‘‘(i) in the case of a debtor in a household of 
1 person, the median family income of the applicable 
State for 1 earner; 
‘‘(ii) in the case of a debtor in a household of 
2, 3, or 4 individuals, the highest median family in-
come of the applicable State for a family of the same 
number or fewer individuals; or 
‘‘(iii) in the case of a debtor in a household ex-
ceeding 4 individuals, the highest median family in-
come of the applicable State for a family of 4 or 
fewer individuals , plus $525 per month for each in-
dividual in excess of 4. 
‘‘(B) In a case that is not a joint case, current month-
ly income of the debtor’s spouse shall not be considered 
for purposes of subparagraph (A) if—
‘‘(i)(I) the debtor and the debtor’s spouse are 
separated under applicable nonbankruptcy law; or 
‘‘(II) the debtor and the debtor’s spouse are liv-
ing separate and apart, other than for the purpose 
of evading subparagraph (A); and 
‘‘(ii) the debtor files a statement under penalty 
of perjury—
‘‘(I) specifying that the debtor meets the 
requirement of subclause (I) or (II) of clause 
(i); and
‘‘(II) disclosing the aggregate, or best esti-
mate of the aggregate, amount of any cash or 
money payments received from the debtor’s 
spouse attributed to the debtor’s current 
monthly income.’’.
(b) DEFINITION.—Section 101 of title 11, United 
States Code, is amended by inserting after paragraph (10) 
the following: 
‘‘(10A) ‘current monthly income’—
‘‘(A) means the average monthly 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 income, derived during the 6-month 
period ending on—
‘‘(i) the last day of the calendar 
month immediately preceding the date of 
the commencement of the case if the debt-
or files the schedule of current income re-
quired by section 521(a)(1)(B)(ii); or 
‘‘(ii) the date on which current income 
is determined by the court for purposes of 
this title if the debtor does not file the 
schedule of current income required by sec-
tion 521(a)(1)(B)(ii); and
‘‘(B) includes any amount paid by any en-
tity other than the debtor (or in a joint case the 
debtor and the debtor’s spouse), on a regular 
basis for the household expenses of the debtor 
or the debtor’s dependents (and in a joint case 
the debtor’s spouse if not otherwise a depend-
ent), but excludes benefits received under the 
Social Security Act, payments to victims of war 
crimes or crimes against humanity on account 
of their status as victims of such crimes, and 
payments to victims of international terrorism 
(as defined in section 2331 of title 18) or do-
mestic terrorism (as defined in section 2331 of 
title 18) on account of their status as victims 
of such terrorism;’’. 
(c) UNITED STATES TRUSTEE AND BANKRUPTCY 
ADMINISTRATOR DUTIES.—Section 704 of title 11, United 
States Code, is amended—
(1) by inserting ‘‘(a)’’ before ‘‘The trustee 
shall—’’; and 
(2) by adding at the end the following: 
‘‘(b)(1) With respect to a debtor who is an individual 
in a case under this chapter—
‘‘(A) the United States trustee or bankruptcy 
administrator shall review all materials filed by the
debtor and, not later than 10 days after the date of 
the first meeting of creditors, file with the court a 
statement as to whether the debtor’s case would be 
presumed to be an abuse under section 707(b); and 
‘‘(B) not later than 5 days after receiving a 
statement under subparagraph (A), the court shall 
provide a copy of the statement to all creditors. 
‘‘(2) The United States trustee or bankruptcy admin-
istrator shall, not later than 30 days after the date of fil-
ing a statement under paragraph (1), either file a motion 
to dismiss or convert under section 707(b) or file a state-
ment setting forth the reasons the United States trustee 
or bankruptcy administrator does not believe that such a 
motion would be appropriate, if the United States trustee 
or bankruptcy administrator determines that the debtor’s 
case should be presumed to be an abuse under section 
707(b) and the product of the debtor’s current monthly 
income, multiplied by 12 is not less than—
‘‘(A) in the case of a debtor in a household of 
1 person, the median family income of the applicable 
State for 1 earner; or 
‘‘(B) in the case of a debtor in a household of 
2 or more individuals, the highest median family in-
come of the applicable State for a family of the same 
number or fewer individuals .’’.
(d) NOTICE.—Section 342 of title 11, United States 
Code, is amended by adding at the end the following: 
‘‘(d) In a case under chapter 7 of this title in which 
the debtor is an individual and in which the presumption 
of abuse is triggered under section 707(b), the clerk shall 
give written notice to all creditors not later than 10 days 
after the date of the filing of the petition that the pre-
sumption of abuse has been triggered.’’. 
(e) NONLIMITATION OF INFORMATION.—Nothing in 
this title shall limit the ability of a creditor to provide in-
formation to a judge (except for information commu-
nicated ex parte, unless otherwise permitted by applicable 
law), United States trustee, bankruptcy administrator or 
trustee. 
(f) DISMISSAL FOR CERTAIN CRIMES.—Section 707 
of title 11, United States Code, is amended by adding at 
the end the following: 
‘‘(c)(1) In this subsection—
‘‘(A) the term ‘crime of violence’ has the mean-
ing given such term in section 16 of title 18; and 
‘‘(B) the term ‘drug trafficking crime’ has the 
meaning given such term in section 924(c)(2) of title 
18. 
‘‘(2) Except as provided in paragraph (3), after no-
tice and a hearing, the court, on a motion by the victim
of a crime of violence or a drug trafficking crime, may 
when it is in the best interest of the victim dismiss a vol-
untary case filed under this chapter by a debtor who is 
an individual if such individual was convicted of such 
crime. 
‘‘(3) The court may not dismiss a case under para-
graph (2) if the debtor establishes by a preponderance of 
the evidence that the filing of a case under this chapter 
is necessary to satisfy a claim for a domestic support obli-
gation.’’. 
(g) CONFIRMATION OF PLAN.—Section 1325(a) of 
title 11, United States Code, is amended—
(1) in paragraph (5), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (6), by striking the period and 
inserting a semicolon; and 
(3) by inserting after paragraph (6) the fol-
lowing: 
‘‘(7) the action of the debtor in filing the peti-
tion was in good faith;’’. 
(h) APPLICABILITY OF MEANS TEST TO CHAPTER 
13.—Section 1325(b) of title 11, United States Code, is 
amended—
(1) in paragraph (1)(B), by inserting ‘‘to unse-
cured creditors’’ after ‘‘to make payments’’; and
‘‘(4) reduce amounts to be paid under the plan 
by the actual amount expended by the debtor to pur-
chase health insurance for the debtor (and for any 
dependent of the debtor if such dependent does not 
otherwise have health insurance coverage) if the 
debtor documents the cost of such insurance and 
demonstrates that—
‘‘(A) such expenses are reasonable and 
necessary; 
‘‘(B)(i) if the debtor previously paid for 
health insurance, the amount is not materially 
larger than the cost the debtor previously paid 
or the cost necessary to maintain the lapsed 
policy; or 
‘‘(ii) if the debtor did not have health in-
surance, the amount is not materially larger 
than the reasonable cost that would be incurred 
by a debtor who purchases health insurance, 
who has similar income, expenses, age, and 
health status, and who lives in the same geo-
graphical location with the same number of de-
pendents who do not otherwise have health in-
surance coverage; and
‘‘(C) the amount is not otherwise allowed 
for purposes of determining disposable income 
under section 1325(b) of this title; 
and upon request of any party in interest, files proof 
that a health insurance policy was purchased.’’.
(j) ADJUSTMENT
OF DOLLAR AMOUNTS.—Section 
104(b) of title 11, United States Code, is amended by 
striking ‘‘and 523(a)(2)(C)’’ each place it appears and in-
serting ‘‘523(a)(2)(C), 707(b), and 1325(b)(3)’’.
(k) DEFINITION OF ‘MEDIAN FAMILY INCOME’.—
Section 101 of title 11, United States Code, is amended 
by inserting after paragraph (39) the following: 
‘‘(39A) ‘median family income’ means for any 
year—
‘‘(A) the median family income both cal-
culated and reported by the Bureau of the Cen-
sus in the then most recent year; and 
‘‘(B) if not so calculated and reported in 
the then current year, adjusted annually after 
such most recent year until the next year in 
which median family income is both calculated 
and reported by the Bureau of the Census, to 
reflect the percentage change in the Consumer 
Price Index for All Urban Consumers during
the period of years occurring after such most 
recent year and before such current year;’’. 
(k) CLERICAL 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 or conversion to a case under chapter 11 or 13.’’.
SEC. 103. SENSE OF CONGRESS AND STUDY. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Secretary of the Treasury has the authority 
to alter the Internal Revenue Service standards estab-
lished to set guidelines for repayment plans as needed to 
accommodate their use under section 707(b) of title 11, 
United States Code. 
(b) STUDY.—
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, the Director of 
the Executive Office for United States Trustees shall 
submit a report to the Committee on the Judiciary 
of the Senate and the Committee on the Judiciary 
of the House of Representatives containing the find-
ings of the Director regarding the utilization of In-
ternal Revenue Service standards for determining—
(A) the current monthly expenses of a 
debtor under section 707(b) of title 11, United 
States Code; and
(B) the impact that the application of such 
standards has had on debtors and on the bank-
ruptcy courts. 
(2) RECOMMENDATION.—The report under 
paragraph (1) may include recommendations for 
amendments to title 11, United States Code, that 
are consistent with the findings of the Director 
under paragraph (1). 
SEC. 104. NOTICE OF ALTERNATIVES. 
Section 342(b) of title 11, United States Code, is 
amended to read as follows: 
‘‘(b) Before the commencement of a case under this 
title by an individual whose debts are primarily consumer 
debts, the clerk shall give to such individual written notice 
containing—
‘‘(1) a brief description of—
‘‘(A) chapters 7, 11, 12, and 13 and the 
general purpose, benefits, and costs of pro-
ceeding under each of those chapters; and 
‘‘(B) the types of services available from 
credit counseling agencies; and 
‘‘(2) statements specifying that—
‘‘(A) a person who knowingly and fraudu-
lently conceals assets or makes a false oath or 
statement under penalty of perjury in connec-
tion with a bankruptcy case shall be subject to 
fine, imprisonment, or both; and 
‘‘(B) all information supplied by a debtor 
in connection with a bankruptcy case is subject 
to examination by the Attorney General.’’. 
SEC. 105. DEBTOR FINANCIAL MANAGEMENT TRAINING 
TEST PROGRAM. 
(a) DEVELOPMENT
OF FINANCIAL MANAGEMENT 
AND TRAINING CURRICULUM AND MATERIALS.—The Di-
rector of the Executive Office for United States Trustees 
(in this section referred to as the ‘‘Director’’) shall consult 
with a wide range of individuals who are experts in the 
field of debtor education, including trustees who serve in 
cases under chapter 13 of title 11, United States Code, 
and who operate financial management education pro-
grams for debtors, and shall develop a financial manage-
ment training curriculum and materials that can be used 
to educate debtors who are individuals on how to better 
manage their finances. 
(b) TEST.—
(1) SELECTION OF DISTRICTS.—The Director 
shall select 6 judicial districts of the United States 
in which to test the effectiveness of the financial 
management training curriculum and materials de-
veloped under subsection (a).
(2) USE.—For an 18-month period beginning 
not later than 270 days after the date of enactment 
of this Act, such curriculum and materials shall be, 
for the 6 judicial districts selected under paragraph 
(1), used as the instructional course concerning per-
sonal financial management for purposes of section 
111 of title 11, United States Code. 
(c) EVALUATION.—
(1) IN GENERAL.—During the 18-month period 
referred to in subsection (b), the Director shall 
evaluate the effectiveness of—
(A) the financial management training cur-
riculum and materials developed under sub-
section (a); and 
(B) a sample of existing consumer edu-
cation programs such as those described in the 
Report of the National Bankruptcy Review 
Commission (October 20, 1997) that are rep-
resentative of consumer education programs 
carried out by the credit industry, by trustees 
serving under chapter 13 of title 11, United 
States Code, and by consumer counseling 
groups. 
(2) REPORT.—Not later than 3 months after 
concluding such evaluation, the Director shall sub-
mit a report to the Speaker of the House of Rep-
resentatives and the President pro tempore of the 
Senate, for referral to the appropriate committees of 
the Congress, containing the findings of the Director 
regarding the effectiveness of such curriculum, such 
materials, and such programs and their costs. 
SEC. 106. CREDIT COUNSELING. 
(a) WHO MAY BE A DEBTOR.—Section 109 of title 
11, United States Code, is amended by adding at the end 
the following: 
‘‘(h)(1) Subject to paragraphs (2) and (3), and not-
withstanding any other provision of this section, an indi-
vidual may not be a debtor under this title unless that 
individual has, during the 180-day period preceding the 
date of filing of the petition of that individual, received 
from an approved nonprofit budget and credit counseling 
agency described in section 111(a) an individual or group 
briefing (including a briefing conducted by telephone or 
on the Internet) that outlined the opportunities for avail-
able credit counseling and assisted that individual in per-
forming a related budget analysis. 
‘‘(2)(A) Paragraph (1) shall not apply with respect 
to a debtor who resides in a district for which the United 
States trustee or bankruptcy administrator of the bank-
ruptcy court of that district determines that the approved
nonprofit budget and credit counseling agencies for that 
district are not reasonably able to provide adequate serv-
ices to the additional individuals who would otherwise seek 
credit counseling from that agency by reason of the re-
quirements of paragraph (1). 
‘‘(B) Each United States trustee or bankruptcy ad-
ministrator that makes a determination described in sub-
paragraph (A) shall review that determination not later 
than 1 year after the date of that determination, and not 
less frequently than every year thereafter. Notwith-
standing the preceding sentence, a nonprofit budget and 
credit counseling agency may be disapproved by the 
United States trustee or bankruptcy administrator at any 
time. 
‘‘(3)(A) Subject to subparagraph (B), the require-
ments of paragraph (1) shall not apply with respect to 
a debtor who submits to the court a certification that—
‘‘(i) describes exigent circumstances that merit 
a waiver of the requirements of paragraph (1); 
‘‘(ii) states that the debtor requested credit 
counseling services from an approved nonprofit 
budget and credit counseling agency, but was unable 
to obtain the services referred to in paragraph (1) 
during the 5-day period beginning on the date on 
which the debtor made that request; and
‘‘(iii) is satisfactory to the court. 
‘‘(B) With respect to a debtor, an exemption under 
subparagraph (A) shall cease to apply to that debtor on 
the date on which the debtor meets the requirements of 
paragraph (1), but in no case may the exemption apply 
to that debtor after the date that is 30 days after the debt-
or files a petition, except that the court, for cause, may 
order an additional 15 days.’’.
(b) CHAPTER 7 DISCHARGE.—Section 727(a) of title 
11, United States Code, is amended—
(1) in paragraph (9), by striking ‘‘or’’ at the 
end; 
(2) in paragraph (10), by striking the period 
and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(11) after the filing of the petition, the debtor 
failed to complete an instructional course concerning 
personal financial management described in section 
111, except that this paragraph shall not apply with 
respect to a debtor who resides in a district for 
which the United States trustee or bankruptcy ad-
ministrator of such district determines that the ap-
proved instructional courses are not adequate to 
service the additional individuals required to com-
plete such instructional courses under this section
(Each United States trustee or bankruptcy adminis-
trator who makes a determination described in this 
paragraph shall review such determination not later 
than 1 year after the date of such determination, 
and not less frequently than annually thereafter.).’’. 
(c) CHAPTER 13 DISCHARGE.—Section 1328 of title 
11, United States Code, is amended by adding at the end 
the following: 
‘‘(g)(1) The court shall not grant a discharge under 
this section to a debtor unless after filing a petition the 
debtor has completed an instructional course concerning 
personal financial management described in section 111. 
‘‘(2) Paragraph (1) shall not apply with respect to 
a debtor who resides in a district for which the United 
States trustee or bankruptcy administrator of such district 
determines that the approved instructional courses are not 
adequate to service the additional individuals who would 
be required to complete such instructional course by rea-
son of the requirements of this section. 
‘‘(3) Each United States trustee or bankruptcy ad-
ministrator who makes a determination described in para-
graph (2) shall review such determination not later than 
1 year after the date of such determination, and not less 
frequently than annually thereafter.’’.
(c) CHAPTER 13 DISCHARGE.—Section 1328 of title 
11, United States Code, is amended by adding at the end 
the following: 
‘‘(g) The court shall not grant a discharge under this 
section to a debtor, unless after filing a petition the debtor 
has completed an instructional course concerning personal 
financial management described in section 111. 
‘‘(h) Subsection (g) shall not apply with respect to 
a debtor who resides in a district for which the United 
States trustee or bankruptcy administrator of the bank-
ruptcy court of that district determines that the approved 
instructional courses are not adequate to service the addi-
tional individuals who would be required to complete the 
instructional course by reason of the requirements of this 
section. 
‘‘(i) Each United States trustee or bankruptcy ad-
ministrator that makes a determination described in sub-
section (h) shall review that determination not later than 
1 year after the date of that determination, and not less 
frequently than every year thereafter.’’. 
(d) DEBTOR’S DUTIES.—Section 521 of title 11, 
United States Code, is amended—
(1) by inserting ‘‘(a)’’ before ‘‘The debtor 
shall—’’; and 
(2) by adding at the end the following:
‘‘(b) In addition to the requirements under subsection 
(a), a debtor who is an individual shall file with the 
court—
‘‘(1) a certificate from the approved nonprofit 
budget and credit counseling agency that provided 
the debtor services under section 109(h) describing 
the services provided to the debtor; and 
‘‘(2) a copy of the debt repayment plan, if any, 
developed under section 109(h) through the ap-
proved nonprofit budget and credit counseling agen-
cy referred to in paragraph (1).’’. 
(e) GENERAL PROVISIONS.—
(1) IN GENERAL.—Chapter 1 of title 11, United 
States Code, is amended by adding at the end the 
following: 
‘‘§ 111. Credit counseling agencies; financial manage-
ment instructional courses 
‘‘(a) The clerk shall maintain a publicly available list 
of—
‘‘(1) credit counseling agencies that provide 1 
or more programs described in section 109(h) cur-
rently approved by the United States trustee or the 
bankruptcy administrator for the district, as applica-
ble; and
‘‘(2) instructional courses concerning personal 
financial management currently approved by the 
United States trustee or the bankruptcy adminis-
trator for the district, as applicable. 
‘‘(b) The United States trustee or bankruptcy admin-
istrator shall only approve a credit counseling agency or 
instructional course concerning personal financial manage-
ment as follows: 
‘‘(1) The United States trustee or bankruptcy 
administrator shall have thoroughly reviewed the 
qualifications of the credit counseling agency or of 
the provider of the instructional course under the 
standards set forth in this section, and the programs 
or instructional courses which will be offered by such 
agency or provider, and may require an agency or 
provider of an instructional course which has sought 
approval to provide information with respect to such 
review. 
‘‘(2) The United States trustee or bankruptcy 
administrator shall have determined that the credit 
counseling agency or instructional course fully satis-
fies the applicable standards set forth in this section. 
‘‘(3) When an agency or instructional course is 
initially approved, such approval shall be for a pro-
bationary period not to exceed 6 months. An agency
or instructional course is initially approved if it did 
not appear on the approved list for the district 
under subsection (a) immediately prior to approval. 
‘‘(4) At the conclusion of the probationary pe-
riod under paragraph (3), the United States trustee 
or bankruptcy administrator may only approve for 
an additional 1-year period, and for successive 1-
year periods thereafter, any agency or instructional 
course which has demonstrated during the proba-
tionary or subsequent period that such agency or in-
structional course—
‘‘(A) has met the standards set forth under 
this section during such period; and 
‘‘(B) can satisfy such standards in the fu-
ture. 
‘‘(5) Not later than 30 days after any final de-
cision under paragraph (4), that occurs either after 
the expiration of the initial probationary period, or 
after any 2-year period thereafter, an interested per-
son may seek judicial review of such decision in the 
appropriate district court of the United States. 
‘‘(c)(1) The United States trustee or bankruptcy ad-
ministrator shall only approve a credit counseling agency 
that demonstrates that it will provide qualified counselors, 
maintain adequate provision for safekeeping and payment
of client funds, provide adequate counseling with respect 
to client credit problems, and deal responsibly and effec-
tively with other matters as relate to the quality, effective-
ness, and financial security of such programs. 
‘‘(2) To be approved by the United States trustee or 
bankruptcy administrator, a credit counseling agency 
shall, at a minimum—
‘‘(A) be a nonprofit budget and credit coun-
seling agency, the majority of the board of directors 
of which— 
‘‘(i) are not employed by the agency; and 
‘‘(ii) will not directly or indirectly benefit 
financially from the outcome of a credit coun-
seling session; 
‘‘(B) if a fee is charged for counseling services, 
charge a reasonable fee, and provide services without 
regard to ability to pay the fee; 
‘‘(C) provide for safekeeping and payment of 
client funds, including an annual audit of the trust 
accounts and appropriate employee bonding; 
‘‘(D) provide full disclosures to clients, includ-
ing funding sources, counselor qualifications, pos-
sible impact on credit reports, and any costs of such 
program that will be paid by the debtor and how 
such costs will be paid;
‘‘(E) provide adequate counseling with respect 
to client credit problems that includes an analysis of 
their current situation, what brought them to that 
financial status, and how they can develop a plan to 
handle the problem without incurring negative amor-
tization of their debts; 
‘‘(F) provide trained counselors who receive no 
commissions or bonuses based on the counseling ses-
sion outcome, and who have adequate experience, 
and have been adequately trained to provide coun-
seling services to individuals in financial difficulty, 
including the matters described in subparagraph 
(E); 
‘‘(G) demonstrate adequate experience and 
background in providing credit counseling; and 
‘‘(H) have adequate financial resources to pro-
vide continuing support services for budgeting plans 
over the life of any repayment plan. 
‘‘(d) The United States trustee or bankruptcy admin-
istrator shall only approve an instructional course con-
cerning personal financial management—
‘‘(1) for an initial probationary period under 
subsection (b)(3) if the course will provide at a min-
imum—
‘‘(A) trained personnel with adequate expe-
rience and training in providing effective in-
struction and services; 
‘‘(B) learning materials and teaching 
methodologies designed to assist debtors in un-
derstanding personal financial management and 
that are consistent with stated objectives di-
rectly related to the goals of such instructional 
course; 
‘‘(C) adequate facilities situated in reason-
ably convenient locations at which such instruc-
tional course is offered, except that such facili-
ties may include the provision of such instruc-
tional course or program by telephone or 
through the Internet, if such instructional 
course or program is effective; and 
‘‘(D) the preparation and retention of rea-
sonable records (which shall include the debt-
or’s bankruptcy case number) to permit evalua-
tion of the effectiveness of such instructional 
course or program, including any evaluation of 
satisfaction of instructional course or program 
requirements for each debtor attending such in-
structional course or program, which shall be 
available for inspection and evaluation by the
Executive Office for United States Trustees, 
the United States trustee, bankruptcy adminis-
trator, or chief bankruptcy judge for the district 
in which such instructional course or program 
is offered; and 
‘‘(2) for any 1-year period if the provider there-
of has demonstrated that the course meets the 
standards of paragraph (1) and, in addition—
‘‘(A) has been effective in assisting a sub-
stantial number of debtors to understand per-
sonal financial management; and 
‘‘(B) is otherwise likely to increase sub-
stantially debtor understanding of personal fi-
nancial management. 
‘‘(e) The district court may, at any time, investigate 
the qualifications of a credit counseling agency referred 
to in subsection (a), and request production of documents 
to ensure the integrity and effectiveness of such credit 
counseling agencies. The district court may, at any time, 
remove from the approved list under subsection (a) a cred-
it counseling agency upon finding such agency does not 
meet the qualifications of subsection (b). 
‘‘(f) The United States trustee or bankruptcy admin-
istrator shall notify the clerk that a credit counseling 
agency or an instructional course is no longer approved,
in which case the clerk shall remove it from the list main-
tained under subsection (a). 
‘‘(g)(1) No credit counseling agency may provide to 
a credit reporting agency information concerning whether 
a debtor who has received or sought instruction concerning 
personal financial management from the credit counseling 
agency. 
‘‘(2) A credit counseling agency that willfully or neg-
ligently fails to comply with any requirement under this 
title with respect to a debtor shall be liable for damages 
in an amount equal to the sum of—
‘‘(A) any actual damages sustained by the debt-
or as a result of the violation; and 
‘‘(B) any court costs or reasonable attorneys’ 
fees (as determined by the court) incurred in an ac-
tion to recover those damages.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for chapter 1 of title 11, United States Code, 
is amended by adding at the end the following:
‘‘111. Credit counseling agencies; financial management instructional courses.’’.
(f) LIMITATION.—Section 362 of title 11, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(i) If a case commenced under chapter 7, 11, or 13 
is dismissed due to the creation of a debt repayment plan, 
for purposes of subsection (c)(3), any subsequent case