‘(C) the holder of a perfected security in-
terest in any such personal property of the 
debtor against which applicable law permits 
such security interest to be perfected as of the 
date of the confirmation of the repayment plan, 
whether or not such a holder exists; or 
‘‘(D) the holder of a perfected garnishment 
lien against the wages of the debtor, whether or 
not such a holder exists. 
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‘‘(3) EFFECT OF LIEN.—A lien created under 
paragraph (1)— 
‘‘(A) may not be considered a garnishment 
for the purposes of section 304(a) of the Con-
sumer Credit Protection Act (15 U.S.C. 
1674(a)); and 
‘‘(B) shall be subordinate to any lien for 
payment of a domestic support obligation. 
‘‘(4) RECORD
OF
LIEN.—The trustee shall 
record a lien created under paragraph (1) in the 
bankruptcy lien filing system maintained by the Ex-
ecutive Office of the United States Trustee under 
section 501 of the Consumer Bankruptcy Reform 
Act of 2020. 
‘‘(j) EFFECT OF RESIDENCE OR PROPERTY PLAN.— 
Except to the extent inconsistent with the plan or the pro-
visions of this title, confirmation of a residence plan or 
a property plan leaves unaltered the rights of the parties 
under any agreement that is the basis for a claim secured 
by property provided for by the plan. 
‘‘(k) CERTAIN CONTRACT PROVISIONS VOID.— 
‘‘(1) IPSO
FACTO
CLAUSES
VOID.—The con-
firmation of a plan voids any provision in a contract 
provided for by the plan that is conditioned on— 
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‘‘(A) the insolvency or financial condition 
of the debtor at any time before the closing of 
a case; 
‘‘(B) the commencement of a case under 
this title; or 
‘‘(C) the appointment of, or taking of pos-
session by, a trustee in a case under this title 
or a custodian before a case is commenced 
under this title. 
‘‘(2) ARBITRATION AND JOINT-ACTION PROVI-
SIONS VOID.—Notwithstanding any contrary provi-
sion of nonbankruptcy law, the confirmation of a 
plan voids any pre-dispute arbitration agreement or 
pre-dispute joint-action lawsuit waiver relating to 
property subject to the plan. 
‘‘(l) JURISDICTION TO RESOLVE DISPUTES.—Upon 
confirmation of a plan, the court shall retain jurisdiction 
to resolve any disputes arising under, or relating to, the 
plan and may order any appropriate relief in such a dis-
pute, including the suspension of the payment obligations 
of the debtor under the plan. 
‘‘§ 1029. Modification of repayment plan 
‘‘(a) IN GENERAL.—After notice and a hearing, the 
court may, for cause, modify an obligation of the debtor 
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under a repayment plan based on a material change in 
the financial condition of the debtor that— 
‘‘(1) occurs after the date of the confirmation 
of the repayment plan; and 
‘‘(2) would impose a substantial burden on the 
debtor or a dependent of the debtor. 
‘‘(b) UNANTICIPATED ATTORNEY’S FEES.—If the 
debtor incurs unanticipated attorney’s fees for services 
provided subsequent to confirmation of a repayment plan, 
including for services relating to this section, after notice 
and a hearing, the court may, for cause— 
‘‘(1) subject to section 502(b)(3), allow the 
debtor to modify the repayment plan to include 
treatment of such attorney’s fees; and 
‘‘(2) permit the debtor to extend the term of a 
repayment plan by up to 6 months to facilitate 
treatment of such attorney’s fees. 
‘‘SUBCHAPTER III—DISCHARGE 
‘‘§ 1031. Discharge; scope and timing 
‘‘(a) IN GENERAL.—Subject to subsection (b), the 
court shall grant the debtor a discharge in accordance with 
subsection (c) as soon as is practicable after— 
‘‘(1) the date of confirmation of a repayment 
plan; or 
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‘‘(2) in the case of a debtor that has no min-
imum payment obligation, the date on which the 
deadline for filing a repayment plan under section 
1021(e) expires. 
‘‘(b) EXCEPTIONS.—The court may not grant a dis-
charge under subsection (a) to a debtor who has— 
‘‘(1) been granted a discharge under this sec-
tion, under section 1141, 1192, 1128, or under 
former section 727 or 1328, within 6 years of the 
date of the filing of the petition; 
‘‘(2) failed to tender the property of the estate 
that is designated to be tendered under a repayment 
plan under section 1022(a)(1)(A)(i)(II); 
‘‘(3)(A) executed a written waiver of discharge 
after the date of the order for relief; and 
‘‘(B) appeared at a hearing at which the court 
determined that the debtor adequately understands 
the terms and consequences of the waiver described 
in subparagraph (A); 
‘‘(4) with the intent to hinder, delay, or defraud 
a creditor or an officer of the estate charged with 
the custody of property under this title, transferred, 
removed, destroyed, mutilated, concealed, or per-
mitted the transfer, removal, destruction, mutilation, 
or concealment of— 
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‘‘(A) property of the debtor within 1 year 
of the date of the filing of the petition; or 
‘‘(B) property of the estate after the date 
of the filing of the petition; 
‘‘(5) concealed, destroyed, mutilated, falsified, 
or failed to keep or preserve any recorded informa-
tion from which the financial condition or business 
transactions of the debtor might have been 
ascertained, unless such act or failure was justified 
under all of the circumstances of the case; 
‘‘(6) knowingly and fraudulently, in the case or 
in connection with the case— 
‘‘(A) made a false oath or account; 
‘‘(B) presented or used a false claim; 
‘‘(C) gave, offered, received, or attempted 
to obtain money, property, or advantage, or a 
promise of money, property, or advantage, for 
acting or forbearing to act; or 
‘‘(D) withheld from the trustee any re-
corded information, including books, documents, 
records, and papers, relating to the property or 
financial affairs of the debtor; 
‘‘(7) failed to satisfactorily explain, before the 
determination of denial of discharge under this para-
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graph, any loss of assets or deficiency of assets to 
meet the liabilities of the debtor; or 
‘‘(8) refused in the case— 
‘‘(A) to obey any lawful order of the court, 
other than an order to respond to a material 
question or to testify; 
‘‘(B) on the ground of privilege against 
self-incrimination, to respond to a material 
question approved by the court or to testify 
after the debtor has been granted immunity 
with respect to the matter concerning which the 
privilege was invoked; or 
‘‘(C) on a ground other than a properly in-
voked privilege against self-incrimination, to re-
spond to a material question approved by the 
court or to testify. 
‘‘(c) DEBTS DISCHARGED.—Except as provided in 
section 523, a discharge under subsection (a) discharges 
the debtor from all debts that arose before the date of 
the order for relief under this chapter and any liability 
on a claim that is determined under section 502 as if such 
debt or claim had arisen before the commencement of the 
case, whether or not— 
‘‘(1) a proof of claim based on any such debt 
or liability is filed under section 501; or 
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‘‘(2) a claim based on any such debt or liability 
is allowed under section 502. 
‘‘(d) NOTICE OF DEBTOR’S RIGHTS.—Upon granting 
a discharge under subsection (a), the court shall include 
in the discharge order provided to the debtor on a form 
prescribed by the Judicial Conference of the United States 
in accordance with rule 9009 of the Federal Rules of 
Bankruptcy Procedure a conspicuous notice of— 
‘‘(1) the right to bring an action for contempt 
or a civil action under section 524(c); and 
‘‘(2) the existence of other Federal or State 
laws that may provide additional remedies to the 
debtor in the event a person violates section 524. 
‘‘§ 1032. Revocation of discharge or order of con-
firmation 
‘‘(a) IN GENERAL.—On request of the trustee, a 
creditor, or the United States trustee, at any time within 
1 year after the date of the entry of an order of confirma-
tion under section 1024 or an order of discharge under 
section 1031, and after notice and a hearing, the court 
may revoke such order only if— 
‘‘(1) such confirmation or discharge was ob-
tained through the fraud of the debtor and the re-
questing party did not know of such fraud until 
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after the granting of such confirmation or discharge; 
or 
‘‘(2) the debtor has refused, in the case— 
‘‘(A) to obey any lawful order of the court, 
other than an order to respond to a material 
question or to testify; 
‘‘(B) on the ground of privilege against 
self-incrimination, to respond to a material 
question approved by the court or to testify, 
after the debtor has been granted immunity 
with respect to the matter concerning which 
such privilege was invoked; or 
‘‘(C) on a ground other than the properly 
invoked privilege against self-incrimination, to 
respond to a material question approved by the 
court or to testify. 
‘‘(b) DISPOSAL OF CASE.—If the court revokes an 
order of confirmation or an order of discharge under sub-
section (a), the court shall convert or dismiss the case 
under section 1005. 
‘‘SUBCHAPTER IV—AVOIDANCE ACTIONS 
‘‘§ 1041. Treatment of certain liens 
‘‘The trustee may avoid a lien that secures a claim 
of a kind described in section 726(a)(4). 
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‘‘§ 1042. Limitations on avoidance actions 
‘‘The trustee may not bring an action to avoid a 
transfer or obligation under section 544, 545, 547, 548, 
553, or 1041, unless there are allowed unsecured claims 
against the estate that the debtor does not propose to pay 
in full under a repayment plan. 
‘‘SUBCHAPTER V—LIMITED PROCEEDINGS 
‘‘§ 1051. Election of limited proceeding 
‘‘(a) IN GENERAL.— 
‘‘(1) ELECTION OF LIMITED PROCEEDING.—In 
a case commenced under section 301 or 302, a debt-
or that is eligible to file under this chapter may, as 
part of the petition for relief, elect to conduct a lim-
ited proceeding that affects only claims secured by 
specific items of the property of the debtor under 
this subchapter. 
‘‘(2) GENERAL PROCEEDING AS DEFAULT.—If 
the debtor does not elect to conduct a limited pro-
ceeding in a case under this chapter— 
‘‘(A) the case shall proceed as a general 
proceeding under this title; and 
‘‘(B) this subchapter shall not apply to the 
case. 
‘‘(b) LIMITATION ON ELECTION.— 
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‘‘(1) IN GENERAL.—After the entry of order for 
relief, the debtor may not elect to conduct a limited 
proceeding. 
‘‘(2) ELECTION AFTER DISMISSAL.—Nothing in 
this section shall preclude a debtor, subsequent to 
the dismissal of a case, from— 
‘‘(A) filing a petition under section 301 or 
302; and 
‘‘(B) electing to conduct a limited pro-
ceeding under subsection (a). 
‘‘§ 1052. Effect of limited proceeding 
‘‘If the debtor elects to conduct a limited proceeding 
under section 1051(a)— 
‘‘(1) the debtor shall file with the petition a 
schedule of affected property designating the prop-
erty to be subject to the limited proceeding that lists 
any creditor that has an interest in such property; 
‘‘(2) the property of the estate under section 
541 shall be limited to property that the debtor has 
indicated in the schedule of affected property; 
‘‘(3) sections 341, 365, 1001, 1002, 1003, 
1005(a), 1005(b)(4), 1005(b)(7), 1005(c), 1008, 
1021(a)(1), 1025, 1027(a), 1031, 1032, 1041, and 
1042 shall not apply to the case; 
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‘‘(4) subject to any limitations of a trustee 
under this chapter, the debtor shall have the rights 
and powers of a trustee under— 
‘‘(A) subsections (b), (c), (d), (f), and (l) 
of section 363; and 
‘‘(B) sections 364, 544, 546, 547, 548, 
549, and 553; 
‘‘(5) the debtor shall file 1 or more plans under 
paragraphs (2) and (3) of section 1021(a) with re-
spect to property listed in the schedule of affected 
property within 7 days of the order for relief, or 
such further time as the court may allow for cause, 
but in no case more than 30 days after the date of 
the order for relief; 
‘‘(6) the stay under subsection section 362(a) 
shall apply only to entities with an interest in the 
property that the debtor has indicated in the sched-
ule of affected property as intended for treatment 
under a plan; 
‘‘(7) the debtor shall not be required to file the 
items required under section 521(a)(1)(B), other 
than a statement of current income and current ex-
penditures; and 
‘‘(8) notice of the order for relief shall not be 
required to be provided to parties other than parties 
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with claims secured by property that the debtor has 
indicated in the schedule of affected property and to 
the United States trustee. 
‘‘§ 1053. Dismissal or conversion of limited pro-
ceedings 
‘‘(a) ELECTION OF DISMISSAL OR CONVERSION OF 
LIMITED PROCEEDING.—The debtor may elect to dismiss 
a limited proceeding or convert a limited proceeding to a 
general proceeding under this chapter by filing a notice 
of termination or conversion within 7 days of the earlier 
of— 
‘‘(1) the failure of the debtor to timely file a 
plan required under section 1052(5); or 
‘‘(2) the failure of the court to confirm a plan 
within 60 days of the date of the order for relief. 
‘‘(b) CONVERSION OF LIMITED PROCEEDING.—If a 
debtor elects to convert a limited proceeding to a general 
proceeding under this chapter under subsection (a)— 
‘‘(1) the property of the estate shall be deter-
mined under section 541, without regard to section 
1052(2), as of the date of the notice of conversion; 
‘‘(2) the stay under section 362(a) shall apply 
to each entity as of the date of the notice of conver-
sion; 
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‘‘(3) notice of the order for relief shall be pro-
vided to each party in interest that was not notified 
under section 1052(8); 
‘‘(4) any timeline for an action to be taken by 
the debtor under this title that begins on the date 
of the order for relief shall be adjusted to begin on 
the date of the notice of conversion; 
‘‘(5) except as provided in section 506, with re-
spect to a creditor that has a claim secured by prop-
erty included in the schedule of affected property 
filed under section 1052(1), any claims that arose 
against the debtor after the date of the order for re-
lief and before the date of the notice of conversion 
shall be deemed to have arisen immediately before 
the date of the filing of the petition; and 
‘‘(6) any valuation of property or an allowed se-
cured claim, any determination of a claim allowance, 
and any other determination made in the course of 
the limited proceeding may be used in the general 
proceeding, unless the court for cause orders other-
wise. 
‘‘(c) DISMISSAL
BY
COURT
OF
LIMITED
PRO-
CEEDING.—At any time, after notice and a hearing, the 
court, on its own motion or on a motion by the United 
States trustee, may dismiss a case that is proceeding as 
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a limited proceeding on the grounds that the granting of 
relief would be a manifestly improper use of the bank-
ruptcy system.’’. 
(b) CLERICAL AMENDMENT.—The table of chapters 
for title 11, United States Code, is amended by inserting 
after the item relating to chapter 9 the following: 
‘‘10. Individual bankruptcy ..................................................................... 1001’’. 
SEC. 103. REPEAL OF CHAPTER 13. 
(a) IN GENERAL.—Chapter 13 of title 11, United 
States Code, is repealed. 
(b) CLERICAL AMENDMENT.—The table of chapters 
for title 11, United States Code, is amended by striking 
the item relating to chapter 13. 
SEC. 104. OTHER AMENDMENTS TO THE BANKRUPTCY 
CODE. 
(a) DEFINITIONS.— 
(1) IN
GENERAL.—Section 101 of title 11, 
United States Code, is amended— 
(A) by striking paragraphs (3), (4A), 
(10A), (12A), and (30); 
(B) by redesignating paragraphs (53B), 
(53C), (56A), (53D), (54), (54A), and (55) as 
paragraphs (86), (87), (88), (89), (90), (91), 
and (92), respectively; 
(C) by inserting before paragraph (87), as 
so redesignated, the following: 
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‘‘(85) The term ‘store gift card’ means a card, 
code, or other device that is— 
‘‘(A) issued in exchange for payment on a 
prepaid basis primarily for personal, family, or 
household purposes to a consumer in a specified 
amount, whether or not that amount may be in-
creased or reloaded; and 
‘‘(B) redeemable for goods or services upon 
presentation at a single merchant or an affili-
ated group of merchants.’’; 
(D) by redesignating paragraphs (48), 
(48A), (49), (50), (51), (51A), (51B), (51C), 
(51D), (52), (53), and (53A) as paragraphs 
(73), (74), (75), (76), (77), (78), (79), (80), 
(81), (82), (83), and (84), respectively; 
(E) by inserting before paragraph (73), as 
so redesignated, the following: 
‘‘(72) The term ‘residence plan’ means a plan 
filed pursuant to section 1022(b) of this title.’’; 
(F) by redesignating paragraphs (46) and 
(47) as paragraphs (70) and (71), respectively; 
(G) by inserting before paragraph (70), as 
so redesignated, the following: 
‘‘(69) The term ‘repayment plan’ means a plan 
filed pursuant to section 1022(a) of this title.’’; 
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(H) by redesignating paragraph (45) as 
paragraph (68); 
(I) by inserting before paragraph (68), as 
so redesignated, the following: 
‘‘(67) The term ‘realizable value’ means the 
value, as of the relevant date, that could be obtained 
for the relevant property in a lawful foreclosure, re-
possession, or execution sale, less the costs of such 
sale.’’; 
(J) by redesignating paragraphs (43) and 
(44) as paragraphs (65) and (66), respectively; 
(K) by inserting before paragraph (65), as 
so redesignated, the following: 
‘‘(64) The term ‘property plan’ means a plan 
filed pursuant to section 1022(c) of this title.’’; 
(L) by redesignating paragraph (42A) as 
paragraph (63); 
(M) by inserting before paragraph (63), as 
so redesignated, the following: 
‘‘(61) The term ‘pre-dispute arbitration agree-
ment’ means any agreement to which the debtor is 
a party to arbitrate a dispute that has not arisen at 
the time of the making of the agreement. 
‘‘(62) The term ‘pre-dispute joint-action waiver’ 
means any agreement to which the debtor is a party, 
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whether or not part of a predispute arbitration 
agreement, that would prohibit the debtor from par-
ticipating, or waive the right of the debtor to partici-
pate, in a joint, class, or collective action in a judi-
cial, arbitral, administrative, or other forum, con-
cerning a dispute that has not yet arisen at the time 
of the making of the agreement.’’; 
(N) by redesignating paragraphs (40), 
(40A), (40B), (41), (41A), and (42) as para-
graphs (55), (56), (57), (58), (59), and (60), 
respectively; 
(O) by inserting before paragraph (56), as 
so redesignated, the following: 
‘‘(54) The term ‘minimum payment obligation’ 
means, except as provided in section 1021(c)(1) of 
this title, an amount equal to the lesser of— 
‘‘(A) the allowed unsecured claims; or 
‘‘(B) the sum of— 
‘‘(i) the value of the debtor’s interest 
in property of the bankruptcy estate in ex-
cess of— 
‘‘(I) any allowed secured claims 
that are secured by that property; 
plus 
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‘‘(II) any exemption applicable 
under section 522(b); 
‘‘(ii) in the case of a debtor in a 
household of 1, 2, 3, or 4 individuals, to 
the extent the debtor’s annual income ex-
ceeds 135 percent of the median family in-
come of the applicable State for a family 
of the same number of individuals or fewer 
as the debtor— 
‘‘(I) if the excess is not over 
$10,000, 15 percent of the excess; 
‘‘(II) if the excess is over 
$10,000 but not over $50,000, $1,500 
plus 45 percent of the excess over 
$10,000; 
‘‘(III) if the excess is over 
$50,000 but not over $100,000, 
$19,500 plus 75 percent of the excess 
over $50,000; or 
‘‘(IV) if the excess is over 
$100,000, $94,500 plus 150 percent 
of the excess over $100,000; and 
‘‘(iii) in the case of a debtor in a 
household exceeding 4 individuals, clause 
(ii) shall apply, except that excess income 
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shall be calculated as the extent to which 
the debtor’s annual income exceeds the 
sum of 135 percent of the highest median 
family income of the applicable State for a 
family of 4 or fewer individuals and $9,000 
for each individual in excess of 4.’’; 
(P) by redesignating paragraphs (31), 
(32), (33), (34), (35), (35A), (36), (37), (38), 
(38A), (38B), (39), and (39A) as paragraphs 
(41), (42), (43), (44), (45), (46), (47), (48), 
(49), (50), (51), (52), and (53), respectively; 
(Q) in paragraph (45)(B), as so redesig-
nated, by striking ‘‘paragraphs (21B) and 
(33)(A)’’ and inserting ‘‘paragraphs (29) and 
(43)(A)’’; 
(R) by redesignating paragraphs (14), 
(14A), (15), (16), (17), (18), (19), (19A), 
(19B), (20), (21), (21A), (21B), (22), (22A), 
(23), (24), (25), (26), (27), (27A), (27B), (28), 
and (29) as paragraphs (17), (18), (19), (20), 
(21), (22), (23), (24), (25), (26), (27), (28), 
(29), (30), (31), (32), (33), (34), (35), (36), 
(37), (38), (39), and (40), respectively; 
(S) in paragraph (18), as so redesig-
nated— 
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(i) in the matter preceding subpara-
graph (A), by inserting ‘‘attorneys’ fees 
and’’ before ‘‘interest’’; and 
(ii) by striking subparagraph (A) and 
inserting the following: 
‘‘(A) owed to or recoverable by a spouse, 
former spouse, or child of the debtor or a par-
ent, legal guardian, or responsible relative of 
such a child;’’; 
(T) by striking paragraph (13A) and in-
serting the following: 
‘‘(16) The term ‘debtor’s principal residence’, 
with respect to a debtor, means 1 of the following: 
‘‘(A) A residential structure that the debt-
or or a dependent uses as a residence, including 
an individual condominium, a mobile or manu-
factured home, or trailer or houseboat, and inci-
dental property, without regard to whether that 
structure is attached to real property. 
‘‘(B) An interest in a cooperative that 
owns property that the debtor or a dependent 
of the debtor uses as a residence. 
‘‘(C) A residential leasehold that the debt-
or or a dependent of the debtor uses as a resi-
dence.’’; 
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(U) by redesignating paragraphs (7A), 
(7B) (8), (9), (10), (11), (12), and (13) as 
paragraphs (8), (9), (10), (11), (12), (13), 
(14), and (15), respectively; and 
(V) by inserting before paragraph (4) the 
following: 
‘‘(3) The term ‘annual income’ means— 
‘‘(A) an amount equal to twice the income 
from all sources that the debtor receives (or in 
a joint case the debtor and the debtor’s spouse 
receive) without regard to whether such income 
is taxable, derived during the 6-month period 
ending on the last day of the calendar month 
immediately preceding the date of the filing of 
the petition; and 
‘‘(B) any amount paid by any entity other 
than the debtor (or in a joint case the debtor 
and the debtor’s spouse), on a regular basis on 
behalf of the debtor, except that the proceeds 
from the sale of an asset not in the ordinary 
course of business shall not be included in an-
nual income.’’. 
(2) CONFORMING
AMENDMENTS
TO
OTHER 
LAWS.— 
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(A) Section 1503(3)(A)(iv) of the S.A.F.E. 
Mortgage Licensing Act of 2008 (12 U.S.C. 
1502(3)(A)(iv)) is amended by striking ‘‘section 
101(53D)’’ and inserting ‘‘section 101(89)’’. 
(B) Section 116(a)(2)(A) of the Emer-
gency Economic Stabilization Act of 2008 (12 
U.S.C. 5226(a)(2)(A)) is amended by striking 
‘‘section 
101(27)’’ 
and 
inserting 
‘‘section 
101(36)’’. 
(C) Section 210(a) of the Dodd-Frank 
Wall Street Reform and Consumer Protection 
Act (12 U.S.C. 5390(a))— 
(i) in paragraph (11)(H)— 
(I) in clause (i)(I), by striking 
‘‘section 101(31)’’ and inserting ‘‘sec-
tion 101(41)’’; and 
(II) in clause (ii)(II), by striking 
‘‘section 101(32)’’ and inserting ‘‘sec-
tion 101(42)’’; and 
(ii) in paragraph (12)(C), by striking 
‘‘section 101(32)’’ and inserting ‘‘section 
101(42)’’. 
(D) Section 3E(g) of the Securities Ex-
change Act of 1934 (15 U.S.C. 78c–5(g)) is 
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amended by striking ‘‘section 101(53A)(B)’’ 
and inserting ‘‘section 101(84)(B)’’. 
(E) Section 103(dd)(5) of the Truth in 
Lending Act (15 U.S.C. 1602(dd)(5)) is amend-
ed by striking ‘‘section 101(53D)’’ and insert-
ing ‘‘section 101(89)’’. 
(F) Section 128(b)(2)(G)(i) of the Truth 
in Lending Act (15 U.S.C. 1638(b)(2)(G)(i)) is 
amended, in the matter preceding subclause (I), 
by striking ‘‘section 101(53D)’’ and inserting 
‘‘section 101(89)’’. 
(G) Section 129B(f) of the Truth in Lend-
ing Act (15 U.S.C. 1639b(f)) is amended by 
striking ‘‘section 101(53D)’’ and inserting ‘‘sec-
tion 101(89)’’. 
(H) Section 129C(i) of the Truth in Lend-
ing Act (15 U.S.C. 1639c(i)) is amended by 
striking ‘‘section 101(53D)’’ and inserting ‘‘sec-
tion 101(89)’’. 
(I) Section 1016(f)(2)(A) of the Oil Pollu-
tion Act of 1990 (33 U.S.C. 2716(f)(2)(A)) is 
amended by striking ‘‘section 101(32)’’ and in-
serting ‘‘section 101(42)’’. 
(J) Section 405(j)(2)(C) of PROMESA 
(48 U.S.C. 2194(j)(2)(C)) is amended by strik-
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ing ‘‘section 101(11)’’ and inserting ‘‘section 
101(13)’’. 
(b) APPLICABILITY OF CHAPTERS.—Section 103 of 
title 11, United States Code, is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘chapter 7, 11, 12, or 13 
of this title’’ and inserting ‘‘chapter 7, 10, 11, 
or 12 of this title’’; and 
(B) by striking ‘‘section 362(o)’’ and in-
serting ‘‘section 362(m)’’; and 
(2) in subsection (j) by striking ‘‘Chapter 13’’ 
and inserting ‘‘Chapter 10’’. 
(c) ADJUSTMENT OF DOLLAR AMOUNTS.—Section 
104 of title 11, United States Code, is amended— 
(1) in subsection (a) by striking ‘‘sections 
101(3)’’ and all that follows through ‘‘of this title’’ 
and inserting ‘‘this title’’; and 
(2) in subsection (b) by striking ‘‘sections 
101(3)’’ and all that follows through ‘‘of this title’’ 
and inserting ‘‘this title’’. 
(d) WAIVER
OF SOVEREIGN IMMUNITY.—Section 
106(a)(1) of title 11, United States Code, is amended— 
(1) by striking ‘‘722,’’; 
(2) by inserting ‘‘1028,’’ after ‘‘944,’’; and 
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(3) by striking ‘‘1231, 1301, 1303, 1305, and 
1327’’ and inserting ‘‘and 1231’’. 
(e) EXTENSION OF TIME.—Section 108 of title 11, 
United States Code, is amended— 
(1) in subsection (b), in the matter preceding 
paragraph (1), by striking ‘‘or 1301’’; and 
(2) in subsection (c)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘1201 or 1301’’ and inserting 
‘‘1009 or 1201’’; and 
(B) in paragraph (2), by striking ‘‘section 
362, 922, 1201, or 1301 of this title,’’ and in-
serting ‘‘section 362, 922, or 1201 of this 
title,’’. 
(f) WHO MAY BE A DEBTOR.— 
(1) IN
GENERAL.—Section 109 of title 11, 
United States Code, is amended— 
(A) in subsection (b)— 
(i) by redesignating paragraphs (1), 
(2), and (3) as paragraphs (2), (3), and 
(4), respectively; and 
(ii) by inserting before paragraph (2), 
as so redesignated, the following: 
‘‘(1) an individual;’’; 
(B) by striking subsection (e); 
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(C) by redesignating subsection (d) as (e); 
(D) by inserting after subsection (c) the 
following: 
‘‘(d) Only an individual that owes aggregate non-
contingent liquidated secured and unsecured debts as of 
the date of the filing of the petition or the date of the 
order for relief in an amount not more than $7,500,000 
(excluding debts owed to 1 or more affiliates or insiders) 
may be a debtor under chapter 10 of this title.’’; 
(E) in subsection (e), as so redesignated, 
by striking ‘‘railroad, a person’’ and inserting 
‘‘railroad, an individual, a person’’; 
(F) by striking subsection (g) and insert-
ing the following: 
‘‘(g) Notwithstanding any other provision of this sec-
tion, no individual or family farmer may be a debtor under 
this title who has been a debtor in a case pending under 
this title at any time in the preceding 180 days if the case 
was dismissed by the court for willful failure of the debtor 
to abide by orders of the court, or to appear before the 
court in proper prosecution of the case.’’; and 
(G) by striking subsection (h) and insert-
ing the following: 
‘‘(h)(1) Upon motion of a party in interest or on the 
court’s own motion, the court may, after notice and a 
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hearing, include in an order dismissing a case under sec-
tions 707, 1005, 1053(c), 1112, or 1208 of this title a 
restriction of the debtor’s eligibility to refile a subsequent 
case under this title upon a finding of cause, including— 
‘‘(A) willful failure of the debtor to— 
‘‘(i) abide by orders of the court; or 
‘‘(ii) propose a plan required under sec-
tions 1021, 1129, or 1225 in good faith and not 
by any means forbidden by law; 
‘‘(B) willful and substantial default by the debt-
or with respect to a term of a confirmed plan; 
‘‘(C) a pattern or practice of filing bankruptcy 
petitions as part of a manifestly improper use of the 
bankruptcy system; 
‘‘(D) willful failure of the debtor to appear be-
fore the court in proper prosecution of the case; or 
‘‘(E) other manifestly improper use of the pro-
visions of this title. 
‘‘(2) The period of ineligibility for a subsequent 
case— 
‘‘(A) shall extend for 180 days from the date of 
the entry of the court’s order unless the court orders 
otherwise; and 
‘‘(B) may extend for a period longer than 180 
days (but not to exceed 720 days) only if the court 
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finds manifestly improper use the bankruptcy sys-
tem. 
‘‘(3) After notice and a hearing, the court may de-
crease the period of ineligibility based upon a showing of 
changed circumstances or for good cause shown.’’. 
(2) CONFORMING AMENDMENTS.— 
(A) Section 1501(c)(2) of title 11, United 
States Code, is amended by striking ‘‘109(e)’’ 
and inserting ‘‘109(d)’’. 
(B) Section 303(1) of PROMESA (48 
U.S.C. 2163(1)) is amended by striking ‘‘sec-
tion 
109(b)(2)’’ 
and 
inserting 
‘‘section 
109(b)(3)’’. 
(g) PENALTY FOR PERSONS WHO NEGLIGENTLY OR 
FRAUDULENTLY PREPARE BANKRUPTCY PETITIONS.— 
Section 110(e)(2)(B)(i)(II) of title 11, United States 
Code, is amended by striking ‘‘under chapter 7, 11, 12, 
or 13’’ and inserting ‘‘under chapter 10, 11, or 12’’. 
(h) NONPROFIT BUDGET AND CREDIT COUNSELING 
AGENCIES; FINANCIAL MANAGEMENT INSTRUCTIONAL 
COURSES.— 
(1) Chapter 1 of title 11, United States Code, 
is amended by striking section 111. 
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(2) The table of sections for chapter 1 of title 
11, United States Code, is amended by striking the 
item relating to section 111. 
(i) INVOLUNTARY CASES.—Section 303 of title 11, 
United States Code, is amended— 
(1) in subsection (a) by striking ‘‘chapter 7 or 
11 of this title’’ and inserting ‘‘chapter 7, 10, or 11 
of this title’’; 
(2) in subsection (b) by striking ‘‘chapter 7 or 
11 of this title—’’ and inserting ‘‘chapter 7, 10, or 
11 of this title—’’; 
(3) in subsection (g)— 
(A) by striking ‘‘chapter 7 of this title’’ 
and inserting ‘‘chapter 7 or 10 of this title’’; 
and 
(B) by striking ‘‘section 701 of this title’’ 
and inserting section 701 or 1003 of this title’’; 
and 
(4) in subsection (k)(2), by striking ‘‘the court 
may enter an order’’ and inserting ‘‘the court shall 
enter an order’’. 
(j) APPEARANCE BY CONSUMER FINANCIAL PROTEC-
TION BUREAU.— 
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(1) IN GENERAL.—Subchapter I of chapter 3 of 
title 11, United States Code, is amended by adding 
at the end the following: 
‘‘§ 309. Bureau of Consumer Financial Protection ap-
pearances in bankruptcy cases 
‘‘Notwithstanding section 1054(e) of the Consumer 
Financial Protection Act (12 U.S.C. 5564(e)), the Bureau 
of Consumer Financial Protection may represent itself in 
its own name and may raise, appear, and be heard on any 
issue in a case under this title before any court with ap-
propriate jurisdiction.’’. 
(2) CONFORMING AMENDMENT.—The table of 
sections for chapter 3 of title 11, United States 
Code, is amended by inserting after the item relating 
to section 308 the following: 
‘‘309. Bureau of Consumer Financial Protection appearances in bankruptcy 
cases.’’. 
(k) ELIGIBILITY TO SERVE AS TRUSTEE.—Section 
321(a) of title 11, United States Code, is amended by 
striking ‘‘under chapter 7, 12, or 13 of this title,’’ each 
place it appears and inserting ‘‘under chapter 7, 10, or 
12 of this title,’’. 
(l) QUALIFICATION OF TRUSTEE.—Section 322(a) of 
title 11, United States Code, is amended by striking ‘‘701, 
702, 703, 1104, 1163, 1183, 1202, or 1302’’ and insert-
ing ‘‘701, 702, 703, 1001, 1104, 1163, 1183, or 1202’’. 
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(m) LIMITATION ON COMPENSATION OF TRUSTEE.— 
Section 326(b) of title 11, United States Code, is amend-
ed— 
(1) by striking ‘‘chapter 12 or 13 of this title,’’ 
and inserting ‘‘chapter 10 or 12 of this title,’’; and 
(2) by striking ‘‘under section 1202(a) or 
1302(a) of this title’’ and inserting ‘‘under section 
1001(a) or 1202(a) of this title’’. 
(n) DEBTOR’S TRANSACTIONS WITH ATTORNEYS.— 
Section 329 of title 11, United States Code, is amended— 
(1) in subsection (b)(1)(B), by striking ‘‘chap-
ter 11, 12, or 13 of this title’’ and inserting ‘‘chap-
ter 10, 11, or 12 of this title’’; and 
(2) by adding at the end the following: 
‘‘(c) In a case under chapter 10 of this title, no com-
pensation shall be allowed for the debtor’s attorney under 
this title unless— 
‘‘(1) the agreement between the debtor and the 
debtor’s attorney providing for compensation— 
‘‘(A) was made not more than 90 days be-
fore the date of the filing of the petition; 
‘‘(B) specifies the services provided or to 
be provided by the debtor’s attorney and the at-
torney’s related fees and expenses; 
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‘‘(C) provides that the debtor will not be 
requested to pay or be liable for any amounts 
other than attorneys’ fees and expenses— 
‘‘(i) specified in the agreement; 
‘‘(ii) for any adversary proceeding in 
which the debtor is a party; or 
‘‘(iii) for services required by the 
debtor or the court that the attorney 
should not have reasonably anticipated at 
the time of the agreement; 
‘‘(D) does not provide for the payment of 
interest or any additional fees based on delay in 
payment or risk of nonpayment or for costs of 
collection on installment payments; and 
‘‘(E) does not include a pre-dispute arbi-
tration agreement or a pre-dispute joint-action 
waiver with respect to any dispute under the 
agreement; 
‘‘(2) the attorney has discussed with the debtor 
the attorney’s fees and expenses under the agree-
ment and the consequences of the attorney’s filing 
the certification required under paragraph (3), and, 
after full disclosure, the debtor consents to the filing 
of the certification; and 
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‘‘(3) the attorney files with the court a certifi-
cation, in accordance with rule 9011 of the Federal 
Rules of Bankruptcy Procedure, with respect to the 
agreement that— 
‘‘(A) the conditions specified in paragraphs 
(1) and (2) are satisfied; and 
‘‘(B) the enforcement of the agreement 
would not impose an undue hardship on the 
debtor or the debtor’s dependents. 
‘‘(d) In a case under chapter 10 of this title, any as-
signment, factoring, or transfer of rights or amounts, or 
of rights or authority to collect any such amounts, due 
under an agreement between the debtor and the debtor’s 
attorney is void. 
‘‘(e) The bankruptcy court shall have exclusive juris-
diction over any disputes under an agreement that is sub-
ject to this section, whether or not the case has been 
closed.’’. 
(o) COMPENSATION OF OFFICERS.— 
(1) IN
GENERAL.—Section 330 of title 11, 
United States Code, is amended— 
(A) in subsection (a)(4)(B), by striking 
‘‘In a chapter 12 or chapter 13 case in which 
the debtor is an individual,’’ and inserting ‘‘In 
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a chapter 10 or 12 case in which the debtor is 
an individual,’’; 
(B) by redesignating subsections (c) and 
(d) as subsections (d) and (f), respectively; 
(C) by striking ‘‘(b)(1) There’’ and insert-
ing ‘‘(b) There’’; 
(D) by striking ‘‘title $45’’ and inserting 
‘‘title $75’’; 
(E) by striking ‘‘(2) The Judicial’’ and in-
serting ‘‘(c) The Judicial’’; 
(F) by striking ‘‘(A) shall’’ and inserting 
‘‘(1) shall’’; 
(G) by striking ‘‘(B) may’’ and inserting 
‘‘(2) may’’; 
(H) by striking ‘‘paid under paragraph 
(1).’’ and inserting ‘‘paid under subsection 
(b).’’; 
(I) in subsection (d), as so redesignated, 
by striking ‘‘in a case under chapter 12 or 13’’ 
and inserting ‘‘in a case under chapter 10 or 
12’’; and 
(J) by inserting after subsection (d), as so 
redesignated, the following: 
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‘‘(e) There shall be paid from the filing fee in a case 
under chapter 10 of this title $120 to the trustee serving 
in such case, after such trustee’s services are rendered.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
589a(b)(7) of title 28, United States Code, is 
amended by striking ‘‘section 330(d)’’ and inserting 
‘‘section 330(f)’’. 
(p) MEETINGS OF CREDITORS AND EQUITY SECU-
RITY HOLDERS.—Section 341 of title 11, United States 
Code, is amended— 
(1) in subsection (c), by striking ‘‘chapter 7 or 
13’’ and inserting ‘‘chapter 10 of this title’’; 
(2) in subsection (d)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘chapter 7’’ and inserting ‘‘chapter 
10’’; 
(B) in paragraph (1), by adding ‘‘and’’ at 
the end; 
(C) by striking paragraph (2); 
(D) by redesignating paragraph (3) as 
paragraph (2); 
(E) in paragraph (2), as so redesignated, 
by striking ‘‘; and’’ and inserting a period; and 
(F) by striking paragraph (4); and 
(3) by adding at the end the following: 
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‘‘(f) In a case under chapter 10 of this title— 
‘‘(1) the meeting of creditors under subsection 
(a) may be convened electronically and allow remote 
appearances of all parties; 
‘‘(2)(A) the debtor shall not be required to ap-
pear in person if it would impose an unreasonable 
burden on the debtor; and 
‘‘(B) there shall be a rebuttable presumption 
that in-person attendance at the meeting of creditors 
under subsection (a) is an unreasonable burden on 
the debtor if the debtor’s address on the bankruptcy 
petition is more than 10 miles from the location of 
the courthouse of the bankruptcy court where the 
meeting of creditors under subsection (a) would 
occur; and 
‘‘(3) the meeting of creditors under subsection 
(a) shall be scheduled at such times to avoid conflict 
with the debtor’s employment.’’. 
(q) NOTICE.—Section 342 of title 11, United States 
Code, is amended— 
(1) by striking subsections (b) and (d); 
(2) by redesignating subsections (c), (e), (f), 
and (g) as subsections (b), (c), (d), and (e), respec-
tively; 
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(3) in subsection (c)(1), as so redesignated, by 
striking ‘‘chapter 7 or 13’’ and inserting ‘‘chapter 
10’’; 
(4) in subsection (d), as so redesignated— 
(A) in paragraph (1), by striking ‘‘chapters 
7 or 13’’ and inserting ‘‘chapter 10’’; and 
(B) in paragraph (2)— 
(i) by striking ‘‘chapter 7 or 13’’ and 
inserting ‘‘chapter 10’’; and 
(ii) by striking ‘‘subsection (e)’’ and 
inserting ‘‘subsection (c)’’; and 
(5) in subsection (e)(2), as so redesignated, by 
striking ‘‘section 362(k)’’ and inserting ‘‘section 
362(j)’’. 
(r) UNCLAIMED PROPERTY.—Section 347(a) of title 
11, United States Code, is amended by striking ‘‘under 
section’’ and all that follows through ‘‘as the case may 
be’’ and inserting ‘‘under section 726, 1025, 1194, or 
1226 of this title under chapter 7, chapter 10, subchapter 
V of chapter 11, or chapter 12 of this title, as the case 
may be’’. 
(s) EFFECT OF CONVERSION.—Section 348 of title 
11, United States Code, is amended— 
(1) in subsection (b)— 
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(A) 
by 
striking 
‘‘sections 
701(a), 
727(a)(10), 
727(b), 
1102(a), 
1110(a)(1), 
1121(b), 1121(c), 1141(d)(4), 1201(a), 1221, 
1228(a), 1301(a), and 1305(a) of this title’’ 
and 
inserting 
‘‘sections 
701(a), 
1009(a), 
1025(b), 1027(a), 1027(b), 1031(c), 1102(a), 
1110(a)(1), 
1121(b), 
1121(c), 
1141(d)(4), 
1201(a), 1221, and 1228(a) of this title’’; and 
(B) by striking ‘‘under section 706, 1112, 
1208, or 1307 of this title’’ and inserting 
‘‘under section 706, 1005, 1053(c), 1112, or 
1208 of this title’’; 
(2) in subsection (c), by striking ‘‘under section 
706, 1112, 1208, or 1307 of this title’’ and inserting 
‘‘under section 706, 1005, 1053(c), 1112, or 1208’’ 
of this title; 
(3) in subsection (d), by striking ‘‘under section 
1112, 1208, or 1307 of this title’’ and inserting 
‘‘under section 1005, 1053(c), 1112, or 1208 of this 
title’’; 
(4) in subsection (e), by striking ‘‘under section 
706, 1112, 1208, or 1307 of this title’’ and inserting 
‘‘under section 706, 1005, 1053(c), 1112, or 1208’’ 
of this title; and 
(5) by striking subsection (f). 
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(t) EFFECT OF DISMISSAL.—Section 349 of title 11, 
United States Code, is amended— 
(1) by striking subsection (a) and inserting the 
following: 
‘‘(a) The dismissal of a case shall not— 
‘‘(1) bar the discharge, in a later case, of debts 
that were dischargeable in the case dismissed, except 
as provided in section 523, 1031, 1141, or 1228; or 
‘‘(2) prejudice the debtor with regard to the fil-
ing of a subsequent petition, except as provided in 
subsection (g) or (h) of section 109.’’; and 
(2) in subsection (b)(1)(B), by striking ‘‘or 
724(a) of this title,’’ and inserting ‘‘724(a), or 1041 
of this title,’’. 
(u) AUTOMATIC STAY.— 
(1) IN
GENERAL.—Section 362 of title 11, 
United States Code, is amended— 
(A) in subsection (a)— 
(i) in paragraph (3), by inserting ‘‘or 
to retain’’ after ‘‘to exercise control over’’; 
(ii) in paragraph (7), by striking 
‘‘and’’ at the end; 
(iii) in paragraph (8), by striking the 
period at the end and inserting ‘‘; and’’; 
and 
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(iv) by adding at the end the fol-
lowing: 
‘‘(9) in a case under chapter 10 of this title, at 
any time before the earliest of a conversion or dis-
missal under section 1005 of this title, a dismissal 
under section 1053(c) of this title, or a discharge 
under section 1031 of this title, any act to alter, 
refuse, or discontinue utility service provided to the 
debtor under an agreement entered into before the 
entry of the order for relief.’’; 
(B) in subsection (b)— 
(i) by striking paragraph (22); 
(ii) by redesignating paragraphs (23), 
(24), (25), (26), (27), and (28) as para-
graphs (22), (23), (24), (25), (26), and 
(27), respectively; 
(iii) in paragraph (22), as so redesig-
nated, by striking ‘‘subsection (m)’’ and in-
serting ‘‘subsection (l)’’; 
(iv) in paragraph (26), as so redesig-
nated, by striking ‘‘and’’ at the end; 
(v) in paragraph (27), as so redesig-
nated, by striking the period and inserting 
‘‘; and’’; and 
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(vi) by striking the matter following 
paragraph (27), as so redesignated and in-
serting the following: 
‘‘(28) under subsection (a), over retention of 
property of the estate subject to a potential loss of 
value due to accident, casualty, or theft unless the 
party entitled to possession provides proof of insur-
ance or other security sufficient to protect the cred-
itor against such loss of value.’’; 
(C) in subsection (c)— 
(i) in the matter preceding paragraph 
(1), by striking ‘‘(f), and (h)’’ and insert-
ing ‘‘and (f)’’; 
(ii) by striking paragraphs (2) and (3) 
and inserting the following: 
‘‘(2) in a case under chapter 7, 9, 11, or 12, 
the stay of any other act under subsection (a) of this 
section continues until the earliest of— 
‘‘(A) the time the case is closed; 
‘‘(B) the time the case is dismissed; or 
‘‘(C) if the case is a case under chapter 9, 
11, or 12, the time a discharge is granted or 
denied; 
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(x) EXECUTORY
CONTRACTS
AND
UNEXPIRED 
LEASES.—Section 365 of title 11, United States Code, is 
amended— 
(1) in subsection (d)(2), by striking ‘‘under 
chapter 9, 11, 12, or 13 of this title’’ and inserting 
‘‘under chapter 9, 10, 11, or 12 of this title’’; 
(2) in subsection (g)— 
(A) in paragraph (1), by striking ‘‘under 
chapter 9, 11, 12, or 13 of this title,’’ and in-
serting ‘‘under chapter 9, 10, 11, or 12 of this 
title,’’; and 
(B) in paragraph (2)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘under chapter 9, 
11, 12, or 13 of this title’’ and inserting 
‘‘under chapter 9, 10, 11, or 12 of this 
title’’; 
(ii) in subparagraph (A) by striking 
‘‘under section 1112, 1208 or 1307 of this 
title,’’ and inserting ‘‘under section 1005, 
1053(c), 1112, or 1208 of this title,’’; and 
(iii) in subparagraph (B), in the mat-
ter preceding clause (i), by striking ‘‘under 
section 1112, 1208 or 1307 of this title’’ 
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and 
inserting 
‘‘under 
section 
1005, 
1053(c), 1112, or 1208 of this title’’; and 
(3) by striking subsection (p) and inserting the 
following: 
‘‘(p) Notwithstanding any provision in a lease or ap-
plicable nonbankruptcy law, the following shall apply: 
‘‘(1)(A) If the debtor is an individual, the trust-
ee shall be deemed to have abandoned any unexpired 
lease of residential real property that is the debtor’s 
principal residence of which the debtor or the debt-
or’s spouse or dependents is a tenant. 
‘‘(B)(i) Notwithstanding any other provision of 
this section, the debtor may assume such a lease— 
‘‘(I) without curing any monetary defaults 
under the lease that aggregate no more than 
the amount described in clause (iii); and 
‘‘(II) without adequate assurance of future 
performance. 
‘‘(ii) If there are monetary defaults under the 
lease that aggregate to more than the amount de-
scribed in clause (iii), the debtor may not assume 
such lease unless all monetary defaults in excess of 
the amount described in clause (iii) are cured. 
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‘‘(iii) The amount described in this clause is the 
amount equal to 6 times the monthly rent to be paid 
by the debtor under the lease. 
‘‘(C) Any monetary defaults on such a lease left 
uncured shall become claims against the estate in 
accordance with section 365(g). 
‘‘(D)(i) All non-monetary defaults on such a 
lease shall be deemed waived, except those relating 
to health or safety, which shall require permission of 
the court to waive or modify if the lessor objects to 
their waiver or modification. 
‘‘(ii) Any pecuniary loss in accordance with 
such a non-monetary default shall constitute a claim 
against the estate in accordance with subsection 
365(g). 
‘‘(E) Such a lease not assumed by the debtor, 
including satisfaction or adequate assurance of any 
cure required within 60 days of the order of relief, 
under this paragraph shall return to the bankruptcy 
estate. 
‘‘(2)(A) If the debtor is an individual and if an 
unexpired lease of property not subject to paragraph 
(1) is rejected or not timely assumed by the trustee 
under subsection (d), the debtor may move to as-
sume the lease. 
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‘‘(B) The court— 
‘‘(i) may approve such an assumption if 
the debtor cures any monetary default within 
90 days after the date of assumption; and 
‘‘(ii) shall withhold any discharge of the 
debtor until such cure is made. 
‘‘(C) The debtor’s interest in the lease or prop-
erty that is the subject of the lease ceases to be 
property of the estate if— 
‘‘(i) the debtor fails to move to assume the 
lease within 14 days after the lease is rejected 
or not timely assumed by the trustee; or 
‘‘(ii) the debtor’s motion to assume the 
lease is denied. 
‘‘(D) All non-monetary defaults on such a lease 
shall be deemed waived except those relating to 
health or safety, which shall require permission of 
the court upon motion to waive or modify if the les-
sor objects to their waiver or modification. 
‘‘(3) In this subsection, the term ‘lease’ does 
not include— 
‘‘(A) an agreement that is a security inter-
est under applicable nonbankruptcy law, irre-
spective of its form; or 
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‘‘(B) a lease the term of which extends be-
yond the remaining economic life of the prop-
erty.’’. 
(y) UTILITY SERVICE.—Section 366(b) of title 11, 
United States Code, is amended by striking ‘‘Such utility’’ 
and inserting ‘‘In a case other than under chapter 10 of 
this title, such utility’’. 
(z) FILING OF PROOFS OF CLAIMS OR INTERESTS.— 
Section 501 of title 11, United States Code, is amended 
by adding at the end the following: 
‘‘(f)(1) Any creditor that files a claim, and any attor-
ney representing such creditor, shall at the time of filing 
certify, under penalty of perjury, whether the creditor has 
a beneficial interest in the claim and to what extent. 
‘‘(2) If the creditor does not hold the entire beneficial 
interest in the claim, the creditor shall disclose in the cer-
tification under paragraph (1) the identity of the party 
or parties holding the beneficial interest. 
‘‘(3) The creditor shall promptly notify the court, the 
trustee, the United States Trustee, and the debtor of any 
updates necessary to maintain the accuracy of the certifi-
cation under paragraph (1). 
‘‘(g) The filing of a claim under this title shall not 
revive any period of limitations under applicable nonbank-
ruptcy law.’’. 
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(aa) ALLOWANCE OF CLAIMS OR INTERESTS.— 
(1) IN
GENERAL.—Section 502 of title 11, 
United States Code, is amended— 
(A) in subsection (b)— 
(i) in the matter preceding paragraph 
(1), by striking ‘‘subsections (e)(2), (f), 
(g), (h), and (i)’’ and inserting ‘‘sub-
sections (c), (f)(2), (g), (h), (i), and (j)’’; 
(ii) in paragraph (2), by striking ‘‘in-
terest;’’ and inserting ‘‘interest, including 
under a prepayment penalty, yield mainte-
nance clause, make-whole clause, or similar 
contractual provision;’’; 
(iii) by redesignating paragraphs (3) 
through (9) as paragraphs (5) through 
(11), respectively; 
(iv) by inserting after paragraph (2) 
the following: 
‘‘(3) such claim is for attorneys’ fees incurred 
after the entry of the order for relief under this title, 
except to the extent permitted under section 503 or 
506 of this title; 
‘‘(4) notwithstanding section 506(b), such claim 
is for a fee incurred under section 1930(b) of title 
28;’’; 
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(v) in paragraph (10), as so redesig-
nated, by striking ‘‘or’’ at the end; and 
(vi) in paragraph (11), as so redesig-
nated, by striking ‘‘may provide,’’ and all 
that follows and inserting ‘‘may provide.’’; 
(B) by striking subsection (k); 
(C) by redesignating subsections (d), (e), 
(f), (g), (h), (i), and (j) as subsections (e), (f), 
(g), (h), (i), (j), and (k), respectively; 
(D) by inserting after subsection (c) the 
following: 
‘‘(d) The court shall, after notice and a hearing, dis-
allow any claim if— 
‘‘(1) the creditor, an affiliate of the creditor, an 
agent of the creditor, a direct or indirect transferor 
of the claim to the creditor, or an affiliate of such 
transferor engaged in inequitable conduct (which 
shall include a violation of Federal or State law) 
that harmed the debtor, whether or not the inequi-
table conduct was connected with the claim or an ob-
ligation that gave rise to the claim; or 
‘‘(2) the creditor, an affiliate of the creditor, an 
agent of the creditor, a direct or indirect transferor 
of the claim to the creditor, or an affiliate of such 
transferor violated a Federal consumer financial law, 
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100 
as defined in section 1002 of the Consumer Finan-
cial Protection Act of 2010 (12 U.S.C. 5481), in 
connection with the claim or an obligation that gave 
rise to the claim.’’; 
(E) in subsection (e), as so redesignated, 
by striking ‘‘or 724(a) of this title’’ and insert-
ing ‘‘724(a) or 1041 of this title’’; 
(F) in subsection (f), as so redesignated, in 
paragraph (2), by striking ‘‘or disallowed under 
subsection (d)’’ and inserting ‘‘or disallowed 
under subsection (d) or (e)’’; 
(G) in subsection (g), as so redesignated, 
by striking ‘‘or disallowed under subsection (d) 
or (e)’’ and inserting ‘‘or disallowed under sub-
section (d), (e), or (f)’’; 
(H) in subsection (h), as so redesignated— 
(i) in paragraph (1)— 
(I) by striking ‘‘chapter 9, 11, 
12, or 13’’ and inserting ‘‘chapter 9, 
10, 11, or 12’’; and 
(II) by striking ‘‘or disallowed 
under subsection (d) or (e)’’ and in-
serting ‘‘or disallowed under sub-
section (d), (e), or (f)’’; and 
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101 
(ii) in paragraph (2), by striking ‘‘or 
disallowed under subsection (d) or (e)’’ and 
inserting ‘‘or disallowed under subsection 
(d), (e), or (f)’’; 
(I) in subsection (i), as so redesignated, by 
striking ‘‘or disallowed under subsection (d) or 
(e)’’ and inserting ‘‘or disallowed under sub-
section (d), (e), or (f)’’; 
(J) in subsection (j), as so redesignated, by 
striking ‘‘or disallowed under subsection (d) or 
(e)’’ and inserting ‘‘or disallowed under sub-
section (d), (e), or (f)’’; 
(K) by adding at the end the following: 
‘‘(l)(1)(A) If a claim that is disallowed under sub-
section (b) of this section was filed in bad faith, the court 
shall grant judgment against the creditor and in favor of 
the estate for— 
‘‘(i) costs and reasonable attorneys’ fees; and 
‘‘(ii) punitive damages, as are necessary to 
deter future bad faith claim filing by the creditor. 
‘‘(B) A claim filed in bad faith includes a claim that 
is filed without an actual, reasonable, good faith belief that 
the debt on which it is based is within the applicable statu-
tory limitations period. 
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102 
‘‘(C) Not more than 50 percent of the total amount 
of any punitive damages awarded to the estate under sub-
paragraph (A) shall be reserved for the trustee, debtor, 
or both and shall be exempt from the property of the es-
tate, notwithstanding section 522. 
‘‘(2) If a claim is disallowed under subsection (d), the 
court shall grant judgment against the creditor and in 
favor of the estate for costs and reasonable attorneys’ fees. 
‘‘(3) The estate may offset the liability of a creditor 
under this subsection against any distribution to be made 
on the claim of the creditor.’’. 
(2) CONFORMING AMENDMENTS.— 
(A) Section 101 of title 11, United States 
Code, is amended in paragraph (12)(B), as re-
designated by this section, by striking ‘‘502(f), 
502(g), 502(h), or 502(i)’’ and inserting ‘‘sub-
section (g), (h), (i), or (j) of section 502’’. 
(B) Section 501(d) of title 11, United 
States Code, is amended by striking ‘‘in section 
502(e)(2), 502(f), 502(g), 502(h), or 502(i)’’ 
and inserting ‘‘in subsection (f)(2), (g), (h), (i), 
or (j) of section 502’’. 
(C) Section 503(b) of title 11, United 
States Code, is amended— 
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103 
(i) in the matter preceding paragraph 
(1), by striking ‘‘section 502(f)’’ and in-
serting ‘‘section 502(g)’’; and 
(ii) in paragraph (7), by striking ‘‘sec-
tion 502(b)(6)’’ and inserting ‘‘section 
502(b)(8)’’. 
(D) Section 506(d)(1) of title 11, United 
States Code, is amended by striking ‘‘section 
502(b)(5) or 502(e)’’ and inserting ‘‘subsection 
(b)(7) or (f) of section 502’’. 
(E) Section 507(a)(3) of title 11, United 
States Code, is amended by striking ‘‘section 
502(f)’’ and inserting ‘‘section 502(g)’’. 
(F) Section 509(b)(1)(B) of title 11, 
United States Code, is amended by striking 
‘‘section 
502(e)’’ 
and 
inserting 
‘‘section 
502(f)’’. 
(G) Section 544(b)(1) of title 11, United 
States Code, is amended by striking ‘‘section 
502(e)’’ and inserting ‘‘section 502(f)’’. 
(H) Section 929 of title 11, United States 
Code, 
is 
amended 
by 
striking 
‘‘section 
502(b)(6)’’ and inserting ‘‘section 502(b)(8)’’. 
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104 
(I) Section 1114(j) of title 11, United 
States Code, is amended by striking ‘‘section 
502(b)(7)’’ and inserting ‘‘section 502(b)(9)’’. 
(J) Section 1141(d)(1)(A) of title 11, 
United States Code, is amended by striking 
‘‘section 502(g), 502(h), or 502(i)’’ and insert-
ing ‘‘subsection (h), (i), or (j) of section 502’’. 
(K) Section 1232(d)(4) of title 11, United 
States Code, is amended by striking ‘‘or dis-
allowed under subsection (d) or (e) of section 
502’’ and inserting ‘‘or disallowed under sub-
section (d), (e), or (f) of section 502’’. 
(L) Section 311 of PROMESA (48 U.S.C. 
2171) is amended by striking ‘‘502(b)(6)’’ and 
inserting ‘‘502(b)(8)’’. 
(bb) DETERMINATION OF SECURED STATUS.—Sec-
tion 506 of title 11, United States Code, is amended— 
(1) in subsection (a), by striking paragraph (2) 
and inserting the following: 
‘‘(2) In a case under chapter 10 of this title, 
any interest of a creditor in property of the debtor 
or the estate shall be determined by its realizable 
value as of the date of the filing of the petition.’’; 
(2) in subsection (b), by striking ‘‘interest on 
such claim,’’ and all that follows and inserting ‘‘in-
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105 
terest on such claim and any reasonable fees, costs, 
or charges provided for under the agreement or ap-
plicable nonbankruptcy law under which such claim 
arose, with post-petition interest credited to the al-
lowed secured claim before other fees, costs, or 
charges.’’; and 
(3) in subsection (d), in the matter preceding 
paragraph (1) by striking ‘‘allowed secured claim,’’ 
and inserting ‘‘allowed secured claim pursuant to 
subsection (a),’’. 
(cc) PRIORITIES.— 
(1) IN GENERAL.—Section 507(a) of title 11, 
United States Code, is amended— 
(A) in paragraph (1)— 
(i) by striking subparagraph (B); 
(ii) by redesignating subparagraph 
(C) as subparagraph (B); and 
(iii) in subparagraph (B), as so redes-
ignated— 
(I) by striking ‘‘701, 702, 703, 
1104, 1202, or 1302’’ and inserting 
‘‘1001, 1104, or 1202’’; and 
(II) by striking ‘‘subparagraphs 
(A) and (B)’’ and inserting ‘‘subpara-
graph (A)’’; and 
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106 
(B) in paragraph (7), by inserting ‘‘includ-
ing the purchase of a store gift card,’’ after 
‘‘purchase of services,’’. 
(2) CONFORMING AMENDMENTS.— 
(A) Section 724(b)(2) of title 11, United 
States Code, is amended by striking ‘‘section 
507(a)(1)(C)’’ 
and 
inserting 
‘‘section 
507(a)(1)(B)’’. 
(B) Section 1222(a)(4) of title 11, United 
States Code, is amended— 
(i) in paragraph (3), by adding ‘‘and’’ 
at the end; 
(ii) by striking paragraph (4); and 
(iii) by redesignating paragraph (5) as 
paragraph (4). 
(dd) RATE OF INTEREST ON TAX CLAIMS.—Section 
511 of title 11, United States Code, is amended by adding 
at the end the following: 
‘‘(c) This section shall not apply in a case under 
chapter 10 of this title.’’. 
(ee) DEBTOR’S DUTIES.—Section 521, of title 11, 
United States Code, is amended by striking subsections 
(a) through (j) and inserting the following: 
‘‘(a) The debtor shall— 
‘‘(1) file— 
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107 
‘‘(A) a list of creditors; and 
‘‘(B) unless the court orders otherwise— 
‘‘(i) a schedule of assets and liabil-
ities; 
‘‘(ii) a schedule of current income and 
current expenditures; 
‘‘(iii) a statement of the debtor’s fi-
nancial affairs; 
‘‘(iv) a statement disclosing any rea-
sonably anticipated increase in income or 
expenditures over the 12-month period fol-
lowing the date of the filing of the petition; 
and 
‘‘(v) if the debtor’s annual income cre-
ates or increases the minimum payment 
obligation as described in clause (ii) or (iii) 
of section 101(54)(B) of this title— 
‘‘(I) a statement of the debtor’s 
annual income; and 
‘‘(II) the calculations that deter-
mine the amount by which the debt-
or’s annual income creates or in-
creases the minimum payment obliga-
tion; 
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108 
‘‘(2) if a trustee is serving in the case, cooper-
ate with the trustee as necessary to enable the trust-
ee to perform the trustee’s duties under this title; 
‘‘(3) appear at the hearing required under sec-
tion 524(d) of this title; and 
‘‘(4) unless a trustee is serving in the case, con-
tinue to perform the obligations required of the ad-
ministrator (as defined in section 3 of the Employee 
Retirement Income Security Act of 1974) of an em-
ployee benefit plan if at the time of the commence-
ment of the case the debtor (or any entity des-
ignated by the debtor) served as such administrator. 
‘‘(b) In a case under chapter 10 of this title: 
‘‘(1) Not later than 7 days before the date first 
set for the first meeting of creditors, the debtor shall 
provide to the trustee documentation that establishes 
the debtor’s income in one or more of the following 
forms: 
‘‘(A) One or more payment advices, issued 
within 60 days before the date of the filing of 
the petition, showing the debtor’s year-to-date 
income. 
‘‘(B) A copy of the Federal income tax re-
turn required under applicable law (or at the 
election of the debtor, a transcript of such re-
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109 
turn) for the most recent tax year ending im-
mediately before the commencement of the case 
and for which a Federal income tax return was 
filed. 
‘‘(C) A W–2 form issued by each employer 
for the tax year preceding the year the petition 
is filed. 
‘‘(D) Other evidence of payment received 
within 60 days before the date of the filing of 
the petition that establishes the debtor’s in-
come. 
‘‘(2) If the debtor’s annual income creates or 
increases the minimum payment obligation as de-
scribed in clause (ii) or (iii) of section 101(54)(B) 
of this title, the debtor shall, to the extent not al-
ready provided under paragraph (1), provide to the 
trustee as documentation of income— 
‘‘(A) a copy of the Federal income tax re-
turn required under applicable law (or at the 
election of the debtor, a transcript of such re-
turn) for the most recent tax year ending im-
mediately before the commencement of the case 
and for which a Federal income tax return was 
required and filed; and 
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110 
‘‘(B) copies of all payment advices or other 
evidence of payment received within 60 days be-
fore the date of the filing of the petition, by the 
debtor from any employer of the debtor. 
‘‘(3) Notwithstanding paragraphs (1) and (2), 
the debtor shall provide additional documentation of 
income if requested by the trustee or the United 
States trustee upon reasonable grounds to believe 
the debtor’s actual income is greater than disclosed 
and would create or increase the minimum payment 
obligation as described in clause (ii) or (iii) of sec-
tion 101(54)(B) of this title. 
‘‘(c) If the schedule of current income required by 
subsection (a)(1)(B)(ii) discloses income that is not more 
than 80 percent of the amount of annual income that 
would trigger the documentation obligations in subsection 
(b)(2) and in the absence of actual knowledge of facts to 
the contrary, an attorney for the debtor or a bankruptcy 
petition preparer for the debtor under section 110 of this 
title may rely on the schedule of current income to deter-
mine that— 
‘‘(1) the documentation requirements of sub-
section (b)(2) do not apply; and 
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111 
‘‘(2) the debtor is not required to file the state-
ment of annual income required by subsection 
(a)(1)(B)(v). 
‘‘(d) In a case under chapter 7 or 11: 
‘‘(1) The debtor shall provide— 
‘‘(A) not later than 7 days before the date 
first set for the first meeting of creditors, to the 
trustee a copy of the Federal income tax return 
required under applicable law (or at the election 
of the debtor, a transcript of such return) for 
the most recent tax year ending immediately be-
fore the commencement of the case and for 
which a Federal income tax return was filed; 
and 
‘‘(B) at the same time the debtor complies 
with subparagraph (A), a copy of such return 
(or if elected under subparagraph (A), such 
transcript) to any creditor that timely requests 
such copy. 
‘‘(2) If the debtor fails to comply with subpara-
graph (A) or (B) of paragraph (1), the court shall 
dismiss the case unless the debtor demonstrates that 
the failure to so comply is due to circumstances be-
yond the debtors’s control. 
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112 
‘‘(3) If a creditor requests a copy of such tax 
return or such transcript and if the debtor fails to 
provide a copy of such tax return or such transcript 
to such creditor at the time the debtor provides such 
tax return or such transcript to the trustee, the 
court shall dismiss the case unless the debtor dem-
onstrates that the failure to provide a copy of such 
tax return or such transcript is due to circumstances 
beyond the debtor’s control. 
‘‘(e) Failure by the debtor to disclose a cause of ac-
tion in a schedule required to be filed under this section 
shall not alone be grounds to dismiss a lawsuit brought 
to enforce the cause of action. 
‘‘(f) If requested by the United States trustee or by 
the trustee, the debtor shall provide— 
‘‘(1) a document that establishes the identity of 
the debtor, including a driver’s license, passport, or 
other document that contains a photograph of the 
debtor; or 
‘‘(2) such other personal identifying information 
relating to the debtor that establishes the identity of 
the debtor. 
‘‘(g) At the request of the court, the trustee, or the 
United States trustee, a debtor under chapter 10 or 11 
who is an individual shall file with the court— 
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113 
‘‘(1) at the same time filed with the taxing au-
thority, a copy of each Federal income tax return re-
quired under applicable law (or at the election of the 
debtor, a transcript of such tax return) with respect 
to each tax year of the debtor ending while the case 
is pending under such chapter; 
‘‘(2) at the same time filed with the taxing au-
thority, each Federal income tax return required 
under applicable law (or at the election of the debt-
or, a transcript of such tax return) that had not 
been filed with such authority as of the date of the 
commencement of the case and that was subse-
quently filed for any tax year of the debtor ending 
in the 3-year period ending on the date of the com-
mencement of the case; and 
‘‘(3) a copy of each amendment to any Federal 
income tax return or transcript filed with the court 
under paragraph (1) or (2). 
‘‘(h)(1) Notwithstanding any other provision of this 
title, if the debtor fails to file a tax return that becomes 
due after the commencement of the case or to properly 
obtain an extension of the due date for filing such return, 
the taxing authority may request that the court enter an 
order converting or dismissing the case. 
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114 
‘‘(2) If the debtor does not file the required return 
or obtain the extension referred to in paragraph (1) within 
90 days after a request is filed by the taxing authority 
under that paragraph, the court shall convert or dismiss 
the case, whichever is in the best interests of creditors and 
the estate.’’. 
(ff) EXEMPTIONS.— 
(1) IN
GENERAL.—Section 522 of title 11, 
United States Code, is amended by striking sub-
sections (a) through (q) and inserting the following: 
‘‘(a) In this section— 
‘‘(1) the term ‘conforming loan limit’ means 
that applicable limitation for the debtor’s county of 
residence governing the maximum original principal 
obligation for a mortgage secured by a single-family 
residence, as determined and adjusted annually 
under section 302(b)(2) of the Federal National 
Mortgage Association Charter Act (12 U.S.C. 
1717(b)(2)) and section 305(a)(2) of the Federal 
Home Loan Mortgage Corporation Act (12 U.S.C. 
1454(a)(2)); 
‘‘(2) the term ‘dependent’ includes spouse, 
whether or not actually dependent; and 
‘‘(3) the term ‘value’ means value— 
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115 
‘‘(A) as of the date of the filing of the peti-
tion; or 
‘‘(B) with respect to property that becomes 
property of the estate after such date, as of the 
date such property becomes property of the es-
tate. 
‘‘(b)(1) Notwithstanding section 541 of this title, an 
individual debtor may elect to exempt from property of 
the estate either the property listed in paragraph (2) or, 
in the alternative, the property listed in paragraph (3). 
‘‘(2)(A) The property listed in this paragraph is the 
following: 
‘‘(i) The debtor’s interest in the debtor’s prin-
cipal residence, not to exceed— 
‘‘(I) 75 percent of the conforming loan 
limit, if the debtor is age 65 or older on the 
date of the petition not to exceed not to exceed; 
and 
‘‘(II) 50 percent of the conforming loan 
limit in any other case. 
‘‘(ii) The debtor’s aggregate interest, unlimited 
in amount except as provided in subparagraph (B), 
in the following: 
‘‘(I) Professionally prescribed health aids 
for the debtor or a dependent of the debtor. 
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116 
‘‘(II) The debtor’s right to receive, or 
property that is traceable to— 
‘‘(aa) a social security benefit, rail-
road retirement benefit, government pen-
sion or retirement benefit, unemployment 
compensation, or a local public assistance 
benefit; 
‘‘(bb) a veterans’ benefit; 
‘‘(cc) a disability, illness, or unemploy-
ment benefit; 
‘‘(dd) alimony, support, or separate 
maintenance; 
‘‘(ee) a payment under a stock bonus, 
pension, profit sharing, annuity, or similar 
plan or contract on account of illness, dis-
ability, death, age, or length of service, un-
less— 
‘‘(AA) such plan or contract was 
established by or under the auspices 
of an insider that employed the debtor 
at the time the debtor’s rights under 
such plan or contract arose; 
‘‘(BB) such payment is on ac-
count of age or length of service; and 
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117 
‘‘(CC) such plan or contract does 
not qualify under section 401(a), 
403(a), 403(b), or 408 of the Internal 
Revenue Code of 1986; 
‘‘(ff) an award under a crime victim’s 
reparation law; 
‘‘(gg) a payment on account of the 
wrongful death of an individual of whom 
the debtor was a dependent, except to the 
extent that such payment is for punitive 
damages; 
‘‘(hh) a payment under a life insur-
ance contract that insured the life of an in-
dividual of whom the debtor was a depend-
ent on the date of such individual’s death; 
‘‘(ii) a payment on account of per-
sonal bodily injury, pain and suffering, or 
compensation for actual pecuniary loss, of 
the debtor or an individual of whom the 
debtor is a dependent, except to the extent 
that such payment is for punitive damages; 
‘‘(jj) a payment in compensation of 
loss of future earnings of the debtor or an 
individual of whom the debtor is or was a 
dependent; 
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119 
‘‘(ll) a tax credit for earned income 
under section 32 of the Internal Revenue 
Code of 1986. 
‘‘(iii) The debtor’s interest in any other prop-
erty up to $30,000 in aggregate value. 
‘‘(B)(i) The court on its own motion, or upon motion 
by the trustee or United States trustee, may limit the 
amount property exempt under item (dd), (ee), (hh), (jj), 
or (kk) of subparagraph (A)(ii)(II) after notice and hear-
ing if it determines that such property is manifestly un-
necessary for the support of the debtor or the debtor’s de-
pendents. 
‘‘(ii) There shall be a rebuttable presumption that ag-
gregate value of property described in any such item in 
excess of $1,500,000 is manifestly unnecessary for the 
support of the debtor or the debtor’s dependents. 
‘‘(C)(i) If the debtor has a dependent, the debtor may 
double the exemption amounts under subparagraph 
(A)(iii) unless the dependent is filing a concurrent petition 
or has filed a petition within the previous 6 years. 
‘‘(ii) The debtor may increase the amounts exempt 
under subparagraph (A)(iii) in accordance with the num-
ber of additional dependents not claimed under clause (i) 
of this subparagraph by— 
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120 
‘‘(I) 25 percent for the first additional depend-
ent; 
‘‘(II) an additional 10 percent for the second 
additional dependent; 
‘‘(III) an additional 5 percent for the third ad-
ditional dependent; and 
‘‘(IV) an additional 1 percent for each addi-
tional dependent beyond the third. 
‘‘(iii) If a debtor has been claimed as dependent 
under this subparagraph on a previous debtor’s petition 
within the past 6 years, the court may reduce the amount 
of such debtor’s exemptions under this subparagraph as 
the equities of the case require. There shall be a rebuttable 
presumption that an intervening change in family cir-
cumstances, such as separation or divorce, shall not re-
quire such a reduction. 
‘‘(iv) If a debtor has a dependent that has been 
claimed on another debtor’s petition under this subpara-
graph within the past 6 years, the court may reduce the 
amount of the debtor’s exemptions under this subpara-
graph as the equities of the case require. There shall be 
a rebuttable presumption that an intervening change in 
family circumstances, such as separation or divorce, shall 
not require such a reduction. 
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121 
‘‘(v) When claiming property as exempt from the es-
tate under this subparagraph, the debtor shall indicate on 
an official form prescribed by the Judicial Conference of 
the United States in accordance with the Federal Rules 
of Bankruptcy Procedure whether any of the debtor’s de-
pendents have filed for bankruptcy within the previous 6 
years or whether this information is unknown. 
‘‘(3)(A) The property listed in this paragraph is the 
following: 
‘‘(i) Subject to subparagraphs (B) through (E), 
any property that is exempt under Federal law, 
other than paragraph (2) of this subsection, or State 
or local law that is applicable on the date of the fil-
ing of the petition to the place in which the debtor’s 
domicile has been located for the 730 days imme-
diately preceding the date of the filing of the peti-
tion or if the debtor’s domicile has not been located 
in a single State for such 730-day period, the place 
in which the debtor’s domicile was located for 180 
days immediately preceding the 730-day period or 
for a longer portion of such 180-day period than in 
any other place. 
‘‘(ii) Any interest in property in which the debt-
or had, immediately before the commencement of the 
case, an interest as a tenant by the entirety or joint 
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122 
tenant to the extent that such interest as a tenant 
by the entirety or joint tenant is exempt from proc-
ess under applicable nonbankruptcy law. 
‘‘(iii) Retirement funds to the extent that those 
funds are in a fund or account that is exempt from 
taxation under section 401, 403, 408, 408A, 414, 
457, or 501(a) of the Internal Revenue Code of 
1986. 
‘‘(B)(i) Notwithstanding any contrary provision of 
nonbankruptcy law, the exempt amount under this para-
graph of any homestead acquired by the debtor within the 
1-year period immediately preceding the date of the filing 
of the petition shall be limited to the exempt amount of 
value of the debtor’s previous principal residence. 
‘‘(ii) If the value of the debtor’s interest in property 
claimed as a principal residence under this paragraph ex-
ceeds $1,000,000, clause (i) applies to a principal resi-
dence acquired within the 3-year period immediately pre-
ceding the date of filing of the petition. 
‘‘(C) The value of an interest in the debtor’s principal 
residence shall be reduced to the extent that such value 
is attributable to any portion of any property that the 
debtor disposed of in the 10-year period ending on the 
date of the filing of the petition with the intent to hinder, 
delay, or defraud a creditor and that the debtor could not 
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123 
exempt, or that portion that the debtor could not exempt 
under this subsection if on such date the debtor had held 
the property so disposed of. 
‘‘(D)(i) Except as provided in clause (ii) of this sub-
paragraph and sections 544 and 548, as a result of elect-
ing to exempt property under State or local law under sub-
paragraph (A)(i), a debtor may not exempt any amount 
of interest that was acquired by the debtor during the 4- 
year period preceding the date of the filing of the petition 
that exceeds in the aggregate $170,000 in value in the 
debtor’s principal residence. 
‘‘(ii)(I) The limitation under clause (i) shall not apply 
to an exemption claimed under subparagraph (A)(i) by a 
family farmer for the principal residence of such farmer. 
‘‘(II) For purposes of clause (i), any amount of such 
interest does not include any interest transferred from a 
debtor’s previous principal residence (which was acquired 
prior to the beginning of such 4-year period) into the debt-
or’s current principal residence, if the debtor’s previous 
and current residences are located in the same State. 
‘‘(E)(i) A debtor electing to exempt property under 
this paragraph may not exempt any amount of an interest 
in the debtor’s principal residence that exceeds in the ag-
gregate $170,000 if— 
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124 
‘‘(I) the court determines, after notice and a 
hearing, that the debtor has been convicted of a fel-
ony (as defined in section 3156 of title 18), which 
under the circumstances demonstrates that the filing 
of the case was an abuse of the provisions of this 
title; or 
‘‘(II) the debtor owes a debt arising from— 
‘‘(aa) any violation of the Federal securi-
ties laws (as defined in section 3(a)(47) of the 
Securities Exchange Act of 1934), any State se-
curities laws, or any regulation or order issued 
under Federal securities laws or State securities 
laws; 
‘‘(bb) fraud, deceit, or manipulation in a 
fiduciary capacity or in connection with the 
purchase or sale of any security registered 
under section 12 or 15(d) of the Securities Ex-
change Act of 1934 or under section 6 of the 
Securities Act of 1933; 
‘‘(cc) any civil remedy under section 1964 
of title 18; 
‘‘(dd) for debts arising from a violation of 
section 1979 of the Revised Statutes (42 U.S.C. 
1983); or 
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125 
‘‘(ee) any criminal act, intentional tort, or 
willful or reckless misconduct that caused seri-
ous physical injury or death to another indi-
vidual in the preceding 5 years. 
‘‘(ii) Clause (i) shall not apply to the extent the 
amount of an interest in the debtor’s principal residence 
is reasonably necessary for the support of the debtor or 
any dependent of the debtor. 
‘‘(4)(A) For the purposes of item (kk) of paragraph 
(2)(A)(ii)(II) and clause (iii) of paragraph (3)(A), if the 
trustee, United States trustee, or court on its own motion 
objects to retirement funds’ status as exempt, and if those 
retirement funds are in a retirement fund or account that 
has received a favorable determination under section 7805 
of the Internal Revenue Code of 1986 and that determina-
tion is in effect as of the date of the filing of the petition 
in a case under this title, those funds shall be presumed 
to be exempt from the estate. 
‘‘(B) If the retirement funds are in a retirement fund 
or account that has not received a favorable determination 
under such section 7805, those funds shall be exempt from 
the estate if the court determines that— 
‘‘(i) no prior determination to the contrary has 
been made by a court or the Internal Revenue Serv-
ice; and 
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‘‘(ii)(I) the retirement fund is in substantial 
compliance with the applicable requirements of the 
Internal Revenue Code of 1986; or 
‘‘(II) the retirement fund fails to be in substan-
tial compliance with the applicable requirements of 
the Internal Revenue Code of 1986 and the debtor 
is not materially responsible for that failure. 
‘‘(5)(A) A direct transfer of retirement funds from 
1 fund or account that is exempt from taxation under sec-
tion 401, 403, 408, 408A, 414, 457, or 501(a) of the In-
ternal Revenue Code of 1986, under section 401(a)(31) 
of the Internal Revenue Code of 1986, or otherwise, shall 
not cease to qualify for exemption under item (kk) of para-
graph (2)(A)(ii)(II) or clause (iii) of paragraph (3)(A) by 
reason of such direct transfer. 
‘‘(B)(i) Any distribution that qualifies as an eligible 
rollover distribution within the meaning of section 402(c) 
of the Internal Revenue Code of 1986 or that is described 
in clause (ii) of this subparagraph shall not cease to qual-
ify for exemption under item (kk) of paragraph 
(2)(A)(ii)(II) or clause (iii) of paragraph (3)(A) by reason 
of such distribution. 
‘‘(ii) A distribution described in this clause is an 
amount that— 
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127 
‘‘(I) has been distributed from a fund or ac-
count that is exempt from taxation under section 
401, 403, 408, 408A, 414, 457, or 501(a) of the In-
ternal Revenue Code of 1986; and 
‘‘(II) to the extent allowed by law, is deposited 
in such a fund or account not later than 60 days 
after the distribution of such amount. 
‘‘(6)(A) In joint cases filed under section 302 of this 
title and individual cases filed under section 301 or 303 
of this title by or against 2 debtors who are married to 
each other, and whose estates are ordered to be jointly 
administered under the Federal Rules of Bankruptcy Pro-
cedure, the debtors shall be deemed to elect exempt prop-
erty under paragraph (2) unless they both affirmatively 
elect to exempt property under paragraph (3). 
‘‘(B) In a joint case, the residence exemptions in sub-
paragraphs (2)(A)(i) and (3)(A)(i) shall be allocated one- 
half each to each debtor. 
‘‘(C) The nonresidence exemptions in paragraphs 
(2)(A)(iii) and (3)(A)(iii) shall apply separately with re-
spect to each debtor in a joint case. 
‘‘(c) Unless the case is dismissed, property exempted 
under this section is not liable during or after the case 
for any debt of the debtor that arose, or that is determined 
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under section 502 of this title as if such debt had arisen, 
before the commencement of the case, except— 
‘‘(1) a debt of a kind specified in paragraph (5) 
of section 523(a) (in which case, notwithstanding 
any provision of applicable nonbankruptcy law to the 
contrary, such property shall be liable for a debt of 
a kind specified in such paragraph); or 
‘‘(2) a debt secured by a lien that is— 
‘‘(A) not avoided under subsection (e) or 
(g) of this section or under section 544, 545, 
547, 548, or 549 of this title; and 
‘‘(B) not void under section 506(d) of this 
title. 
‘‘(d)(1) A waiver of an exemption executed in favor 
of a creditor that holds an unsecured claim against the 
debtor is unenforceable in a case under this title with re-
spect to such claim against property that the debtor may 
exempt under subsection (b). 
‘‘(2) A waiver by the debtor of a power under sub-
section (e) or (g) to avoid a transfer, under subsection (f) 
or (h) to exempt property, or under subsection (h) to re-
cover property or to preserve a transfer, is unenforceable 
in a case under this title. 
‘‘(e)(1) Notwithstanding any waiver of exemptions, 
the debtor may avoid the fixing of a lien on an interest 
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129 
of the debtor in property to the extent that such lien im-
pairs an exemption to which the debtor would have been 
entitled under subsection (b), if such lien is— 
‘‘(A) a judicial lien, other than a judicial lien 
that secures a debt of a kind that is specified in sec-
tion 523(a)(5); or 
‘‘(B) a nonpossessory, non-purchase-money se-
curity interest in any personal, family, or household 
goods or in any implements, professional books, or 
tools, of the trade of the debtor or the trade of a 
dependent of the debtor. 
‘‘(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. 
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130 
‘‘(C) This paragraph shall not apply with respect to 
a judgment arising out of a mortgage foreclosure. 
‘‘(f) Notwithstanding sections 550 and 551 of this 
title, the debtor may exempt under subsection (b) of this 
section property that the trustee recovers under section 
510(c)(2), 542, 543, 550, 551, or 553 of this title, to the 
extent that the debtor could have exempted such property 
under subsection (b) of this section if such property had 
not been transferred, if— 
‘‘(1)(A) such transfer was not a voluntary 
transfer of such property by the debtor; and 
‘‘(B) the debtor did not conceal such property; 
or 
‘‘(2) the debtor could have avoided such trans-
fer under subsection (e)(1) of this section. 
‘‘(g) The debtor may avoid a transfer of property of 
the debtor or recover a setoff to the extent that the debtor 
could have exempted such property under subsection (f)(1) 
if the trustee had avoided such transfer, if— 
‘‘(1) such transfer is avoidable by the trustee 
under section 544, 545, 547, 548, 549, or 1041 of 
this title or recoverable by the trustee under section 
553 of this title; and 
‘‘(2) the trustee does not attempt to avoid such 
transfer. 
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131 
‘‘(h)(1) If the debtor avoids a transfer or recovers a 
setoff under subsection (e) or (g), the debtor may recover 
in the manner prescribed by, and subject to the limitations 
of, section 550 of this title, the same as if the trustee had 
avoided such transfer, and may exempt any property so 
recovered under subsection (b). 
‘‘(2) Notwithstanding section 551 of this title, a 
transfer avoided under section 544, 545, 547, 548, 549, 
or 1041 of this title, under subsection (e) or (g) of this 
section, or property recovered under section 553 of this 
title, may be preserved for the benefit of the debtor to 
the extent that the debtor may exempt such property 
under subsection (f) of this section or paragraph (1) of 
this subsection. 
‘‘(i) Notwithstanding subsections (f) and (h), the 
debtor may exempt a particular kind of property under 
subsections (f) and (h) only to the extent that the debtor 
has exempted less property in value of such kind than that 
to which the debtor is entitled under subsection (b). 
‘‘(j) Property that the debtor exempts under this sec-
tion is not liable for payment of any administrative ex-
pense except— 
‘‘(1) the aliquot share of the costs and expenses 
of avoiding a transfer of property that the debtor ex-
empts under subsection (f), or of recovery of such 
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132 
property, that is attributable to the value of the por-
tion of such property exempted in relation to the 
value of the property recovered; and 
‘‘(2) any costs and expenses of avoiding a 
transfer under subsection (e) or (g), or of recovery 
of property under subsection (h)(1), that the debtor 
has not paid. 
‘‘(k)(1)(A) The debtor shall file a list of property that 
the debtor claims as exempt under subsection (b). 
‘‘(B) If the debtor does not file such a list, a depend-
ent of the debtor may file such a list, or may claim prop-
erty as exempt from property of the estate on behalf of 
the debtor. 
‘‘(2) Unless a party in interest objects, the property 
claimed as exempt on such list is exempt.’’. 
(2) CONFORMING AMENDMENT.— 
(A) Section 349(b)(1)(B) of title 11, 
United States Code, is amended by striking 
‘‘522(i)(1),’’ and inserting ‘‘522(h)(i),’’. 
(B) Subsection (e) of section 502 of title 
11, United States Code, as so redesignated by 
subsection (aa) of this section, is amended— 
(i) 
by 
striking 
‘‘section 
522(f), 
522(h),’’ and inserting ‘‘section 522(e), 
522(g),’’; and 
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133 
(ii) by striking ‘‘section 522(i)’’ and 
inserting ‘‘section 522(h)’’. 
(gg) EXCEPTIONS TO DISCHARGE.—Section 523 of 
title 11, United States Code, is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph 
(1)— 
(i) by striking ‘‘727,’’; and 
(ii) by striking ‘‘1328(b)’’and insert-
ing ‘‘1031(a)’’; 
(B) in paragraph (1)(B), in the matter 
preceding clause (i), by inserting ‘‘subject to 
subsection (f),’’ before ‘‘with respect’’; 
(C) in paragraph (2)— 
(i) in subparagraph (A), by adding 
‘‘or’’ at the end; 
(ii) in subparagraph (B), by striking 
‘‘or’’ at the end; and 
(iii) by striking subparagraph (C); 
(D) in paragraph (3)— 
(i) in subparagraph (A), by striking 
‘‘(4), or (6)’’ and inserting ‘‘(4), (6), or 
(7)’’; and 
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134 
(ii) in subparagraph (B), by striking 
‘‘(4), or (6)’’ and inserting ‘‘(4), (6), or 
(7)’’; 
(E) by striking paragraph (7) and insert-
ing the following: 
‘‘(7) to the extent such debt is for a fine, pen-
alty, or restitution— 
‘‘(A) that is incurred in a criminal pro-
ceeding and specifically designated as a fine, 
penalty, or restitution in the sentencing order 
upon the debtor’s conviction; 
‘‘(B) that is not— 
‘‘(i) for the cost of prosecuting the 
debtor, including the cost of public defense, 
incarceration, probation, or any diversion 
program; 
‘‘(ii) for the cost of operating the 
criminal justice system or funding govern-
ment functions; 
‘‘(iii) for the cost of collecting such 
debt; or 
‘‘(iv) a fee, surcharge, assessment, or 
interest or collection charge imposed in 
connection with such debt; and 
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135 
‘‘(C) only if the creditor demonstrates that 
the debtor has substantial financial resources 
that permit the debtor to pay all or a signifi-
cant portion of the fine, penalty, or restitution 
for— 
‘‘(i) a fine, penalty, or restitution with 
respect to which the petition is filed on or 
after the date that is 3 years after the 
later of— 
‘‘(I) the date of the sentencing 
order; or 
‘‘(II) the date on which the debt-
or was released from incarceration 
pursuant to the sentencing order; or 
‘‘(ii) a debt that is a tax penalty— 
‘‘(I) relating to a tax of a kind 
not specified in paragraph (1) of this 
subsection; or 
‘‘(II) imposed with respect to a 
transaction or event that occurred be-
fore 3 years before the date of the fil-
ing of the petition;’’; 
(F) by striking paragraph (8); 
(G) by redesignating paragraph (9) as 
paragraph (8); 
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136 
(H) by inserting after paragraph (8), as so 
redesignated, the following: 
‘‘(9) that was or could have been listed or 
scheduled by the debtor in a prior case concerning 
the debtor under this title in which the debtor 
waived a discharge, or was denied a discharge under 
section 727(a) (2), (3), (4), (5), (6), or (7), as in ef-
fect on the day before the date of enactment of the 
Consumer Bankruptcy Reform Act of 2020, or 
under section 1031, unless such debt was the subject 
of a written waiver of discharge and the court has 
made 
the 
determination 
required 
by 
section 
1031(b)(3)(B);’’; 
(I) by striking paragraphs (14) and (14A); 
(J) by redesignating paragraph (14B) as 
paragraph (14); 
(K) in paragraph (16), by inserting ‘‘and 
the debtor or the trustee possesses, occupies, or 
uses the property’’ after ‘‘such lot’’; 
(L) by striking paragraph (17); 
(M) by redesignating paragraph (18) as 
paragraph (17); and 
(N) by striking paragraph (19) and insert-
ing the following: 
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137 
‘‘(18) for debts arising from a violation of sec-
tion 1979 of the Revised Statutes (42 U.S.C. 
1983).’’; 
(2) in subsection (b), by striking ‘‘(a)(1), 
(a)(3), or (a)(8)’’ and inserting ‘‘(a)(1) or (a)(3)’’; 
(3) in subsection (c), by adding at the end the 
following: 
‘‘(3) Notwithstanding subsection (a) of this section, 
the debtor shall be discharged from a debt of the kind 
specified in subsection (a)(7) of this section if the sen-
tencing order fails to separately list any fees, costs, assess-
ments or surcharges in addition to any fine, penalty, or 
restitution, and such fees, costs, assessments, or sur-
charges are authorized to be assessed under nonbank-
ruptcy law for the particular crime committed by the debt-
or, unless— 
‘‘(A) the sentencing order expressly states that 
no fees, costs, assessments or surcharges are as-
sessed against the debtor in addition to any fine, 
penalty, or restitution; or 
‘‘(B) on request of the creditor to whom such 
debt is owed, and after notice and a hearing, the 
court determines such debt shall not be discharged 
under subsection (a)(7) of this section.’’; and 
(4) by adding at the end the following: 
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138 
‘‘(f) For purposes of subparagraph (B) of subsection 
(a)(1), a return— 
‘‘(1) must satisfy the requirements of applicable 
nonbankruptcy law; 
‘‘(2) must have been filed in a manner per-
mitted by applicable nonbankruptcy law regardless 
of whether it was filed before or after any applicable 
deadline; 
‘‘(3) includes a return prepared pursuant to 
section 6020(a) of the Internal Revenue Code of 
1986, or similar State or local law, or a written stip-
ulation to a judgment entered by a nonbankruptcy 
tribunal; and 
‘‘(4) does not include a return made pursuant 
to section 6020(b) of the Internal Revenue Code of 
1986, or similar State or local law.’’. 
(hh) EFFECT OF DISCHARGE.—Section 524 of title 
11, United States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘727, 
944, 1141, 1192, 1228, or 1328’’ and inserting 
‘‘sections 727 or 1328, as in effect on the day 
before the date of enactment of the Consumer 
Bankruptcy Reform Act of 2020, or sections 
944, 1031, 1141, 1192, or 1228’’; and 
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139 
(B) in paragraph (3), by striking ‘‘1192, 
1128(a)(1), or 1328(a)(1)’’ and inserting 
‘‘1031, 1192, or 1228(a), or section 1328(a)(1), 
as in effect on the day before the date of enact-
ment of the Consumer Bankruptcy Reform Act 
of 2020’’; 
(2) in subsection (b)(2)(B), by striking ‘‘727’’ 
and inserting ‘‘1031’’; 
(3) by striking subsection (c) and inserting the 
following: 
‘‘(c)(1) A debtor that receives a discharge under sec-
tion 1031, or section 727 or 1328, as in effect on the day 
before the date of enactment of the Consumer Bankruptcy 
Reform Act of 2020, the trustee, the United States trust-
ee, or the bankruptcy administrator may bring a civil ac-
tion against a person that knows or should know that the 
discharge injunction is applicable and has intentionally or 
negligently commenced or continued any action described 
in subsection (a). 
‘‘(2) An action under paragraph (1) shall be com-
menced not later than 1 year after the date on which the 
discharged debtor, the trustee, or the United States trust-
ee discovers that a person has commenced or continued 
any action described in subsection (a). 
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140 
‘‘(3) In an action under paragraph (1), the court may 
award relief consistent with this title if the court finds 
that a person has— 
‘‘(A) engaged in conduct in violation of this sec-
tion or of any provision of this title; or 
‘‘(B) engaged in fraudulent, unfair, deceptive, 
or abusive conduct with respect to the debtor or the 
case. 
‘‘(4) Subject to paragraph (6), in a successful action 
under paragraph (1)— 
‘‘(A) the court— 
‘‘(i) shall award to a discharged debtor in-
jured by a violation of subsection (a)— 
‘‘(I) actual damages, including dam-
ages for emotional distress; and 
‘‘(II) reasonable costs and attorneys’ 
fees; and 
‘‘(ii) if the trustee or the United States 
trustee is a prevailing party in the action, shall 
award to the trustee or the United States trust-
ee— 
‘‘(I) reasonable costs and attorney 
fees; and 
‘‘(II) a fee equal to 3 times the 
amount sought to be collected by the per-
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141 
son found to be in violation of subsection 
(a); and 
‘‘(B) the court may award punitive damages, as 
appropriate. 
‘‘(5)(A) If the court awards punitive damages under 
paragraph (4) in an action brought or joined by the trust-
ee, the court may award between 10 percent and 25 per-
cent of the punitive damages to the trustee who brought 
or joined the action. 
‘‘(B) Any punitive damages under this subsection 
shall be in addition to the compensation set out in section 
326. 
‘‘(6) If the commencement or continuation of any ac-
tion described in subsection (a) was taken by a person in 
the good faith belief that subsection (a) did not apply to 
the debt, and the action was withdrawn upon discovery 
that subsection (a) applied to the debt, the recovery shall 
be limited to actual damages, including damages for emo-
tional distress, and reasonable costs and attorneys’ fees. 
‘‘(7) Nothing in this subsection shall be construed to 
prejudice the ability to bring a motion for contempt of 
court for a violation of subsection (a). 
‘‘(8) An agreement between a holder of a claim and 
the debtor, the consideration for which, in whole or in 
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142 
part, is based on a debt that is dischargeable in a case 
under this title is voidable by the debtor. 
‘‘(9) Any pre-dispute arbitration agreement or pre- 
dispute joint-action waiver regarding an action under 
paragraph (1) is voidable by the debtor.’’; 
(4) in subsection (d)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘727, 1141, 1192, 1228, or 1328’’ 
and inserting ‘‘1031, 1141, 1192, or 1228’’; 
and 
(B) beginning in the matter preceding 
paragraph (1), by striking ‘‘If a discharge has 
been granted’’ and all that follows through the 
end of paragraph (2); 
(5) in subsection (f), by striking ‘‘(c) or’’; and 
(6) by striking subsections (k), (l), and (m) and 
inserting the following: 
‘‘(k)(1) Nothing in this section prejudices the ability 
to bring a motion for contempt of court for a violation 
of subsection (a) or any cause of action under applicable 
nonbankruptcy law. 
‘‘(2) Any pre-dispute arbitration agreement or pre- 
dispute joint-action waiver purporting to apply to such an 
action is void. 
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143 
‘‘(l) Upon an entity’s request, and after notice and 
a hearing, the court shall issue an order declaring whether 
an action proposed to be taken by the entity would be a 
violation of the discharge injunction under subsection (a). 
‘‘(m) The debtor’s failure to assert, raise, or plead 
the discharge shall not be construed to be a waiver against 
asserting the discharge.’’. 
(ii) PROTECTION AGAINST DISCRIMINATORY TREAT-
MENT.—Section 525 of title 11, United States Code, is 
amended— 
(1) in subsection (a), by striking ‘‘solely’’; 
(2) in subsection (b), in the matter preceding 
paragraph (1)— 
(A) by inserting ‘‘deny employment to,’’ 
following ‘‘may’’; and 
(B) by striking ‘‘solely’’; and 
(3) by adding at the end the following: 
‘‘(d)(1) A person aggrieved by a violation of this sec-
tion may enforce this section in the bankruptcy case or 
by bringing a civil action in an appropriate district court 
of the United States. 
‘‘(2) To remedy a violation of this section, a court 
may— 
‘‘(A) award damages including back pay; 
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144 
‘‘(B) grant injunctive or other equitable relief; 
and 
‘‘(C) award of costs, including attorneys’ fees, 
to an aggrieved party who prevails.’’. 
(jj) RESTRICTIONS ON DEBT RELIEF AGENCIES.— 
(1) IN
GENERAL.—Section 526 of title 11, 
United States Code, is repealed. 
(2) CONFORMING AMENDMENT.—The table of 
sections for chapter 5 of title 11, United States 
Code, is amended by striking the item relating to 
section 526. 
(kk) DISCLOSURES.— 
(1) IN
GENERAL.—Section 527 of title 11, 
United States Code, is repealed. 
(2) CONFORMING AMENDMENT.—The table of 
sections for chapter 5 of title 11, United States 
Code, is amended by striking the item relating to 
section 527. 
(ll) REQUIREMENTS FOR DEBT RELIEF AGENCIES.— 
(1) IN
GENERAL.—Section 528 of title 11, 
United States Code, is repealed. 
(2) CONFORMING AMENDMENT.—The table of 
sections for chapter 5 of title 11, United States 
Code, is amended by striking the item relating to 
section 528. 
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145 
(mm) PROPERTY OF THE ESTATE.—Section 541 of 
title 11, United States Code, is amended— 
(1) in subsection (b)(7)— 
(A) by striking ‘‘except that such amount 
under this subparagraph shall not constitute 
disposable 
income 
as 
defined 
in 
section 
1325(b)(2); or’’ each place it appears; 
(B) in subparagraph (A)(i)(III), by adding 
‘‘or’’ at the end; and 
(C) in subparagraph (B)(i)(III), by adding 
‘‘or’’ at the end; 
(2) in subsection (c)(2), by striking the period 
at the end and inserting ‘‘, except to the extent nec-
essary to satisfy claims entitled to priority under 
section 507(a)(1).’’; and 
(3) by adding at the end the following: 
‘‘(g) Notwithstanding any contrary provision of non-
bankruptcy law, a pre-dispute arbitration agreement or 
pre-dispute joint-action waiver entered into by the debtor 
shall not be enforceable against the bankruptcy estate or 
the debtor for matters arising in, arising under, or related 
to a case under this title.’’. 
(nn) TURNOVER OF PROPERTY TO ESTATE.— 
(1) IN
GENERAL.—Section 542 of title 11, 
United States Code, is amended— 
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(A) in subsection (a)— 
(i) by striking ‘‘subsection (c) or (d)’’ 
and inserting ‘‘subsection (d), (e), or (f)’’; 
and 
(ii) by striking ‘‘shall deliver to the 
trustee’’ and inserting ‘‘shall, without any 
condition or further action by the trustee, 
the debtor, or the court, deliver promptly 
to the trustee’’; 
(B) in subsection (b), by striking ‘‘sub-
section (c) or (d)’’ and inserting ‘‘subsection 
(d), (e), or (f)’’; 
(C) by redesignating subsections (c), (d), 
and (e) as subsections (e), (f), and (g), respec-
tively; and 
(D) by adding before subsection (e), as so 
redesignated, the following: 
‘‘(c) An entity in possession of property that the 
trustee may use, sell, or lease under section 363 of this 
title, or that the debtor may exempt under section 522 
of this title, shall have, upon delivery of such property to 
the trustee, the same rights in the property as if the entity 
remained in possession. 
‘‘(d) An entity that holds property that the trustee 
may use, sell, or lease under section 363 of this title, or 
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147 
that the debtor may exempt under section 522 of this title, 
and that is subject to a potential loss of value due to acci-
dent, casualty, or theft shall not be required to deliver 
such property to the trustee unless the party entitled to 
possession provides proof of insurance or other security 
sufficient to protect the creditor against such loss of 
value.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
549(a)(2)(A) of title 11, United States Code, is 
amended 
by 
striking 
‘‘542(c)’’ 
and 
inserting 
‘‘542(e)’’. 
(oo) LIMITATIONS ON AVOIDING POWERS.—Section 
546(a)(1)(B) of title 11, United States Code, is amended 
by striking ‘‘1104, 1163, 1202, or 1302’’ and inserting 
‘‘1001, 1104, 1163, or 1202’’. 
(pp) 
FRAUDULENT
TRANSFERS
AND
OBLIGA-
TIONS.—Section 548 of title 11, United States Code, is 
amended— 
(1) in subsection (a)(1), in the matter pre-
ceding subparagraph (A), by striking ‘‘2 years’’ and 
inserting ‘‘4 years’’; 
(2) in subsection (b)(1), by striking ‘‘2 years’’ 
and inserting ‘‘4 years’’; 
(3) in subsection (e)— 
(A) in paragraph (1)— 
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148 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘In addition’’ and 
inserting ‘‘Subject to paragraphs (3) and 
(4), in addition’’; 
(ii) in subparagraph (B), by adding 
‘‘and’’ at the end; 
(iii) in subparagraph (C), by striking 
‘‘; and’’ and inserting a period; and 
(iv) by striking subparagraph (D); 
and 
(B) by adding at the end the following: 
‘‘(3) The trustee may not avoid under para-
graph (1) a transfer of property that is exempt from 
the estate pursuant to paragraph (2)(A)(ii)(II)(kk) 
or (3)(A)(iii) of section 522(b). 
‘‘(4)(A) The trustee may not avoid under para-
graph (1) a transfer that was not made with actual 
intent to hinder, delay, or defraud. 
‘‘(B) The defendant in any action under this 
subsection has the burden of proof in pleading and 
proving that the transfer was not made with actual 
intent to hinder, delay, or defraud creditors.’’. 
(qq) LIABILITY
OF
TRANSFEREE
OF
AVOIDED 
TRANSFER.—Section 550 of title 11, United States Code, 
is amended by adding at the end the following: 
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149 
‘‘(g) The trustee may recover from a transferee the 
costs of bringing a successful avoidance action, including 
reasonable attorney fees, for the avoidance of a transfer 
under section 544(b) under— 
‘‘(1) an applicable nonbankruptcy law that pro-
hibits a transfer made with actual intent to hinder, 
delay, or defraud a creditor; 
‘‘(2) section 548(a)(1); or 
‘‘(3) section 548(e).’’. 
(rr) EXPEDITED DETERMINATION OF INTERESTS IN, 
AND ABANDONMENT OR OTHER DISPOSITION OF GRAIN 
ASSETS.—Section 557(d)(3) of title 11, United States 
Code, is amended by striking ‘‘1104, 1183, 1202, and 
1302’’ and inserting ‘‘1001, 1104, 1183, and 1202’’. 
(ss) DUTIES OF TRUSTEE.—Section 704 of title 11, 
United States Code, is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘(a)’’; 
(B) by striking paragraphs (3) and (10); 
and 
(C) by redesignating paragraphs (4), (5), 
(6), (7), (8), (9), (11), and (12) as paragraphs 
(3), (4), (5), (6), (7), (8), (9), and (10), respec-
tively; 
(2) by striking subsection (b); and 
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150 
(3) by striking subsection (c). 
(tt) CONVERSION.—Section 706 of title 11, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘11, 12, or 13’’ and insert-
ing ‘‘11 or 12’’; and 
(B) by striking ‘‘1112, 1208, or 1307’’ and 
inserting ‘‘1112 or 1208’’; and 
(2) in subsection (c), by striking ‘‘12 or 13’’ 
and inserting ‘‘12’’. 
(uu) DISMISSAL OF A CASE OR CONVERSION TO A 
CASE UNDER CHAPTER 11 OR 13.— 
(1) IN
GENERAL.—Section 707 of title 11, 
United States Code, is amended— 
(A) in the section heading, by striking ‘‘or 
conversion to a case under chapter 11 
or 13’’; 
(B) in subsection (a), by striking ‘‘(a) 
The’’ and inserting ‘‘The’’; 
(C) by striking subsection (b); and 
(D) by striking subsection (c). 
(2) CONFORMING AMENDMENT.—The table of 
sections for chapter 7 of title 11, United States 
Code, is amended by striking the item relating to 
section 707 and inserting the following: 
‘‘707. Dismissal of a case.’’. 
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151 
(vv) REDEMPTION.— 
(1) IN
GENERAL.—Section 722 of title 11, 
United States Code, is repealed. 
(2) CONFORMING AMENDMENT.—The table of 
sections for chapter 7 of title 11, United States 
Code, is amended by striking the item relating to 
section 722. 
(ww) DISTRIBUTION
OF PROPERTY
OF
THE ES-
TATE.—Section 726(b) of title 11, United States Code, is 
amended by striking ‘‘1112, 1208, or 1307’’ and inserting 
‘‘1005, 1053(c), 1112, or 1208’’. 
(xx) DISCHARGE.— 
(1) IN
GENERAL.—Section 727 of title 11, 
United States Code, is repealed. 
(2) CONFORMING AMENDMENT.—The table of 
sections for chapter 7 of title 11, United States 
Code, is amended by striking the item relating to 
section 727. 
(yy) DUTIES OF TRUSTEE AND EXAMINER.—Section 
1106 of title 11, United States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘para-
graphs (2), (5), (7), (8), (9), (10), (11), and 
(12) of section 704(a)’’ and inserting ‘‘para-
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152 
graphs (2), (4), (6), (7), (8), (9), and (10) of 
section 704’’; and 
(B) in paragraph (5), by striking ‘‘12, or 
13’’ and inserting ‘‘7, 10, or 12’’; and 
(2) in subsection (c)(1)(C), by striking clause 
(iv) and inserting the following: 
‘‘(iv) the name of each creditor that 
holds a claim that is not discharged under 
paragraph (2) or (4) of section 523(a) of 
this title.’’. 
(zz) CONVERSION OR DISMISSAL.—Section 1112 of 
title 11, United States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (2), by striking ‘‘or’’; 
(B) in paragraph (3), by striking the pe-
riod at the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(4) the debtor is an individual.’’; 
(2) in subsection (b)(1), by inserting ‘‘in a case 
in which the debtor is not an individual,’’ after ‘‘sub-
section (c),’’; 
(3) in subsection (d), by striking ‘‘12 or 13’’ 
and insert ‘‘10 or 12’’; 
(4) by redesignating subsection (f) as sub-
section (g); and 
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153 
(5) by inserting after subsection (e), the fol-
lowing: 
‘‘(f) The debtor may convert a case under this chap-
ter to a case under chapter 10 of this title at any time. 
Any waiver of the right to convert under this subsection 
is unenforceable.’’. 
(aaa) PROPERTY OF THE ESTATE.—Section 1115(a) 
of title 11, United States Code, is amended by striking 
‘‘7, 12, or 13’’ each place it appears and inserting ‘‘10 
or 12’’. 
(bbb) CONTENTS OF PLAN.—Section 1123(a)(8) of 
title 11, United States Code, is amended by striking ‘‘for 
the execution of the plan.’’ and inserting ‘‘for the debtor 
to meet the minimum payment obligation of the debtor.’’. 
(ccc) 
CONFIRMATION
OF
PLAN.—Section 
1129(a)(15)(B) of title 11, United States Code, is amend-
ed by striking ‘‘the projected disposable income’’ and all 
that follows through ‘‘whichever is longer’’ and inserting 
‘‘the minimum payment obligation of the debtor under a 
repayment plan under section 1021(a)(1) if the case were 
a case under chapter 10’’. 
(ddd) EFFECT OF CONFIRMATION.—Section 1141(d) 
of title 11, United States Code, is amended— 
(1) in paragraph (3)(C)— 
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154 
(A) by striking ‘‘section 727(a)’’ and in-
serting ‘‘section 1031’’; and 
(B) by striking ‘‘chapter 7’’ and inserting 
‘‘chapter 10’’; and 
(2) in paragraph (5)— 
(A) in subparagraph (A), by adding ‘‘and’’ 
at the end; 
(B) in subparagraph (B), by striking ‘‘; 
and’’ at the end and inserting a period; and 
(C) by striking subparagraph (C). 
(eee) TRUSTEE.—Section 1183(b) of title 11, United 
States Code, is amended— 
(1) in paragraph (1), by striking ‘‘paragraphs 
(2), (5), (6), (7), and (9) of section 704(a)’’ and in-
serting ‘‘paragraphs (2), (4), (5), (6), and (8) of sec-
tion 704’’; 
(2) in paragraph (5), by striking ‘‘704(a)(8)’’ 
and inserting ‘‘704(7)’’; and 
(3) in paragraph (6), by striking ‘‘704(c)’’ and 
inserting ‘‘1001(b)(5)’’. 
(fff) PROPERTY OF THE ESTATE.—Section 1186(a) 
of title 11, United States Code, is amended by striking 
‘‘7, 12, or 13’’ each place it appears and inserting ‘‘7, 
10, or 12’’. 
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155 
(ggg) TRUSTEE.—Section 1202 of title 11, United 
States Code, is amended— 
(1) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘sections 
704(a)(2), 704(a)(3), 704(a)(5), 704(a)(6), 
704(a)(7), and 704(a)(9)’’ and inserting ‘‘para-
graphs (2), (3), (4), (5), (6), and (8) of section 
704’’; and 
(B) 
in 
paragraph 
(5), 
by 
striking 
‘‘704(a)(8)’’ and inserting ‘‘704(7)’’; and 
(2) in subsection (c)(1)(C), by striking clause 
(iv) and inserting the following: 
‘‘(iv) the name of each creditor that 
holds a claim that is not discharged under 
paragraph (2) or (4) of section 523(a) of 
this title.’’. 
(hhh) CONVERSION OR DISMISSAL.—Section 1208 of 
title 11, United States Code, is amended— 
(1) in subsection (a) by striking ‘‘7 of’’ and in-
serting ‘‘7 or 10 of’’; and 
(2) in subsection (b) by striking ‘‘or 1112’’ and 
inserting ‘‘, 1005, 1053(c), or 1112’’. 
(iii) DISCHARGE.—Section 1228 of title 11, United 
States Code, is amended by striking subsection (f). 
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156 
SEC. 105. DATA COLLECTION. 
Section 159 of title 28, United States Code, is 
amended by striking subsections (a), (b), and (c) and in-
serting the following: 
‘‘(a)(1) When a case is filed under chapter 10 of title 
11, each debtor in the case may file with the court the 
following information about the debtor: 
‘‘(A) Marital status. 
‘‘(B) Age. 
‘‘(C) Sex. 
‘‘(D) Race. 
‘‘(E) Ethnicity. 
‘‘(2) The Attorney General, in consultation with the 
Consumer Bankruptcy Ombuds of the Bureau of Con-
sumer Financial Protection and the Director of the Ad-
ministrative Office of the United States Courts (referred 
to in this section as the ‘Director’), shall prescribe a 
standard form for the collection of the information de-
scribed in paragraph (1). 
‘‘(3) Any information collected, stored, received, or 
published under paragraph (1) shall— 
‘‘(A) be so collected, stored, received, or pub-
lished in a manner that protects the privacy of indi-
viduals whose information is included in such data; 
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157 
‘‘(B) be de-identified or anonymized in a man-
ner that protects the identity of all individuals whose 
information is included in such data; and 
‘‘(C) be limited in use for the purpose of identi-
fying and addressing disparities in the bankruptcy 
system and be protected from all other internal use 
by any entity that collects, stores, or receives the in-
formation and from any other inappropriate uses. 
‘‘(4) Any information collected under paragraph 
(1)— 
‘‘(A) shall not be part of the public record of 
the bankruptcy case; and 
‘‘(B) shall be maintained in a nonpublic record 
by the court to fulfill its duties under subsection (b). 
‘‘(b) The clerk of the district court, or the clerk of 
the bankruptcy court if one is certified pursuant to section 
156(b), shall collect information regarding individual debt-
ors seeking relief under chapter 10 of title 11. The infor-
mation shall be in a standardized format prescribed by 
the Director so that the Director can fulfill the duties in 
subsection (c). 
‘‘(c)(1) In this subsection, the term ‘qualified re-
searcher’ means a person who has undertaken to protect 
the confidentiality and privacy of the information in the 
database in a protocol that has been reviewed and ap-
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158 
proved by an institutional review board that is estab-
lished— 
‘‘(A) to protect the rights and welfare of human 
subjects participating in scientific research; and 
‘‘(B) in accordance with the requirements es-
tablished under part 46 of title 45, Code of Federal 
Regulations, or any successor thereto. 
‘‘(2) The Director shall— 
‘‘(A) compile statistical tables from the infor-
mation referred to in subsections (a) and (b) and 
make the tables available to the public; 
‘‘(B) not later than July 1, 2022, and annually 
thereafter, prepare, and submit to Congress a report 
concerning the information collected under sub-
sections (a) and (b) that contains an analysis of the 
information; and 
‘‘(C) not later than December 31 of the year 
following the calendar year in which the information 
is collected, make available to— 
‘‘(i) qualified researchers an electronic 
database containing the information collected 
under subsections (a) and (b) or used to create 
the compilation required by this subsection; and 
‘‘(ii) the public an electronic database con-
taining the information collected under sub-
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159 
section (b) or used to create the compilation re-
quired by this subsection. 
‘‘(d) The compilation required under subsection (c) 
shall— 
‘‘(1) be presented in the aggregate and for each 
judicial district and division; and 
‘‘(2) include information concerning— 
‘‘(A) the total assets and total liabilities of 
the debtors and in each category of assets and 
liabilities, as reported in the schedules pre-
scribed pursuant to section 2075 and filed by 
debtors; 
‘‘(B) the current monthly income of debt-
ors as reported on the schedules and statements 
that each debtor files under section 521 of title 
11; 
‘‘(C) the total compensation the debtors 
promised to pay to an attorney, the amount of 
the compensation paid to an attorney before fil-
ing, and the total number of cases in which a 
wage garnishment order or electronic funds 
transfer order was entered to pay an attorney; 
‘‘(D) the total number of dependents of the 
debtors and the total number of dependents of 
the debtors under the age of 18; 
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160 
‘‘(E) whether the debtors had an owner-
ship interest in real estate that served as the 
debtors’ principal residence; 
‘‘(F) whether the debtors had an owner-
ship interest in real estate other than that 
served as the debtors’ principal residence; 
‘‘(G) the minimum payment obligation of 
the debtors as determined under section 
101(54) of title 11; 
‘‘(H) whether the debtors filed a repay-
ment plan, a residence plan, or a property plan; 
and 
‘‘(I) the average period of time between the 
date of the filing of the petition and the closing 
of the case for cases closed during the reporting 
period. 
‘‘(e) The Director may add other information to the 
compilations and databases required by this section that 
improve the understanding of the causes of bankruptcy 
and the functioning of the bankruptcy system.’’. 
SEC. 106. ELECTRONIC SIGNATURES. 
(a) ELECTRONIC SIGNATURE DEFINED.—In this sec-
tion, the term ‘‘electronic signature’’ has the meaning 
given the term in section 106 of the Electronic Signatures 
in Global and National Commerce Act (15 U.S.C. 7006). 
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161 
(b) ELECTRONIC SIGNATURES ALLOWED.—A signa-
ture required for a filing in a case under title 11, United 
States Code, may not be denied legal effect, validity, or 
enforceability solely because it is an electronic signature. 
(c) 
ORIGINAL
ELECTRONIC
SIGNATURES
AL-
LOWED.—In a case under title 11, United States Code, 
an original signature may be an electronic signature. 
SEC. 107. 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 training that may be useful to courts in implementing 
this Act and the amendments made by this Act. 
SEC. 108. CONFORMING AMENDMENTS TO OTHER LAWS. 
(a) BANKRUPTCY ABUSE AND CONSUMER PROTEC-
TION ACT OF 2005.— 
(1) AUDIT PROCEDURES.—Section 603 of the 
Bankruptcy Abuse Prevention and Consumer Pro-
tection Act of 2005 (28 U.S.C. 586 note) is amend-
ed by striking subsection (a). 
(2) JUDICIAL EDUCATION.—Section 1226 of the 
Bankruptcy Abuse Prevention and Consumer Pro-
tection Act of 2005 (11 U.S.C. 101 note) is re-
pealed. 
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162 
(3) TAX DOCUMENTS.—Section 1228(b) of the 
Bankruptcy Abuse Prevention and Consumer Pro-
tection Act of 2005 (11 U.S.C. 521 note) is re-
pealed. 
(b) CONSOLIDATED FARM AND RURAL DEVELOP-
MENT ACT.—Section 373(b)(2)(A)(ii) of the Consolidated 
Farm 
and 
Rural 
Development 
Act 
(7 
U.S.C. 
2008h(b)(2)(A)(ii)) is amended by striking ‘‘11, 12, or 
13’’ and inserting ‘‘10, 11, or 12’’. 
(c) CONSUMER CREDIT PROTECTION ACT.—Section 
303(b)(1)(B) of the Consumer Credit Protection Act (15 
U.S.C. 1673(b)(1)(B)) is amended by striking ‘‘any order 
of any court of bankruptcy under chapter XIII of the 
Bankruptcy Act’’ and inserting ‘‘any order of any court 
of the United States having jurisdiction over cases under 
title 11; and’’. 
(d) HIGHER EDUCATION ACT
OF 1965.—Section 
437(b) of the Higher Education Act of 1965 (20 U.S.C. 
1087(b)) is amended— 
(1) in paragraph (1), by striking ‘‘chapter 12 or 
13’’ and inserting ‘‘chapter 10 or 12’’; and 
(2) in paragraphs (2) and (3), by striking 
‘‘chapter 7 or 11’’ and inserting ‘‘chapter 10, 11, or 
12’’. 
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163 
(e) HOUSING
AND
COMMUNITY
DEVELOPMENT 
AMENDMENTS
OF 1978.—Section 201(l)(2)(C) of the 
Housing and Community Development Amendments of 
1978 (12 U.S.C. 1715z–1a(l)(2)(C)) is amended by strik-
ing ‘‘727, 1141, or 1328(b)’’ and inserting ‘‘1031, 1141, 
or 1192’’. 
(f) INTERNAL REVENUE CODE OF 1986.—The Inter-
nal Revenue Code of 1986 is amended— 
(1) in section 1398— 
(A) in subsection (a), by striking ‘‘chapter 
7 (relating to liquidation) or chapter 11 (relat-
ing to reorganizations)’’ and inserting ‘‘chapter 
10, chapter 11, or chapter 12’’; and 
(B) in subsection (b)(1), by striking ‘‘chap-
ter 7 or 11’’ and inserting ‘‘7, 10, or 12’’; 
(2) in section 6327— 
(A) by striking paragraph (4); and 
(B) by redesignating paragraph (5) and 
(6) as paragraphs (4) and (5), respectively; and 
(3) in section 7437— 
(A) by striking paragraph (4); and 
(B) by redesignating paragraphs (5), (6), 
(7), (8), and (9) as paragraphs (4), (5), (6), 
(7), and (8), respectively. 
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164 
(g) TITLE 28.—Title 28, United States Code, is 
amended— 
(1) in section 157(b)(2)— 
(A) in subparagraph (B), by striking 
‘‘chapter 11, 12, or 13’’ and inserting ‘‘chapter 
10, 11, or 12’’; 
(B) in subparagraph (O), by striking 
‘‘and’’; 
(C) in subparagraph (P), by striking the 
period at the end and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(Q) proceedings to enforce rights under 
sections 524 or 525 of title 11.’’; 
(2) in section 589b— 
(A) in subsection (a)(1), by striking ‘‘chap-
ters 7, 12, and 13’’ and inserting ‘‘chapters 7, 
10, and 12’’; and 
(B) in subsection (d)— 
(i) in the matter preceding paragraph 
(1), by striking ‘‘chapters 7, 12, and 13’’ 
and inserting ‘‘chapters 7, 10, and 12’’; 
(ii) in paragraph (5), by striking ‘‘, 
including for use under section 707(b), ac-
tual costs of administering cases under 
chapter 13 or chapter 11’’; and 
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(iii) in the matter following paragraph 
(8), by striking ‘‘chapters 12 and 13’’ and 
inserting ‘‘chapters 10 and 12’’; and 
(3) in section 3014(a)(1), by striking ‘‘section 
522(d)’’ and inserting ‘‘section 522(b)’’. 
(h) TITLE 38.—Section 3732(a)(2)(B) of title 38, 
United States Code, is amended by striking ‘‘1322(b)’’ 
and inserting ‘‘1022(b)’’. 
TITLE 
II—CONSUMER 
FINAN-
CIAL 
PROTECTION 
AMEND-
MENTS 
SEC. 201. AMENDMENTS TO THE CONSUMER FINANCIAL 
PROTECTION ACT OF 2010. 
(a) CONSUMER BANKRUPTCY OMBUDS.—The Con-
sumer Financial Protection Act of 2010 (12 U.S.C. 5481 
et seq.) is amended by inserting after section 1035 (12 
U.S.C. 5535) the following: 
‘‘SEC. 1035A. CONSUMER BANKRUPTCY OMBUDS. 
‘‘(a) ESTABLISHMENT.—The Director, in consulta-
tion with the Attorney General, shall designate a Con-
sumer Bankruptcy Ombuds (in this section referred to as 
the ‘Ombuds’) within the Bureau, to provide timely assist-
ance to individual debtors in bankruptcy. 
‘‘(b) PUBLIC INFORMATION.—The Director and the 
Attorney General and the bankruptcy clerks appointed 
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under section 156(b) of title 11, United States Code, shall 
disseminate information about the availability and func-
tions of the Ombuds to individual debtors in bankruptcy 
and consumer bankruptcy attorneys and consumer credit 
counseling agencies. 
‘‘(c) FUNCTIONS OF OMBUDS.—The Ombuds des-
ignated under this subsection shall— 
‘‘(1) in accordance with regulations of the Di-
rector, receive, review, and attempt to resolve infor-
mally complaints from individual debtors in bank-
ruptcy, including, as appropriate, attempts to resolve 
such complaints in collaboration with creditors, the 
United States Trustee Program of the Department 
of Justice, trustees in bankruptcy, the bankruptcy 
clerks appointed under section 156(b) of title 11, 
United States Code, and consumer privacy ombuds-
men and future claims representatives appointed in 
bankruptcy; 
‘‘(2) not later than 90 days after the date of 
enactment of this section, establish a memorandum 
of understanding with the Executive Office of the 
United States Trustee Program, to ensure coordina-
tion in providing assistance to and serving individual 
debtors in bankruptcy seeking to resolve complaints 
related to their bankruptcy cases; 
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‘‘(3) compile and analyze data on consumer 
bankruptcy filings, including on the causes of indi-
vidual bankruptcy filings, the relationship between 
consumer bankruptcy filings and consumer financial 
products and services, and any disparities in the 
bankruptcy system, including any disparities based 
on the demographic categories described in section 
159(a)(1) of title 28, United States Code; 
‘‘(4) compile and analyze data on complaints 
from individual debtors in bankruptcy; 
‘‘(5) make recommendations to the Director 
and the Attorney General regarding the filing of 
amicus curiae briefs and making appearances in in-
dividual bankruptcy cases, particularly in the cases 
involving repeat patterns of creditor behavior; 
‘‘(6) consult with the Director of the Adminis-
trative Office of the United States Courts regarding 
the duties of that officer under section 159 of title 
28, United States Code, regarding data collection 
and reporting; and 
‘‘(7) make other appropriate recommendations 
to the Director, the Attorney General, the Com-
mittee on Banking, Housing, and Urban Affairs and 
the Committee on the Judiciary of the Senate and 
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the Committee on Financial Services and the Com-
mittee on Judiciary of the House of Representatives. 
‘‘(d) ANNUAL REPORTS.— 
‘‘(1) IN GENERAL.—The Ombuds shall prepare 
an annual report that describes the activities, and 
evaluates the effectiveness of the Ombuds during the 
preceding year. 
‘‘(2) SUBMISSION.—The report required by 
paragraph (1) shall be submitted on the same date 
annually to the Attorney General, the Committee on 
Banking, Housing, and Urban Affairs and the Com-
mittee on the Judiciary of the Senate and the Com-
mittee on Financial Services and the Committee on 
the Judiciary of the House of Representatives.’’. 
(b) SUPERVISION OF HIGHER COST LENDERS.—Sec-
tion 1024(a)(1)(E) of the Consumer Financial Protection 
Act of 2010 (12 U.S.C. 5514(a)(1)(E)) is amended by 
striking ‘‘a payday loan’’ and inserting ‘‘a loan with an 
annual percentage rate of greater than 36 percent, as de-
termined under section 987(i)(4) of title 10, United States 
Code’’. 
(c) VIOLATIONS OF DISCHARGE INJUNCTION.—Sec-
tion 1036(a) of the Consumer Financial Protection Act 
of 2010 (12 U.S.C. 5536(a)), is amended— 
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