I
103D CONGRESS
1ST SESSION
H. R. 2326
To amend title 11 of the United States Code with respect to cases under
chapter 13, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 27, 1993
Mr. SYNAR (for himself, Mr. BOUCHER, Mr. KOPETSKI, Mr. HYDE, Mr. BAC-
CHUS of Florida, Mr. KANJORSKI, Mr. POMEROY, Mr. MCCURDY, Mr.
BURTON of Indiana, Mr. ROTH, Mr. SCHIFF, Mr. RAMSTAD, Mr.
SANGMEISTER, Mr. GOODLATTE, Mr. HAYES, Mr. ROEMER, and Mr.
FRANK of Massachusetts) introduced the following bill; which was re-
ferred to the Committee on the Judiciary
A BILL
To amend title 11 of the United States Code with respect
to cases under chapter 13, 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 ‘‘Bankruptcy Amend-
ments of 1993’’.
SEC. 2. AMENDMENTS.
(a) WHO MAY BE A DEBTOR UNDER CHAPTER 13.—
Section 109(e) of title 11, United States Code, is amend-
ed—
(1) by striking ‘‘, unsecured debts of less than
$100,000 and noncontingent, liquidated, secured
debts of less than $350,000’’ and inserting ‘‘debts of
less than $1,000,000’’, and
(2) by striking ‘‘, unsecured debts that aggre-
gate less than $100,000 and noncontingent, liq-
uidated, secured debts of less than $350,000’’ and
inserting ‘‘debts of less than $1,000,000’’.
(b) AUTOMATIC STAY.—The last sentence of section
362(e) of title 11, United States Code, is amended—
(1) by striking ‘‘commenced’’ and inserting
‘‘concluded’’, and
(2) by inserting before the period at the end the
following:
‘‘unless the 30-day period is extended with the consent of
the parties in interest or for a specific time that the court
finds is required by compelling circumstances’’.
(c) EXEMPTIONS.—(1) Section 522(a) of title 11,
United States Code, is amended—
(A) in paragraph (1) by striking ‘‘and’’ at the
end,
(B) by redesignating paragraph (2) as para-
graph (3), and
(C) by inserting after paragraph (1) the follow-
ing:
‘‘(2) ‘household goods’ means furnishings, ap-
pliances, linens, china, cookery, kitchenware, and
personal effects, but does not include—
‘‘(A) works of art;
‘‘(B) electronic entertainment equipment
other than one television and one radio;
‘‘(C) jewelry (other than wedding and en-
gagement rings); and
‘‘(D) antiques purchased by the debtor;
and’’.
(2) Section 522(d)(3) of title 11, United States Code,
is amended—
(A) by striking ‘‘household furnishings,’’, and
(B) by striking ‘‘appliances,’’.
(3) Section 522(f)(2) of title 11, United States Code,
is amended—
(A) by striking ‘‘household furnishings,’’, and
(B) by striking ‘‘appliances,’’.
(d) EXCEPTIONS TO DISCHARGE.—Section 523(a) of
title 11, United States Code, is amended—
(1) in paragraph (2)—
(A) by amending subparagraph (A) to read
as follows:
‘‘(A) actual fraud, use of a credit card or
other access device to a revolving line of credit
without the intent to repay, or false pretenses
or false representations made or published with
reckless disregard for their truth or accuracy;’’
(B) in subparagraph (B)(iv) by striking
‘‘intent to deceive’’ and inserting ‘‘reckless dis-
regard for its truth or accuracy’’, and
(C) in subparagraph (C)—
(i) by striking ‘‘$500’’ and inserting
‘‘$100’’, and
(ii) by striking ‘‘forty days’’ and in-
serting ‘‘60 days’’, and
(2) by amending paragraph (6) to read as
follows:
‘‘(6) for injury to another entity or property of
another entity resulting from the debtor’s reckless
disregard of such entity’s right or property
interests;’’.
(e) EFFECT OF DISCHARGE.—The third sentence of
section 524(d) of title 11, United States Code, is amended
in the matter preceding paragraph (1) by inserting ‘‘and
was not represented by an attorney during the course of
negotiating such agreement’’ after ‘‘this section’’.
(f) PREFERENCES.—Section 547(c)(3)(B) of title 11,
United States Code, is amended by striking ‘‘10’’ and in-
serting ‘‘20’’.
(g) CONTENTS OF PLAN.—Section 1322(b)(2) of title
11, United States Code, is amended to read as follows:
‘‘(2) modify the rights of the holders of secured
claims, but the plan may not modify a claim pursu-
ant to section 506 of a person holding a senior or
a junior security interest in real property that is the
debtor’s principal residence, except that the plan
may modify the claim of a person holding such a
junior security interest that was undersecured at the
time the interest attached to the extent that the in-
terest remains undersecured;’’.
(h) CONTENTS OF PLAN.—(1) Section 1322(c) of
title 11, United States Code, is amended to read as
follows:
‘‘(c) The plan may not provide for payments over a
period that is longer than 5 years.’’.
(2) Section 1325(b)(1)(B) of title 11, United States
Code, is amended by striking ‘‘three-year’’ and inserting
‘‘5-year’’.
(3) Section 1329(c) of title 11, United States Code,
is amended to read as follows:
‘‘(c) A plan modified under this section may not pro-
vide for payments over a period that expires more than
5 years after the date that the first payment under the
original confirmed plan was due.’’.
(i) CONFIRMATION HEARING.—Section 1324 of title
11, United States Code, is amended—
(1) by striking ‘‘After’’ and inserting ‘‘(a) Ex-
cept as provided in subsection (b) and after’’, and
(2) by adding at the end the following:
‘‘(b) If a creditor objects not later than 5 days after
receiving notice of a hearing on confirmation of the plan,
the hearing on confirmation of the plan may be held only
after the expiration of the 10-day period beginning on the
date of the first meeting of creditors under section
341(a).’’.
(j) PAYMENTS.—Section 1326(c) of title 11, United
States Code, is amended by inserting ‘‘timely’’ after ‘‘pay-
ments’’.
SEC. 3. ANNUAL COMPILATION OF STATISTICAL INFORMA-
TION REGARDING BANKRUPTCY CASES.
Not later than June 30 of each year, the Administra-
tive Office of the United States Courts shall compile and
make available to the public statistical information with
respect to cases in which a discharge is entered under title
11 of the United States Code in the preceding calendar
year. Such information shall include—
(1) the liabilities and value of assets of the
debtors in such cases as of the order for relief,
(2) the monthly income and living expenses of
such debtors, as estimated by such debtors,
(3) the aggregate amount of debts discharged,
and the aggregate payments made to creditors, as of
the date of discharge, and
(4) the time elapsed between the filing of such
cases and the date of the first payment to a creditor
under a plan confirmed in such cases.
SEC. 4. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) EFFECTIVE DATE.—Except as provided in sub-
section (b), this Act and the amendments made by this
Act shall take effect on the date of the enactment of this
Act.
(b) APPLICATION OF AMENDMENTS.—The amend-
ments made by this Act shall not apply with respect to
cases commenced under title 11 of the United States Code
before the date of the enactment of this Act.
Æ