‘‘§ 309. Bureau of Consumer Financial Protection ap-
pearances in bankruptcy cases 
‘‘Notwithstanding section 1054(e) of the Consumer 
Financial Protection Act of 2010 (12 U.S.C. 5564(e)), the 
Bureau of Consumer Financial Protection may represent 
itself in its own name and may raise, appear, and be heard 
on any issue in a case under this title before any court 
with appropriate jurisdiction.’’. 
(2) CONFORMING AMENDMENT.—The table of 
sections for chapter 3 of title 11, United States 
Code, is amended by inserting after the item relating 
to section 308 the following: 
‘‘309. Bureau of Consumer Financial Protection appearances in bankruptcy 
cases.’’. 
(k) ELIGIBILITY TO SERVE AS TRUSTEE.—Section 
321(a) of title 11, United States Code, is amended by 
striking ‘‘under chapter 7, 12, or 13 of this title,’’ each 
place it appears and inserting ‘‘under chapter 7, 10, or 
12 of this title,’’. 
(l) QUALIFICATION OF TRUSTEE.—Section 322(a) of 
title 11, United States Code, is amended by striking ‘‘701, 
702, 703, 1104, 1163, 1183, 1202, or 1302’’ and insert-
ing ‘‘701, 702, 703, 1001, 1104, 1163, 1183, or 1202’’. 
(m) LIMITATION ON COMPENSATION OF TRUSTEE.— 
Section 326(b) of title 11, United States Code, is amend-
ed— 
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(1) by striking ‘‘chapter 12 or 13 of this title,’’ 
and inserting ‘‘chapter 10 or 12 of this title,’’; 
(2) by striking ‘‘under section 1202(a) or 
1302(a) of this title’’ and inserting ‘‘under section 
1001(a) or 1202(a) of this title’’; and 
(3) by striking ‘‘not to exceed five percent upon 
all payments under the plan’’ and inserting ‘‘not to 
exceed 5 percent upon all payments under the chap-
ter 11 or 12 plan or under the chapter 10 repay-
ment plan’’. 
(n) DEBTOR’S TRANSACTIONS WITH ATTORNEYS.— 
Section 329 of title 11, United States Code, is amended— 
(1) in subsection (b)(1)(B), by striking ‘‘chap-
ter 11, 12, or 13 of this title’’ and inserting ‘‘chap-
ter 10, 11, or 12 of this title’’; and 
(2) by adding at the end the following: 
‘‘(c) In a case under chapter 10 of this title, no com-
pensation shall be allowed for the debtor’s attorney under 
this title unless— 
‘‘(1) the agreement between the debtor and the 
debtor’s attorney providing for compensation— 
‘‘(A) was made not more than 90 days be-
fore the date of the filing of the petition; 
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‘‘(B) specifies the services provided or to 
be provided by the debtor’s attorney and the at-
torney’s related fees and expenses; 
‘‘(C) provides that the debtor will not be 
requested to pay or be liable for any amounts 
other than reasonable attorneys’ fees and ex-
penses— 
‘‘(i) specified in the agreement; 
‘‘(ii) for any adversary proceeding in 
which the debtor is a party; or 
‘‘(iii) for services required by the 
debtor or the court that the attorney 
should not have reasonably anticipated at 
the time of the agreement; 
‘‘(D) does not provide for the payment of 
interest or any additional fees based on delay in 
payment or risk of nonpayment or for costs of 
collection on installment payments; 
‘‘(E) provides for installment payments of 
any compensation still owing on the date of the 
petition over a period of not more than 1 year; 
and 
‘‘(F) does not include a pre-dispute arbi-
tration agreement or a pre-dispute joint-action 
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waiver with respect to any dispute under the 
agreement; 
‘‘(2) the attorney has discussed with the debtor 
the attorney’s fees and expenses under the agree-
ment and the consequences of the attorney’s filing 
the certification required under paragraph (3), and, 
after full disclosure, the debtor consents to the filing 
of the certification; and 
‘‘(3) the attorney files with the court a certifi-
cation, in accordance with rule 9011 of the Federal 
Rules of Bankruptcy Procedure, with respect to the 
agreement that— 
‘‘(A) the conditions specified in paragraphs 
(1) and (2) are satisfied; and 
‘‘(B) the enforcement of the agreement 
would not impose an undue hardship on the 
debtor or the debtor’s dependents. 
‘‘(d) In a case under chapter 10 of this title, any as-
signment, factoring, or transfer of rights or amounts, or 
of rights or authority to collect any such amounts, due 
under an agreement between the debtor and the debtor’s 
attorney is void. 
‘‘(e) In a case under chapter 10 of this title, the 
bankruptcy court where the bankruptcy case was heard— 
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‘‘(1) shall have exclusive jurisdiction over any 
disputes under, and enforcement of, an agreement 
that is subject to this section, whether or not the 
case has been closed; and 
‘‘(2) in the event of nonpayment on an agree-
ment described in subsection (c), the court may 
issue a judgment for monies owed only under an 
agreement made during the 540-day period pre-
ceding the date of the judgment.’’. 
(o) COMPENSATION OF OFFICERS.— 
(1) IN
GENERAL.—Section 330 of title 11, 
United States Code, is amended— 
(A) in subsection (a)(4)(B), by striking 
‘‘In a chapter 12 or chapter 13 case in which 
the debtor is an individual,’’ and inserting ‘‘In 
a chapter 10 or 12 case in which the debtor is 
an individual,’’; 
(B) by redesignating subsections (c), (d), 
and (e) as subsections (d), (e), and (f), respec-
tively; 
(C) by inserting after subsection (b) the 
following: 
‘‘(c) There shall be paid from the filing fee in a case 
under chapter 10 of this title $120 to the trustee serving 
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in such case, after such trustee’s services are rendered.’’; 
and 
(D) in subsection (d), as so redesignated, 
by striking ‘‘in a case under chapter 12 or 13’’ 
and inserting ‘‘in a case under chapter 10 or 
12’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
589a(b)(7) of title 28, United States Code, is 
amended by striking ‘‘section 330(d)’’ and inserting 
‘‘section 330(e)’’. 
(p) MEETINGS OF CREDITORS AND EQUITY SECU-
RITY HOLDERS.—Section 341 of title 11, United States 
Code, is amended— 
(1) in subsection (c), by striking ‘‘chapter 7 or 
13’’ and inserting ‘‘chapter 10 of this title’’; 
(2) in subsection (d)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘chapter 7’’ and inserting ‘‘chapter 
10’’; 
(B) in paragraph (1), by adding ‘‘and’’ at 
the end; 
(C) by striking paragraph (2); 
(D) by redesignating paragraph (3) as 
paragraph (2); 
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(E) in paragraph (2), as so redesignated, 
by striking ‘‘; and’’ and inserting a period; and 
(F) by striking paragraph (4); and 
(3) by adding at the end the following: 
‘‘(f) In a case under chapter 10 of this title— 
‘‘(1) the meeting of creditors under subsection 
(a) may be convened electronically and allow remote 
appearances of all parties; 
‘‘(2)(A) the debtor shall not be required to ap-
pear in person if it would impose an unreasonable 
burden on the debtor; and 
‘‘(B) there shall be a rebuttable presumption 
that in-person attendance at the meeting of creditors 
under subsection (a) is an unreasonable burden on 
the debtor if the debtor’s address on the bankruptcy 
petition is more than 10 miles from the location of 
the courthouse of the bankruptcy court where the 
meeting of creditors under subsection (a) would 
occur; and 
‘‘(3) the meeting of creditors under subsection 
(a) shall be scheduled at such times to avoid conflict 
with the debtor’s employment.’’. 
(q) NOTICE.—Section 342 of title 11, United States 
Code, is amended— 
(1) by striking subsections (b) and (d); 
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(2) by redesignating subsections (c), (e), (f), 
and (g) as subsections (b), (c), (d), and (e), respec-
tively; 
(3) in subsection (c)(1), as so redesignated, by 
striking ‘‘chapter 7 or 13’’ and inserting ‘‘chapter 
10’’; 
(4) in subsection (d), as so redesignated— 
(A) in paragraph (1), by striking ‘‘chapters 
7 or 13’’ and inserting ‘‘chapter 10’’; and 
(B) in paragraph (2)— 
(i) by striking ‘‘chapter 7 or 13’’ and 
inserting ‘‘chapter 10’’; and 
(ii) by striking ‘‘subsection (e)’’ and 
inserting ‘‘subsection (c)’’; and 
(5) in subsection (e)(2), as so redesignated, by 
striking ‘‘section 362(k)’’ and inserting ‘‘section 
362(j)’’. 
(r) UNCLAIMED PROPERTY.—Section 347(a) of title 
11, United States Code, is amended by striking ‘‘under 
section’’ and all that follows through ‘‘as the case may 
be’’ and inserting ‘‘under section 726, 1025, 1194, or 
1226 of this title under chapter 7, chapter 10, subchapter 
V of chapter 11, or chapter 12 of this title, as the case 
may be’’. 
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(s) EFFECT OF CONVERSION.—Section 348 of title 
11, United States Code, is amended— 
(1) in subsection (b)— 
(A) 
by 
striking 
‘‘sections 
701(a), 
727(a)(10), 
727(b), 
1102(a), 
1110(a)(1), 
1121(b), 1121(c), 1141(d)(4), 1201(a), 1221, 
1228(a), 1301(a), and 1305(a) of this title’’ 
and 
inserting 
‘‘sections 
701(a), 
1009(a), 
1025(b), 1027(a), 1027(b), 1031(c), 1102(a), 
1110(a)(1), 
1121(b), 
1121(c), 
1141(d)(4), 
1201(a), 1221, and 1228(a) of this title’’; 
(B) by striking ‘‘under section 706, 1112, 
1208, or 1307 of this title’’ and inserting 
‘‘under section 706, 1005, 1053(c), 1112, or 
1208 of this title’’; 
(2) in subsection (c), by striking ‘‘under section 
706, 1112, 1208, or 1307 of this title’’ and inserting 
‘‘under section 706, 1005, 1053(c), 1112, or 1208’’ 
of this title; 
(3) in subsection (d), by striking ‘‘under section 
1112, 1208, or 1307 of this title’’ and inserting 
‘‘under section 1005, 1053(c), 1112, or 1208 of this 
title’’; 
(4) in subsection (e), by striking ‘‘under section 
706, 1112, 1208, or 1307 of this title’’ and inserting 
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‘‘under section 706, 1005, 1053(c), 1112, or 1208’’ 
of this title; and 
(5) by striking subsection (f). 
(t) EFFECT OF DISMISSAL.—Section 349 of title 11, 
United States Code, is amended— 
(1) by striking subsection (a) and inserting the 
following: 
‘‘(a) The dismissal of a case shall not— 
‘‘(1) bar the discharge, in a later case, of debts 
that were dischargeable in the case dismissed, except 
as provided in section 523, 1031, 1141, or 1228; or 
‘‘(2) prejudice the debtor with regard to the fil-
ing of a subsequent petition, except as provided in 
subsection (g) or (h) of section 109.’’; and 
(2) in subsection (b)(1)(B), by striking ‘‘or 
724(a) of this title,’’ and inserting ‘‘724(a), or 1041 
of this title,’’. 
(u) AUTOMATIC STAY.— 
(1) IN
GENERAL.—Section 362 of title 11, 
United States Code, is amended— 
(A) in subsection (a)— 
(i) in paragraph (3), by inserting ‘‘or 
to retain’’ after ‘‘to exercise control over’’; 
(ii) in paragraph (7), by striking 
‘‘and’’ at the end; 
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(iii) in paragraph (8), by striking the 
period at the end and inserting ‘‘; and’’; 
and 
(iv) by adding at the end the fol-
lowing: 
‘‘(9) in a case under chapter 10 of this title, at 
any time before the earliest of a conversion or dis-
missal under section 1005 of this title, a dismissal 
under section 1053(c) of this title, or a discharge 
under section 1031 of this title, any act to alter, 
refuse, or discontinue utility service provided to the 
debtor under an agreement entered into before the 
entry of the order for relief.’’; 
(B) in subsection (b)— 
(i) by striking paragraph (22); 
(ii) by redesignating paragraphs (23), 
(24), (25), (26), (27), (28), and (29) as 
paragraphs (22), (23), (24), (25), (26), 
(27), and (28), respectively; 
(iii) in paragraph (22), as so redesig-
nated, by striking ‘‘subsection (m)’’ and in-
serting ‘‘subsection (l)’’; 
(iv) in paragraph (27), as so redesig-
nated, by striking ‘‘and’’ at the end; 
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(v) in paragraph (28), as so redesig-
nated, by striking the period and inserting 
‘‘; and’’; and 
(vi) by striking the matter following 
paragraph (28), as so redesignated and in-
serting the following: 
‘‘(29) under subsection (a), over retention of 
property of the estate subject to a potential loss of 
value due to accident, casualty, or theft unless the 
party entitled to possession provides proof of insur-
ance or other security sufficient to protect the cred-
itor against such loss of value.’’; 
(C) in subsection (c)— 
(i) in the matter preceding paragraph 
(1), by striking ‘‘(f), and (h)’’ and insert-
ing ‘‘and (f)’’; 
(ii) by striking paragraphs (2) and (3) 
and inserting the following: 
‘‘(2) in a case under chapter 7, 9, 11, or 12, 
the stay of any other act under subsection (a) of this 
section continues until the earliest of— 
‘‘(A) the time the case is closed; 
‘‘(B) the time the case is dismissed; or 
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100 
title,’’ and inserting ‘‘under section 1005, 
1053(c), 1112, or 1208 of this title,’’; and 
(iii) in subparagraph (B), in the mat-
ter preceding clause (i), by striking ‘‘under 
section 1112, 1208, or 1307 of this title’’ 
and 
inserting 
‘‘under 
section 
1005, 
1053(c), 1112, or 1208 of this title’’; and 
(3) by striking subsection (p) and inserting the 
following: 
‘‘(p) Notwithstanding any provision in a lease or ap-
plicable nonbankruptcy law, the following shall apply: 
‘‘(1)(A) If the debtor is an individual, the trust-
ee shall be deemed to have abandoned any unexpired 
lease of residential real property that is the debtor’s 
principal residence of which the debtor or the debt-
or’s spouse or dependents is a tenant. 
‘‘(B)(i) Notwithstanding any other provision of 
this section, the debtor may assume such a lease— 
‘‘(I) without curing any monetary defaults 
under the lease that aggregate no more than 
the amount described in clause (iii); and 
‘‘(II) without adequate assurance of future 
performance. 
‘‘(ii) If there are monetary defaults under the 
lease that aggregate to more than the amount de-
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101 
scribed in clause (iii), the debtor may not assume 
such lease unless all monetary defaults in excess of 
the amount described in clause (iii) are cured. 
‘‘(iii) The amount described in this clause is the 
amount equal to 6 times the monthly rent to be paid 
by the debtor under the lease. 
‘‘(C) Any monetary defaults on such a lease left 
uncured shall become claims against the estate in 
accordance with subsection (g). 
‘‘(D)(i) All non-monetary defaults on such a 
lease shall be deemed waived, except those relating 
to health or safety, which shall require permission of 
the court to waive or modify if the lessor objects to 
their waiver or modification. 
‘‘(ii) Any pecuniary loss in accordance with 
such a non-monetary default shall constitute a claim 
against the estate in accordance with subsection (g). 
‘‘(E) Such a lease not assumed by the debtor, 
including satisfaction or adequate assurance of any 
cure required within 60 days of the order of relief, 
under this paragraph shall return to the bankruptcy 
estate. 
‘‘(2)(A) If the debtor is an individual and if an 
unexpired lease of property not subject to paragraph 
(1) is rejected or not timely assumed by the trustee 
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102 
under subsection (d), the debtor may move to as-
sume the lease. 
‘‘(B) The court— 
‘‘(i) may approve such an assumption if 
the debtor cures any monetary default within 
90 days after the date of assumption; and 
‘‘(ii) shall withhold any discharge of the 
debtor until such cure is made. 
‘‘(C) The debtor’s interest in the lease or prop-
erty that is the subject of the lease ceases to be 
property of the estate if— 
‘‘(i) the debtor fails to move to assume the 
lease within 14 days after the lease is rejected 
or not timely assumed by the trustee; or 
‘‘(ii) the debtor’s motion to assume the 
lease is denied. 
‘‘(D) All non-monetary defaults on such a lease 
shall be deemed waived except those relating to 
health or safety, which shall require permission of 
the court upon motion to waive or modify if the les-
sor objects to their waiver or modification. 
‘‘(3) In this subsection, the term ‘lease’ does 
not include— 
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103 
‘‘(A) an agreement that is a security inter-
est under applicable nonbankruptcy law, irre-
spective of its form; or 
‘‘(B) a lease the term of which extends be-
yond the remaining economic life of the prop-
erty.’’. 
(y) UTILITY SERVICE.—Section 366(b) of title 11 
United States Code, is amended by striking ‘‘Such utility’’ 
and inserting ‘‘In a case other than under chapter 10 of 
this title, such utility’’. 
(z) FILING OF PROOFS OF CLAIMS OR INTERESTS.— 
Section 501 of title 11, United States Code, is amended 
by adding at the end the following: 
‘‘(f)(1) Any creditor that files a claim in a case in 
which the debtor is an individual, and any attorney rep-
resenting such creditor, shall at the time of filing certify, 
under penalty of perjury, whether the creditor has a bene-
ficial interest in the claim and to what extent. 
‘‘(2) If the creditor does not hold the entire beneficial 
interest in the claim, the creditor shall disclose in the cer-
tification under paragraph (1) the identity of the party 
or parties holding the beneficial interest. 
‘‘(3) The creditor shall promptly notify the court, the 
trustee, the United States Trustee, and the debtor of any 
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104 
updates necessary to maintain the accuracy of the certifi-
cation under paragraph (1). 
‘‘(g) The filing of a claim under this title shall not 
revive any period of limitations under applicable nonbank-
ruptcy law.’’. 
(aa) ALLOWANCE OF CLAIMS OR INTERESTS.— 
(1) IN
GENERAL.—Section 502 of title 11, 
United States Code, is amended— 
(A) in subsection (b)— 
(i) in the matter preceding paragraph 
(1), by striking ‘‘subsections (e)(2), (f), 
(g), (h) and (i)’’ and inserting ‘‘subsections 
(c), (f)(2), (g), (h), (i) and (j)’’; 
(ii) in paragraph (2), by striking ‘‘in-
terest;’’ and inserting ‘‘interest, including 
under a prepayment penalty, yield mainte-
nance clause, make-whole clause, or similar 
contractual provision;’’; 
(iii) by redesignating paragraphs (3) 
through (9) as paragraphs (5) through 
(11), respectively; 
(iv) by inserting after paragraph (2) 
the following: 
‘‘(3) such claim is for attorneys’ fees incurred 
after the entry of the order for relief under this title, 
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105 
except to the extent permitted under section 503 or 
506 of this title; 
‘‘(4) notwithstanding section 506(b), such claim 
is for a fee incurred under section 1930(b) of title 
28;’’; 
(v) in paragraph (10), as so redesig-
nated, by striking ‘‘or’’ at the end; and 
(vi) in paragraph (11), as so redesig-
nated— 
(I) by striking ‘‘except that—’’ 
and all that follows through ‘‘a claim 
of a governmental unit’’ and inserting 
‘‘except that a claim of a govern-
mental unit’’; 
(II) by striking ‘‘provide; and’’ 
and inserting ‘‘provide.’’; and 
(III) by striking subparagraph 
(B); 
(B) by striking subsection (k); 
(C) by redesignating subsections (d), (e), 
(f), (g), (h), (i), and (j) as subsections (e), (f), 
(g), (h), (i), (j), and (k), respectively; 
(D) by inserting after subsection (c) the 
following: 
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106 
‘‘(d) The court shall, after notice and a hearing, dis-
allow any claim if the creditor, an affiliate of the creditor, 
an agent of the creditor, a direct or indirect transferor 
of the claim to the creditor, or an affiliate of such trans-
feror violated a Federal consumer financial law, as defined 
in section 1002 of the Consumer Financial Protection Act 
of 2010 (12 U.S.C. 5481), in connection with the claim 
or an obligation that gave rise to the claim.’’; 
(E) in subsection (e), as so redesignated, 
by striking ‘‘or 724(a) of this title’’ and insert-
ing ‘‘724(a), or 1041 of this title’’; 
(F) in subsection (f), as so redesignated, in 
paragraph (2), by striking ‘‘or disallowed under 
subsection (d)’’ and inserting ‘‘or disallowed 
under subsection (d) or (e)’’; 
(G) in subsection (g), as so redesignated, 
by striking ‘‘or disallowed under subsection (d) 
or (e)’’ and inserting ‘‘or disallowed under sub-
section (d), (e), or (f)’’; 
(H) in subsection (h), as so redesignated— 
(i) in paragraph (1)— 
(I) by striking ‘‘chapter 9, 11, 
12, or 13’’ and inserting ‘‘chapter 9, 
10, 11, or 12’’; and 
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107 
(II) by striking ‘‘or disallowed 
under subsection (d) or (e)’’ and in-
serting ‘‘or disallowed under sub-
section (d), (e), or (f)’’; and 
(ii) in paragraph (2), by striking ‘‘or 
disallowed under subsection (d) or (e)’’ and 
inserting ‘‘or disallowed under subsection 
(d), (e), or (f)’’; 
(I) in subsection (i), as so redesignated, by 
striking ‘‘or disallowed under subsection (d) or 
(e)’’ and inserting ‘‘or disallowed under sub-
section (d), (e), or (f)’’; 
(J) in subsection (j), as so redesignated, by 
striking ‘‘or disallowed under subsection (d) or 
(e)’’ and inserting ‘‘or disallowed under sub-
section (d), (e), or (f)’’; and 
(K) by adding at the end the following: 
‘‘(l)(1) The court shall grant judgment against the 
creditor and in favor of the estate for costs and reasonable 
attorneys’ fees— 
‘‘(A) if— 
‘‘(i) a claim is disallowed under subsection 
(b) because the debt from which it arises is not 
within the applicable statutory limitations pe-
riod; and 
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108 
‘‘(ii) the creditor did not take reasonable 
actions to form a good faith belief that the debt 
on which it is based is within the applicable 
statutory limitations period; or 
‘‘(B) if a claim is disallowed under subsection 
(d). 
‘‘(2) The estate may offset the liability of a creditor 
under this subsection against any distribution otherwise 
to be made to the creditor. 
‘‘(3) The remedy provided by this subsection shall not 
be exclusive of other remedies available to the debtor or 
the estate.’’. 
(2) CONFORMING AMENDMENTS.— 
(A) Section 101 of title 11, United States 
Code, is amended in paragraph (12)(B), as re-
designated by this section, by striking ‘‘502(f), 
502(g), 502(h) or 502(i)’’ and inserting ‘‘sub-
section (g), (h), (i), or (j) of section 502’’. 
(B) Section 501(d) of title 11, United 
States Code, is amended by striking ‘‘in section 
502(e)(2), 502(f), 502(g), 502(h) or 502(i)’’ 
and inserting ‘‘in subsection (f)(2), (g), (h), (i), 
or (j) of section 502’’. 
(C) Section 503(b) of title 11, United 
States Code, is amended— 
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109 
(i) in the matter preceding paragraph 
(1), by striking ‘‘section 502(f)’’ and in-
serting ‘‘section 502(g)’’; and 
(ii) in paragraph (7), by striking ‘‘sec-
tion 502(b)(6)’’ and inserting ‘‘section 
502(b)(8)’’. 
(D) Section 506(d)(1) of title 11, United 
States Code, is amended by striking ‘‘section 
502(b)(5) or 502(e)’’ and inserting ‘‘subsection 
(b)(7) or (f) of section 502’’. 
(E) Section 507(a)(3) of title 11, United 
States Code, is amended by striking ‘‘section 
502(f)’’ and inserting ‘‘section 502(g)’’. 
(F) Section 509(b)(1)(B) of title 11, 
United States Code, is amended by striking 
‘‘section 
502(e)’’ 
and 
inserting 
‘‘section 
502(f)’’. 
(G) Section 544(b)(1) of title 11, United 
States Code, is amended by striking ‘‘section 
502(e)’’ and inserting ‘‘section 502(f)’’. 
(H) Section 929 of title 11, United States 
Code, 
is 
amended 
by 
striking 
‘‘section 
502(b)(6)’’ and inserting ‘‘section 502(b)(8)’’. 
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110 
(I) Section 1114(j) of title 11, United 
States Code, is amended by striking ‘‘section 
502(b)(7)’’ and inserting ‘‘section 502(b)(9)’’. 
(J) Section 1141(d)(1)(A) of title 11, 
United States Code, is amended by striking 
‘‘section 502(g), 502(h), or 502(i)’’ and insert-
ing ‘‘subsection (h), (i), or (j) of section 502’’. 
(K) Section 1232(d)(4) of title 11, United 
States Code, is amended by striking ‘‘or dis-
allowed under subsection (d) or (e) of section 
502’’ and inserting ‘‘or disallowed under sub-
section (d), (e), or (f) of section 502’’. 
(L) Section 311 of PROMESA (48 U.S.C. 
2171) is amended by striking ‘‘502(b)(6)’’ and 
inserting ‘‘502(b)(8)’’. 
(bb) DETERMINATION OF SECURED STATUS.—Sec-
tion 506 of title 11, United States Code, is amended— 
(1) in subsection (a), by striking paragraph (2) 
and inserting the following: 
‘‘(2) In a case under chapter 10 of this title, 
any interest of a creditor in property of the debtor 
or the estate shall be determined by its realizable 
value as of the date of the filing of the petition.’’; 
(2) in subsection (b), by striking ‘‘interest on 
such claim,’’ and all that follows and inserting ‘‘in-
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111 
terest on such claim and any reasonable fees, costs, 
or charges provided for under the agreement or ap-
plicable nonbankruptcy law under which such claim 
arose, with post-petition interest credited to the al-
lowed secured claim before other fees, costs, or 
charges.’’; and 
(3) in subsection (d), in the matter preceding 
paragraph (1) by striking ‘‘allowed secured claim,’’ 
and inserting ‘‘allowed secured claim pursuant to 
subsection (a),’’. 
(cc) PRIORITIES.— 
(1) IN GENERAL.—Section 507(a) of title 11, 
United States Code, is amended— 
(A) in paragraph (1)— 
(i) by striking subparagraph (B); 
(ii) by redesignating subparagraph 
(C) as subparagraph (B); and 
(iii) in subparagraph (B), as so redes-
ignated— 
(I) by striking ‘‘701, 702, 703, 
1104, 1202, or 1302’’ and inserting 
‘‘1001, 1104, or 1202’’; and 
(II) by striking ‘‘subparagraphs 
(A) and (B)’’ and inserting ‘‘subpara-
graph (A)’’; and 
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112 
(B) in paragraph (7), by inserting ‘‘includ-
ing the purchase of a store gift card,’’ after 
‘‘purchase of services,’’. 
(2) CONFORMING AMENDMENTS.— 
(A) Section 724(b)(2) of title 11, United 
States Code, is amended by striking ‘‘section 
507(a)(1)(C)’’ 
and 
inserting 
‘‘section 
507(a)(1)(B)’’. 
(B) Section 1222(a) of title 11, United 
States Code, is amended— 
(i) in paragraph (3), by adding ‘‘and’’ 
at the end; 
(ii) by striking paragraph (4); and 
(iii) by redesignating paragraph (5) as 
paragraph (4). 
(dd) RATE OF INTEREST ON TAX CLAIMS.—Section 
511 of title 11, United States Code, is amended by adding 
at the end the following: 
‘‘(c) This section shall not apply in a case under 
chapter 10 of this title.’’. 
(ee) DEBTOR’S DUTIES.—Section 521 of title 11, 
United States Code, is amended by striking subsections 
(a) through (j) and inserting the following: 
‘‘(a) The debtor shall— 
‘‘(1) file— 
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114 
‘‘(2) if a trustee is serving in the case, cooper-
ate with the trustee as necessary to enable the trust-
ee to perform the trustee’s duties under this title; 
‘‘(3) appear at the hearing required under sec-
tion 524(d) of this title; and 
‘‘(4) unless a trustee is serving in the case, con-
tinue to perform the obligations required of the ad-
ministrator (as defined in section 3 of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 
1002)) of an employee benefit plan if, at the time 
of the commencement of the case, the debtor (or any 
entity designated by the debtor) served as such ad-
ministrator. 
‘‘(b) In a case under chapter 10 of this title: 
‘‘(1) Not later than 7 days before the date first 
set for the first meeting of creditors, the debtor shall 
provide to the trustee documentation that establishes 
the debtor’s income in 1 or more of the following 
forms: 
‘‘(A) One or more payment advices, issued 
within 60 days before the date of the filing of 
the petition, showing the debtor’s year-to-date 
income. 
‘‘(B) A copy of the Federal income tax re-
turn required under applicable law (or at the 
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115 
election of the debtor, a transcript of such re-
turn) for the most recent tax year ending im-
mediately before the commencement of the case 
and for which a Federal income tax return was 
filed. 
‘‘(C) A W–2 form issued by each employer 
for the tax year preceding the year the petition 
is filed. 
‘‘(D) Other evidence of payment received 
within 60 days before the date of the filing of 
the petition that establishes the debtor’s in-
come. 
‘‘(2) If the debtor’s annual income creates or 
increases the minimum payment obligation as de-
scribed in clause (ii) of section 101(54)(B) of this 
title, the debtor shall, to the extent not already pro-
vided under paragraph (1), provide to the trustee as 
documentation of income— 
‘‘(A) a copy of the Federal income tax re-
turn required under applicable law (or at the 
election of the debtor, a transcript of such re-
turn) for the most recent tax year ending im-
mediately before the commencement of the case 
and for which a Federal income tax return was 
required and filed; and 
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116 
‘‘(B) copies of all payment advices or other 
evidence of payment received within 60 days be-
fore the date of the filing of the petition, by the 
debtor from any employer of the debtor. 
‘‘(3) Notwithstanding paragraphs (1) and (2), 
the debtor shall provide additional documentation of 
income if requested by the trustee or the United 
States trustee upon reasonable grounds to believe 
the debtor’s actual income is greater than disclosed 
and would create or increase the minimum payment 
obligation as described in clause (ii) of section 
101(54)(B) of this title. 
‘‘(c) If the schedule of current income required by 
subsection (a)(1)(B)(ii) discloses income that is not more 
than 80 percent of the amount of annual income that 
would trigger the documentation obligations in subsection 
(b)(2) and in the absence of actual knowledge of facts to 
the contrary, an attorney for the debtor or a bankruptcy 
petition preparer for the debtor (as defined in section 110 
of this title) may rely on the schedule of current income 
to determine that— 
‘‘(1) the documentation requirements of sub-
section (b)(2) do not apply; and 
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117 
‘‘(2) the debtor is not required to file the state-
ment of annual income required by subsection 
(a)(1)(B)(v). 
‘‘(d) In a case under chapter 7 or 11: 
‘‘(1) The debtor shall provide— 
‘‘(A) not later than 7 days before the date 
first set for the first meeting of creditors, to the 
trustee a copy of the Federal income tax return 
required under applicable law (or at the election 
of the debtor, a transcript of such return) for 
the most recent tax year ending immediately be-
fore the commencement of the case and for 
which a Federal income tax return was filed; 
and 
‘‘(B) at the same time the debtor complies 
with subparagraph (A), a copy of such return 
(or if elected under subparagraph (A), such 
transcript) to any creditor that timely requests 
such copy. 
‘‘(2) If the debtor fails to comply with subpara-
graph (A) or (B) of paragraph (1), the court shall 
dismiss the case unless the debtor demonstrates that 
the failure to so comply is due to circumstances be-
yond the debtor’s control. 
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118 
‘‘(3) If a creditor requests a copy of such tax 
return or such transcript and if the debtor fails to 
provide a copy of such tax return or such transcript 
to such creditor at the time the debtor provides such 
tax return or such transcript to the trustee, the 
court shall dismiss the case unless the debtor dem-
onstrates that the failure to provide a copy of such 
tax return or such transcript is due to circumstances 
beyond the debtor’s control. 
‘‘(e) Failure by the debtor to disclose a cause of ac-
tion in a schedule required to be filed under this section 
shall not alone be grounds to dismiss a lawsuit brought 
to enforce the cause of action. 
‘‘(f) If requested by the United States trustee or by 
the trustee, the debtor shall provide— 
‘‘(1) a document that establishes the identity of 
the debtor, including a driver’s license, passport, or 
other document that contains a photograph of the 
debtor; or 
‘‘(2) such other personal identifying information 
relating to the debtor that establishes the identity of 
the debtor. 
‘‘(g) At the request of the court, the trustee, or the 
United States trustee, a debtor under chapter 11 who is 
an individual shall file with the court— 
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119 
‘‘(1) at the same time filed with the taxing au-
thority, a copy of each Federal income tax return re-
quired under applicable law (or at the election of the 
debtor, a transcript of such tax return) with respect 
to each tax year of the debtor ending while the case 
is pending under such chapter; 
‘‘(2) at the same time filed with the taxing au-
thority, each Federal income tax return required 
under applicable law (or at the election of the debt-
or, a transcript of such tax return) that had not 
been filed with such authority as of the date of the 
commencement of the case and that was subse-
quently filed for any tax year of the debtor ending 
in the 3-year period ending on the date of the com-
mencement of the case; and 
‘‘(3) a copy of each amendment to any Federal 
income tax return or transcript filed with the court 
under paragraph (1) or (2). 
‘‘(h)(1) Notwithstanding any other provision of this 
title, if the debtor fails to file a tax return that becomes 
due after the commencement of the case or to properly 
obtain an extension of the due date for filing such return, 
the taxing authority may request that the court enter an 
order converting or dismissing the case. 
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120 
‘‘(2) If the debtor does not file the required return 
or obtain the extension referred to in paragraph (1) within 
90 days after a request is filed by the taxing authority 
under that paragraph, the court shall convert or dismiss 
the case, whichever is in the best interests of creditors and 
the estate.’’. 
(ff) EXEMPTIONS.— 
(1) IN
GENERAL.—Section 522 of title 11, 
United States Code, is amended by striking sub-
sections (a) through (q) and inserting the following: 
‘‘(a) In this section— 
‘‘(1) the term ‘conforming loan limit’ means 
that applicable limitation for the debtor’s county of 
residence governing the maximum original principal 
obligation for a mortgage secured by a single-family 
residence, as determined and adjusted annually 
under section 302(b)(2) of the Federal National 
Mortgage Association Charter Act (12 U.S.C. 
1717(b)(2)) and section 305(a)(2) of the Federal 
Home Loan Mortgage Corporation Act (12 U.S.C. 
1454(a)(2)); 
‘‘(2) the term ‘dependent’ includes a spouse, 
whether or not actually dependent; and 
‘‘(3) the term ‘value’ means value— 
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121 
‘‘(A) as of the date of the filing of the peti-
tion; or 
‘‘(B) with respect to property that becomes 
property of the estate after such date, as of the 
date such property becomes property of the es-
tate. 
‘‘(b)(1) Notwithstanding section 541 of this title, an 
individual debtor may elect to exempt from property of 
the estate either the property listed in paragraph (2) or, 
in the alternative, the property listed in paragraph (3). 
‘‘(2)(A) The property listed in this paragraph is the 
following: 
‘‘(i) The debtor’s interest in the debtor’s prin-
cipal residence, not to exceed— 
‘‘(I) 75 percent of the conforming loan 
limit, if the debtor is age 65 or older on the 
date of the petition; and 
‘‘(II) 50 percent of the conforming loan 
limit in any other case. 
‘‘(ii) The debtor’s aggregate interest, unlimited 
in amount except as provided in subparagraph (B), 
in the following: 
‘‘(I) Professionally prescribed health aids 
for the debtor or a dependent of the debtor. 
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122 
‘‘(II) The debtor’s right to receive, or 
property that is traceable to— 
‘‘(aa) a social security benefit, rail-
road retirement benefit, government pen-
sion or retirement benefit, unemployment 
compensation, or a local public assistance 
benefit; 
‘‘(bb) a veterans’ benefit; 
‘‘(cc) a disability, illness, or unemploy-
ment benefit; 
‘‘(dd) alimony, support, or separate 
maintenance; 
‘‘(ee) a payment under a stock bonus, 
pension, profit sharing, annuity, or similar 
plan or contract on account of illness, dis-
ability, death, age, or length of service, un-
less— 
‘‘(AA) such plan or contract was 
established by or under the auspices 
of an insider that employed the debtor 
at the time the debtor’s rights under 
such plan or contract arose; 
‘‘(BB) such payment is on ac-
count of age or length of service; and 
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123 
‘‘(CC) such plan or contract does 
not qualify under section 401(a), 
403(a), 403(b), or 408 of the Internal 
Revenue Code of 1986; 
‘‘(ff) an award under a crime victim’s 
reparation law; 
‘‘(gg) a payment on account of the 
wrongful death of an individual of whom 
the debtor was a dependent, except to the 
extent that such payment is for punitive 
damages; 
‘‘(hh) a payment under a life insur-
ance contract that insured the life of an in-
dividual of whom the debtor was a depend-
ent on the date of such individual’s death; 
‘‘(ii) a payment on account of per-
sonal bodily injury, pain and suffering, or 
compensation for actual pecuniary loss of 
the debtor or an individual of whom the 
debtor is a dependent, except to the extent 
that such payment is for punitive damages; 
‘‘(jj) a payment in compensation of 
loss of future earnings of the debtor or an 
individual of whom the debtor is or was a 
dependent; 
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124 
‘‘(kk) retirement funds, including a 
direct transfer of retirement funds from a 
fund or account that is exempt from tax-
ation under section 401, 403, 408, 408A, 
414, 457, or 501(a) of the Internal Rev-
enue 
Code 
of 
1986, 
under 
section 
401(a)(31) of the Internal Revenue Code 
of 1986, or otherwise, or a distribution 
that qualifies as an eligible rollover dis-
tribution within the meaning of section 
402(c) of the Internal Revenue Code of 
1986 or has been distributed from a fund 
or account that is exempt from taxation 
under section 401, 403, 408, 408A, 414, 
457, or 501(a) of the Internal Revenue 
Code of 1986 and to the extent allowed by 
law is deposited in such a fund or account 
not later than 60 days after the distribu-
tion of such amount, to the extent that 
those funds are or were in a fund or ac-
count that is exempt from taxation under 
section 401, 403, 408, 408A, 414, 457, or 
501(a) of the Internal Revenue Code of 
1986; or 
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125 
‘‘(ll) a tax credit for earned income 
under section 32 of the Internal Revenue 
Code of 1986. 
‘‘(iii) The debtor’s interest in any other prop-
erty up to $40,000 in aggregate value. 
‘‘(B)(i) The court on its own motion, or upon motion 
by the trustee or United States trustee, may limit the 
amount property exempt under item (dd), (ee), (hh), (jj), 
or (kk) of subparagraph (A)(ii)(II) after notice and hear-
ing if it determines that such property is manifestly un-
necessary for the support of the debtor or the debtor’s de-
pendents. 
‘‘(ii) There shall be a rebuttable presumption that ag-
gregate value of property described in any such item in 
excess of $1,500,000 is manifestly unnecessary for the 
support of the debtor or the debtor’s dependents. 
‘‘(C)(i) If the debtor has a dependent, the debtor may 
double the exemption amounts under subparagraph 
(A)(iii) unless the dependent is filing a concurrent petition 
or has filed a petition within the previous 6 years. 
‘‘(ii) The debtor may increase the amounts exempt 
under subparagraph (A)(iii) in accordance with the num-
ber of additional dependents not claimed under clause (i) 
of this subparagraph by— 
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126 
‘‘(I) 25 percent for the first additional depend-
ent; 
‘‘(II) an additional 10 percent for the second 
additional dependent; 
‘‘(III) an additional 5 percent for the third ad-
ditional dependent; and 
‘‘(IV) an additional 1 percent for each addi-
tional dependent beyond the third. 
‘‘(iii) If a debtor has been claimed as dependent 
under this subparagraph on a previous debtor’s petition 
within the past 6 years, the court may reduce the amount 
of such debtor’s exemptions under this subparagraph as 
the equities of the case require. There shall be a rebuttable 
presumption that an intervening change in family cir-
cumstances, such as separation or divorce, shall not re-
quire such a reduction. 
‘‘(iv) If a debtor has a dependent that has been 
claimed on another debtor’s petition under this subpara-
graph within the past 6 years, the court may reduce the 
amount of the debtor’s exemptions under this subpara-
graph as the equities of the case require. There shall be 
a rebuttable presumption that an intervening change in 
family circumstances, such as separation or divorce, shall 
not require such a reduction. 
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127 
‘‘(v) When claiming property as exempt from the es-
tate under this subparagraph, the debtor shall indicate on 
an official form prescribed by the Judicial Conference of 
the United States in accordance with the Federal Rules 
of Bankruptcy Procedure whether any of the debtor’s de-
pendents have filed for bankruptcy within the previous 6 
years or whether this information is unknown. 
‘‘(3)(A) The property listed in this paragraph is the 
following: 
‘‘(i) Subject to subparagraphs (B) through (E), 
any property that is exempt under Federal law, 
other than paragraph (2) of this subsection, or State 
or local law that is applicable on the date of the fil-
ing of the petition to the place in which the debtor’s 
domicile has been located for the 730 days imme-
diately preceding the date of the filing of the peti-
tion or if the debtor’s domicile has not been located 
in a single State for such 730-day period, the place 
in which the debtor’s domicile was located for 180 
days immediately preceding the 730-day period or 
for a longer portion of such 180-day period than in 
any other place. 
‘‘(ii) Any interest in property in which the debt-
or had, immediately before the commencement of the 
case, an interest as a tenant by the entirety or joint 
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128 
tenant to the extent that such interest as a tenant 
by the entirety or joint tenant is exempt from proc-
ess under applicable nonbankruptcy law. 
‘‘(iii) Retirement funds to the extent that those 
funds are in a fund or account that is exempt from 
taxation under section 401, 403, 408, 408A, 414, 
457, or 501(a) of the Internal Revenue Code of 
1986. 
‘‘(B)(i) Notwithstanding any contrary provision of 
nonbankruptcy law, the exempt amount under this para-
graph of any homestead acquired by the debtor within the 
1-year period immediately preceding the date of the filing 
of the petition shall be limited to the exempt amount of 
value of the debtor’s previous principal residence. 
‘‘(ii) If the value of the debtor’s interest in property 
claimed as a principal residence under this paragraph ex-
ceeds $1,000,000, clause (i) applies to a principal resi-
dence acquired within the 3-year period immediately pre-
ceding the date of filing of the petition. 
‘‘(C) The value of an interest in the debtor’s principal 
residence shall be reduced to the extent that such value 
is attributable to any portion of any property that the 
debtor disposed of in the 10-year period ending on the 
date of the filing of the petition with the intent to hinder, 
delay, or defraud a creditor and that the debtor could not 
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129 
exempt, or that portion that the debtor could not exempt 
under this subsection if on such date the debtor had held 
the property so disposed of. 
‘‘(D)(i) Except as provided in clause (ii) of this sub-
paragraph and sections 544 and 548, as a result of elect-
ing to exempt property under State or local law under sub-
paragraph (A)(i), a debtor may not exempt any amount 
of interest that was acquired by the debtor during the 4- 
year period preceding the date of the filing of the petition 
that exceeds in the aggregate $170,000 in value in the 
debtor’s principal residence. 
‘‘(ii)(I) The limitation under clause (i) shall not apply 
to an exemption claimed under subparagraph (A)(i) by a 
family farmer for the principal residence of such farmer. 
‘‘(II) For purposes of clause (i), any amount of such 
interest does not include any interest transferred from a 
debtor’s previous principal residence (which was acquired 
prior to the beginning of such 4-year period) into the debt-
or’s current principal residence, if the debtor’s previous 
and current residences are located in the same State. 
‘‘(E)(i) A debtor electing to exempt property under 
this paragraph may not exempt any amount of an interest 
in the debtor’s principal residence that exceeds in the ag-
gregate $170,000 if— 
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130 
‘‘(I) 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 filing 
of the case was an abuse of the provisions of this 
title; or 
‘‘(II) the debtor owes a debt arising from— 
‘‘(aa) any violation of the Federal securi-
ties laws (as defined in section 3(a)(47) of the 
Securities Exchange Act of 1934 (15 U.S.C. 
78c(a)(47))), any State securities laws, or any 
regulation or order issued under Federal securi-
ties laws or State securities laws; 
‘‘(bb) fraud, deceit, or manipulation in a 
fiduciary capacity or in connection with the 
purchase or sale of any security registered 
under section 12 or 15(d) of the Securities Ex-
change Act of 1934 (15 U.S.C. 78l, 15 U.S.C. 
78o(d)) or under section 6 of the Securities Act 
of 1933 (15 U.S.C. 77f); 
‘‘(cc) any civil remedy under section 1964 
of title 18; 
‘‘(dd) for debts arising from a violation of 
section 1979 of the Revised Statutes of the 
United States (42 U.S.C. 1983); or 
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131 
‘‘(ee) 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. 
‘‘(ii) Clause (i) shall not apply to the extent the 
amount of an interest in the debtor’s principal residence 
is reasonably necessary for the support of the debtor or 
any dependent of the debtor. 
‘‘(4)(A) For the purposes of item (kk) of paragraph 
(2)(A)(ii)(II) and clause (iii) of paragraph (3)(A), if the 
trustee, United States trustee, or court on its own motion 
objects to retirement funds’ status as exempt, and if those 
retirement funds are in a retirement fund or account that 
has received a favorable determination under section 7805 
of the Internal Revenue Code of 1986 and that determina-
tion is in effect as of the date of the filing of the petition 
in a case under this title, those funds shall be presumed 
to be exempt from the estate. 
‘‘(B) If the retirement funds are in a retirement fund 
or account that has not received a favorable determination 
under section 7805 of the Internal Revenue Code of 1986, 
those funds shall be exempt from the estate if the court 
determines that— 
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132 
‘‘(i) no prior determination to the contrary has 
been made by a court or the Internal Revenue Serv-
ice; and 
‘‘(ii)(I) the retirement fund is in substantial 
compliance with the applicable requirements of the 
Internal Revenue Code of 1986; or 
‘‘(II) the retirement fund fails to be in substan-
tial compliance with the applicable requirements of 
the Internal Revenue Code of 1986 and the debtor 
is not materially responsible for that failure. 
‘‘(5)(A) A direct transfer of retirement funds from 
1 fund or account that is exempt from taxation under sec-
tion 401, 403, 408, 408A, 414, 457, or 501(a) of the In-
ternal Revenue Code of 1986, under section 401(a)(31) 
of the Internal Revenue Code of 1986, or otherwise, shall 
not cease to qualify for exemption under item (kk) of para-
graph (2)(A)(ii)(II) or clause (iii) of paragraph (3)(A) by 
reason of such direct transfer. 
‘‘(B)(i) Any distribution that qualifies as an eligible 
rollover distribution within the meaning of section 402(c) 
of the Internal Revenue Code of 1986 or that is described 
in clause (ii) of this subparagraph shall not cease to qual-
ify for exemption under item (kk) of paragraph 
(2)(A)(ii)(II) or clause (iii) of paragraph (3)(A) by reason 
of such distribution. 
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133 
‘‘(ii) A distribution described in this clause is an 
amount that— 
‘‘(I) has been distributed from a fund or ac-
count that is exempt from taxation under section 
401, 403, 408, 408A, 414, 457, or 501(a) of the In-
ternal Revenue Code of 1986; and 
‘‘(II) to the extent allowed by law, is deposited 
in such a fund or account not later than 60 days 
after the distribution of such amount. 
‘‘(6)(A) In joint cases filed under section 302 of this 
title and individual cases filed under section 301 or 303 
of this title by or against 2 debtors who are married to 
each other, and whose estates are ordered to be jointly 
administered under the Federal Rules of Bankruptcy Pro-
cedure, the debtors shall be deemed to elect exempt prop-
erty under paragraph (2) unless they both affirmatively 
elect to exempt property under paragraph (3). 
‘‘(B) In a joint case, the residence exemptions in sub-
paragraphs (2)(A)(i) and (3)(A)(i) shall be allocated one- 
half each to each debtor. 
‘‘(C) The nonresidence exemptions in paragraphs 
(2)(A)(iii) and (3)(A)(iii) shall apply separately with re-
spect to each debtor in a joint case. 
‘‘(c) Unless the case is dismissed, property exempted 
under this section is not liable during or after the case 
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134 
for any debt of the debtor that arose, or that is determined 
under section 502 of this title as if such debt had arisen, 
before the commencement of the case, except— 
‘‘(1) a debt of a kind specified in paragraph (5) 
of section 523(a) (in which case, notwithstanding 
any provision of applicable nonbankruptcy law to the 
contrary, such property shall be liable for a debt of 
a kind specified in such paragraph); or 
‘‘(2) a debt secured by a lien that is— 
‘‘(A) not avoided under subsection (e) or 
(g) of this section or under section 544, 545, 
547, 548, or 549 of this title; and 
‘‘(B) not void under section 506(d) of this 
title. 
‘‘(d)(1) A waiver of an exemption executed in favor 
of a creditor that holds an unsecured claim against the 
debtor is unenforceable in a case under this title with re-
spect to such claim against property that the debtor may 
exempt under subsection (b). 
‘‘(2) A waiver by the debtor of a power under sub-
section (e) or (g) to avoid a transfer, under subsection (f) 
or (h) to exempt property, or under subsection (h) to re-
cover property or to preserve a transfer, is unenforceable 
in a case under this title. 
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135 
‘‘(e)(1) Notwithstanding any waiver of exemptions, 
the debtor may avoid the fixing of a lien on an interest 
of the debtor in property to the extent that such lien im-
pairs an exemption to which the debtor would have been 
entitled under subsection (b), if such lien is— 
‘‘(A) a judicial lien, other than a judicial lien 
that secures a debt of a kind that is specified in sec-
tion 523(a)(5); or 
‘‘(B) a nonpossessory, non-purchase-money se-
curity interest in any personal, family, or household 
goods or in any implements, professional books, or 
tools, of the trade of the debtor or the trade of a 
dependent of the debtor. 
‘‘(2)(A) For the purposes of this subsection, a lien 
shall be considered to impair an exemption to the extent 
that the sum of— 
‘‘(i) the lien; 
‘‘(ii) all other liens on the property; and 
‘‘(iii) the amount of the exemption that the 
debtor could claim if there were no liens on the 
property, exceeds the value that the debtor’s interest 
in the property would have in the absence of any 
liens. 
‘‘(B) In the case of a property subject to more than 
1 lien, a lien that has been avoided shall not be considered 
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136 
in making the calculation under subparagraph (A) with 
respect to other liens. 
‘‘(C) This paragraph shall not apply with respect to 
a judgment arising out of a mortgage foreclosure. 
‘‘(f) Notwithstanding sections 550 and 551 of this 
title, the debtor may exempt under subsection (b) of this 
section property that the trustee recovers under section 
510(c)(2), 542, 543, 550, 551, or 553 of this title, to the 
extent that the debtor could have exempted such property 
under subsection (b) of this section if such property had 
not been transferred, if— 
‘‘(1)(A) such transfer was not a voluntary 
transfer of such property by the debtor; and 
‘‘(B) the debtor did not conceal such property; 
or 
‘‘(2) the debtor could have avoided such trans-
fer under subsection (e)(1) of this section. 
‘‘(g) The debtor may avoid a transfer of property of 
the debtor or recover a setoff to the extent that the debtor 
could have exempted such property under subsection (f)(1) 
if the trustee had avoided such transfer, if— 
‘‘(1) such transfer is avoidable by the trustee 
under section 544, 545, 547, 548, 549, or 1041 of 
this title or recoverable by the trustee under section 
553 of this title; and 
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137 
‘‘(2) the trustee does not attempt to avoid such 
transfer. 
‘‘(h)(1) If the debtor avoids a transfer or recovers a 
setoff under subsection (e) or (g), the debtor may recover 
in the manner prescribed by, and subject to the limitations 
of, section 550 of this title, the same as if the trustee had 
avoided such transfer, and may exempt any property so 
recovered under subsection (b). 
‘‘(2) Notwithstanding section 551 of this title, a 
transfer avoided under section 544, 545, 547, 548, 549, 
or 1041 of this title, under subsection (e) or (g) of this 
section, or property recovered under section 553 of this 
title, may be preserved for the benefit of the debtor to 
the extent that the debtor may exempt such property 
under subsection (f) of this section or paragraph (1) of 
this subsection. 
‘‘(i) Notwithstanding subsections (f) and (h), the 
debtor may exempt a particular kind of property under 
subsections (f) and (h) only to the extent that the debtor 
has exempted less property in value of such kind than that 
to which the debtor is entitled under subsection (b). 
‘‘(j) Property that the debtor exempts under this sec-
tion is not liable for payment of any administrative ex-
pense except— 
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138 
‘‘(1) the aliquot share of the costs and expenses 
of avoiding a transfer of property that the debtor ex-
empts under subsection (f), or of recovery of such 
property, that is attributable to the value of the por-
tion of such property exempted in relation to the 
value of the property recovered; and 
‘‘(2) any costs and expenses of avoiding a 
transfer under subsection (e) or (g), or of recovery 
of property under subsection (h)(1), that the debtor 
has not paid. 
‘‘(k)(1)(A) The debtor shall file a list of property that 
the debtor claims as exempt under subsection (b). 
‘‘(B) If the debtor does not file such a list, a depend-
ent of the debtor may file such a list, or may claim prop-
erty as exempt from property of the estate on behalf of 
the debtor. 
‘‘(2) Unless a party in interest objects, the property 
claimed as exempt on such list is exempt.’’. 
(2) CONFORMING AMENDMENT.— 
(A) Section 349(b)(1)(B) of title 11, 
United States Code, is amended by striking 
‘‘522(i)(2),’’ and inserting ‘‘522(h)(1),’’. 
(B) Subsection (e) of section 502 of title 
11, United States Code, as so redesignated by 
subsection (aa) of this section, is amended— 
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139 
(i) 
by 
striking 
‘‘section 
522(f), 
522(h),’’ and inserting ‘‘section 522(e), 
522(g),’’; and 
(ii) by striking ‘‘section 522(i)’’ and 
inserting ‘‘section 522(h)’’. 
(gg) EXCEPTIONS TO DISCHARGE.—Section 523 of 
title 11, United States Code, is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘727, 1141, 1192 1228(a), 1228(b), 
or 1328(b)’’ and inserting 1031(a), 1141, 1192, 
1228(a), or 1228(b)’’; 
(B) in paragraph (1)(B), in the matter 
preceding clause (i), by inserting ‘‘subject to 
subsection (f),’’ before ‘‘with respect’’; 
(C) in paragraph (2)— 
(i) in subparagraph (A), by adding 
‘‘or’’ at the end; 
(ii) in subparagraph (B)(iv), by strik-
ing ‘‘or’’ at the end; and 
(iii) by striking subparagraph (C); 
(D) in paragraph (3)— 
(i) in subparagraph (A), by striking 
‘‘(4), or (6)’’ and inserting ‘‘(4), (6), or 
(7)’’; and 
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140 
(ii) in subparagraph (B), by striking 
‘‘(4), or (6)’’ and inserting ‘‘(4), (6), or 
(7)’’; 
(E) by striking paragraph (7) and insert-
ing the following: 
‘‘(7) to the extent such debt is for a fine, pen-
alty, or restitution— 
‘‘(A) that is incurred in a criminal pro-
ceeding and specifically designated as a fine, 
penalty, or restitution in the sentencing order 
upon the debtor’s conviction; 
‘‘(B) that is not— 
‘‘(i) for the cost of prosecuting the 
debtor, including the cost of public defense, 
incarceration, probation, or any diversion 
program; 
‘‘(ii) for the cost of operating the 
criminal justice system or funding govern-
ment functions; 
‘‘(iii) for the cost of collecting such 
debt; or 
‘‘(iv) a fee, surcharge, assessment, or 
interest or collection charge imposed in 
connection with such debt; and 
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142 
(H) by inserting after paragraph (8), as so 
redesignated, the following: 
‘‘(9) that was or could have been listed or 
scheduled by the debtor in a prior case concerning 
the debtor under this title in which the debtor 
waived a discharge, or was denied a discharge under 
section 727(a) (2), (3), (4), (5), (6), or (7), as in ef-
fect on the day before the date of enactment of the 
Consumer Bankruptcy Reform Act of 2024, or 
under section 1031, unless such debt was the subject 
of a written waiver of discharge and the court has 
made 
the 
determination 
required 
by 
section 
1031(b)(3)(B);’’; 
(I) by striking paragraphs (14) and (14A); 
(J) by redesignating paragraph (14B) as 
paragraph (14); 
(K) in paragraph (15), by inserting before 
the semicolon at the end ‘‘, except for a debt 
arising from an obligation to pay, or to hold a 
former spouse harmless from, joint debts in-
curred by the debtor and the debtor’s former 
spouse’’; 
(L) in paragraph (16), by inserting ‘‘and 
the debtor or the trustee possesses, occupies, or 
uses the property’’ after ‘‘such lot’’; 
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143 
(M) by striking paragraph (17); 
(N) by redesignating paragraph (18) as 
paragraph (17); and 
(O) by striking paragraph (19) and insert-
ing the following: 
‘‘(18) in a case under chapter 10, for a debt for 
compensation owed on the date of the petition to the 
debtor’s attorney under an agreement described in 
section 329(c); 
‘‘(19) for debts arising from a violation of sec-
tion 1979 of the Revised Statutes of the United 
States (42 U.S.C. 1983); or’’; 
(2) in subsection (b), by striking ‘‘(a)(1), 
(a)(3), or (a)(8)’’ and inserting ‘‘(a)(1) or (a)(3)’’; 
(3) in subsection (c), by adding at the end the 
following: 
‘‘(3) Notwithstanding subsection (a) of this section, 
the debtor shall be discharged from a debt of the kind 
specified in subsection (a)(7) of this section if the sen-
tencing order fails to separately list any fees, costs, assess-
ments or surcharges in addition to any fine, penalty, or 
restitution, and such fees, costs, assessments, or sur-
charges are authorized to be assessed under nonbank-
ruptcy law for the particular crime committed by the debt-
or, unless— 
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144 
‘‘(A) the sentencing order expressly states that 
no fees, costs, assessments or surcharges are as-
sessed against the debtor in addition to any fine, 
penalty, or restitution; or 
‘‘(B) on request of the creditor to whom such 
debt is owed, and after notice and a hearing, the 
court determines such debt shall not be discharged 
under subsection (a)(7) of this section.’’; and 
(4) by adding at the end the following: 
‘‘(f) For purposes of subparagraph (B) of subsection 
(a)(1), a return— 
‘‘(1) must satisfy the requirements of applicable 
nonbankruptcy law; 
‘‘(2) must have been filed in a manner per-
mitted by applicable nonbankruptcy law regardless 
of whether it was filed before or after any applicable 
deadline; 
‘‘(3) includes a return prepared pursuant to 
section 6020(a) of the Internal Revenue Code of 
1986, or similar State or local law, or a written stip-
ulation to a judgment entered by a nonbankruptcy 
tribunal; and 
‘‘(4) does not include a return made pursuant 
to section 6020(b) of the Internal Revenue Code of 
1986, or similar State or local law.’’. 
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145 
(hh) EFFECT OF DISCHARGE.—Section 524 of title 
11, United States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘727, 
944, 1141, 1192, 1228, or 1328’’ and inserting 
‘‘sections 727 or 1328, as in effect on the day 
before the date of enactment of the Consumer 
Bankruptcy Reform Act of 2024, or sections 
944, 1031, 1141, 1192, or 1228’’; and 
(B) in paragraph (3), by striking ‘‘1192, 
1228(a)(1), or 1328(a)(1)’’ and inserting 
‘‘1031, 
1192, 
or 
1228(a)(1), 
or 
section 
1328(a)(1), as in effect on the day before the 
date of enactment of the Consumer Bankruptcy 
Reform Act of 2024’’; 
(2) in subsection (b)(2)(B), by striking ‘‘727’’ 
and inserting ‘‘1031’’; 
(3) by striking subsection (c) and inserting the 
following: 
‘‘(c)(1) A debtor that receives a discharge under sec-
tion 1031, or section 727 or 1328, as in effect on the day 
before the date of enactment of the Consumer Bankruptcy 
Reform Act of 2024, the trustee, the United States trust-
ee, or the bankruptcy administrator may bring a civil ac-
tion against a person that knows or should know that the 
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146 
discharge injunction is applicable and has intentionally or 
negligently commenced or continued any action described 
in subsection (a). 
‘‘(2) An action under paragraph (1) shall be com-
menced not later than 1 year after the date on which the 
discharged debtor, the trustee, or the United States trust-
ee discovers that a person has commenced or continued 
any action described in subsection (a). 
‘‘(3) In an action under paragraph (1), the court may 
award relief consistent with this title if the court finds 
that a person has— 
‘‘(A) engaged in conduct in violation of this sec-
tion or of any provision of this title; or 
‘‘(B) engaged in fraudulent, unfair, deceptive, 
or abusive conduct with respect to the debtor or the 
case. 
‘‘(4) Subject to paragraph (6), in a successful action 
under paragraph (1)— 
‘‘(A) the court— 
‘‘(i) shall award to a discharged debtor in-
jured by a violation of subsection (a)— 
‘‘(I) actual damages, including dam-
ages for emotional distress; and 
‘‘(II) reasonable costs and attorneys’ 
fees; and 
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147 
‘‘(ii) if the trustee or the United States 
trustee is a prevailing party in the action, shall 
award to the trustee or the United States trust-
ee— 
‘‘(I) reasonable costs and attorney 
fees; and 
‘‘(II) a fee equal to 3 times the 
amount sought to be collected by the per-
son found to be in violation of subsection 
(a); and 
‘‘(B) the court may award punitive damages, as 
appropriate. 
‘‘(5)(A) If the court awards punitive damages under 
paragraph (4) in an action brought or joined by the trust-
ee, the court may award between 10 percent and 25 per-
cent of the punitive damages to the trustee who brought 
or joined the action. 
‘‘(B) Any punitive damages under this subsection 
shall be in addition to the compensation set out in section 
326. 
‘‘(6) If the commencement or continuation of any ac-
tion described in subsection (a) was taken by a person in 
the good faith belief that subsection (a) did not apply to 
the debt, and the action was withdrawn upon discovery 
that subsection (a) applied to the debt, the recovery shall 
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148 
be limited to actual damages, including damages for emo-
tional distress, and reasonable costs and attorneys’ fees. 
‘‘(7) Nothing in this subsection shall be construed to 
prejudice the ability to bring a motion for contempt of 
court for a violation of subsection (a). 
‘‘(8) An agreement between a holder of a claim and 
the debtor, the consideration for which, in whole or in 
part, is based on a debt that is dischargeable in a case 
under this title is voidable by the debtor. 
‘‘(9) Any pre-dispute arbitration agreement or pre- 
dispute joint-action waiver regarding an action under 
paragraph (1) is voidable by the debtor.’’; 
(4) in subsection (d)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘727, 1141, 1192, 1228, or 1328’’ 
and inserting ‘‘1031, 1141, 1192, or 1228’’; 
and 
(B) beginning in the matter preceding 
paragraph (1), by striking ‘‘If a discharge has 
been granted’’ and all that follows through the 
end of paragraph (2); 
(5) in subsection (f), by striking ‘‘(c) or’’; and 
(6) by striking subsections (k), (l), and (m) and 
inserting the following: 
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149 
‘‘(k)(1) Nothing in this section prejudices the ability 
to bring a motion for contempt of court for a violation 
of subsection (a) or any cause of action under applicable 
nonbankruptcy law. 
‘‘(2) Any pre-dispute arbitration agreement or pre- 
dispute joint-action waiver purporting to apply to such an 
action is void. 
‘‘(l) Upon an entity’s request, and after notice and 
a hearing, the court shall issue an order declaring whether 
an action proposed to be taken by the entity would be a 
violation of the discharge injunction under subsection (a). 
‘‘(m) The debtor’s failure to assert, raise, or plead 
the discharge shall not be construed to be a waiver against 
asserting the discharge.’’. 
(ii) PROTECTION AGAINST DISCRIMINATORY TREAT-
MENT.—Section 525 of title 11, United States Code, is 
amended— 
(1) in subsection (a), by striking ‘‘solely’’; 
(2) in subsection (b), in the matter preceding 
paragraph (1)— 
(A) by inserting ‘‘deny employment to,’’ 
after ‘‘may’’; and 
(B) by striking ‘‘solely’’; and 
(3) by adding at the end the following: 
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‘‘(d)(1) A person aggrieved by a violation of this sec-
tion may enforce this section in the bankruptcy case or 
by bringing a civil action in an appropriate district court 
of the United States. 
‘‘(2) To remedy a violation of this section, a court 
may— 
‘‘(A) award damages including back pay; 
‘‘(B) grant injunctive or other equitable relief; 
and 
‘‘(C) award of costs, including attorneys’ fees, 
to an aggrieved party who prevails.’’. 
(jj) RESTRICTIONS ON DEBT RELIEF AGENCIES.— 
(1) IN
GENERAL.—Section 526 of title 11, 
United States Code, is repealed. 
(2) CONFORMING AMENDMENT.—The table of 
sections for chapter 5 of title 11, United States 
Code, is amended by striking the item relating to 
section 526. 
(kk) DISCLOSURES.— 
(1) IN
GENERAL.—Section 527 of title 11, 
United States Code, is repealed. 
(2) CONFORMING AMENDMENT.—The table of 
sections for chapter 5 of title 11, United States 
Code, is amended by striking the item relating to 
section 527. 
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(ll) REQUIREMENTS FOR DEBT RELIEF AGENCIES.— 
(1) IN
GENERAL.—Section 528 of title 11, 
United States Code, is repealed. 
(2) CONFORMING AMENDMENT.—The table of 
sections for chapter 5 of title 11, United States 
Code, is amended by striking the item relating to 
section 528. 
(mm) PROPERTY OF THE ESTATE.—Section 541 of 
title 11, United States Code, is amended— 
(1) in subsection (b)(7)— 
(A) by striking ‘‘except that such amount 
under this subparagraph shall not constitute 
disposable 
income 
as 
defined 
in 
section 
1325(b)(2); or’’ each place it appears; 
(B) in subparagraph (A)(i)(III), by adding 
‘‘or’’ at the end; and 
(C) in subparagraph (B)(i)(III), by adding 
‘‘or’’ at the end; 
(2) in subsection (c)(2), by striking the period 
at the end and inserting ‘‘, except to the extent nec-
essary to satisfy claims entitled to priority under 
section 507(a)(1).’’; and 
(3) by adding at the end the following: 
‘‘(g) Notwithstanding any contrary provision of non-
bankruptcy law, a pre-dispute arbitration agreement or 
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pre-dispute joint-action waiver entered into by the debtor 
shall not be enforceable against the bankruptcy estate or 
the debtor for matters arising in, arising under, or related 
to a case under this title.’’. 
(nn) TURNOVER OF PROPERTY TO ESTATE.— 
(1) IN
GENERAL.—Section 542 of title 11, 
United States Code, is amended— 
(A) in subsection (a)— 
(i) by striking ‘‘subsection (c) or (d)’’ 
and inserting ‘‘subsection (d), (e), or (f)’’; 
and 
(ii) by striking ‘‘shall deliver to the 
trustee’’ and inserting ‘‘shall, without any 
condition or further action by the trustee, 
the debtor, or the court, deliver promptly 
to the trustee’’; 
(B) in subsection (b), by striking ‘‘sub-
section (c) or (d)’’ and inserting ‘‘subsection 
(d), (e), or (f)’’; 
(C) by redesignating subsections (c), (d), 
and (e) as subsections (e), (f), and (g), respec-
tively; and 
(D) by adding before subsection (e), as so 
redesignated, the following: 
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‘‘(c) An entity in possession of property that the 
trustee may use, sell, or lease under section 363 of this 
title, or that the debtor may exempt under section 522 
of this title, shall have, upon delivery of such property to 
the trustee, the same rights in the property as if the entity 
remained in possession. 
‘‘(d) An entity that holds property that the trustee 
may use, sell, or lease under section 363 of this title, or 
that the debtor may exempt under section 522 of this title, 
and that is subject to a potential loss of value due to acci-
dent, casualty, or theft shall not be required to deliver 
such property to the trustee unless the party entitled to 
possession provides proof of insurance or other security 
sufficient to protect the creditor against such loss of 
value.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
549(a)(2)(A) of title 11, United States Code, is 
amended 
by 
striking 
‘‘542(c)’’ 
and 
inserting 
‘‘542(e)’’. 
(oo) LIMITATIONS ON AVOIDING POWERS.—Section 
546(a)(1)(B) of title 11, United States Code, is amended 
by striking ‘‘1104, 1163, 1202, or 1302’’ and inserting 
‘‘1001, 1104, 1163, or 1202’’. 
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‘‘(4)(A) The trustee may not avoid under paragraph 
(1) a transfer that was not made with actual intent to 
hinder, delay, or defraud. 
‘‘(B) The defendant in any action under this sub-
section has the burden of proof in pleading and proving 
that the transfer was not made with actual intent to 
hinder, delay, or defraud creditors.’’. 
(qq) LIABILITY
OF
TRANSFEREE
OF
AVOIDED 
TRANSFER.—Section 550 of title 11, United States Code, 
is amended by adding at the end the following: 
‘‘(g) The trustee may recover from a transferee the 
costs of bringing a successful avoidance action, including 
reasonable attorney fees, for the avoidance of a transfer 
under section 544(b) under— 
‘‘(1) an applicable nonbankruptcy law that pro-
hibits a transfer made with actual intent to hinder, 
delay, or defraud a creditor; 
‘‘(2) section 548(a)(1); or 
‘‘(3) section 548(e).’’. 
(rr) EXPEDITED DETERMINATION OF INTERESTS IN, 
AND ABANDONMENT OR OTHER DISPOSITION OF GRAIN 
ASSETS.—Section 557(d)(3) of title 11, United States 
Code is amended by striking ‘‘1104, 1183, 1202, and 
1302’’ and inserting ‘‘1001, 1104, 1183, and 1202’’. 
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156 
(ss) DUTIES OF TRUSTEE.—Section 704 of title 11, 
United States Code, is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘(a) The’’ and inserting 
‘‘The’’; 
(B) by striking paragraphs (3) and (10); 
and 
(C) by redesignating paragraphs (4), (5), 
(6), (7), (8), (9), (11), and (12) as paragraphs 
(3), (4), (5), (6), (7), (8), (9), and (10), respec-
tively; 
(2) by striking subsection (b); and 
(3) by striking subsection (c). 
(tt) CONVERSION.—Section 706 of title 11, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘11, 12, or 13’’ and insert-
ing ‘‘11 or 12’’; and 
(B) by striking ‘‘1112, 1208, or 1307’’ and 
inserting ‘‘1112 or 1208’’; and 
(2) in subsection (c), by striking ‘‘12 or 13’’ 
and inserting ‘‘12’’. 
(uu) DISMISSAL OF A CASE OR CONVERSION TO A 
CASE UNDER CHAPTER 11 OR 13.— 
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(1) IN
GENERAL.—Section 707 of title 11, 
United States Code is amended— 
(A) in the section heading, by striking ‘‘or 
conversion to a case under chapter 11 
or 13’’; 
(B) in subsection (a), by striking ‘‘(a) 
The’’ and inserting ‘‘The’’; 
(C) by striking subsection (b); and 
(D) by striking subsection (c). 
(2) CONFORMING 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.’’. 
(vv) REDEMPTION.— 
(1) IN
GENERAL.—Section 722 of title 11, 
United States Code, is repealed. 
(2) CONFORMING AMENDMENT.—The table of 
sections for chapter 7 of title 11, United States 
Code, is amended by striking the item relating to 
section 722. 
(ww) DISTRIBUTION
OF PROPERTY
OF
THE ES-
TATE.—Section 726(b) of title 11, United States Code, is 
amended by striking ‘‘1112, 1208, or 1307’’ and inserting 
‘‘1005, 1053(c), 1112, or 1208’’. 
(xx) DISCHARGE.— 
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158 
(1) IN
GENERAL.—Section 727 of title 11, 
United States Code, is repealed. 
(2) CONFORMING AMENDMENT.—The table of 
sections for chapter 7 of title 11, United States 
Code, is amended by striking the item relating to 
section 727. 
(yy) DUTIES OF TRUSTEE AND EXAMINER.—Section 
1106 of title 11, United States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘para-
graphs (2), (5), (7), (8), (9), (10), (11), and 
(12) of section 704(a)’’ and inserting ‘‘para-
graphs (2), (4), (6), (7), (8), (9), and (10) of 
section 704’’; and 
(B) in paragraph (5), by striking ‘‘7, 12, 
or 13’’ and inserting ‘‘7, 10, or 12’’; and 
(2) in subsection (c)(1)(C), by striking clause 
(iv) and inserting the following: 
‘‘(iv) the name of each creditor that 
holds a claim that is not discharged under 
paragraph (2) or (4) of section 523(a) of 
this title.’’. 
(zz) CONVERSION OR DISMISSAL.—Section 1112 of 
title 11, United States Code, is amended— 
(1) in subsection (a)— 
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(A) in paragraph (2), by striking ‘‘or’’; 
(B) in paragraph (3), by striking the pe-
riod at the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(4) the debtor is an individual.’’; 
(2) in subsection (b)(1), by inserting ‘‘in a case 
in which the debtor is not an individual,’’ after ‘‘sub-
section (c),’’; 
(3) in subsection (d), by striking ‘‘12 or 13’’ 
and insert ‘‘10 or 12’’; 
(4) by redesignating subsection (f) as sub-
section (g); and 
(5) by inserting after subsection (e), the fol-
lowing: 
‘‘(f) The debtor may convert a case under this chap-
ter to a case under chapter 10 of this title at any time. 
Any waiver of the right to convert under this subsection 
is unenforceable.’’. 
(aaa) PROPERTY OF THE ESTATE.—Section 1115(a) 
of title 11, United States Code, is amended by striking 
‘‘7, 12, or 13’’ each place it appears and inserting ‘‘10 
or 12’’. 
(bbb) CONTENTS OF PLAN.—Section 1123(a)(8) of 
title 11, United States Code, is amended by striking ‘‘for 
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the execution of the plan.’’ and inserting ‘‘for the debtor 
to meet the minimum payment obligation of the debtor.’’. 
(ccc) 
CONFIRMATION
OF
PLAN.—Section 
1129(a)(15)(B) of title 11, United States Code, is amend-
ed by striking ‘‘the projected disposable income’’ and all 
that follows through ‘‘whichever is longer’’ and inserting 
‘‘the minimum payment obligation of the debtor under a 
repayment plan under section 1021(a)(1) if the case were 
a case under chapter 10’’. 
(ddd) EFFECT OF CONFIRMATION.—Section 1141(d) 
of title 11, United States Code, is amended— 
(1) in paragraph (3)(C)— 
(A) by striking ‘‘section 727(a)’’ and in-
serting ‘‘section 1031’’; and 
(B) by striking ‘‘chapter 7’’ and inserting 
‘‘chapter 10’’; and 
(2) in paragraph (5)— 
(A) in subparagraph (A), by adding ‘‘and’’ 
at the end; 
(B) in subparagraph (B)(iii), by striking ‘‘; 
and’’ at the end and inserting a period; and 
(C) by striking subparagraph (C). 
(eee) TRUSTEE.—Section 1183(b) of title 11, United 
States Code, is amended— 
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(1) in paragraph (1), by striking ‘‘paragraphs 
(2), (5), (6), (7), and (9) of section 704(a)’’ and in-
serting ‘‘paragraphs (2), (4), (5), (6), and (8) of sec-
tion 704’’; 
(2) 
in 
paragraph 
(5)(A), 
by 
striking 
‘‘704(a)(8)’’ and inserting ‘‘704(7)’’; and 
(3) in paragraph (6), by striking ‘‘704(c)’’ and 
inserting ‘‘1001(b)(5)’’. 
(fff) PROPERTY OF THE ESTATE.—Section 1186(a) 
of title 11, United States Code, is amended by striking 
‘‘7, 12, or 13’’ each place it appears and inserting ‘‘7, 
10, or 12’’. 
(ggg) TRUSTEE.—Section 1202 of title 11 United 
States Code, is amended— 
(1) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘sections 
704(a)(2), 704(a)(3), 704(a)(5), 704(a)(6), 
704(a)(7), and 704(a)(9)’’ and inserting ‘‘para-
graphs (2), (3), (4), (5), (6), and (8) of section 
704’’; and 
(B) 
in 
paragraph 
(5), 
by 
striking 
‘‘704(a)(8)’’ and inserting ‘‘704(7)’’; and 
(2) in subsection (c)(1)(C), by striking clause 
(iv) and inserting the following: 
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162 
‘‘(iv) the name of each creditor that 
holds a claim that is not discharged under 
paragraph (2) or (4) of section 523(a) of 
this title.’’. 
(hhh) CONVERSION OR DISMISSAL.—Section 1208 of 
title 11, United States Code, is amended— 
(1) in subsection (a) by striking ‘‘7 of’’ and in-
serting ‘‘7 or 10 of’’; and 
(2) in subsection (b) by striking ‘‘or 1112’’ and 
inserting ‘‘, 1005, 1053(c), or 1112’’. 
(iii) DISCHARGE.—Section 1228 of title 11, United 
States Code, is amended by striking subsection (f). 
SEC. 105. DATA COLLECTION. 
Section 159 of title 28, United States Code, is 
amended by striking subsections (a), (b), and (c) and in-
serting the following: 
‘‘(a)(1) When a case is filed under chapter 10 of title 
11, each debtor in the case may file with the court the 
following information about the debtor: 
‘‘(A) Marital status. 
‘‘(B) Age. 
‘‘(C) Sex. 
‘‘(D) Race. 
‘‘(E) Ethnicity. 
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163 
‘‘(2) The Attorney General, in consultation with the 
Consumer Bankruptcy Ombuds of the Bureau of Con-
sumer Financial Protection and the Director of the Ad-
ministrative Office of the United States Courts (referred 
to in this section as the ‘Director’), shall prescribe a 
standard form for the collection of the information de-
scribed in paragraph (1). 
‘‘(3) Any information collected, stored, received, or 
published under paragraph (1) shall— 
‘‘(A) be so collected, stored, received, or pub-
lished in a manner that protects the privacy of indi-
viduals whose information is included in such data; 
‘‘(B) be de-identified or anonymized in a man-
ner that protects the identity of all individuals whose 
information is included in such data; and 
‘‘(C) be limited in use for the purpose of identi-
fying and addressing disparities in the bankruptcy 
system and be protected from all other internal use 
by any entity that collects, stores, or receives the in-
formation and from any other inappropriate uses. 
‘‘(4) Any information collected under paragraph 
(1)— 
‘‘(A) shall not be part of the public record of 
the bankruptcy case; and 
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164 
‘‘(B) shall be maintained in a nonpublic record 
by the court to fulfill its duties under subsection (b). 
‘‘(b)(1) The clerk of the district court, or the clerk 
of the bankruptcy court if one is certified pursuant to sec-
tion 156(b), shall collect information regarding individual 
debtors seeking relief under chapter 10 of title 11. 
‘‘(2) The information collected pursuant to paragraph 
(1) shall be in a standardized format prescribed by the 
Director so that the Director may fulfill the duties in sub-
section (c). 
‘‘(c)(1) In this subsection, the term ‘qualified re-
searcher’ means a person who has undertaken to protect 
the confidentiality and privacy of the information in the 
database in a protocol that has been reviewed and ap-
proved by an institutional review board that is estab-
lished— 
‘‘(A) to protect the rights and welfare of human 
subjects participating in scientific research; and 
‘‘(B) in accordance with the requirements es-
tablished under part 46 of title 45, Code of Federal 
Regulations, or any successor thereto. 
‘‘(2) The Director shall— 
‘‘(A) compile statistical tables from the infor-
mation described in subsections (a)(1) and (b) and 
make the tables available to the public; 
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165 
‘‘(B) not later than July 1, 2026, and annually 
thereafter, prepare and submit to Congress a report 
concerning the information collected under sub-
sections (a) and (b) that contains an analysis of the 
information; and 
‘‘(C) not later than December 31, 2026, and 
each calendar year thereafter, make available to— 
‘‘(i) qualified researchers an electronic 
database containing the information collected 
under subsections (a) and (b) or used to create 
the compilation required under this subsection; 
and 
‘‘(ii) the public an electronic database con-
taining the information collected under sub-
section (b) or used to create the compilation re-
quired by this subsection. 
‘‘(d) The compilation required under subsection (c) 
shall— 
‘‘(1) be presented in the aggregate and for each 
judicial district and division; and 
‘‘(2) include information concerning— 
‘‘(A) the total assets and total liabilities of 
the debtors and in each category of assets and 
liabilities, as reported in the schedules pre-
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166 
scribed pursuant to section 2075 and filed by 
debtors; 
‘‘(B) the current monthly income of debt-
ors as reported on the schedules and statements 
that each debtor files under section 521 of title 
11; 
‘‘(C) the total compensation the debtors 
promised to pay to an attorney, the amount of 
the compensation paid to an attorney before fil-
ing, and the total number of cases in which a 
wage garnishment order or electronic funds 
transfer order was entered to pay an attorney; 
‘‘(D) the total number of dependents of the 
debtors and the total number of dependents of 
the debtors under the age of 18; 
‘‘(E) whether the debtors had an owner-
ship interest in real estate that served as the 
debtors’ principal residence; 
‘‘(F) whether the debtors had an owner-
ship interest in real estate other than that 
served as the debtors’ principal residence; 
‘‘(G) the minimum payment obligation of 
the debtors as determined under section 
101(54) of title 11; 
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167 
‘‘(H) whether the debtors filed a repay-
ment plan, a residence plan, or a property plan; 
and 
‘‘(I) the average period of time between the 
date of the filing of the petition and the closing 
of the case for cases closed during the reporting 
period. 
‘‘(e) The Director may add other information to the 
compilations and databases required by this section that 
improve the understanding of the causes of bankruptcy 
and the functioning of the bankruptcy system.’’. 
SEC. 106. ELECTRONIC SIGNATURES. 
(a) ELECTRONIC SIGNATURE DEFINED.—In this sec-
tion, the term ‘‘electronic signature’’ has the meaning 
given the term in section 106 of the Electronic Signatures 
in Global and National Commerce Act (15 U.S.C. 7006). 
(b) ELECTRONIC SIGNATURES ALLOWED.—A signa-
ture required for a filing in a case under title 11, United 
States Code, may not be denied legal effect, validity, or 
enforceability solely because it is an electronic signature. 
(c) 
ORIGINAL
ELECTRONIC
SIGNATURES
AL-
LOWED.—In a case under title 11, United States Code, 
an original signature may be an electronic signature. 
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168 
SEC. 107. JUDICIAL EDUCATION. 
The Director of the Federal Judicial Center, in con-
sultation with the Director of the Executive Office for 
United States Trustees, shall develop materials and con-
duct training that may be useful to courts in implementing 
this Act and the amendments made by this Act. 
SEC. 108. CONFORMING AMENDMENTS TO OTHER LAWS. 
(a) BANKRUPTCY ABUSE AND CONSUMER PROTEC-
TION ACT OF 2005.— 
(1) AUDIT PROCEDURES.—Section 603 of the 
Bankruptcy Abuse Prevention and Consumer Pro-
tection Act of 2005 (28 U.S.C. 586 note) is amend-
ed— 
(A) by striking subsections (a) and (b); 
and 
(B) by redesignating subsections (c), (d), 
and (e) as subsections (a), (b), and (c), respec-
tively. 
(2) JUDICIAL EDUCATION.—Section 1226 of the 
Bankruptcy Abuse Prevention and Consumer Pro-
tection Act of 2005 (11 U.S.C. 101 note) is re-
pealed. 
(3) TAX DOCUMENTS.—Section 1228(b) of the 
Bankruptcy Abuse Prevention and Consumer Pro-
tection Act of 2005 (11 U.S.C. 521 note) is re-
pealed. 
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169 
(b) CONSOLIDATED FARM AND RURAL DEVELOP-
MENT ACT.—Section 373(b)(2)(A)(ii) of the Consolidated 
Farm 
and 
Rural 
Development 
Act 
(7 
U.S.C. 
2008h(b)(2)(A)(ii)) is amended by striking ‘‘chapters 11, 
12, or 13’’ and inserting ‘‘chapter 10, 11, or 12’’. 
(c) CONSUMER CREDIT PROTECTION ACT.—Section 
303(b)(1)(B) of the Consumer Credit Protection Act (15 
U.S.C. 1673(b)(1)(B)) is amended by striking ‘‘any order 
of any court of bankruptcy under chapter XIII of the 
Bankruptcy Act.’’ and inserting ‘‘any order of any court 
of the United States having jurisdiction over cases under 
title 11; and’’. 
(d) HIGHER EDUCATION ACT
OF 1965.—Section 
437(b) of the Higher Education Act of 1965 (20 U.S.C. 
1087(b)) is amended— 
(1) in paragraph (1), by striking ‘‘chapter 12 or 
13’’ and inserting ‘‘chapter 10 or 12’’; 
(2) in paragraph (2), by striking ‘‘chapter 7 or 
11’’ and inserting ‘‘chapter 10, 11, or 12’’; and 
(3) in paragraph (3), by striking ‘‘chapter 7 or 
11’’ and inserting ‘‘chapter 10, 11, or 12’’. 
(e) HOUSING
AND
COMMUNITY
DEVELOPMENT 
AMENDMENTS
OF 1978.—Section 201(l)(2)(C) of the 
Housing and Community Development Amendments of 
1978 (12 U.S.C. 1715z–1a(l)(2)(C)) is amended by strik-
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ing ‘‘727, 1141, or 1328(b)’’ and inserting ‘‘1031, 1141, 
or 1192’’. 
(f) INTERNAL REVENUE CODE OF 1986.—The Inter-
nal Revenue Code of 1986 is amended— 
(1) in section 1398— 
(A) in subsection (a), by striking ‘‘chapter 
7 (relating to liquidation) or chapter 11 (relat-
ing to reorganizations)’’ and inserting ‘‘chapter 
10, chapter 11, or chapter 12’’; 
(B) in subsection (b)(1), by striking ‘‘chap-
ter 7 or 11’’ and inserting ‘‘chapter 7 or 10’’; 
and 
(C) in subsection (e)(1)— 
(i) by striking the second sentence; 
(ii) by striking ‘‘The gross income’’ 
and inserting the following: 
‘‘(A) GROSS INCOME.—Subject to subpara-
graph (B), the gross income’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(B) 
LIMITATION.—Subparagraph 
(A) 
shall not apply to any amount received or ac-
crued by the debtor before the commencement 
date. 
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‘‘(C) 
INCOME
AFTER
COMMENCEMENT 
DATE.—In a proceeding under chapter 10 of 
title 11, United States Code, and for purposes 
of subparagraph (A), the estate shall have no 
interest in any income earned by the debtor 
after the commencement date, including income 
used to satisfy the minimum payment obligation 
(as defined in section 101 of title 11, United 
States Code). 
‘‘(D) COMMENCEMENT DATE DEFINED.— 
In this subsection, the term ‘commencement 
date’ has the meaning given the term in sub-
section (d)(3).’’; 
(2) in section 6327— 
(A) by striking paragraph (4); and 
(B) by redesignating paragraph (5) and 
(6) as paragraphs (4) and (5), respectively; and 
(3) in section 7437— 
(A) by striking paragraph (4); and 
(B) by redesignating paragraphs (5), (6), 
(7), (8), and (9) as paragraphs (4), (5), (6), 
(7), and (8), respectively. 
(g) TITLE 28.—Title 28, United States Code, is 
amended— 
(1) in section 157(b)(2)— 
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(A) in subparagraph (B), by striking 
‘‘chapter 11, 12, or 13’’ and inserting ‘‘chapter 
10, 11, or 12’’; 
(B) in subparagraph (O), by striking 
‘‘and’’ at the end; 
(C) in subparagraph (P), by striking the 
period at the end and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(Q) proceedings to enforce rights under 
sections 524 or 525 of title 11.’’; 
(2) in section 589b— 
(A) in subsection (a)(1), by striking ‘‘chap-
ters 7, 12, and 13’’ and inserting ‘‘chapters 7, 
10, and 12’’; and 
(B) in subsection (d)— 
(i) in the matter preceding paragraph 
(1), by striking ‘‘chapters 7, 12, and 13’’ 
and inserting ‘‘chapters 7, 10, and 12’’; 
(ii) in paragraph (5), by striking ‘‘, 
including for use under section 707(b), ac-
tual costs of administering cases under 
chapter 13 or chapter 11’’; and 
(iii) in the matter following paragraph 
(8), by striking ‘‘chapters 12 and 13’’ and 
inserting ‘‘chapters 10 and 12’’; and 
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173 
(3) in section 3014(a)(1), by striking ‘‘section 
522(d)’’ and inserting ‘‘section 522(b)’’. 
(h) TITLE 38.—Section 3732(a)(2)(B) of title 38, 
United States Code, is amended by striking ‘‘1322(b)’’ 
and inserting ‘‘1022(b)’’. 
TITLE 
II—CONSUMER 
FINAN-
CIAL 
PROTECTION 
AMEND-
MENTS 
SEC. 201. AMENDMENTS TO THE CONSUMER FINANCIAL 
PROTECTION ACT OF 2010. 
(a) CONSUMER BANKRUPTCY OMBUDS.— 
(1) IN
GENERAL.—The Consumer Financial 
Protection Act of 2010 (12 U.S.C. 5481 et seq.) is 
amended by inserting after section 1035 (12 U.S.C. 
5535) the following: 
‘‘SEC. 1035A. CONSUMER BANKRUPTCY OMBUDS. 
‘‘(a) ESTABLISHMENT.—The Director, in consulta-
tion with the Attorney General, shall designate a Con-
sumer Bankruptcy Ombuds (in this section referred to as 
the ‘Ombuds’) within the Bureau, to provide timely assist-
ance to individual debtors in bankruptcy. 
‘‘(b) PUBLIC INFORMATION.—The Director and the 
Attorney General and the bankruptcy clerks appointed 
under section 156(b) of title 11, United States Code, shall 
disseminate information about the availability and func-
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174 
tions of the Ombuds to individual debtors in bankruptcy 
and consumer bankruptcy attorneys and consumer credit 
counseling agencies. 
‘‘(c) FUNCTIONS OF OMBUDS.—The Ombuds des-
ignated under this subsection shall— 
‘‘(1) in accordance with regulations of the Di-
rector, receive, review, and attempt to resolve infor-
mally complaints from individual debtors in bank-
ruptcy, including, as appropriate, attempts to resolve 
such complaints in collaboration with creditors, the 
United States Trustee Program of the Department 
of Justice, trustees in bankruptcy, the bankruptcy 
clerks appointed under section 156(b) of title 11, 
United States Code, and consumer privacy ombuds-
men and future claims representatives appointed in 
bankruptcy; 
‘‘(2) not later than 90 days after the date of 
enactment of this section, establish a memorandum 
of understanding with the Executive Office of the 
United States Trustee Program, to ensure coordina-
tion in providing assistance to and serving individual 
debtors in bankruptcy seeking to resolve complaints 
related to their bankruptcy cases; 
‘‘(3) compile and analyze data on consumer 
bankruptcy filings, including on the causes of indi-
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vidual bankruptcy filings, the relationship between 
consumer bankruptcy filings and consumer financial 
products and services, and any disparities in the 
bankruptcy system, including any disparities based 
on the demographic categories described in section 
159(a)(1) of title 28, United States Code; 
‘‘(4) compile and analyze data on complaints 
from individual debtors in bankruptcy; 
‘‘(5) make recommendations to the Director 
and the Attorney General regarding the filing of 
amicus curiae briefs and making appearances in in-
dividual bankruptcy cases, particularly in the cases 
involving repeat patterns of creditor behavior; 
‘‘(6) consult with the Director of the Adminis-
trative Office of the United States Courts regarding 
the duties of that officer under section 159 of title 
28, United States Code, regarding data collection 
and reporting; and 
‘‘(7) make other appropriate recommendations 
to the Director, the Attorney General, the Com-
mittee on Banking, Housing, and Urban Affairs and 
the Committee on the Judiciary of the Senate and 
the Committee on Financial Services and the Com-
mittee on Judiciary of the House of Representatives. 
‘‘(d) ANNUAL REPORTS.— 
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‘‘(1) IN GENERAL.—The Ombuds shall prepare 
an annual report that describes the activities, and 
evaluates the effectiveness, of the Ombuds during 
the preceding year. 
‘‘(2) SUBMISSION.—The report required under 
paragraph (1) shall be submitted on the same date 
annually to the Attorney General, the Committee on 
Banking, Housing, and Urban Affairs and the Com-
mittee on the Judiciary of the Senate and the Com-
mittee on Financial Services and the Committee on 
the Judiciary of the House of Representatives.’’. 
(2) TECHNICAL
AMENDMENT.—The table of 
contents in section 1(b) of the Dodd-Frank Wall 
Street Reform and Consumer Protection Act (12 
U.S.C. 5301 note) is amended by inserting after the 
item relating to section 1035 the following new item: 
‘‘Sec. 1035A. Consumer Bankruptcy Ombuds.’’. 
(b) SUPERVISION OF HIGHER COST LENDERS.—Sec-
tion 1024(a)(1)(E) of the Consumer Financial Protection 
Act of 2010 (12 U.S.C. 5514(a)(1)(E)) is amended by 
striking ‘‘a payday loan’’ and inserting ‘‘a loan with an 
annual percentage rate of greater than 36 percent, as de-
termined under section 987(i)(4) of title 10, United States 
Code’’. 
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177 
(c) VIOLATIONS OF DISCHARGE INJUNCTION.—Sec-
tion 1036(a) of the Consumer Financial Protection Act 
of 2010 (12 U.S.C. 5536(a)), is amended— 
(1) in paragraph (2)(C), by striking ‘‘or’’ at the 
end; 
(2) in paragraph (3), by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(4) to violate section 524(a) of title 11, United 
States Code, in a case involving an individual debt-
or.’’. 
(d) AUTHORITY TO EXERCISE SUPERVISION
AND 
ENFORCEMENT AUTHORITY REGARDING BANKRUPTCY 
LAW.— 
(1) DEFINITIONS.—Section 1002(12) of the 
Consumer Financial Protection Act of 2010 (12 
U.S.C. 5481(12)) is amended— 
(A) in subparagraph (Q), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (R), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(S) title 11, United States Code, with re-
spect to individual debtors.’’. 
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(2) EXCEPTION
FROM
RULEMAKING.—Section 
1022 of the Consumer Financial Protection Act of 
2010 (12 U.S.C. 5512) is amended— 
(A) by inserting ‘‘(except title 11, United 
States Code)’’ after ‘‘Federal consumer finan-
cial law’’ each place the term appears; and 
(B) by inserting ‘‘(except title 11, United 
States Code)’’ after ‘‘Federal consumer finan-
cial laws’’ each place the term appears. 
(e) AVERAGE PRIME OFFER RATE FOR MOTOR VE-
HICLE FINANCINGS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, and not less fre-
quently than monthly thereafter, the Bureau of Con-
sumer Financial Protection shall publish on the 
website of the Bureau of Consumer Financial Pro-
tection the following information with respect to 
motor vehicle financing: 
(A) The current (as of the date of publica-
tion) average prime offer rate for that type of 
financing, including the provision of that fi-
nancing through retail installment sales con-
tracts. 
(B) The most common duration of that 
type of financing. 
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(C) Rate structures for financings for the 
purchase of new and used light motor vehicles 
that are used primarily for personal, family, or 
household use. 
(2) DATA COLLECTION.—In carrying out para-
graph (1), the Bureau of Consumer Financial Pro-
tection may engage in the collection of information 
without regard to chapter 35 of title 44, United 
States Code. 
SEC. 202. AMENDMENTS TO THE TRUTH IN LENDING ACT. 
Section 130 of the Truth in Lending Act (15 U.S.C. 
1640) is amended— 
(1) in subsection (a)(2)— 
(A) in subparagraph (A)— 
(i) in clause (ii)— 
(I) by striking ‘‘$200’’ and in-
serting ‘‘$1,600’’; and 
(II) by striking ‘‘$2,000’’ and in-
serting ‘‘$16,000’’; 
(ii) in clause (iii)— 
(I) by striking ‘‘$500’’ and in-
serting ‘‘$4,000’’; and 
(II) by striking ‘‘$5,000’’ and in-
serting ‘‘$40,000’’; and 
(iii) in clause (vi)— 
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(I) by striking ‘‘$400’’ and in-
serting ‘‘$3,200’’; and 
(II) by striking ‘‘$4,000’’ and in-
serting ‘‘$32,000’’; and 
(B) in subparagraph (B), by striking ‘‘less-
er of $1,000,000 or 1’’ and inserting ‘‘greater 
of $8,000,000 or 5’’; and 
(2) by adding at the end the following: 
‘‘(m) ADJUSTMENTS.—On April 1, 2026, and each 
April 1 thereafter, each dollar amount in effect under sub-
section (a) on the day before such April 1 shall be ad-
justed— 
‘‘(1) to reflect the change in the Consumer 
Price Index for All Urban Consumers, published by 
the Department of Labor, for the most recent period 
ending immediately before January 1 preceding such 
April 1; and 
‘‘(2) to round to the nearest $25 the dollar 
amount that represents the change described in 
paragraph (1).’’. 
SEC. 203. AMENDMENTS TO THE FAIR CREDIT REPORTING 
ACT. 
The Fair Credit Reporting Act (15 U.S.C. 1681 et 
seq.) is amended— 
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(1) in section 605(a) (15 U.S.C. 1681c(a)), by 
striking paragraph (1) and inserting the following: 
‘‘(1) Cases under title 11, United States Code, 
that, from the date of entry of the order for relief, 
antedate the report by more than 7 years.’’; and 
(2) in section 616 (15 U.S.C. 1681n)— 
(A) in subsection (a)(1)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘$100’’ and in-
serting ‘‘$700’’; and 
(II) by striking ‘‘$1,000’’ and in-
serting ‘‘$7,000’’; and 
(ii) in subparagraph (B), by striking 
‘‘$1,000’’ and inserting ‘‘$7,000’’; 
(B) in subsection (b), by striking ‘‘$1,000’’ 
and inserting ‘‘$7,000’’; and 
(C) by adding at the end the following: 
‘‘(e) ADJUSTMENT.—On April 1, 2026, and each 
April 1 thereafter, each dollar amount in effect under sub-
sections (a) and (b) on the day before such April 1 shall 
be adjusted— 
‘‘(1) to reflect the change in the Consumer 
Price Index for All Urban Consumers, published by 
the Department of Labor, for the most recent period 
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182 
ending immediately before January 1 preceding such 
April 1; and 
‘‘(2) to round to the nearest $25 the dollar 
amount that represents the change described in 
paragraph (1).’’. 
SEC. 204. AMENDMENTS TO THE EQUAL CREDIT OPPOR-
TUNITY ACT. 
The Equal Credit Opportunity Act (15 U.S.C. 1691 
et seq.) is amended— 
(1) 
in 
section 
701(a)(1) 
(15 
U.S.C. 
1691(a)(1)), by inserting ‘‘sexual orientation, gender 
identity, familial status,’’ after ‘‘status,’’; and 
(2) in section 706 (15 U.S.C. 1691e)— 
(A) in subsection (b), by striking— 
(i) 
‘‘$10,000’’ 
and 
inserting 
‘‘$60,000’’; and 
(ii) ‘‘500,000 or 1’’ and inserting 
‘‘$5,000,000 or 5’’; and 
(B) by adding at the end the following: 
‘‘(l) ADJUSTMENT.—On April 1, 2026, and each 
April 1 thereafter, each dollar amount in effect under sub-
section (b) on the day before such April 1 shall be ad-
justed— 
‘‘(1) to reflect the change in the Consumer 
Price Index for All Urban Consumers, published by 
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183 
the Department of Labor, for the most recent period 
ending immediately before January 1 preceding such 
April 1; and 
‘‘(2) to round to the nearest $25 the dollar 
amount that represents the change described in 
paragraph (1).’’. 
SEC. 205. AMENDMENTS TO THE FAIR DEBT COLLECTION 
PRACTICES ACT. 
The Fair Debt Collection Practices Act (15 U.S.C. 
1692 et seq.) is amended— 
(1) in section 803(6) (15 U.S.C. 1692a(6)), in 
the third sentence, by inserting ‘‘against personal 
property’’ before the period at the end; 
(2) in section 808 (15 U.S.C. 1692f), by adding 
at the end the following: 
‘‘(9) Filing a lawsuit or a claim in a bankruptcy 
case that is based on a debt without an actual, rea-
sonable, good-faith belief that the applicable statute 
of limitations for enforcement of that debt has not 
expired at the time of filing. 
‘‘(10) Any act to knowingly collect or attempt 
to collect a debt that has been discharged in bank-
ruptcy except acceptance of a purely voluntary pay-
ment of the debtor without encouragement or coer-
cion by the debt collector.’’; and 
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(3) in section 813 (15 U.S.C. 1692k)— 
(A) in subsection (a)(2)— 
(i) in subparagraph (A), by striking 
‘‘$1,000’’ and inserting ‘‘$5,000’’; and 
(ii) in subparagraph (B), by striking 
‘‘lesser of $500,000 or 1’’ and inserting 
‘‘greater of $5,000,000 or 5’’; and 
(B) by adding at the end the following: 
‘‘(f) On April 1, 2026, and each April 1 thereafter, 
each dollar amount in effect under paragraph (a)(2) on 
the day before such April 1 shall be adjusted— 
‘‘(1) to reflect the change in the Consumer 
Price Index for All Urban Consumers, published by 
the Department of Labor, for the most recent period 
ending immediately before January 1 preceding such 
April 1; and 
‘‘(2) to round to the nearest $25 the dollar 
amount that represents the change described in 
paragraph (1).’’. 
SEC. 206. AMENDMENTS TO THE ELECTRONIC FUND 
TRANSFERS ACT. 
Section 916 of the Electronic Fund Transfers Act 
(15 U.S.C. 1693m) is amended— 
(1) in subsection (a)(2)— 
(A) in subparagraph (A)— 
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(i) by striking ‘‘$100’’ and inserting 
‘‘$500’’; and 
(ii) by striking ‘‘$1,000’’ and insert-
ing ‘‘$5,000’’; and 
(B) in subparagraph (B)(ii), by striking 
‘‘lesser of $500,000 or 1’’ and inserting ‘‘great-
er of $5,000,000 or 5’’; and 
(2) by adding at the end the following: 
‘‘(h) On April 1, 2026, and each April 1 thereafter, 
each dollar amount in effect under paragraph (a)(2) on 
the day before such April 1 shall be adjusted— 
‘‘(1) to reflect the change in the Consumer 
Price Index for All Urban Consumers, published by 
the Department of Labor, for the most recent period 
ending immediately before January 1 preceding such 
April 1; and 
‘‘(2) to round to the nearest $25 the dollar 
amount that represents the change described in 
paragraph (1).’’. 
TITLE III—BANKRUPTCY RULES 
SEC. 301. RULES ENABLING ACT AMENDMENTS. 
(a) IN GENERAL.—Notwithstanding the third undes-
ignated paragraph of section 2075 of title 28, United 
States Code, the Supreme Court of the United States may 
prescribe by general rules, the forms of process, writs, 
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186 
pleadings, and motions, and the practice and procedure 
in cases under title 11, United States Code, as may be 
necessary to carry out this Act before the effective date 
of this Act. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
Section 2075 of title 28, United States Code, is amended 
by striking the fourth undesignated paragraph. 
(c) PLAIN WRITING.—In drafting the form required 
by section 1031(d) of title 11, as added by this Act, the 
Judicial Conference of the United States shall comply with 
the requirements under the Plain Writing Act of 2010 (5 
U.S.C. 301 note). 
SEC. 302. BANKRUPTCY RULES AMENDMENTS. 
Rule 7004 of the Federal Rules of Bankruptcy Proce-
dure is amended by striking subdivision (h). 
SEC. 303. SENSE OF CONGRESS. 
It is the sense of Congress that the Judicial Con-
ference of the United States should— 
(1) promulgate a simplified version of the 
schedule of current income and current expenditures 
required under section 521(a)(1)(B)(ii) of title 11, 
United States Code for debtors who, by virtue of 
section 521(c) of title 11, United States Code, are 
not subject to the documentation requirements of 
that section or the statement of annual income re-
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187 
quired by section 521(a)(1)(B)(v) of title 11, United 
States Code; and 
(2) draft rules that provide that, with respect to 
a case in which the debtor is an individual, the 
rights under section 542 of title 11, United States 
Code, may be enforced by motion. 
TITLE IV—FUNDING THE 
BANKRUPTCY SYSTEM 
SEC. 401. BANKRUPTCY FEES. 
Section 1930 of title 28, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (1)(B), by striking 
‘‘chapter 13 of title 11, $235’’ and inserting 
‘‘chapter 10 of title 11, $250’’; and 
(B) in the undesignated matter following 
paragraph (7), by striking ‘‘chapter 7, or 13 of 
title 11’’ and inserting ‘‘chapter 7 or 10 of title 
11’’; 
(2) in subsection (b), by striking the period at 
the end and inserting ‘‘, which may not include any 
additional fees for the filing of a petition under 
chapter 10 of title 11.’’; and 
(3) in subsection (f)— 
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(A) by striking paragraph (1) and insert-
ing the following: 
‘‘(1)(A) Under the procedures prescribed by the Judi-
cial Conference of the United States, the district court or 
the bankruptcy court may waive all fees payable to the 
clerk of the court in a case under chapter 10 of title 11 
for an individual if the court determines that such indi-
vidual— 
‘‘(i) has an income that is less than 150 percent 
of the official poverty line (as defined in section 673 
of the Omnibus Budget Reconciliation Act of 1981 
(42 U.S.C. 9902)) applicable to a family of the size 
of the family of the individual; and 
‘‘(ii) is unable to pay those fees in installments. 
‘‘(B) For the purpose of subparagraph (A)(ii), the 
court shall conclusively presume that the individual is un-
able to pay those fees in installments if the court deter-
mines that the individual has an income that is less than 
the official poverty line (as defined in section 673 of the 
Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 
9902)) applicable to a family of the size of the family of 
the individual.’’; and 
(B) in paragraph (2), by striking ‘‘sub-
sections (b) and (c)’’ and inserting ‘‘subsections 
(c) and (d)’’. 
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189 
SEC. 402. TRUSTEE COMPENSATION. 
(a) AMENDMENTS.—Section 586 of title 28, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (3)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘chapter 7, 11 (in-
cluding subchapter V of chapter 11), 12, 
13, or 15’’ and inserting ‘‘chapter 7, 10, 
11 (including subchapter V of chapter 11), 
12, or 15’’; and 
(ii) in subparagraph (C)— 
(I) by striking ‘‘chapters 12 and 
13 of title 11’’ and inserting ‘‘chap-
ters 10 and 12 of title 11’’; and 
(II) by striking ‘‘sections 1224, 
1229, 1324, and 1329’’ and inserting 
‘‘sections 1024, 1029, 1224, and 
1229’’; 
(B) by striking paragraph (6); and 
(C) by redesignating paragraphs (7) and 
(8) as paragraphs (6) and (7), respectively; 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b) If the number of cases under chapter 10 or 12 
of title 11 or subchapter V of chapter 11 of title 11 com-
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190 
menced in a particular region so warrants, the United 
States trustee for such region may, subject to the approval 
of the Attorney General, appoint 1 or more individuals to 
serve as standing trustee, or designate 1 or more assistant 
United States trustees to serve in cases under such chap-
ter. The United States trustee may also establish, main-
tain, and supervise a panel of private trustees that are 
eligible and available to serve as trustees in cases under 
chapter 10 of title 11. The United States trustee for such 
region shall supervise the performance of the duties of any 
such individual appointed under this subsection.’’; 
(3) in subsection (d)(1), by striking ‘‘under 
subchapter V of chapter 11 or chapter 12 or 13 of 
title 11’’ each place the term appears and inserting 
‘‘chapter 10 or 12 of title 11 or subchapter V of 
chapter 11 of title 11’’; 
(4) in subsection (e)— 
(A) in paragraph (1), in the matter pre-
ceding subparagraph (A), by striking ‘‘under 
subchapter V of chapter 11 or chapter 12 or 13 
of title 11’’ and inserting ‘‘chapter 12 of title 
11 or subchapter V of chapter 11’’; 
(B) in paragraph (2)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘under subchapter 
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191 
V of chapter 11 or chapter 12 or 13 of 
title 11’’ and inserting ‘‘chapter 12 of title 
11 or subchapter V of chapter 11 of title 
11’’; 
(ii) in subparagraph (A), by striking 
‘‘under subchapter V of chapter 11 or 
chapter 12 or 13 of title 11’’ and inserting 
‘‘chapter 12 of title 11 or subchapter V of 
chapter 11 of title 11’’; 
(iii) in subparagraph (B)(ii), by strik-
ing ‘‘subparagraph (d)(1)(B)’’ and insert-
ing ‘‘paragraph (1)(B)’’; 
(C) by redesignating paragraphs (3), (4), 
and (5) as paragraphs (5), (6), and (7), respec-
tively; and 
(D) by inserting after paragraph (2) the 
following: 
‘‘(3) The Attorney General, after consultation 
with a United States trustee that has appointed an 
individual under subsection (b) of this section to 
serve as standing trustee in cases under chapter 10 
of title 11, shall fix— 
‘‘(A) a maximum annual compensation for 
such individual consisting of— 
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‘‘(i) an amount not to exceed the 1.25 
times the highest annual rate of basic pay 
in effect for a position at level IV of the 
Executive Schedule under section 5315 of 
title 5; and 
‘‘(ii) the cash value of employment 
benefits comparable to the employment 
benefits provided by the United States to 
individuals who are employed by the 
United States at the same rate of basic 
pay to perform similar services during the 
same period of time; and 
‘‘(B) a percentage fee not to exceed 10 
percent. 
‘‘(4) An individual serving as standing trustee 
in cases under chapter 10 of title 11 shall collect 
such percentage fee from all payments received by 
such individual (including the value of property ten-
dered to such individual) under plans in such cases 
for which such individual serves as standing trustee. 
Such individual shall pay to the United States trust-
ee, and the United States trustee shall deposit in the 
United States Trustee System Fund— 
‘‘(A) any amount by which the actual com-
pensation of such individual exceeds 5 percent 
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193 
upon all payments received under repayment 
plans in such cases for which such individual 
serves as standing trustee; and 
‘‘(B) any amount by which the percentage 
fee for all such cases exceeds— 
‘‘(i) such individual’s actual com-
pensation for such cases, as adjusted under 
subparagraph (A) of paragraph (3); plus 
‘‘(ii) the actual, necessary expenses in-
curred by such individual as standing 
trustee in such cases. Subject to the ap-
proval of the Attorney General, any or all 
of the interest earned from the deposit of 
payments under repayment plans by such 
individual may be utilized to pay actual, 
necessary expenses without regard to the 
percentage limitation contained in para-
graph (3)(B) of this subsection.’’; and 
(5) by striking subsection (f). 
(b) REGULATIONS.—Not later than 1 year after the 
date of enactment of this Act, the Attorney General shall 
promulgate regulations to implement a process for sub-
stituting a trustee under section 1001 of title 11, United 
States Code, when necessary. 
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TITLE V—MISCELLANEOUS 
SEC. 501. EFFECTIVE DATE. 
The provisions of this Act and the amendments made 
by this Act shall take effect on the date that is 1 year 
after the date of enactment of this Act. 
SEC. 502. TRANSITION. 
A case commenced under title 11, United States Code 
before the date that is 1 year after the date of enactment 
of this Act, and all matters and proceedings in or relating 
to any such case, shall be conducted and determined as 
if this Act had not been enacted, and the substantive 
rights of parties in connection with any such bankruptcy 
case, matter, or proceeding shall continue to be governed 
by the law applicable to such case, matter, or proceeding 
as if the Act had not been enacted. 
SEC. 503. SEVERABILITY. 
If any provision of this Act, an amendment made by 
this Act, or the application of such provision or amend-
ment to any person or circumstance is held to be invalid 
or unconstitutional, the remainder of this Act, the amend-
ments made by this Act, and the application of such provi-
sions to any person or circumstance shall not be affected 
thereby. 
Æ 
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