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‘‘(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 subsection (h). 
‘‘(h)(1) Not later than 180 days after the date of the 
enactment of the Bankruptcy Abuse Prevention and Con-
sumer Protection Act of 2002, the Director of the Admin-
istrative Office of the United States Courts shall establish 
procedures for safeguarding the confidentiality of any tax 
information required to be provided under this section. 
‘‘(2) The procedures under paragraph (1) shall in-
clude 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 the Bankruptcy Abuse Prevention and Consumer 
Protection Act of 2002, the Director of the Administrative 
Office of the United States Courts shall prepare and sub-
mit to the President pro tempore of the Senate and the 
Speaker of the House of Representatives a report that—
175
‘‘(A) assesses the effectiveness of the proce-
dures established under paragraph (1); and 
‘‘(B) if appropriate, includes proposed legisla-
tion 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. 
‘‘(i) 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.’’.
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: 
‘‘(j)(1) Subject to paragraphs (2) and (4) and not-
withstanding section 707(a), if an individual debtor in a
176
voluntary case under chapter 7 or 13 fails to file all of 
the information required under subsection (a)(1) within 
45 days after the filing of the petition commencing the 
case, the case shall be automatically dismissed effective 
on the 46th day after 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 filing of the peti-
tion commencing a case 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 sub-
section (a)(1) if the court finds justification for extending 
the period for the filing. 
‘‘(4) Notwithstanding any other provision of this sub-
section, on the motion of the trustee filed before the expi-
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
177
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.’’. 
SEC. 318. CHAPTER 13 PLANS TO HAVE A 5-YEAR DURATION 
IN CERTAIN CASES. 
Title 11, United States Code, is amended—
(1) by amending section 1322(d) to read as fol-
lows:
178
‘‘(d)(1) If the current monthly income of the debtor 
and the debtor’s spouse combined, when multiplied by 12, 
is not less than—
‘‘(A) in the case of a debtor in a household of 
1 person, the median family income of the applicable 
State for 1 earner; 
‘‘(B) in the case of a debtor in a household of 
2, 3, or 4 individuals, the highest median family in-
come of the applicable State for a family of the same 
number or fewer individuals; or 
‘‘(C) in the case of a debtor in a household ex-
ceeding 4 individuals, the highest median family in-
come of the applicable State for a family of 4 or 
fewer individuals, plus $525 per month for each in-
dividual in excess of 4, 
the plan may not provide for payments over a period that 
is longer than 5 years. 
‘‘(2) If the current monthly income of the debtor and 
the debtor’s spouse combined, when multiplied by 12, is 
less than—
‘‘(A) in the case of a debtor in a household of 
1 person, the median family income of the applicable 
State for 1 earner last; 
‘‘(B) in the case of a debtor in a household of 
2, 3, or 4 individuals, the highest median family in-
179
come of the applicable State for a family of the same 
number or fewer individuals; or 
‘‘(C) in the case of a debtor in a household ex-
ceeding 4 individuals, the highest median family in-
come of the applicable State for a family of 4 or 
fewer individuals , plus $525 per month for each in-
dividual in excess of 4, 
the plan may not provide for payments over a period that 
is longer than 3 years, unless the court, for cause, ap-
proves a longer period, but the court may not approve a 
period that is longer than 5 years.’’; 
(2) in section 1325(b)(1)(B), by striking 
‘‘three-year period’’ and inserting ‘‘applicable com-
mitment period’’; and 
(3) in section 1325(b), as amended by section 
102, by adding at the end the following: 
‘‘(4) For purposes of this subsection, the ‘applicable 
commitment period’—
‘‘(A) subject to subparagraph (B), shall be—
‘‘(i) 3 years; or 
‘‘(ii) not less than 5 years, if the current 
monthly income of the debtor and the debtor’s 
spouse combined, when multiplied by 12, is not 
less than—
180
‘‘(I) in the case of a debtor in a 
household of 1 person, the median family 
income of the applicable State for 1 earn-
er; 
‘‘(II) in the case of a debtor in a 
household of 2, 3, or 4 individuals, the 
highest median family income of the appli-
cable State for a family of the same num-
ber or fewer individuals; or 
‘‘(III) in the case of a debtor in a 
household exceeding 4 individuals, the 
highest median family income of the appli-
cable State for a family of 4 or fewer indi-
viduals , plus $525 per month for each in-
dividual in excess of 4; and 
‘‘(B) may be less than 3 or 5 years, whichever 
is applicable under subparagraph (A), but only if the 
plan provides for payment in full of all allowed unse-
cured claims over a shorter period.’’; and 
(4) in section 1329(c), by striking ‘‘three 
years’’ and inserting ‘‘the applicable commitment pe-
riod under section 1325(b)(1)(B)’’.
181
SEC. 319. SENSE OF CONGRESS REGARDING EXPANSION OF 
RULE 9011 OF THE FEDERAL RULES OF BANK-
RUPTCY PROCEDURE. 
It is the sense of Congress that rule 9011 of the Fed-
eral Rules of Bankruptcy Procedure (11 U.S.C. App.) 
should be modified to include a requirement that all docu-
ments (including schedules), signed and unsigned, sub-
mitted to the court or to a trustee by debtors who rep-
resent themselves and debtors who are represented by at-
torneys be submitted only after the debtors or the debtors’ 
attorneys have made reasonable inquiry to verify that the 
information contained in such documents is—
(1) well grounded in fact; and 
(2) warranted by existing law or a good faith 
argument for the extension, modification, or reversal 
of existing law. 
SEC. 320. PROMPT RELIEF FROM STAY IN INDIVIDUAL 
CASES. 
Section 362(e) of title 11, United States Code, is 
amended—
(1) by inserting ‘‘(1)’’ after ‘‘(e)’’; and 
(2) by adding at the end the following: 
‘‘(2) Notwithstanding paragraph (1), in a case under 
chapter 7, 11, or 13 in which the debtor is an individual, 
the stay under subsection (a) shall terminate on the date
182
that is 60 days after a request is made by a party in inter-
est under subsection (d), unless—
‘‘(A) a final decision is rendered by the court 
during the 60-day period beginning on the date of 
the request; or 
‘‘(B) that 60-day period is extended—
‘‘(i) by agreement of all parties in interest; 
or 
‘‘(ii) by the court for such specific period 
of time as the court finds is required for good 
cause, as described in findings made by the 
court.’’.
SEC. 321. CHAPTER 11 CASES FILED BY INDIVIDUALS. 
(a) PROPERTY OF THE ESTATE.—
(1) IN GENERAL.—Subchapter I of chapter 11 
of title 11, United States Code, is amended by add-
ing at the end the following: 
‘‘§ 1115. Property of the estate 
‘‘(a) In a case concerning a debtor who is an indi-
vidual, property of the estate includes, in addition to the 
property specified in section 541—
‘‘(1) all property of the kind specified in section 
541 that the debtor acquires after the commence-
ment of the case but before the case is closed, dis-
183
missed, or converted to a case under chapter 7, 12, 
or 13, whichever occurs first; and 
‘‘(2) earnings from services performed by the 
debtor after the commencement of the case but be-
fore the case is closed, dismissed, or converted to a 
case under chapter 7, 12, or 13, whichever occurs 
first.’’. 
‘‘(b) Except as provided in section 1104 or a con-
firmed plan or order confirming a plan, the debtor shall 
remain in possession of all property of the estate.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for subchapter I of chapter 11 of title 11, 
United States Code, is amended by adding at the 
end the following:
‘‘1115. Property of the estate.’’.
(b) CONTENTS OF PLAN.—Section 1123(a) of title 
11, United States Code, is amended—
(1) in paragraph (6), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (7), by striking the period and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(8) in a case in which the debtor is an indi-
vidual, provide for the payment to creditors under 
the plan of all or such portion of earnings from per-
sonal services performed by the debtor after the
184
commencement of the case or other future income of 
the debtor as is necessary for the execution of the 
plan.’’. 
(c) CONFIRMATION OF PLAN.—
(1) REQUIREMENTS RELATING TO VALUE OF 
PROPERTY.—Section 1129(a) of title 11, United 
States Code, as amended by section 213, is amended 
by adding at the end the following: 
‘‘(15) In a case in which the debtor is an indi-
vidual and in which the holder of an allowed unse-
cured claim objects to the confirmation of the plan—
‘‘(A) the value, as of the effective date of 
the plan, of the property to be distributed 
under the plan on account of such claim is not 
less than the amount of such claim; or 
‘‘(B) the value of the property to be dis-
tributed under the plan is not less than the pro-
jected disposable income of the debtor (as de-
fined in section 1325(b)(2)) to be received dur-
ing the 5-year period beginning on the date that 
the first payment is due under the plan, or dur-
ing the period for which the plan provides pay-
ments, whichever is longer.’’.
(2) REQUIREMENT RELATING TO INTERESTS IN 
PROPERTY.—Section 1129(b)(2)(B)(ii) of title 11,
185
United States Code, is amended by inserting before 
the period at the end the following: ‘‘, except that 
in a case in which the debtor is an individual, the 
debtor may retain property included in the estate 
under section 1115, subject to the requirements of 
subsection (a)(14) of this section.’’.
(d) EFFECT OF CONFIRMATION.—Section 1141(d) of 
title 11, United States Code, is amended—
(1) in paragraph (2), by striking ‘‘The con-
firmation of a plan does not discharge an individual 
debtor’’ and inserting ‘‘A discharge under this chap-
ter does not discharge a debtor who is an indi-
vidual’’; and 
(2) by adding at the end the following: 
‘‘(5) In a case in which the debtor is an individual—
‘‘(A) unless after notice and a hearing the court 
orders otherwise for cause, confirmation of the plan 
does not discharge any debt provided for in the plan 
until the court grants a discharge on completion of 
all payments under the plan; 
‘‘(B) at any time after the confirmation of the 
plan, and after notice and a hearing, the court may 
not grant a discharge to the debtor who has not 
completed payments under the plan unless—
186
‘‘(i) for each allowed unsecured claim, the 
value, as of the effective date of the plan, of 
property actually distributed under the plan on 
account of that claim is not less than the 
amount that would have been paid on such 
claim if the estate of the debtor had been liq-
uidated under chapter 7 of this title on such 
date; and 
‘‘(ii) modification of the plan under section 
1127 of this title is not practicable; and’’. 
(e) MODIFICATION OF PLAN.—Section 1127 of title 
11, United States Code, is amended by adding at the end 
the following: 
‘‘(e) If the debtor is an individual, the plan may be 
modified at any time after confirmation of the plan but 
before the completion of payments under the plan, whether 
or not the plan has been substantially consummated, upon 
request of the debtor, the trustee, the United States trust-
ee, or the holder of an allowed unsecured claim, to—
‘‘(1) increase or reduce the amount of payments 
on claims of a particular class provided for by the 
plan; 
‘‘(2) extend or reduce the time period for such 
payments; or
187
‘‘(3) alter the amount of the distribution to a 
creditor whose claim is provided for by the plan to 
the extent necessary to take account of any payment 
of such claim made other than under the plan. 
‘‘(f)(1) Sections 1121 through 1128 of this title and 
the requirements of section 1129 of this title apply to any 
modification under subsection (a). 
‘‘(2) The plan, as modified, shall become the plan 
only after there has been disclosure under section 1125 
as the court may direct, notice and a hearing, and such 
modification is approved.’’.
SEC. 322. LIMITATIONS ON HOMESTEAD EXEMPTION. 
(a) EXEMPTIONS.—Section 522 of title 11, United 
States Code, as amended by sections 224 and 308, is 
amended by adding at the end the following: 
‘‘(p)(1) Except as provided in paragraph (2) of this 
subsection and sections 544 and 548 of this title, as a 
result of electing under subsection (b)(3)(A) to exempt 
property under State or local law, a debtor may not ex-
empt any amount of interest that was acquired by the 
debtor during the 1215-day period preceding the filing of 
the petition which exceeds in the aggregate $125,000 in 
value in—
‘‘(A) real or personal property that the debtor 
or a dependent of the debtor uses as a residence;
188
‘‘(B) a cooperative that owns property that the 
debtor or a dependent of the debtor uses as a resi-
dence; 
‘‘(C) a burial plot for the debtor or a dependent 
of the debtor; or 
‘‘(D) real or personal property that the debtor 
or dependent of the debtor claims as a homestead. 
‘‘(2)(A) The limitation under paragraph (1) shall not 
apply to an exemption claimed under subsection (b)(3)(A) 
by a family farmer for the principal residence of that 
farmer. 
‘‘(B) For purposes of paragraph (1), 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 1215-day period) 
into the debtor’s current principal residence, if the 
debtor’s previous and current residences are located in the 
same State. 
‘‘(q)(1) As a result of electing under subsection 
(b)(3)(A) to exempt property under State or local law, a 
debtor may not exempt any amount of an interest in prop-
erty described in subparagraphs (A), (B), (C), and (D) 
of subsection (p)(1) which exceeds in the aggregate 
$125,000 if—