Sec. 102. Adequate income shall be committed to a plan that pays unsecured
creditors.
Sec. 103. Definition of inappropriate use.
Subtitle B—Adequate Protections for Consumers
Sec. 111. Notice of alternatives.
Sec. 112. Debtor financial management training test program.
Sec. 113. Definitions.
Sec. 114. Disclosures.
Sec. 115. Debtor’s bill of rights.
Sec. 116. Enforcement.
Subtitle C—Adequate Protections for Secured Lenders
Sec. 121. Discouraging bad faith repeat filings.
Sec. 122. Definitions of household goods and antiques.
Sec. 123. Debtor retention of personal property security.
Sec. 124. Relief from stay when the debtor does not complete intended surren-
der of consumer debt collateral.
Sec. 125. Giving secured creditors fair treatment in chapter 13.
Sec. 126. Prompt relief from stay in individual cases.
Sec. 127. Stopping abusive conversions from chapter 13.
Sec. 128. Restraining abusive purchases on secured credit.
Sec. 129. Fair valuation of collateral.
Sec. 130. Protection of holders of claims secured by debtor’s principal resi-
dence.
Subtitle D—Adequate Protections for Unsecured Lenders
Sec. 141. Debts incurred to pay nondischargeable debts.
Sec. 142. Credit extensions on the eve of bankruptcy presumed nondischarge-
able.
Sec. 143. Fraudulent debts are nondischargeable in chapter 13 cases.
Sec. 144. Applying the codebtor stay only when it protects the debtor.
Sec. 145. Credit extensions without a reasonable expectation of repayment
made nondischargeable.
Subtitle E—Adequate Protections for Lessors
Sec. 161. Giving debtors the ability to keep leased personal property by as-
sumption.
Sec. 162. Adequate protection of lessors and purchase money secured creditors.
Sec. 163. Adequate protection for lessors.
Subtitle F—Bankruptcy Relief Less Frequently Available for Repeat Filers
Sec. 171. Extend period between bankruptcy discharges.
Subtitle G—Exemptions
Sec. 181. Exemptions.
TITLE II—BUSINESS BANKRUPTCY PROVISIONS
Subtitle A—General Provisions
Sec. 201. Limitation relating to the use of fee examiners.
Sec. 202. Sharing of compensation.
Sec. 203. Chapter 12 made permanent law.
Sec. 204. Meetings of creditors and equity security holders.
Sec. 205. Creditors’ and equity security holders’ committees.
Sec. 206. Postpetition disclosure and solicitation.
Sec. 207. Preferences.
Sec. 208. Venue of certain proceedings.
Sec. 209. Setting a date certain for trustees to accept or reject unexpired leases
on nonresidential real property.
Subtitle B—Specific Provisions
CHAPTER 1—SMALL BUSINESS BANKRUPTCY
Sec. 231. Definitions.
Sec. 232. Flexible rules for disclosure statement and plan.
Sec. 233. Standard form disclosure statements and plans.
Sec. 234. Uniform national reporting requirements.
Sec. 235. Uniform reporting rules and forms.
Sec. 236. Duties in small business cases.
Sec. 237. Plan filing and confirmation deadlines.
Sec. 238. Plan confirmation deadline.
Sec. 239. Prohibition against extension of time.
Sec. 240. Duties of the United States trustee and bankruptcy administrator.
Sec. 241. Scheduling conferences.
Sec. 242. Serial filer provisions.
Sec. 243. Expanded grounds for dismissal or conversion and appointment of
trustee.
CHAPTER 2—SINGLE ASSET REAL ESTATE
Sec. 251. Single asset real estate defined.
Sec. 252. Plan confirmation.
Sec. 253. Payment of interest.
TITLE III—MUNICIPAL BANKRUPTCY PROVISIONS
Sec. 301. Petition and proceedings related to petition.
TITLE IV—BANKRUPTCY ADMINISTRATION
Subtitle A—General Provisions
Sec. 401. Adequate preparation time for creditors before the first meeting of
creditors in individual cases.
Sec. 402. Creditor representation at first meeting of creditors.
Sec. 403. Filing proofs of claim.
Sec. 404. Audit procedures.
Sec. 405. Giving creditors fair notice in chapter 7 and 13 cases.
Sec. 406. Timely filing and confirmation of plans in chapter 13.
Sec. 407. Debtor to provide tax returns and other information.
Sec. 408. Dismissal for failure to file schedules timely or provide required infor-
mation.
Sec. 409. Adequate time to prepare for hearing on confirmation of the plan.
Sec. 410. Chapter 13 plans to have a 5-year duration in certain cases.
Sec. 411. Sense of the Congress regarding expansion of rule 9011 of the Fed-
eral Rules of Bankruptcy Procedure.
Sec. 412. Jurisdiction of courts of appeals.
Subtitle B—Data Provisions
Sec. 441. Improved bankruptcy statistics.
Sec. 442. Bankruptcy data.
Sec. 443. Sense of the Congress regarding availability of bankruptcy data.
TITLE V—TAX PROVISIONS
Sec. 501. Treatment of certain liens.
Sec. 502. Enforcement of child and spousal support.
Sec. 503. Effective notice to government.
Sec. 504. Notice of request for a determination of taxes.
Sec. 505. Rate of interest on tax claims.
Sec. 506. Tolling of priority of tax claim time periods.
Sec. 507. Assessment defined.
Sec. 508. Chapter 13 discharge of fraudulent and other taxes.
Sec. 509. Chapter 11 discharge of fraudulent taxes.
Sec. 510. The stay of proceedings in tax court.
Sec. 511. Periodic payment of taxes in chapter 11 cases.
Sec. 512. The avoidance of statutory tax liens prohibited.
Sec. 513. Course of business payment of taxes.
Sec. 514. Tardily filed priority tax claims.
Sec. 515. Income tax returns prepared by tax authorities.
Sec. 516. The discharge of the estate’s liability for unpaid taxes.
Sec. 517. Requirement to file tax returns to confirm chapter 13 plans.
Sec. 518. Standards for tax disclosure.
Sec. 519. Setoff of tax refunds.
TITLE VI—MISCELLANEOUS
Sec. 601. Technical amendments.
Sec. 602. Effective date; application of amendments.
TITLE I—CONSUMER
BANKRUPTCY PROVISIONS
Subtitle A—Needs-Based
Bankruptcy
SEC. 101. NEEDS-BASED BANKRUPTCY.
Title 11, United States Code, is amended—
(1) in section 101 as follows:
(A) by inserting after paragraph (10) the
following:
‘‘(10A) ‘current monthly total income’ means
the average monthly income from all sources derived
which the debtor, or in a joint case, the debtor and
the debtor’s spouse, receive without regard to wheth-
er it is taxable income, in the six months preceding
the date of determination, and includes any amount
paid by anyone other than the debtor or, in a joint
case, the debtor and the debtor’s spouse on a regular
basis to the household expenses of the debtor or the
debtor’s dependents and, in a joint case, the debtor’s
spouse if not otherwise a dependent;’’; and
(B) by inserting after paragraph (40) the
following:
‘‘(40A) ‘national median family income’ and
‘national median household income for one earner’
shall mean during any calendar year, the national
median family income and the national median
household income for one earner which the Bureau
of the Census has reported as of January 1 of such
calendar year for the most recent previous calendar
year.’’;
(2) in section 104(b)(1) by striking ‘‘109(e)’’
and inserting ‘‘subsections (b), (e), and (h) of sec-
tion 109’’;
(3) in section 109(b)—
(A) in paragraph (2) by striking ‘‘or’’ at
the end;
(B) in paragraph (3) by striking the period
and inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(4) an individual or, in a joint case, an indi-
vidual and such individual’s spouse, who have in-
come available to pay creditors as determined under
subsection (h).’’;
(4) by adding at the end of section 109 the fol-
lowing:
‘‘(h)(1) An individual or, in a joint case, an individual
and such individual’s spouse, have income available to pay
creditors if the individual, or, in a joint case, the individual
and the individual’s spouse combined, as of the date of
the order for relief, have—
‘‘(A) current monthly total income of 75 per-
cent of the national median family income for a fam-
ily of equal size or, in the case of a household of one
person, 75 percent of the national median household
income for one earner, or more as of the date of the
order for relief;
‘‘(B) projected monthly net income greater than
$50; and
‘‘(C) projected monthly net income sufficient to
repay twenty percent or more of unsecured nonprior-
ity claims during a five-year repayment plan.
‘‘(2) Projected monthly net income shall be sufficient
under paragraph (1)(C) if, when multiplied by 60 months,
it equals or exceeds 20 percent of the total amount sched-
uled as payable to unsecured nonpriority creditors.
‘‘(3) ‘Projected monthly net income’ means current
monthly total income less—
‘‘(A) the expense allowances under the applica-
ble National Standards, Local Standards and Other
Necessary Expenses allowance (excluding payments
for debts) for the debtor, the debtor’s dependents,
and, in a joint case, the debtor’s spouse if not other-
wise a dependent, in the area in which the debtor re-
sides as determined under the Internal Revenue
Service financial analysis for expenses in effect as of
the date of the order for relief;
‘‘(B) the average monthly payment on account
of secured creditors, which shall be calculated as the
total of all amounts scheduled as contractually pay-
able to secured creditors in each month of the 60
months following the date of the petition by the
debtor, or, in a joint case, by the debtor and the
debtor’s spouse combined, and dividing that total by
60 months; and
‘‘(C) the average monthly payment on account
of priority creditors, which shall be calculated as the
total amount of debts entitled to priority, reasonably
estimated by the debtor as of the date of the peti-
tion, and dividing that total by 60 months.
‘‘(4) In the event that the debtor establishes extraor-
dinary circumstances that require allowance for additional
expenses, projected monthly net income for purposes of
this section shall be the amount calculated under para-
graph (3) less such additional expenses as such extraor-
dinary circumstances require.
‘‘(A) This paragraph shall not apply unless the
debtor files with the petition—
‘‘(i) a written statement that this para-
graph applies in determining the debtor’s eligi-
bility for relief under chapter 7 of this title;
‘‘(ii) a list itemizing each additional ex-
pense which exceeds the expenses allowances
provided under paragraph (3)(A);
‘‘(iii) a detailed description of the extraor-
dinary circumstances which explain why each of
the additional expenses itemized under subpara-
graph (II) requires allowance; and
‘‘(iv) a sworn statement signed by the
debtor and, if the debtor is represented by
counsel, by the debtor’s attorney, that the infor-
mation required under this paragraph is true
and correct.
‘‘(B) Until the trustee or any party in interest
objects to the debtor’s statement that this paragraph
applies and the court rejects or modifies the debtor’s
statement, the projected monthly net income in the
debtor’s statement shall be the projected monthly
net income for the purposes of this section. If an ob-
jection is filed with the court within 60 days after
the debtor has provided all the information required
under subsections (a)(1) and (c)(1)(A) of section
521, the court, after notice and hearing, shall deter-
mine whether such extraordinary circumstances exist
and shall establish the amount of the additional ex-
pense allowance, if any. The burden of proving such
extraordinary circumstances shall be on the debtor.’’;
(5) in section 704—
(A) by striking ‘‘and’’ at the end of para-
graph (8);
(B) by striking the period at the end of
paragraph (9) and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(10) with respect to an individual debtor, re-
view all materials provided by the debtor under sub-
sections (a)(1) and (c)(1) of section 521, investigate