189
‘‘(A) 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 fil-
ing of the case was an abuse of the provisions of this 
title; or 
‘‘(B) the debtor owes a debt arising from—
‘‘(i) any violation of the Federal securities 
laws (as defined in section 3(a)(47) of the Secu-
rities Exchange Act of 1934), any State securi-
ties laws, or any regulation or order issued 
under Federal securities laws or State securities 
laws; 
‘‘(ii) fraud, deceit, or manipulation in a fi-
duciary capacity or in connection with the pur-
chase or sale of any security registered under 
section 12 or 15(d) of the Securities Exchange 
Act of 1934 or under section 6 of the Securities 
Act of 1933; 
‘‘(iii) any civil remedy under section 1964 
of title 18, United States Code; or 
‘‘(iv) 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.
190
‘‘(2) Paragraph (1) shall not apply to the extent the 
amount of an interest in property described in subpara-
graphs (A), (B), (C), and (D) of subsection (p)(1) is rea-
sonably necessary for the support of the debtor and any 
dependent of the debtor.’’. 
(b) ADJUSTMENT
OF DOLLAR AMOUNTS.—Para-
graphs (1) and (2) of section 104(b) of title 11, United 
States Code, as amended by section 224, are amended by 
inserting ‘‘522(p), 522(q),’’ after ‘‘522(n),’’.
SEC. 323. EXCLUDING EMPLOYEE BENEFIT PLAN PARTICI-
PANT CONTRIBUTIONS AND OTHER PROP-
ERTY FROM THE ESTATE. 
Section 541(b) of title 11, United States Code, as 
amended by section 225, is amended by adding at the end 
the following: 
‘‘(7) any amount—
‘‘(A) withheld by an employer from the 
wages of employees for payment as contribu-
tions to— 
‘‘(i) an employee benefit plan subject 
to title I of the Employee Retirement In-
come Security Act of 1974 or under an 
employee benefit plan which is a govern-
mental plan under section 414(d) of the 
Internal Revenue Code of 1986, a deferred
191
compensation plan under section 457 of 
the Internal Revenue Code of 1986, or a 
tax-deferred annuity under section 403(b) 
of the Internal Revenue Code of 1986, ex-
cept that such amount under this clause 
shall not constitute disposable income, as 
defined in section 1325(b)(2) of this title; 
or 
‘‘(ii) a health insurance plan regulated 
by State law whether or not subject to 
such title; or 
‘‘(B) received by the employer from em-
ployees for payment as contributions to— 
‘‘(i) an employee benefit plan subject 
to title I of the Employee Retirement In-
come Security Act of 1974 or under an 
employee benefit plan which is a govern-
mental plan under section 414(d) of the 
Internal Revenue Code of 1986, a deferred 
compensation plan under section 457 of 
the Internal Revenue Code of 1986, or a 
tax-deferred annuity under section 403(b) 
of the Internal Revenue Code of 1986, ex-
cept that such amount under this clause 
shall not constitute disposable income, as
192
defined in section 1325(b)(2) of this title; 
or 
‘‘(ii) a health insurance plan regulated 
by State law whether or not subject to 
such title;’’. 
SEC. 324. EXCLUSIVE JURISDICTION IN MATTERS INVOLV-
ING BANKRUPTCY PROFESSIONALS. 
(a) IN GENERAL.—Section 1334 of title 28, United 
States Code, is amended—
(1) 
in 
subsection 
(b), 
by 
striking 
‘‘Notwithstanding’’ and inserting ‘‘Except as pro-
vided in subsection (e)(2), and notwithstanding’’; 
and 
(2) by striking subsection (e) and inserting the 
following: 
‘‘(e) The district court in which a case under title 
11 is commenced or is pending shall have exclusive juris-
diction—
‘‘(1) of all the property, wherever located, of the 
debtor as of the date of commencement of such case, 
and of property of the estate; and 
‘‘(2) over all claims or causes of action that in-
volve construction of section 327 of title 11, United 
States Code, or rules relating to disclosure require-
ments under section 327.’’.
193
(b) APPLICABILITY.—This section shall only apply to 
cases filed after the date of enactment of this Act. 
SEC. 325. UNITED STATES TRUSTEE PROGRAM FILING FEE 
INCREASE. 
(a) ACTIONS UNDER CHAPTER 7 OR 13 OF TITLE 
11, UNITED STATES CODE.—Section 1930(a) of title 28, 
United States Code, is amended by striking paragraph (1) 
and inserting the following: 
‘‘(1) For a case commenced—
‘‘(A) under chapter 7 of title 11, $160; or 
‘‘(B) under chapter 13 of title 11, $150.’’. 
(b) UNITED STATES TRUSTEE SYSTEM FUND.—Sec-
tion 589a(b) of title 28, United States Code, is amended—
(1) by striking paragraph (1) and inserting the 
following: 
‘‘(1)(A) 40.63 percent of the fees collected 
under section 1930(a)(1)(A) of this title in cases 
commenced under chapter 7 of title 11; and 
‘‘(B) 70.00 percent of the fees collected under 
section 1930(a)(1)(B) of this title in cases com-
menced under chapter 13 of title 11;’’; 
(2) in paragraph (2), by striking ‘‘one-half’’ 
and inserting ‘‘three-fourths’’; and 
(3) in paragraph (4), by striking ‘‘one-half’’ 
and inserting ‘‘100 percent’’.