338
HR 833 PCS
(1) by striking ‘‘made under this subsection’’
and inserting ‘‘made under subsection (c)’’; and
(2) by striking ‘‘This subsection’’ and inserting
‘‘Subsection (c) and this subsection’’.
SEC. 1125. KNOWING DISREGARD OF BANKRUPTCY LAW OR
RULE.
Section 156(a) of title 18, United States Code, is
amended—
(1) in the first undesignated paragraph—
(A) by inserting ‘‘(1) the term’’ before
‘‘ ‘bankruptcy’’; and
(B) by striking the period at the end and
inserting ‘‘; and’’; and
(2) in the second undesignated paragraph—
(A) by inserting ‘‘(2) the term’’ before
‘‘ ‘document’’; and
(B) by striking ‘‘this title’’ and inserting
‘‘title 11’’.
SEC. 1126. TRANSFERS MADE BY NONPROFIT CHARITABLE
CORPORATIONS.
(a) SALE OF PROPERTY OF ESTATE.—Section 363(d)
of title 11, United States Code, is amended—
(1) by striking ‘‘only’’ and all that follows
through the end of the subsection and inserting
‘‘only—
339
HR 833 PCS
‘‘(1) in accordance with applicable nonbank-
ruptcy law that governs the transfer of property by
a corporation or trust that is not a moneyed, busi-
ness, or commercial corporation or trust; and
‘‘(2) to the extent not inconsistent with any re-
lief granted under subsection (c), (d), (e), or (f) of
section 362 of this title.’’.
(b) CONFIRMATION
OF PLAN
FOR REORGANIZA-
TION.—Section 1129(a) of title 11, United States Code,
as amended by section 140, is amended by adding at the
end the following:
‘‘(15) All transfers of property of the plan shall
be made in accordance with any applicable provi-
sions of nonbankruptcy law that govern the transfer
of property by a corporation or trust that is not a
moneyed, business, or commercial corporation or
trust.’’.
(c) TRANSFER OF PROPERTY.—Section 541 of title
11, United States Code, as amended by section 1102, is
amended by adding at the end the following:
‘‘(f) Notwithstanding any other provision of this title,
property that is held by a debtor that is a corporation de-
scribed in section 501(c)(3) of the Internal Revenue Code
of 1986 and exempt from tax under section 501(a) of such
Code may be transferred to an entity that is not such a
340
HR 833 PCS
corporation, but only under the same conditions as would
apply if the debtor had not filed a case under this title.’’.
(d) APPLICABILITY.—The amendments made by this
section shall apply to a case pending under title 11, United
States Code, on the date of the enactment of this Act,
except that the court shall not confirm a plan under chap-
ter 11 of this title without considering whether this section
would substantially affect the rights of a party in interest
who first acquired rights with respect to the debtor after
the date of the petition. The parties who may appear and
be heard in a proceeding under this section include the
attorney general of the State in which the debtor is incor-
porated, was formed, or does business.
(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be deemed to require the court in which a case
under chapter 11 is pending to remand or refer any pro-
ceeding, issue, or controversy to any other court or to re-
quire the approval of any other court for the transfer of
property.
SEC. 1127. PROHIBITION ON CERTAIN ACTIONS FOR FAIL-
URE TO INCUR FINANCE CHARGES.
Section 127 of the Truth in Lending Act (15 U.S.C.
1637) is amended by adding at the end the following:
‘‘(i) PROHIBITION ON CERTAIN ACTIONS FOR FAIL-
URE TO INCUR FINANCE CHARGES.—A creditor of an ac-
341
HR 833 PCS
count under an open end consumer credit plan may not
terminate an account prior to its expiration date solely be-
cause the consumer has not incurred finance charges on
the account. Nothing in this subsection shall prohibit a
creditor from terminating an account for inactivity in 3
or more consecutive months.’’.
SEC. 1128. PROTECTION OF VALID PURCHASE MONEY SE-
CURITY INTERESTS.
Section 547(c)(3)(B) of title 11, United States Code,
is amended by striking ‘‘20’’ and inserting ‘‘30’’.
SEC. 1129. TRUSTEES.
(a) SUSPENSION
AND
TERMINATION
OF
PANEL
TRUSTEES AND STANDING TRUSTEES.—Section 586(d) of
title 28, United States Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and
(2) by adding at the end the following:
‘‘(2) A trustee whose appointment under subsection
(a)(1) or under subsection (b) is terminated or who ceases
to be assigned to cases filed under title 11, United States
Code, may obtain judicial review of the final agency deci-
sion by commencing an action in the United States district
court for the district for which the panel to which the
trustee is appointed under subsection (a)(1), or in the
United States district court for the district in which the
trustee is appointed under subsection (b) resides, after
342
HR 833 PCS
first exhausting all available administrative remedies,
which if the trustee so elects, shall also include an admin-
istrative hearing on the record. Unless the trustee elects
to have an administrative hearing on the record, the trust-
ee shall be deemed to have exhausted all administrative
remedies for purposes of this paragraph if the agency fails
to make a final agency decision within 90 days after the
trustee requests administrative remedies. The Attorney
General shall prescribe procedures to implement this para-
graph. The decision of the agency shall be affirmed by
the district court unless it is unreasonable and without
cause based on the administrative record before the agen-
cy.’’.
(b) EXPENSES OF STANDING TRUSTEES.—Section
586(e) of title 28, United States Code, is amended by add-
ing at the end the following:
‘‘(3) After first exhausting all available administra-
tive remedies, an individual appointed under subsection
(b) may obtain judicial review of final agency action to
deny a claim of actual, necessary expenses under this sub-
section by commencing an action in the United States dis-
trict court in the district where the individual resides. The
decision of the agency shall be affirmed by the district
court unless it is unreasonable and without cause based
upon the administrative record before the agency.
343
HR 833 PCS
‘‘(4) The Attorney General shall prescribe procedures
to implement this subsection.’’.
TITLE XII—GENERAL EFFECTIVE
DATE; 
APPLICATION 
OF
AMENDMENTS
SEC. 1201. EFFECTIVE DATE; APPLICATION OF AMEND-
MENTS.
(a) EFFECTIVE DATE.—Except as provided otherwise
in this Act, this Act and the amendments made by this
Act shall take effect 180 days after the date of the enact-
ment of this Act.
(b) APPLICATION OF AMENDMENTS.—Except as oth-
erwise provided in this Act, the amendments made by this
Act shall not apply with respect to cases commenced under
title 11, United States Code, before the effective date of
this Act.
Passed the House of Representatives May 5, 1999.
Attest:
JEFF TRANDAHL,
Clerk.