court shall order the bankruptcy petition preparer to pay 
to the debtor—’’; 
(10) in subsection (j)—
(A) in paragraph (2)—
(i) in subparagraph (A)(i)(I), by strik-
ing ‘‘a violation of which subjects a person 
to criminal penalty’’; 
(ii) in subparagraph (B)—
(I) by striking ‘‘or has not paid 
a penalty’’ and inserting ‘‘has not 
paid a penalty’’; and 
(II) by inserting ‘‘or failed to dis-
gorge all fees ordered by the court’’ 
after ‘‘a penalty imposed under this 
section,’’; 
(B) by redesignating paragraph (3) as 
paragraph (4); and 
(C) by inserting after paragraph (2) the 
following: 
‘‘(3) The court, as part of its contempt power, may 
enjoin a bankruptcy petition preparer that has failed to 
comply with a previous order issued under this section. 
The injunction under this paragraph may be issued on the 
motion of the court, the trustee, or the United States 
trustee (or the bankruptcy administrator, if any).’’; and
(11) by adding at the end the following: 
‘‘(l)(1) A bankruptcy petition preparer who fails to 
comply with any provision of subsection (b), (c), (d), (e), 
(f), (g), or (h) may be fined not more than $500 for each 
such failure. 
‘‘(2) The court shall triple the amount of a fine as-
sessed under paragraph (1) in any case in which the court 
finds that a bankruptcy petition preparer—
‘‘(A) advised the debtor to exclude assets or in-
come that should have been included on applicable 
schedules; 
‘‘(B) advised the debtor to use a false Social 
Security account number; 
‘‘(C) failed to inform the debtor that the debtor 
was filing for relief under this title; or 
‘‘(D) prepared a document for filing in a man-
ner that failed to disclose the identity of the bank-
ruptcy petition preparer. 
‘‘(3) A debtor, trustee, creditor, or United States 
trustee (or the bankruptcy administrator, if any) may file 
a motion for an order imposing a fine on the bankruptcy 
petition preparer for any violation of this section. 
‘‘(4)(A) Fines imposed under this subsection in judi-
cial districts served by United States trustees shall be paid 
to the United States trustee, who shall deposit an amount
100
equal to such fines in a special account of the United 
States Trustee System Fund referred to in section 
586(e)(2) of title 28. Amounts deposited under this sub-
paragraph shall be available to fund the enforcement of 
this section on a national basis. 
‘‘(B) Fines imposed under this subsection in judicial 
districts served by bankruptcy administrators shall be de-
posited as offsetting receipts to the fund established under 
section 1931 of title 28, and shall remain available until 
expended to reimburse any appropriation for the amount 
paid out of such appropriation for expenses of the oper-
ation and maintenance of the courts of the United 
States.’’. 
SEC. 222. SENSE OF CONGRESS. 
It is the sense of Congress that States should develop 
curricula relating to the subject of personal finance, de-
signed for use in elementary and secondary schools. 
SEC. 223. ADDITIONAL AMENDMENTS TO TITLE 11, UNITED 
STATES CODE. 
Section 507(a) of title 11, United States Code, as 
amended by section 212, is amended by inserting after 
paragraph (9) the following: 
‘‘(10) Tenth, allowed claims for death or per-
sonal injury resulting from the operation of a motor 
vehicle or vessel if such operation was unlawful be-
101
cause the debtor was intoxicated from using alcohol, 
a drug, or another substance.’’. 
SEC. 224. PROTECTION OF RETIREMENT SAVINGS IN BANK-
RUPTCY. 
(a) IN GENERAL.—Section 522 of title 11, United 
States Code, is amended—
(1) in subsection (b)—
(A) in paragraph (2)—
(i) in subparagraph (A), by striking 
‘‘and’’ at the end; 
(ii) in subparagraph (B), by striking 
the period at the end and inserting ‘‘; 
and’’; 
(iii) by adding at the end the fol-
lowing: 
‘‘(C) 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.’’; and 
(iv) by striking ‘‘(2)(A) any property’’ 
and inserting: 
‘‘(3) Property listed in this paragraph is—
‘‘(A) any property’’;
102
(B) by striking paragraph (1) and insert-
ing: 
‘‘(2) Property listed in this paragraph is property 
that is specified under subsection (d), unless the State law 
that is applicable to the debtor under paragraph (3)(A) 
specifically does not so authorize.’’; 
(C) by striking ‘‘(b) Notwithstanding’’ and 
inserting ‘‘(b)(1) Notwithstanding’’; 
(D) by striking ‘‘paragraph (2)’’ each place 
it appears and inserting ‘‘paragraph (3)’’; 
(E) by striking ‘‘paragraph (1)’’ each place 
it appears and inserting ‘‘paragraph (2)’’; 
(F) by striking ‘‘Such property is—’’; and 
(G) by adding at the end the following: 
‘‘(4) For purposes of paragraph (3)(C) and sub-
section (d)(12), the following shall apply: 
‘‘(A) If the retirement funds are in a retirement 
fund that has received a favorable determination 
under section 7805 of the Internal Revenue Code of 
1986, and that determination 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 that has not received a favorable determination
103
under such section 7805, those funds are exempt 
from the estate if the debtor demonstrates that—
‘‘(i) no prior determination to the contrary 
has been made by a court or the Internal Rev-
enue Service; and 
‘‘(ii)(I) the retirement fund is in substan-
tial compliance with the applicable requirements 
of the Internal Revenue Code of 1986; or 
‘‘(II) the retirement fund fails to be in 
substantial compliance with the applicable re-
quirements of the Internal Revenue Code of 
1986 and the debtor is not materially respon-
sible for that failure. 
‘‘(C) A direct transfer of retirement funds from 
1 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, under 
section 401(a)(31) of the Internal Revenue Code of 
1986, or otherwise, shall not cease to qualify for ex-
emption under paragraph (3)(C) or subsection 
(d)(12) by reason of such direct transfer. 
‘‘(D)(i) Any distribution that qualifies as an eli-
gible rollover distribution within the meaning of sec-
tion 402(c) of the Internal Revenue Code of 1986 or 
that is described in clause (ii) shall not cease to
104
qualify for exemption under paragraph (3)(C) or 
subsection (d)(12) by reason of such distribution. 
‘‘(ii) A distribution described in this clause is 
an amount that—
‘‘(I) has been distributed from a fund or 
account that is exempt from taxation under sec-
tion 401, 403, 408, 408A, 414, 457, or 501(a) 
of the Internal Revenue Code of 1986; and 
‘‘(II) to the extent allowed by law, is de-
posited in such a fund or account not later than 
60 days after the distribution of such amount.’’; 
and 
(2) in subsection (d)—
(A) in the matter preceding paragraph (1), 
by striking ‘‘subsection (b)(1)’’ and inserting 
‘‘subsection (b)(2)’’; and 
(B) by adding at the end the following: 
‘‘(12) 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) AUTOMATIC STAY.—Section 362(b) of title 11, 
United States Code, is amended—
105
(1) in paragraph (17), by striking ‘‘or’’ at the 
end; 
(2) in paragraph (18), by striking the period 
and inserting a semicolon; and 
(3) by inserting after paragraph (18) the fol-
lowing: 
‘‘(19) under subsection (a), of withholding of 
income from a debtor’s wages and collection of 
amounts withheld, under the debtor’s agreement au-
thorizing that withholding and collection for the ben-
efit of a pension, profit-sharing, stock bonus, or 
other plan established under section 401, 403, 408, 
408A, 414, 457, or 501(c) of the Internal Revenue 
Code of 1986, that is sponsored by the employer of 
the debtor, or an affiliate, successor, or predecessor 
of such employer—
‘‘(A) to the extent that the amounts with-
held and collected are used solely for payments 
relating to a loan from a plan under section 
408(b)(1) of the Employee Retirement Income 
Security Act of 1974 or is subject to section 
72(p) of the Internal Revenue Code of 1986; or 
‘‘(B) a loan from a thrift savings plan per-
mitted under subchapter III of chapter 84 of
106
title 5, that satisfies the requirements of section 
8433(g) of such title; 
but nothing in this paragraph may be construed to 
provide that any loan made under a governmental 
plan under section 414(d), or a contract or account 
under section 403(b), of the Internal Revenue Code 
of 1986 constitutes a claim or a debt under this 
title;’’. 
(c) EXCEPTIONS TO DISCHARGE.—Section 523(a) of 
title 11, United States Code, as amended by section 215, 
is amended by inserting after paragraph (17) the fol-
lowing: 
‘‘(18) owed to a pension, profit-sharing, stock 
bonus, or other plan established under section 401, 
403, 408, 408A, 414, 457, or 501(c) of the Internal 
Revenue Code of 1986, under—
‘‘(A) a loan permitted under section 
408(b)(1) of the Employee Retirement Income 
Security Act of 1974, or subject to section 
72(p) of the Internal Revenue Code of 1986; or 
‘‘(B) a loan from a thrift savings plan per-
mitted under subchapter III of chapter 84 of 
title 5, that satisfies the requirements of section 
8433(g) of such title;
107
but nothing in this paragraph may be construed to 
provide that any loan made under a governmental 
plan under section 414(d), or a contract or account 
under section 403(b), of the Internal Revenue Code 
of 1986 constitutes a claim or a debt under this 
title; or’’. 
(d) PLAN CONTENTS.—Section 1322 of title 11, 
United States Code, is amended by adding at the end the 
following: 
‘‘(f) A plan may not materially alter the terms of a 
loan described in section 362(b)(19) and any amounts re-
quired to repay such loan shall not constitute ‘disposable 
income’ under section 1325.’’. 
(e) ASSET LIMITATION.—
(1) LIMITATION.—Section 522 of title 11, 
United States Code, is amended by adding at the 
end the following: 
‘‘(n) For assets in individual retirement accounts de-
scribed in section 408 or 408A of the Internal Revenue 
Code of 1986, other than a simplified employee pension 
under section 408(k) of such Code or a simple retirement 
account under section 408(p) of such Code, the aggregate 
value of such assets exempted under this section, without 
regard to amounts attributable to rollover contributions 
under section 402(c), 402(e)(6), 403(a)(4), 403(a)(5), and
108
403(b)(8) of the Internal Revenue Code of 1986, and 
earnings thereon, shall not exceed $1,000,000 in a case 
filed by a debtor who is an individual, except that such 
amount may be increased if the interests of justice so re-
quire.’’. 
(2) ADJUSTMENT
OF
DOLLAR
AMOUNTS.—
Paragraphs (1) and (2) of section 104(b) of title 11, 
United States Code, are amended by inserting 
‘‘522(n),’’ after ‘‘522(d),’’. 
SEC. 225. PROTECTION OF EDUCATION SAVINGS IN BANK-
RUPTCY. 
(a) EXCLUSIONS.—Section 541 of title 11, United 
States Code, is amended—
(1) in subsection (b)—
(A) in paragraph (4), by striking ‘‘or’’ at 
the end; 
(B) by redesignating paragraph (5) as 
paragraph (9); and 
(C) by inserting after paragraph (4) the 
following: 
‘‘(5) funds placed in an education individual re-
tirement account (as defined in section 530(b)(1) of 
the Internal Revenue Code of 1986) not later than 
365 days before the date of the filing of the petition 
in a case under this title, but—
109
‘‘(A) only if the designated beneficiary of 
such account was a child, stepchild, grandchild, 
or stepgrandchild of the debtor for the taxable 
year for which funds were placed in such ac-
count; 
‘‘(B) only to the extent that such funds—
‘‘(i) are not pledged or promised to 
any entity in connection with any extension 
of credit; and 
‘‘(ii) are not excess contributions (as 
described in section 4973(e) of the Internal 
Revenue Code of 1986); and 
‘‘(C) in the case of funds placed in all such 
accounts having the same designated bene-
ficiary not earlier than 720 days nor later than 
365 days before such date, only so much of 
such funds as does not exceed $5,000; 
‘‘(6) funds used to purchase a tuition credit or 
certificate or contributed to an account in accord-
ance with section 529(b)(1)(A) of the Internal Rev-
enue Code of 1986 under a qualified State tuition 
program (as defined in section 529(b)(1) of such 
Code) not later than 365 days before the date of the 
filing of the petition in a case under this title, but—
110
‘‘(A) only if the designated beneficiary of 
the amounts paid or contributed to such tuition 
program was a child, stepchild, grandchild, or 
stepgrandchild of the debtor for the taxable 
year for which funds were paid or contributed; 
‘‘(B) with respect to the aggregate amount 
paid or contributed to such program having the 
same designated beneficiary, only so much of 
such amount as does not exceed the total con-
tributions permitted under section 529(b)(7) of 
such Code with respect to such beneficiary, as 
adjusted beginning on the date of the filing of 
the petition in a case under this title by the an-
nual increase or decrease (rounded to the near-
est tenth of 1 percent) in the education expend-
iture category of the Consumer Price Index pre-
pared by the Department of Labor; and 
‘‘(C) in the case of funds paid or contrib-
uted to such program having the same des-
ignated beneficiary not earlier than 720 days 
nor later than 365 days before such date, only 
so much of such funds as does not exceed 
$5,000;’’; and 
(2) by adding at the end the following:
111
‘‘(e) In determining whether any of the relationships 
specified in paragraph (5)(A) or (6)(A) of subsection (b) 
exists, a legally adopted child of an individual (and a child 
who is a member of an individual’s household, if placed 
with such individual by an authorized placement agency 
for legal adoption by such individual), or a foster child 
of an individual (if such child has as the child’s principal 
place of abode the home of the debtor and is a member 
of the debtor’s household) shall be treated as a child of 
such individual by blood.’’. 
(b) DEBTOR’S DUTIES.—Section 521 of title 11, 
United States Code, as amended by section 106, is amend-
ed by adding at the end the following: 
‘‘(c) In addition to meeting the requirements under 
subsection (a), a debtor shall file with the court a record 
of any interest that a debtor has in an education individual 
retirement account (as defined in section 530(b)(1) of the 
Internal Revenue Code of 1986) or under a qualified State 
tuition program (as defined in section 529(b)(1) of such 
Code).’’. 
SEC. 226. DEFINITIONS. 
(a) DEFINITIONS.—Section 101 of title 11, United 
States Code, is amended—
(1) by inserting after paragraph (2) the fol-
lowing:
112
‘‘(3) ‘assisted person’ means any person whose 
debts consist primarily of consumer debts and the 
value of whose nonexempt property is less than 
$150,000;’’; 
(2) by inserting after paragraph (4) the fol-
lowing: 
‘‘(4A) ‘bankruptcy assistance’ means any goods 
or services sold or otherwise provided to an assisted 
person with the express or implied purpose of pro-
viding information, advice, counsel, document prepa-
ration, or filing, or attendance at a creditors’ meet-
ing or appearing in a case or proceeding on behalf 
of another or providing legal representation with re-
spect to a case or proceeding under this title;’’; and 
(3) by inserting after paragraph (12) the fol-
lowing: 
‘‘(12A) ‘debt relief agency’ means any person 
who provides any bankruptcy assistance to an as-
sisted person in return for the payment of money or 
other valuable consideration, or who is a bankruptcy 
petition preparer under section 110, but does not in-
clude—
‘‘(A) any person who is an officer, director, 
employee, or agent of a person who provides
113
such assistance or of the bankruptcy petition 
preparer; 
‘‘(B) a nonprofit organization that is ex-
empt from taxation under section 501(c)(3) of 
the Internal Revenue Code of 1986; 
‘‘(C) a creditor of such assisted person, to 
the extent that the creditor is assisting such as-
sisted person to restructure any debt owed by 
such assisted person to the creditor; 
‘‘(D) a depository institution (as defined in 
section 3 of the Federal Deposit Insurance Act) 
or any Federal credit union or State credit 
union (as those terms are defined in section 
101 of the Federal Credit Union Act), or any 
affiliate or subsidiary of such depository institu-
tion or credit union; or 
‘‘(E) an author, publisher, distributor, or 
seller of works subject to copyright protection 
under title 17, when acting in such capacity.’’. 
(b) CONFORMING AMENDMENT.—Section 104(b) of 
title 11, United States Code, is amended by inserting 
‘‘101(3),’’ after ‘‘sections’’ each place it appears.
114
SEC. 227. RESTRICTIONS ON DEBT RELIEF AGENCIES. 
(a) ENFORCEMENT.—Subchapter II of chapter 5 of 
title 11, United States Code, is amended by adding at the 
end the following: 
‘‘§ 526. Restrictions on debt relief agencies 
‘‘(a) A debt relief agency shall not—
‘‘(1) fail to perform any service that such agen-
cy informed an assisted person or prospective as-
sisted person it would provide in connection with a 
case or proceeding under this title; 
‘‘(2) make any statement, or counsel or advise 
any assisted person or prospective assisted person to 
make a statement in a document filed in a case or 
proceeding under this title, that is untrue and mis-
leading, or that upon the exercise of reasonable care, 
should have been known by such agency to be untrue 
or misleading; 
‘‘(3) misrepresent to any assisted person or pro-
spective assisted person, directly or indirectly, af-
firmatively or by material omission, with respect 
to—
‘‘(A) the services that such agency will pro-
vide to such person; or 
‘‘(B) the benefits and risks that may result 
if such person becomes a debtor in a case under 
this title; or
115
‘‘(4) advise an assisted person or prospective 
assisted person to incur more debt in contemplation 
of such person filing a case under this title or to pay 
an attorney or bankruptcy petition preparer fee or 
charge for services performed as part of preparing 
for or representing a debtor in a case under this 
title. 
‘‘(b) Any waiver by any assisted person of any protec-
tion or right provided under this section shall not be en-
forceable against the debtor by any Federal or State court 
or any other person, but may be enforced against a debt 
relief agency. 
‘‘(c)(1) Any contract for bankruptcy assistance be-
tween a debt relief agency and an assisted person that 
does not comply with the material requirements of this 
section, section 527, or section 528 shall be void and may 
not be enforced by any Federal or State court or by any 
other person, other than such assisted person. 
‘‘(2) Any debt relief agency shall be liable to an as-
sisted person in the amount of any fees or charges in con-
nection with providing bankruptcy assistance to such per-
son that such debt relief agency has received, for actual 
damages, and for reasonable attorneys’ fees and costs if 
such agency is found, after notice and a hearing, to have—
116
‘‘(A) intentionally or negligently failed to com-
ply with any provision of this section, section 527, 
or section 528 with respect to a case or proceeding 
under this title for such assisted person; 
‘‘(B) provided bankruptcy assistance to an as-
sisted person in a case or proceeding under this title 
that is dismissed or converted to a case under an-
other chapter of this title because of such agency’s 
intentional or negligent failure to file any required 
document including those specified in section 521; or 
‘‘(C) intentionally or negligently disregarded the 
material requirements of this title or the Federal 
Rules of Bankruptcy Procedure applicable to such 
agency. 
‘‘(3) In addition to such other remedies as are pro-
vided under State law, whenever the chief law enforcement 
officer of a State, or an official or agency designated by 
a State, has reason to believe that any person has violated 
or is violating this section, the State—
‘‘(A) may bring an action to enjoin such viola-
tion; 
‘‘(B) may bring an action on behalf of its resi-
dents to recover the actual damages of assisted per-
sons arising from such violation, including any liabil-
ity under paragraph (2); and
117
‘‘(C) in the case of any successful action under 
subparagraph (A) or (B), shall be awarded the costs 
of the action and reasonable attorneys’ fees as deter-
mined by the court. 
‘‘(4) The district courts of the United States for dis-
tricts located in the State shall have concurrent jurisdic-
tion of any action under subparagraph (A) or (B) of para-
graph (3). 
‘‘(5) Notwithstanding any other provision of Federal 
law and in addition to any other remedy provided under 
Federal or State law, if the court, on its own motion or 
on the motion of the United States trustee or the debtor, 
finds that a person intentionally violated this section, or 
engaged in a clear and consistent pattern or practice of 
violating this section, the court may—
‘‘(A) enjoin the violation of such section; or 
‘‘(B) impose an appropriate civil penalty 
against such person. 
‘‘(d) No provision of this section, section 527, or sec-
tion 528 shall— 
‘‘(1) annul, alter, affect, or exempt any person 
subject to such sections from complying with any 
law of any State except to the extent that such law 
is inconsistent with those sections, and then only to 
the extent of the inconsistency; or
118
‘‘(2) be deemed to limit or curtail the authority 
or ability—
‘‘(A) of a State or subdivision or instru-
mentality thereof, to determine and enforce 
qualifications for the practice of law under the 
laws of that State; or 
‘‘(B) of a Federal court to determine and 
enforce the qualifications for the practice of law 
before that court.’’. 
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 5 of title 11, United States Code, is 
amended by inserting after the item relating to section 
525, the following:
‘‘526. Restrictions on debt relief agencies.’’.
SEC. 228. DISCLOSURES. 
(a) DISCLOSURES.—Subchapter II of chapter 5 of 
title 11, United States Code, as amended by section 227, 
is amended by adding at the end the following: 
‘‘§ 527. Disclosures 
‘‘(a) A debt relief agency providing bankruptcy assist-
ance to an assisted person shall provide—
‘‘(1) the written notice required under section 
342(b)(1); and 
‘‘(2) to the extent not covered in the written no-
tice described in paragraph (1), and not later than 
3 business days after the first date on which a debt
119
relief agency first offers to provide any bankruptcy 
assistance services to an assisted person, a clear and 
conspicuous written notice advising assisted persons 
that—
‘‘(A) all information that the assisted per-
son is required to provide with a petition and 
thereafter during a case under this title is re-
quired to be complete, accurate, and truthful; 
‘‘(B) all assets and all liabilities are re-
quired to be completely and accurately disclosed 
in the documents filed to commence the case, 
and the replacement value of each asset as de-
fined in section 506 must be stated in those 
documents where requested after reasonable in-
quiry to establish such value; 
‘‘(C) current monthly income, the amounts 
specified in section 707(b)(2), and, in a case 
under chapter 13 of this title, disposable income 
(determined 
in 
accordance 
with 
section 
707(b)(2)), are required to be stated after rea-
sonable inquiry; and 
‘‘(D) information that an assisted person 
provides during their case may be audited pur-
suant to this title, and that failure to provide 
such information may result in dismissal of the
120
case under this title or other sanction, including 
a criminal sanction. 
‘‘(b) A debt relief agency providing bankruptcy assist-
ance to an assisted person shall provide each assisted per-
son at the same time as the notices required under sub-
section (a)(1) the following statement, to the extent appli-
cable, or one substantially similar. The statement shall be 
clear and conspicuous and shall be in a single document 
separate from other documents or notices provided to the 
assisted person: 
‘‘ ‘IMPORTANT INFORMATION ABOUT BANK-
RUPTCY ASSISTANCE SERVICES FROM AN AT-
TORNEY 
OR 
BANKRUPTCY 
PETITION 
PRE-
PARER. 
‘‘ ‘If you decide to seek bankruptcy relief, you can 
represent yourself, you can hire an attorney to represent 
you, or you can get help in some localities from a bank-
ruptcy petition preparer who is not an attorney. THE 
LAW REQUIRES AN ATTORNEY OR BANKRUPTCY 
PETITION PREPARER TO GIVE YOU A WRITTEN 
CONTRACT SPECIFYING WHAT THE ATTORNEY 
OR BANKRUPTCY PETITION PREPARER WILL DO 
FOR YOU AND HOW MUCH IT WILL COST. Ask to 
see the contract before you hire anyone.
121
‘‘ ‘The following information helps you understand 
what must be done in a routine bankruptcy case to help 
you evaluate how much service you need. Although bank-
ruptcy can be complex, many cases are routine. 
‘‘ ‘Before filing a bankruptcy case, either you or your 
attorney should analyze your eligibility for different forms 
of debt relief available under the Bankruptcy Code and 
which form of relief is most likely to be beneficial for you. 
Be sure you understand the relief you can obtain and its 
limitations. To file a bankruptcy case, documents called 
a Petition, Schedules and Statement of Financial Affairs, 
as well as in some cases a Statement of Intention need 
to be prepared correctly and filed with the bankruptcy 
court. You will have to pay a filing fee to the bankruptcy 
court. Once your case starts, you will have to attend the 
required first meeting of creditors where you may be ques-
tioned by a court official called a ‘trustee’ and by credi-
tors. 
‘‘ ‘If you choose to file a chapter 7 case, you may 
be asked by a creditor to reaffirm a debt. You may want 
help deciding whether to do so. A creditor is not permitted 
to coerce you into reaffirming your debts. 
‘‘ ‘If you choose to file a chapter 13 case in which 
you repay your creditors what you can afford over 3 to 
5 years, you may also want help with preparing your chap-
122
ter 13 plan and with the confirmation hearing on your 
plan which will be before a bankruptcy judge. 
‘‘ ‘If you select another type of relief under the Bank-
ruptcy Code other than chapter 7 or chapter 13, you will 
want to find out what should be done from someone famil-
iar with that type of relief. 
‘‘ ‘Your bankruptcy case may also involve litigation. 
You are generally permitted to represent yourself in litiga-
tion in bankruptcy court, but only attorneys, not bank-
ruptcy petition preparers, can give you legal advice.’. 
‘‘(c) Except to the extent the debt relief agency pro-
vides the required information itself after reasonably dili-
gent inquiry of the assisted person or others so as to ob-
tain such information reasonably accurately for inclusion 
on the petition, schedules or statement of financial affairs, 
a debt relief agency providing bankruptcy assistance to an 
assisted person, to the extent permitted by nonbankruptcy 
law, shall provide each assisted person at the time re-
quired for the notice required under subsection (a)(1) rea-
sonably sufficient information (which shall be provided in 
a clear and conspicuous writing) to the assisted person 
on how to provide all the information the assisted person 
is required to provide under this title pursuant to section 
521, including—
123
‘‘(1) how to value assets at replacement value, 
determine current monthly income, the amounts 
specified in section 707(b)(2) and, in a chapter 13 
case, how to determine disposable income in accord-
ance with section 707(b)(2) and related calculations; 
‘‘(2) how to complete the list of creditors, in-
cluding how to determine what amount is owed and 
what address for the creditor should be shown; and 
‘‘(3) how to determine what property is exempt 
and how to value exempt property at replacement 
value as defined in section 506. 
‘‘(d) A debt relief agency shall maintain a copy of 
the notices required under subsection (a) of this section 
for 2 years after the date on which the notice is given 
the assisted person.’’. 
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 5 of title 11, United States Code, as 
amended by section 227, is amended by inserting after the 
item relating to section 526 the following:
‘‘527. Disclosures.’’.
SEC. 229. REQUIREMENTS FOR DEBT RELIEF AGENCIES. 
(a) ENFORCEMENT.—Subchapter II of chapter 5 of 
title 11, United States Code, as amended by sections 227 
and 228, is amended by adding at the end the following: 
‘‘§ 528. Requirements for debt relief agencies 
‘‘(a) A debt relief agency shall—
124
‘‘(1) not later than 5 business days after the 
first date on which such agency provides any bank-
ruptcy assistance services to an assisted person, but 
prior to such assisted person’s petition under this 
title being filed, execute a written contract with such 
assisted person that explains clearly and conspicu-
ously—
‘‘(A) the services such agency will provide 
to such assisted person; and 
‘‘(B) the fees or charges for such services, 
and the terms of payment; 
‘‘(2) provide the assisted person with a copy of 
the fully executed and completed contract; 
‘‘(3) clearly and conspicuously disclose in any 
advertisement of bankruptcy assistance services or of 
the benefits of bankruptcy directed to the general 
public (whether in general media, seminars or spe-
cific mailings, telephonic or electronic messages, or 
otherwise) that the services or benefits are with re-
spect to bankruptcy relief under this title; and 
‘‘(4) clearly and conspicuously use the following 
statement in such advertisement: ‘We are a debt re-
lief agency. We help people file for bankruptcy relief 
under the Bankruptcy Code.’ or a substantially simi-
lar statement.
125
‘‘(b)(1) An advertisement of bankruptcy assistance 
services or of the benefits of bankruptcy directed to the 
general public includes—
‘‘(A) descriptions of bankruptcy assistance in 
connection with a chapter 13 plan whether or not 
chapter 13 is specifically mentioned in such adver-
tisement; and 
‘‘(B) statements such as ‘federally supervised 
repayment plan’ or ‘Federal debt restructuring help’ 
or other similar statements that could lead a reason-
able consumer to believe that debt counseling was 
being offered when in fact the services were directed 
to providing bankruptcy assistance with a chapter 
13 plan or other form of bankruptcy relief under 
this title. 
‘‘(2) An advertisement, directed to the general public, 
indicating that the debt relief agency provides assistance 
with respect to credit defaults, mortgage foreclosures, evic-
tion proceedings, excessive debt, debt collection pressure, 
or inability to pay any consumer debt shall— 
‘‘(A) disclose clearly and conspicuously in such 
advertisement that the assistance may involve bank-
ruptcy relief under this title; and 
‘‘(B) include the following statement: ‘We are a 
debt relief agency. We help people file for bank-
126
ruptcy relief under the Bankruptcy Code.’ or a sub-
stantially similar statement.’’. 
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 5 of title 11, United States Code, as 
amended by section 227 and 228, is amended by inserting 
after the item relating to section 527, the following:
‘‘528. Requirements for debt relief agencies.’’.
SEC. 230. GAO STUDY. 
(a) STUDY.—Not later than 270 days after the date 
of enactment of this Act, the Comptroller General of the 
United States shall conduct a study of the feasibility, ef-
fectiveness, and cost of requiring trustees appointed under 
title 11, United States Code, or the bankruptcy courts, 
to provide to the Office of Child Support Enforcement 
promptly after the commencement of cases by debtors who 
are individuals under such title, the names and social secu-
rity account numbers of such debtors for the purposes of 
allowing such Office to determine whether such debtors 
have outstanding obligations for child support (as deter-
mined on the basis of information in the Federal Case 
Registry or other national database). 
(b) REPORT.—Not later than 300 days after the date 
of enactment of this Act, the Comptroller General shall 
submit to the President pro tempore of the Senate and 
the Speaker of the House of Representatives a report con-
taining the results of the study required by subsection (a).
127
SEC. 231. PROTECTION OF PERSONALLY IDENTIFIABLE IN-
FORMATION. 
(a) LIMITATION.—Section 363(b)(1) of title 11, 
United States Code, is amended by striking the period at 
the end and inserting the following: 
‘‘, except that if the debtor in connection with offering 
a product or a service discloses to an individual a policy 
prohibiting the transfer of personally identifiable informa-
tion about individuals to persons that are not affiliated 
with the debtor and if such policy is in effect on the date 
of the commencement of the case, then the trustee may 
not sell or lease personally identifiable information to any 
person unless—
‘‘(A) such sale or such lease is consistent with 
such policy; or 
‘‘(B) after appointment of a consumer privacy 
ombudsman in accordance with section 332, and 
after notice and a hearing, the court approves such 
sale or such lease—
‘‘(i) giving due consideration to the facts, 
circumstances, and conditions of such sale or 
such lease; and 
‘‘(ii) finding that no showing was made 
that such sale or such lease would violate appli-
cable nonbankruptcy law.’’.
128
(b) DEFINITION.—Section 101 of title 11, United 
States Code, is amended by inserting after paragraph (41) 
the following: 
‘‘(41A) ‘personally identifiable information’ 
means—
‘‘(A) if provided by an individual to the 
debtor in connection with obtaining a product 
or a service from the debtor primarily for per-
sonal, family, or household purposes—
‘‘(i) the first name (or initial) and last 
name of such individual, whether given at 
birth or time of adoption, or resulting from 
a lawful change of name; 
‘‘(ii) the geographical address of a 
physical place of residence of such indi-
vidual; 
‘‘(iii) an electronic address (including 
an e-mail address) of such individual; 
‘‘(iv) a telephone number dedicated to 
contacting such individual at such physical 
place of residence; 
‘‘(v) a social security account number 
issued to such individual; or 
‘‘(vi) the account number of a credit 
card issued to such individual; or
129
‘‘(B) if identified in connection with 1 or 
more of the items of information specified in 
subparagraph (A)—
‘‘(i) a birth date, the number of a cer-
tificate of birth or adoption, or a place of 
birth; or 
‘‘(ii) any other information concerning 
an identified individual that, if disclosed, 
will result in contacting or identifying such 
individual physically or electronically;’’. 
SEC. 232. CONSUMER PRIVACY OMBUDSMAN. 
(a) CONSUMER PRIVACY OMBUDSMAN.—Title 11 of 
the United States Code is amended by inserting after sec-
tion 331 the following: 
‘‘§ 332. Consumer privacy ombudsman 
‘‘(a) If a hearing is required under section 
363(b)(1)(B), the court shall order the United States 
trustee to appoint, not later than 5 days before the com-
mencement of the hearing, 1 disinterested person (other 
than the United States trustee) to serve as the consumer 
privacy ombudsman in the case and shall require that no-
tice of such hearing be timely given to such ombudsman. 
‘‘(b) The consumer privacy ombudsman may appear 
and be heard at such hearing and shall provide to the 
court information to assist the court in its consideration
130
of the facts, circumstances, and conditions of the proposed 
sale or lease of personally identifiable information under 
section 363(b)(1)(B). Such information may include pres-
entation of—
‘‘(1) the debtor’s privacy policy; 
‘‘(2) the potential losses or gains of privacy to 
consumers if such sale or such lease is approved by 
the court; 
‘‘(3) the potential costs or benefits to con-
sumers if such sale or such lease is approved by the 
court; and 
‘‘(4) the potential alternatives that would miti-
gate potential privacy losses or potential costs to 
consumers. 
‘‘(c) A consumer privacy ombudsman shall not dis-
close any personally identifiable information obtained by 
the ombudsman under this title.’’. 
(b) COMPENSATION
OF CONSUMER PRIVACY OM-
BUDSMAN.—Section 330(a)(1) of title 11, United States 
Code, is amended in the matter preceding subparagraph 
(A), by inserting ‘‘a consumer privacy ombudsman ap-
pointed under section 332,’’ before ‘‘an examiner’’. 
(c) CONFORMING AMENDMENT.—The table of sec-
tions for subchapter II of chapter 3 of title 11, United
131
States Code, is amended by adding at the end the fol-
lowing:
‘‘332. Consumer privacy ombudsman.’’.
SEC. 233. PROHIBITION ON DISCLOSURE OF NAME OF 
MINOR CHILDREN. 
(a) PROHIBITION.—Title 11 of the United States 
Code, as amended by section 106, is amended by inserting 
after section 111 the following: 
‘‘§ 112. Prohibition on disclosure of name of minor 
children 
‘‘The debtor may be required to provide information 
regarding a minor child involved in matters under this title 
but may not be required to disclose in the public records 
in the case the name of such minor child. The debtor may 
be required to disclose the name of such minor child in 
a nonpublic record that is maintained by the court and 
made available by the court for examination by the United 
States trustee, the trustee, and the auditor (if any) serving 
under section 586(f) of title 28, in the case. The court, 
the United States trustee, the trustee, and such auditor 
shall not disclose the name of such minor child maintained 
in such nonpublic record.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 1 of title 11, United States Code, as amended
132
by section 106, is amended by inserting after the item re-
lating to section 111 the following:
‘‘112. Prohibition on disclosure of name of minor children.’’.
(c) CONFORMING AMENDMENT.—Section 107(a) of 
title 11, United States Code, is amended by inserting ‘‘and 
subject to section 112’’ after ‘‘section’’. 
TITLE III —DISCOURAGING 
BANKRUPTCY ABUSE 
SEC. 301. TECHNICAL AMENDMENTS. 
Section 523(a)(17) of title 11, United States Code, 
is amended—
(1) by striking ‘‘by a court’’ and inserting ‘‘on 
a prisoner by any court’’; 
(2) by striking ‘‘section 1915(b) or (f)’’ and in-
serting ‘‘subsection (b) or (f)(2) of section 1915’’; 
and 
(3) by inserting ‘‘(or a similar non-Federal 
law)’’ after ‘‘title 28’’ each place it appears. 
SEC. 302. DISCOURAGING BAD FAITH REPEAT FILINGS. 
Section 362(c) of title 11, United States Code, is 
amended—
(1) in paragraph (1), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (2), by striking the period at 
the end and inserting a semicolon; and 
(3) by adding at the end the following:
133
‘‘(3) if a single or joint case is filed by or 
against debtor who is an individual in a case under 
chapter 7, 11, or 13, and if a single or joint case 
of the debtor was pending within the preceding 1-
year period but was dismissed, other than a case 
refiled under a chapter other than chapter 7 after 
dismissal under section 707(b)—
‘‘(A) the stay under subsection (a) with re-
spect to any action taken with respect to a debt 
or property securing such debt or with respect 
to any lease shall terminate with respect to the 
debtor on the 30th day after the filing of the 
later case; 
‘‘(B) on the motion of a party in interest 
for continuation of the automatic stay and upon 
notice and a hearing, the court may extend the 
stay in particular cases as to any or all credi-
tors (subject to such conditions or limitations 
as the court may then impose) after notice and 
a hearing completed before the expiration of the 
30-day period only if the party in interest dem-
onstrates that the filing of the later case is in 
good faith as to the creditors to be stayed; and 
‘‘(C) for purposes of subparagraph (B), a 
case is presumptively filed not in good faith
134
(but such presumption may be rebutted by clear 
and convincing evidence to the contrary)—
‘‘(i) as to all creditors, if—
‘‘(I) more than 1 previous case 
under any of chapters 7, 11, and 13 
in which the individual was a debtor 
was pending within the preceding 1-
year period; 
‘‘(II) a previous case under any 
of chapters 7, 11, and 13 in which the 
individual was a debtor was dismissed 
within such 1-year period, after the 
debtor failed to—
‘‘(aa) file or amend the peti-
tion or other documents as re-
quired by this title or the court 
without substantial excuse (but 
mere inadvertence or negligence 
shall not be a substantial excuse 
unless the dismissal was caused 
by the negligence of the debtor’s 
attorney); 
‘‘(bb) provide adequate pro-
tection as ordered by the court; 
or
135
‘‘(cc) perform the terms of a 
plan confirmed by the court; or 
‘‘(III) there has not been a sub-
stantial change in the financial or per-
sonal affairs of the debtor since the 
dismissal of the next most previous 
case under chapter 7, 11, or 13 or 
any other reason to conclude that the 
later case will be concluded—
‘‘(aa) if a case under chap-
ter 7, with a discharge; or 
‘‘(bb) if a case under chap-
ter 11 or 13, with a confirmed 
plan that will be fully performed; 
and 
‘‘(ii) as to any creditor that com-
menced an action under subsection (d) in 
a previous case in which the individual was 
a debtor if, as of the date of dismissal of 
such case, that action was still pending or 
had been resolved by terminating, condi-
tioning, or limiting the stay as to actions 
of such creditor; and 
‘‘(4)(A)(i) if a single or joint case is filed by or 
against a debtor who is an individual under this
136
title, and if 2 or more single or joint cases of the 
debtor were pending within the previous year but 
were dismissed, other than a case refiled under sec-
tion 707(b), the stay under subsection (a) shall not 
go into effect upon the filing of the later case; and 
‘‘(ii) on request of a party in interest, the court 
shall promptly enter an order confirming that no 
stay is in effect; 
‘‘(B) if, within 30 days after the filing of the 
later case, a party in interest requests the court may 
order the stay to take effect in the case as to any 
or all creditors (subject to such conditions or limita-
tions as the court may impose), after notice and a 
hearing, only if the party in interest demonstrates 
that the filing of the later case is in good faith as 
to the creditors to be stayed; 
‘‘(C) a stay imposed under subparagraph (B) 
shall be effective on the date of the entry of the 
order allowing the stay to go into effect; and 
‘‘(D) for purposes of subparagraph (B), a case 
is presumptively filed not in good faith (but such 
presumption may be rebutted by clear and con-
vincing evidence to the contrary)—
‘‘(i) as to all creditors if—
137
‘‘(I) 2 or more previous cases under 
this title in which the individual was a 
debtor were pending within the 1-year pe-
riod; 
‘‘(II) a previous case under this title 
in which the individual was a debtor was 
dismissed within the time period stated in 
this paragraph after the debtor failed to 
file or amend the petition or other docu-
ments as required by this title or the court 
without substantial excuse (but mere inad-
vertence or negligence shall not be sub-
stantial excuse unless the dismissal was 
caused by the negligence of the debtor’s at-
torney), failed to provide adequate protec-
tion as ordered by the court, or failed to 
perform the terms of a plan confirmed by 
the court; or 
‘‘(III) there has not been a substan-
tial change in the financial or personal af-
fairs of the debtor since the dismissal of 
the next most previous case under this 
title, or any other reason to conclude that 
the later case will not be concluded, if a 
case under chapter 7, with a discharge,
138
and if a case under chapter 11 or 13, with 
a confirmed plan that will be fully per-
formed; or 
‘‘(ii) as to any creditor that commenced an 
action under subsection (d) in a previous case 
in which the individual was a debtor if, as of 
the date of dismissal of such case, such action 
was still pending or had been resolved by termi-
nating, conditioning, or limiting the stay as to 
such action of such creditor.’’. 
SEC. 303. CURBING ABUSIVE FILINGS. 
(a) IN GENERAL.—Section 362(d) of title 11, United 
States Code, is amended—
(1) in paragraph (2), 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) with respect to a stay of an act against 
real property under subsection (a), by a creditor 
whose claim is secured by an interest in such real 
property, if the court finds that the filing of the pe-
tition was part of a scheme to delay, hinder, and de-
fraud creditors that involved either—
139
‘‘(A) transfer of all or part ownership of, 
or other interest in, such real property without 
the consent of the secured creditor or court ap-
proval; or 
‘‘(B) multiple bankruptcy filings affecting 
such real property. 
If recorded in compliance with applicable State laws gov-
erning notices of interests or liens in real property, an 
order entered under paragraph (4) shall be binding in any 
other case under this title purporting to affect such real 
property filed not later than 2 years after the date of the 
entry of such order by the court, except that a debtor in 
a subsequent case under this title may move for relief from 
such order based upon changed circumstances or for good 
cause shown, after notice and a hearing. Any Federal, 
State, or local governmental unit that accepts notices of 
interests or liens in real property shall accept any certified 
copy of an order described in this subsection for indexing 
and recording.’’. 
(b) AUTOMATIC STAY.—Section 362(b) of title 11, 
United States Code, as amended by section 224, is amend-
ed by inserting after paragraph (19), the following: 
‘‘(20) under subsection (a), of any act to en-
force any lien against or security interest in real 
property following entry of the order under sub-
140
section (d)(4) as to such real property in any prior 
case under this title, for a period of 2 years after 
the date of the entry of such an order, except that 
the debtor, in a subsequent case under this title, 
may move for relief from such order based upon 
changed circumstances or for other good cause 
shown, after notice and a hearing; 
‘‘(21) under subsection (a), of any act to en-
force any lien against or security interest in real 
property—
‘‘(A) if the debtor is ineligible under sec-
tion 109(g) to be a debtor in a case under this 
title; or 
‘‘(B) if the case under this title was filed 
in violation of a bankruptcy court order in a 
prior case under this title prohibiting the debtor 
from being a debtor in another case under this 
title;’’. 
SEC. 304. DEBTOR RETENTION OF PERSONAL PROPERTY 
SECURITY. 
Title 11, United States Code, is amended—
(1) in section 521(a), as so designated by sec-
tion 106—
(A) in paragraph (4), by striking ‘‘, and’’ 
at the end and inserting a semicolon;
141
(B) in paragraph (5), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(6) in a case under chapter 7 of this title in 
which the debtor is an individual, not retain posses-
sion of personal property as to which a creditor has 
an allowed claim for the purchase price secured in 
whole or in part by an interest in such personal 
property unless the debtor, not later than 45 days 
after the first meeting of creditors under section 
341(a), either—
‘‘(A) enters into an agreement with the 
creditor pursuant to section 524(c) with respect 
to the claim secured by such property; or 
‘‘(B) redeems such property from the secu-
rity interest pursuant to section 722. 
If the debtor fails to so act within the 45-day period re-
ferred to in paragraph (6), the stay under section 362(a) 
is terminated with respect to the personal property of the 
estate or of the debtor which is affected, such property 
shall no longer be property of the estate, and the creditor 
may take whatever action as to such property as is per-
mitted by applicable nonbankruptcy law, unless the court 
determines on the motion of the trustee filed before the 
expiration of such 45-day period, and after notice and a
142
hearing, that such property is of consequential value or 
benefit to the estate, orders appropriate adequate protec-
tion of the creditor’s interest, and orders the debtor to 
deliver any collateral in the debtor’s possession to the 
trustee.’’; and 
(2) in section 722, by inserting ‘‘in full at the 
time of redemption’’ before the period at the end. 
SEC. 305. RELIEF FROM THE AUTOMATIC STAY WHEN THE 
DEBTOR DOES NOT COMPLETE INTENDED 
SURRENDER OF CONSUMER DEBT COLLAT-
ERAL. 
Title 11, United States Code, is amended—
(1) in section 362, as amended by section 
106—
(A) in subsection (c), by striking ‘‘(e), and 
(f)’’ and inserting ‘‘(e), (f), and (h)’’; 
(B) by redesignating subsection (h) as sub-
section (k) and transferring such subsection so 
as to insert it after subsection (j) as added by 
section 106; and 
(C) by inserting after subsection (g) the 
following: 
‘‘(h)(1) In a case in which the debtor is an individual, 
the stay provided by subsection (a) is terminated with re-
spect to personal property of the estate or of the debtor
143
securing in whole or in part a claim, or subject to an unex-
pired lease, and such personal property shall no longer be 
property of the estate if the debtor fails within the applica-
ble time set by section 521(a)(2)—
‘‘(A) to file timely any statement of intention 
required under section 521(a)(2) with respect to 
such personal property or to indicate in such state-
ment that the debtor will either surrender such per-
sonal property or retain it and, if retaining such per-
sonal property, either redeem such personal property 
pursuant to section 722, enter into an agreement of 
the kind specified in section 524(c) applicable to the 
debt secured by such personal property, or assume 
such unexpired lease pursuant to section 365(p) if 
the trustee does not do so, as applicable; and 
‘‘(B) to take timely the action specified in such 
statement, as it may be amended before expiration 
of the period for taking action, unless such state-
ment specifies the debtor’s intention to reaffirm such 
debt on the original contract terms and the creditor 
refuses to agree to the reaffirmation on such terms. 
‘‘(2) Paragraph (1) does not apply if the court deter-
mines, on the motion of the trustee filed before the expira-
tion of the applicable time set by section 521(a)(2), after 
notice and a hearing, that such personal property is of
144
consequential value or benefit to the estate, and orders 
appropriate adequate protection of the creditor’s interest, 
and orders the debtor to deliver any collateral in the debt-
or’s possession to the trustee. If the court does not so de-
termine, the stay provided by subsection (a) shall termi-
nate upon the conclusion of the hearing on the motion.’’; 
and 
(2) in section 521, as amended by sections 106 
and 225—
(A) in subsection (a)(2) by striking ‘‘con-
sumer’’; 
(B) in subsection (a)(2)(B)—
(i) by striking ‘‘forty-five days after 
the filing of a notice of intent under this 
section’’ and inserting ‘‘30 days after the 
first date set for the meeting of creditors 
under section 341(a)’’; and 
(ii) by striking ‘‘forty-five day’’ and 
inserting ‘‘30-day’’; 
(C) in subsection (a)(2)(C) by inserting ‘‘, 
except as provided in section 362(h)’’ before the 
semicolon; and 
(D) by adding at the end the following: 
‘‘(d) If the debtor fails timely to take the action speci-
fied in subsection (a)(6) of this section, or in paragraphs
145
(1) and (2) of section 362(h), with respect to property 
which a lessor or bailor owns and has leased, rented, or 
bailed to the debtor or as to which a creditor holds a secu-
rity interest not otherwise voidable under section 522(f), 
544, 545, 547, 548, or 549, nothing in this title shall pre-
vent or limit the operation of a provision in the underlying 
lease or agreement that has the effect of placing the debt-
or in default under such lease or agreement by reason of 
the occurrence, pendency, or existence of a proceeding 
under this title or the insolvency of the debtor. Nothing 
in this subsection shall be deemed to justify limiting such 
a provision in any other circumstance.’’. 
SEC. 306. GIVING SECURED CREDITORS FAIR TREATMENT 
IN CHAPTER 13. 
(a) IN GENERAL.—Section 1325(a)(5)(B)(i) of title 
11, United States Code, is amended to read as follows: 
‘‘(i) the plan provides that—
‘‘(I) the holder of such claim retain 
the lien securing such claim until the ear-
lier of—
‘‘(aa) the payment of the under-
lying debt determined under nonbank-
ruptcy law; or 
‘‘(bb) discharge under section 
1328; and
146
‘‘(II) if the case under this chapter is 
dismissed or converted without completion 
of the plan, such lien shall also be retained 
by such holder to the extent recognized by 
applicable nonbankruptcy law; and’’. 
(b) RESTORING
THE FOUNDATION
FOR SECURED 
CREDIT.—Section 1325(a) of title 11, United States Code, 
is amended by adding at the end the following: 
‘‘For purposes of paragraph (5), section 506 shall not 
apply to a claim described in that paragraph if the creditor 
has a purchase money security interest securing the debt 
that is the subject of the claim, the debt was incurred 
within the 910-day preceding the date of the filing of the 
petition, and the collateral for that debt consists of a 
motor vehicle (as defined in section 30102 of title 49) ac-
quired for the personal use of the debtor, or if collateral 
for that debt consists of any other thing of value, if the 
debt was incurred during the 1-year period preceding that 
filing.’’. 
(c) DEFINITIONS.—Section 101 of title 11, United 
States Code, is amended—
(1) by inserting after paragraph (13) the fol-
lowing: 
‘‘(13A) ‘debtor’s principal residence’—
147
‘‘(A) means a residential structure, includ-
ing incidental property, without regard to 
whether that structure is attached to real prop-
erty; and 
‘‘(B) includes an individual condominium 
or cooperative unit, a mobile or manufactured 
home, or trailer;’’; and 
(2) by inserting after paragraph (27), the fol-
lowing: 
‘‘(27A) ‘incidental property’ means, with re-
spect to a debtor’s principal residence—
‘‘(A) property commonly conveyed with a 
principal residence in the area where the real 
property is located; 
‘‘(B) all easements, rights, appurtenances, 
fixtures, rents, royalties, mineral rights, oil or 
gas rights or profits, water rights, escrow 
funds, or insurance proceeds; and 
‘‘(C) all replacements or additions;’’. 
SEC. 307. DOMICILIARY REQUIREMENTS FOR EXEMPTIONS. 
Section 522(b)(3) of title 11, United States Code, as 
so designated by section 106, is amended—
(1) in subparagraph (A)—
(A) by striking ‘‘180 days’’ and inserting 
‘‘730 days’’; and
148
(B) by striking ‘‘, or for a longer portion 
of such 180-day period than in any other place’’ 
and inserting ‘‘or if the debtor’s domicile has 
not been located at 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’’; and 
(2) by adding at the end the following: 
‘‘If the effect of the domiciliary requirement under sub-
paragraph (A) is to render the debtor ineligible for any 
exemption, the debtor may elect to exempt property that 
is specified under subsection (d).’’. 
SEC. 308. REDUCTION OF HOMESTEAD EXEMPTION FOR 
FRAUD. 
Section 522 of title 11, United States Code, as 
amended by section 224, is amended—
(1) in subsection (b)(3)(A), as so designated by 
this Act, by inserting ‘‘subject to subsections (o) and 
(p),’’ before ‘‘any property’’; and 
(2) by adding at the end the following: 
‘‘(o) For purposes of subsection (b)(3)(A), and not-
withstanding subsection (a), the value of an interest in—
149
‘‘(1) real or personal property that the debtor 
or a dependent of the debtor uses as a residence; 
‘‘(2) a cooperative that owns property that the 
debtor or a dependent of the debtor uses as a resi-
dence; 
‘‘(3) a burial plot for the debtor or a dependent 
of the debtor; or 
‘‘(4) real or personal property that the debtor 
or a dependent of the debtor claims as a homestead; 
shall be reduced to the extent that such value is attrib-
utable to any portion of any property that the debtor dis-
posed 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 exempt, 
or that portion that the debtor could not exempt, under 
subsection (b), if on such date the debtor had held the 
property so disposed of.’’. 
SEC. 309. PROTECTING SECURED CREDITORS IN CHAPTER 
13 CASES. 
(a) STOPPING ABUSIVE CONVERSIONS FROM CHAP-
TER 13.—Section 348(f)(1) of title 11, United States 
Code, is amended—
(1) in subparagraph (A), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (B)—
150
(A) by striking ‘‘in the converted case, 
with allowed secured claims’’ and inserting 
‘‘only in a case converted to a case under chap-
ter 11 or 12, but not in a case converted to a 
case under chapter 7, with allowed secured 
claims in cases under chapters 11 and 12’’; and 
(B) by striking the period and inserting ‘‘; 
and’’; and 
(3) by adding at the end the following: 
‘‘(C) with respect to cases converted from chap-
ter 13—
‘‘(i) the claim of any creditor holding secu-
rity as of the date of the petition shall continue 
to be secured by that security unless the full 
amount of such claim determined under appli-
cable nonbankruptcy law has been paid in full 
as of the date of conversion, notwithstanding 
any valuation or determination of the amount 
of an allowed secured claim made for the pur-
poses of the case under chapter 13; and 
‘‘(ii) unless a prebankruptcy default has 
been fully cured under the plan at the time of 
conversion, in any proceeding under this title or 
otherwise, the default shall have the effect given 
under applicable nonbankruptcy law.’’.
151
(b) GIVING
DEBTORS
THE
ABILITY
TO
KEEP 
LEASED PERSONAL PROPERTY BY ASSUMPTION.—Section 
365 of title 11, United States Code, is amended by adding 
at the end the following: 
‘‘(p)(1) If a lease of personal property is rejected or 
not timely assumed by the trustee under subsection (d), 
the leased property is no longer property of the estate and 
the stay under section 362(a) is automatically terminated. 
‘‘(2)(A) If the debtor in a case under chapter 7 is 
an individual, the debtor may notify the creditor in writing 
that the debtor desires to assume the lease. Upon being 
so notified, the creditor may, at its option, notify the debt-
or that it is willing to have the lease assumed by the debt-
or and may condition such assumption on cure of any out-
standing default on terms set by the contract. 
‘‘(B) If, not later than 30 days after notice is pro-
vided under subparagraph (A), the debtor notifies the les-
sor in writing that the lease is assumed, the liability under 
the lease will be assumed by the debtor and not by the 
estate. 
‘‘(C) The stay under section 362 and the injunction 
under section 524(a)(2) shall not be violated by notifica-
tion of the debtor and negotiation of cure under this sub-
section.
152
‘‘(3) In a case under chapter 11 in which the debtor 
is an individual and in a case under chapter 13, if the 
debtor is the lessee with respect to personal property and 
the lease is not assumed in the plan confirmed by the 
court, the lease is deemed rejected as of the conclusion 
of the hearing on confirmation. If the lease is rejected, 
the stay under section 362 and any stay under section 
1301 is automatically terminated with respect to the prop-
erty subject to the lease.’’. 
(c) ADEQUATE PROTECTION OF LESSORS AND PUR-
CHASE MONEY SECURED CREDITORS.—
(1) 
CONFIRMATION
OF
PLAN.—Section 
1325(a)(5)(B) of title 11, United States Code, as 
amended by section 306, is amended—
(A) in clause (i), by striking ‘‘and’’ at the 
end; 
(B) in clause (ii), by striking ‘‘or’’ at the 
end and inserting ‘‘and’’; and 
(C) by adding at the end the following: 
‘‘(iii) if—
‘‘(I) property to be distributed pursu-
ant to this subsection is in the form of 
periodic payments, such payments shall be 
in equal monthly amounts; and
153
‘‘(II) the holder of the claim is se-
cured by personal property, the amount of 
such payments shall not be less than an 
amount sufficient to provide to the holder 
of such claim adequate protection during 
the period of the plan; or’’. 
(2) PAYMENTS.—Section 1326(a) of title 11, 
United States Code, is amended to read as follows: 
‘‘(a)(1) Unless the court orders otherwise, the debtor 
shall commence making payments not later than 30 days 
after the date of the filing of the plan or the order for 
relief, whichever is earlier, in the amount—
‘‘(A) proposed by the plan to the trustee; 
‘‘(B) scheduled in a lease of personal property 
directly to the lessor for that portion of the obliga-
tion that becomes due after the order for relief, re-
ducing the payments under subparagraph (A) by the 
amount so paid and providing the trustee with evi-
dence of such payment, including the amount and 
date of payment; and 
‘‘(C) that provides adequate protection directly 
to a creditor holding an allowed claim secured by 
personal property to the extent the claim is attrib-
utable to the purchase of such property by the debt-
or for that portion of the obligation that becomes
154
due after the order for relief, reducing the payments 
under subparagraph (A) by the amount so paid and 
providing the trustee with evidence of such payment, 
including the amount and date of payment. 
‘‘(2) A payment made under paragraph (1)(A) shall 
be retained by the trustee until confirmation or denial of 
confirmation. If a plan is confirmed, the trustee shall dis-
tribute any such payment in accordance with the plan as 
soon as is practicable. If a plan is not confirmed, the trust-
ee shall return any such payments not previously paid and 
not yet due and owing to creditors pursuant to paragraph 
(3) to the debtor, after deducting any unpaid claim al-
lowed under section 503(b). 
‘‘(3) Subject to section 363, the court may, upon no-
tice and a hearing, modify, increase, or reduce the pay-
ments required under this subsection pending confirma-
tion of a plan. 
‘‘(4) Not later than 60 days after the date of filing 
of a case under this chapter, a debtor retaining possession 
of personal property subject to a lease or securing a claim 
attributable in whole or in part to the purchase price of 
such property shall provide the lessor or secured creditor 
reasonable evidence of the maintenance of any required 
insurance coverage with respect to the use or ownership
155
of such property and continue to do so for so long as the 
debtor retains possession of such property.’’. 
SEC. 310. LIMITATION ON LUXURY GOODS. 
Section 523(a)(2)(C) of title 11, United States Code, 
is amended to read as follows: 
‘‘(C)(i) for purposes of subparagraph 
(A)—
‘‘(I) consumer debts owed to a single 
creditor and aggregating more than $500 
for luxury goods or services incurred by an 
individual debtor on or within 90 days be-
fore the order for relief under this title are 
presumed to be nondischargeable; and 
‘‘(II) cash advances aggregating more 
than $750 that are extensions of consumer 
credit under an open end credit plan ob-
tained by an individual debtor on or within 
70 days before the order for relief under 
this title, are presumed to be non-
dischargeable; and 
‘‘(ii) for purposes of this subparagraph—
‘‘(I) the terms ‘consumer’, ‘credit’, 
and ‘open end credit plan’ have the same 
meanings as in section 103 of the Truth in 
Lending Act; and
156
‘‘(II) the term ‘luxury goods or serv-
ices’ does not include goods or services rea-
sonably necessary for the support or main-
tenance of the debtor or a dependent of the 
debtor.’’. 
SEC. 311. AUTOMATIC STAY. 
(a) IN GENERAL.—Section 362(b) of title 11, United 
States Code, as amended by sections 224 and 303, is 
amended by inserting after paragraph (21), the following: 
‘‘(22) subject to subsection (l), under subsection 
(a)(3), of the continuation of any eviction, unlawful 
detainer action, or similar proceeding by a lessor 
against a debtor involving residential property in 
which the debtor resides as a tenant under a lease 
or rental agreement and with respect to which the 
lessor has obtained before the date of the filing of 
the bankruptcy petition, a judgment for possession 
of such property against the debtor; 
‘‘(23) subject to subsection (m), under sub-
section (a)(3), of an eviction action that seeks pos-
session of the residential property in which the debt-
or resides as a tenant under a lease or rental agree-
ment based on endangerment of such property or 
the illegal use of controlled substances on such prop-
erty, but only if the lessor files with the court, and
157
serves upon the debtor, a certification under penalty 
of perjury that such an eviction action has been 
filed, or that the debtor, during the 30-day period 
preceding the date of the filing of the certification, 
has endangered property or illegally used or allowed 
to be used a controlled substance on the property; 
‘‘(24) under subsection (a), of any transfer that 
is not avoidable under section 544 and that is not 
avoidable under section 549;’’. 
(b) LIMITATIONS.—Section 362 of title 11, United 
States Code, as amended by sections 106 and 305, is 
amended by adding at the end the following: 
‘‘(l)(1) Except as otherwise provided in this sub-
section, subsection (b)(22) shall apply on the date that 
is 30 days after the date on which the bankruptcy petition 
is filed, if the debtor files with the petition and serves upon 
the lessor a certification under penalty of perjury that—
‘‘(A) under nonbankruptcy law applicable in the 
jurisdiction, there are circumstances under which the 
debtor would be permitted to cure the entire mone-
tary default that gave rise to the judgment for pos-
session, after that judgment for possession was en-
tered; and 
‘‘(B) the debtor (or an adult dependent of the 
debtor) has deposited with the clerk of the court,
158
any rent that would become due during the 30-day 
period after the filing of the bankruptcy petition. 
‘‘(2) If, within the 30-day period after the filing of 
the bankruptcy petition, the debtor (or an adult dependent 
of the debtor) complies with paragraph (1) and files with 
the court and serves upon the lessor a further certification 
under penalty of perjury that the debtor (or an adult de-
pendent of the debtor) has cured, under nonbankrupcty 
law applicable in the jurisdiction, the entire monetary de-
fault that gave rise to the judgment under which posses-
sion is sought by the lessor, subsection (b)(22) shall not 
apply, unless ordered to apply by the court under para-
graph (3). 
‘‘(3)(A) If the lessor files an objection to any certifi-
cation filed by the debtor under paragraph (1) or (2), and 
serves such objection upon the debtor, the court shall hold 
a hearing within 10 days after the filing and service of 
such objection to determine if the certification filed by the 
debtor under paragraph (1) or (2) is true. 
‘‘(B) If the court upholds the objection of the lessor 
filed under subparagraph (A)—
‘‘(i) subsection (b)(22) shall apply immediately 
and relief from the stay provided under subsection 
(a)(3) shall not be required to enable the lessor to
159
complete the process to recover full possession of the 
property; and 
‘‘(ii) the clerk of the court shall immediately 
serve upon the lessor and the debtor a certified copy 
of the court’s order upholding the lessor’s objection. 
‘‘(4) If a debtor, in accordance with paragraph (5), 
indicates on the petition that there was a judgment for 
possession of the residential rental property in which the 
debtor resides and does not file a certification under para-
graph (1) or (2)—
‘‘(A) subsection (b)(22) shall apply immediately 
upon failure to file such certification, and relief from 
the stay provided under subsection (a)(3) shall not 
be required to enable the lessor to complete the 
process to recover full possession of the property; 
and 
‘‘(B) the clerk of the court shall immediately 
serve upon the lessor and the debtor a certified copy 
of the docket indicating the absence of a filed certifi-
cation and the applicability of the exception to the 
stay under subsection (b)(22). 
‘‘(5)(A) Where a judgment for possession of residen-
tial property in which the debtor resides as a tenant under 
a lease or rental agreement has been obtained by the les-
sor, the debtor shall so indicate on the bankruptcy petition
160
and shall provide the name and address of the lessor that 
obtained that pre-petition judgment on the petition and 
on any certification filed under this subsection. 
‘‘(B) The form of certification filed with the petition, 
as specified in this subsection, shall provide for the debtor 
to certify, and the debtor shall certify— 
‘‘(i) whether a judgment for possession of resi-
dential rental housing in which the debtor resides 
has been obtained against the debtor before the date 
of the filing of the petition; and 
‘‘(ii) whether the debtor is claiming under para-
graph (1) that under nonbankruptcy law applicable 
in the jurisdiction, there are circumstances under 
which the debtor would be permitted to cure the en-
tire monetary default that gave rise to the judgment 
for possession, after that judgment of possession was 
entered, and has made the appropriate deposit with 
the court. 
‘‘(C) The standard forms (electronic and otherwise) 
used in a bankruptcy proceeding shall be amended to re-
flect the requirements of this subsection. 
‘‘(D) The clerk of the court shall arrange for the 
prompt transmittal of the rent deposited in accordance 
with paragraph (1)(B) to the lessor.
161
‘‘(m)(1) Except as otherwise provided in this sub-
section, subsection (b)(23) shall apply on the date that 
is 15 days after the date on which the lessor files and 
serves a certification described in subsection (b)(23). 
‘‘(2)(A) If the debtor files with the court an objection 
to the truth or legal sufficiency of the certification de-
scribed in subsection (b)(23) and serves such objection 
upon the lessor, subsection (b)(23) shall not apply, unless 
ordered to apply by the court under this subsection. 
‘‘(B) If the debtor files and serves the objection under 
subparagraph (A), the court shall hold a hearing within 
10 days after the filing and service of such objection to 
determine if the situation giving rise to the lessor’s certifi-
cation under paragraph (1) existed or has been remedied. 
‘‘(C) If the debtor can demonstrate to the satisfaction 
of the court that the situation giving rise to the lessor’s 
certification under paragraph (1) did not exist or has been 
remedied, the stay provided under subsection (a)(3) shall 
remain in effect until the termination of the stay under 
this section. 
‘‘(D) If the debtor cannot demonstrate to the satis-
faction of the court that the situation giving rise to the 
lessor’s certification under paragraph (1) did not exist or 
has been remedied—
162
‘‘(i) relief from the stay provided under sub-
section (a)(3) shall not be required to enable the les-
sor to proceed with the eviction; and 
‘‘(ii) the clerk of the court shall immediately 
serve upon the lessor and the debtor a certified copy 
of the court’s order upholding the lessor’s certifi-
cation. 
‘‘(3) If the debtor fails to file, within 15 days, an 
objection under paragraph (2)(A)—
‘‘(A) subsection (b)(23) shall apply immediately 
upon such failure and relief from the stay provided 
under subsection (a)(3) shall not be required to en-
able the lessor to complete the process to recover full 
possession of the property; and 
‘‘(B) the clerk of the court shall immediately 
serve upon the lessor and the debtor a certified copy 
of the docket indicating such failure.’’. 
SEC. 312. EXTENSION OF PERIOD BETWEEN BANKRUPTCY 
DISCHARGES. 
Title 11, United States Code, is amended—
(1) in section 727(a)(8), by striking ‘‘six’’ and 
inserting ‘‘8’’; and 
(2) in section 1328, by inserting after sub-
section (e) the following:
163
‘‘(f) Notwithstanding subsections (a) and (b), the 
court shall not grant a discharge of all debts provided for 
in the plan or disallowed under section 502, if the debtor 
has received a discharge—
‘‘(1) in a case filed under chapter 7, 11, or 12 
of this title during the 4-year period preceding the 
date of the order for relief under this chapter, or 
‘‘(2) in a case filed under chapter 13 of this 
title during the 2-year period preceding the date of 
such order.’’. 
SEC. 313. DEFINITION OF HOUSEHOLD GOODS AND AN-
TIQUES. 
(a) DEFINITION.—Section 522(f) of title 11, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(4)(A) Subject to subparagraph (B), for purposes 
of paragraph (1)(B), the term ‘household goods’ means—
‘‘(i) clothing; 
‘‘(ii) furniture; 
‘‘(iii) appliances; 
‘‘(iv) 1 radio; 
‘‘(v) 1 television; 
‘‘(vi) 1 VCR; 
‘‘(vii) linens; 
‘‘(viii) china;
164
‘‘(ix) crockery; 
‘‘(x) kitchenware; 
‘‘(xi) educational materials and educational 
equipment primarily for the use of minor dependent 
children of the debtor; 
(xii) medical equipment and supplies; 
‘‘(xiii) furniture exclusively for the use of minor 
children, or elderly or disabled dependents of the 
debtor; 
‘‘(xiv) personal effects (including the toys and 
hobby equipment of minor dependent children and 
wedding rings) of the debtor and the dependents of 
the debtor; and 
‘‘(xv) 1 personal computer and related equip-
ment. 
‘‘(B) The term ‘household goods’ does not include—
‘‘(i) works of art (unless by or of the debtor, or 
any relative of the debtor); 
‘‘(ii) electronic entertainment equipment with a 
fair market value of more than $500 in the aggre-
gate (except 1 television, 1 radio, and 1 VCR); 
‘‘(iii) items acquired as antiques with a fair 
market value of more than $500 in the aggregate;
165
‘‘(iv) jewelry with a fair market value of more 
than $500 in the aggregate (except wedding rings); 
and 
‘‘(v) a computer (except as otherwise provided 
for in this section), motor vehicle (including a trac-
tor or lawn tractor), boat, or a motorized rec-
reational device, conveyance, vehicle, watercraft, or 
aircraft.’’. 
(b) STUDY.—Not later than 2 years after the date 
of enactment of this Act, the Director of the Executive 
Office for United States Trustees shall submit a report 
to the Committee on the Judiciary of the Senate and the 
Committee on the Judiciary of the House of Representa-
tives containing its findings regarding utilization of the 
definition of household goods, as defined in section 
522(f)(4) of title 11, United States Code, as added by sub-
section (a), with respect to the avoidance of nonpossessory, 
nonpurchase money security interests in household goods 
under section 522(f)(1)(B) of title 11, United States Code, 
and the impact such section 522(f)(4) has had on debtors 
and on the bankruptcy courts. Such report may include 
recommendations for amendments to such section 
522(f)(4) consistent with the Director’s findings.
166
SEC. 314. DEBT INCURRED TO PAY NONDISCHARGEABLE 
DEBTS. 
(a) IN GENERAL.—Section 523(a) of title 11, United 
States Code, is amended by inserting after paragraph (14) 
the following: 
‘‘(14A) incurred to pay a tax to a governmental 
unit, other than the United States, that would be 
nondischargeable under paragraph (1);’’. 
(b) DISCHARGE
UNDER
CHAPTER
13.—Section 
1328(a) of title 11, United States Code, is amended by 
striking paragraphs (1) through (3) and inserting the fol-
lowing: 
‘‘(1) provided for under section 1322(b)(5); 
‘‘(2) of the kind specified in paragraph (2), (3), 
(4), (5), (8), or (9) of section 523(a); 
‘‘(3) for restitution, or a criminal fine, included 
in a sentence on the debtor’s conviction of a crime; 
or 
‘‘(4) for restitution, or damages, awarded in a 
civil action against the debtor as a result of willful 
or malicious injury by the debtor that caused per-
sonal injury to an individual or the death of an indi-
vidual.’’.
167
SEC. 315. GIVING CREDITORS FAIR NOTICE IN CHAPTERS 7 
AND 13 CASES. 
(a) NOTICE.—Section 342 of title 11, United States 
Code, as amended by section 102, is amended—
(1) in subsection (c)—
(A) by inserting ‘‘(1)’’ after ‘‘(c)’’; 
(B) by striking ‘‘, but the failure of such 
notice to contain such information shall not in-
validate the legal effect of such notice’’; and 
(C) by adding at the end the following: 
‘‘(2)(A) If, within the 90 days before the commence-
ment of a voluntary case, a creditor supplies the debtor 
in at least 2 communications sent to the debtor with the 
current account number of the debtor and the address at 
which such creditor requests to receive correspondence, 
then any notice required by this title to be sent by the 
debtor to such creditor shall be sent to such address and 
shall include such account number. 
‘‘(B) If a creditor would be in violation of applicable 
nonbankruptcy law by sending any such communication 
within such 90-day period and if such creditor supplies 
the debtor in the last 2 communications with the current 
account number of the debtor and the address at which 
such creditor requests to receive correspondence, then any 
notice required by this title to be sent by the debtor to
168
such creditor shall be sent to such address and shall in-
clude such account number.’’; and 
(2) by adding at the end the following: 
‘‘(e)(1) In a case under chapter 7 or 13 of this title 
of a debtor who is an individual, a creditor at any time 
may both file with the court and serve on the debtor a 
notice of address to be used to provide notice in such case 
to such creditor. 
‘‘(2) Any notice in such case required to be provided 
to such creditor by the debtor or the court later than 5 
days after the court and the debtor receive such creditor’s 
notice of address, shall be provided to such address. 
‘‘(f)(1) An entity may file with any bankruptcy court 
a notice of address to be used by all the bankruptcy courts 
or by particular bankruptcy courts, as so specified by such 
entity at the time such notice is filed, to provide notice 
to such entity in all cases under chapters 7 and 13 pend-
ing in the courts with respect to which such notice is filed, 
in which such entity is a creditor. 
‘‘(2) In any case filed under chapter 7 or 13, any 
notice required to be provided by a court with respect to 
which a notice is filed under paragraph (1), to such entity 
later than 30 days after the filing of such notice under 
paragraph (1) shall be provided to such address unless 
with respect to a particular case a different address is
169
specified in a notice filed and served in accordance with 
subsection (e). 
‘‘(3) A notice filed under paragraph (1) may be with-
drawn by such entity. 
‘‘(g)(1) Notice provided to a creditor by the debtor 
or the court other than in accordance with this section 
(excluding this subsection) shall not be effective notice 
until such notice is brought to the attention of such cred-
itor. If such creditor designates a person or an organiza-
tional subdivision of such creditor to be responsible for 
receiving notices under this title and establishes reason-
able procedures so that such notices receivable by such 
creditor are to be delivered to such person or such subdivi-
sion, then a notice provided to such creditor other than 
in accordance with this section (excluding this subsection) 
shall not be considered to have been brought to the atten-
tion of such creditor until such notice is received by such 
person or such subdivision. 
‘‘(2) A monetary penalty may not be imposed on a 
creditor for a violation of a stay in effect under section 
362(a) (including a monetary penalty imposed under sec-
tion 362(k)) or for failure to comply with section 542 or 
543 unless the conduct that is the basis of such violation 
or of such failure occurs after such creditor receives notice 
effective under this section of the order for relief.’’.
170
(b) DEBTOR’S DUTIES.—Section 521 of title 11, 
United States Code, as amended by sections 106, 225, and 
305, is amended—
(1) in subsection (a), as so designated by sec-
tion 106, by amending paragraph (1) to read as fol-
lows: 
‘‘(1) file—
‘‘(A) a list of creditors; and 
‘‘(B) unless the court orders otherwise—
‘‘(i) a schedule of assets and liabil-
ities; 
‘‘(ii) a schedule of current income and 
current expenditures; 
‘‘(iii) a statement of the debtor’s fi-
nancial affairs and, if section 342(b) ap-
plies, a certificate—
‘‘(I) of an attorney whose name 
is indicated on the petition as the at-
torney for the debtor, or a bankruptcy 
petition preparer signing the petition 
under section 110(b)(1), indicating 
that such attorney or the bankruptcy 
petition preparer delivered to the 
debtor the notice required by section 
342(b); or
171
‘‘(II) if no attorney is so indi-
cated, and no bankruptcy petition pre-
parer signed the petition, of the debt-
or that such notice was received and 
read by the debtor; 
‘‘(iv) copies of all payment advices or 
other evidence of payment received within 
60 days before the date of the filing of the 
petition, by the debtor from any employer 
of the debtor; 
‘‘(v) a statement of the amount of 
monthly net income, itemized to show how 
the amount is calculated; and 
‘‘(vi) a statement disclosing any rea-
sonably anticipated increase in income or 
expenditures over the 12-month period fol-
lowing the date of the filing of the peti-
tion;’’; and 
(2) by adding at the end the following: 
‘‘(e)(1) If the debtor in a case under chapter 7 or 
13 is an individual and if a creditor files with the court 
at any time a request to receive a copy of the petition, 
schedules, and statement of financial affairs filed by the 
debtor, then the court shall make such petition, such 
schedules, and such statement available to such creditor.
172
‘‘(2)(A) The debtor shall provide—
‘‘(i) 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 debt-
or, a transcript of such return) for the most recent 
tax year ending immediately before the commence-
ment of the case and for which a Federal income tax 
return was filed; and 
‘‘(ii) at the same time the debtor complies with 
clause (i), a copy of such return (or if elected under 
clause (i), such transcript) to any creditor that time-
ly requests such copy. 
‘‘(B) If the debtor fails to comply with clause (i) or 
(ii) of subparagraph (A), the court shall dismiss the case 
unless the debtor demonstrates that the failure to so com-
ply is due to circumstances beyond the control of the debt-
or. 
‘‘(C) 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 tran-
script to the trustee, then the court shall dismiss the case 
unless the debtor demonstrates that the failure to provide
173
a copy of such tax return or such transcript is due to cir-
cumstances beyond the control of the debtor. 
‘‘(3) If a creditor in a case under chapter 13 files 
with the court at any time a request to receive a copy 
of the plan filed by the debtor, then the court shall make 
available to such creditor a copy of the plan—
‘‘(A) at a reasonable cost; and 
‘‘(B) not later than 5 days after such request 
is filed. 
‘‘(f) At the request of the court, the United States 
trustee, or any party in interest in a case under chapter 
7, 11, or 13, a debtor who is an individual shall file with 
the court— 
‘‘(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-
174
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; 
‘‘(3) a copy of each amendment to any Federal 
income tax return or transcript filed with the court 
under paragraph (1) or (2); and 
‘‘(4) in a case under chapter 13—
‘‘(A) on the date that is either 90 days 
after the end of such tax year or 1 year after 
the date of the commencement of the case, 
whichever is later, if a plan is not confirmed be-
fore such later date; and 
‘‘(B) annually after the plan is confirmed 
and until the case is closed, not later than the 
date that is 45 days before the anniversary of 
the confirmation of the plan; 
a statement, under penalty of perjury, of the income 
and expenditures of the debtor during the tax year 
of the debtor most recently concluded before such 
statement is filed under this paragraph, and of the 
monthly income of the debtor, that shows how in-
come, expenditures, and monthly income are cal-
culated. 
‘‘(g)(1) A statement referred to in subsection (f)(4) 
shall disclose—
175
‘‘(A) the amount and sources of the income of 
the debtor; 
‘‘(B) the identity of any person responsible with 
the debtor for the support of any dependent of the 
debtor; and 
‘‘(C) the identity of any person who contrib-
uted, and the amount contributed, to the household 
in which the debtor resides. 
‘‘(2) The tax returns, amendments, and statement of 
income and expenditures described in subsections 
(e)(2)(A) and (f) shall be available to the United States 
trustee (or the bankruptcy administrator, if any), the 
trustee, and any party in interest for inspection and copy-
ing, subject to the requirements of section 315(c) of the 
Bankruptcy Abuse Prevention and Consumer Protection 
Act of 2005. 
‘‘(h) 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.’’.
176
(c)(1) Not later than 180 days after the date of the 
enactment of this Act, the Director of the Administrative 
Office of the United States Courts shall establish proce-
dures for safeguarding the confidentiality of any tax infor-
mation required to be provided under this section. 
(2) The procedures under paragraph (1) shall include 
restrictions on creditor access to tax information that is 
required to be provided under this section. 
(3) Not later than 540 days after the date of enact-
ment of this Act, the Director of the Administrative Office 
of the United States Courts shall prepare and submit to 
the President pro tempore of the Senate and the Speaker 
of the House of Representatives a report that—
(A) assesses the effectiveness of the procedures 
established under paragraph (1); and 
(B) if appropriate, includes proposed legislation 
to—
(i) further protect the confidentiality of tax 
information; and 
(ii) provide penalties for the improper use 
by any person of the tax information required 
to be provided under this section.
177
SEC. 316. DISMISSAL FOR FAILURE TO TIMELY FILE SCHED-
ULES OR PROVIDE REQUIRED INFORMATION. 
Section 521 of title 11, United States Code, as 
amended by sections 106, 225, 305, and 315, is amended 
by adding at the end the following: 
‘‘(i)(1) Subject to paragraphs (2) and (4) and not-
withstanding section 707(a), if an individual debtor in a 
voluntary case under chapter 7 or 13 fails to file all of 
the information required under subsection (a)(1) within 
45 days after the date of the filing of the petition, the 
case shall be automatically dismissed effective on the 46th 
day after the date of the filing of the petition. 
‘‘(2) Subject to paragraph (4) and with respect to 
a case described in paragraph (1), any party in interest 
may request the court to enter an order dismissing the 
case. If requested, the court shall enter an order of dis-
missal not later than 5 days after such request. 
‘‘(3) Subject to paragraph (4) and upon request of 
the debtor made within 45 days after the date of the filing 
of the petition described in paragraph (1), the court may 
allow the debtor an additional period of not to exceed 45 
days to file the information required under subsection 
(a)(1) if the court finds justification for extending the pe-
riod for the filing. 
‘‘(4) Notwithstanding any other provision of this sub-
section, on the motion of the trustee filed before the expi-
178
ration of the applicable period of time specified in para-
graph (1), (2), or (3), and after notice and a hearing, the 
court may decline to dismiss the case if the court finds 
that the debtor attempted in good faith to file all the infor-
mation required by subsection (a)(1)(B)(iv) and that the 
best interests of creditors would be served by administra-
tion of the case.’’. 
SEC. 317. ADEQUATE TIME TO PREPARE FOR HEARING ON 
CONFIRMATION OF THE PLAN. 
Section 1324 of title 11, United States Code, is 
amended—
(1) by striking ‘‘After’’ and inserting the fol-
lowing: 
‘‘(a) Except as provided in subsection (b) and after’’; 
and 
(2) by adding at the end the following: 
‘‘(b) The hearing on confirmation of the plan may 
be held not earlier than 20 days and not later than 45 
days after the date of the meeting of creditors under sec-
tion 341(a), unless the court determines that it would be 
in the best interests of the creditors and the estate to hold 
such hearing at an earlier date and there is no objection 
to such earlier date.’’.