No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10500 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 10500
To amend title 11, United States Code, to add a bankruptcy chapter
relating to the debt of individuals, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 18, 2024
Mr. Nadler (for himself and Ms. Jayapal) introduced the following bill;
which was referred to the Committee on the Judiciary, and in addition
to the Committee on Financial Services, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title 11, United States Code, to add a bankruptcy chapter
relating to the debt of individuals, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Bankruptcy Reform Act of
2024''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--CHAPTER 10 INDIVIDUAL BANKRUPTCY
Sec. 101. Findings and purpose.
Sec. 102. Chapter 10 individual bankruptcy.
Sec. 103. Repeal of chapter 13.
Sec. 104. Other amendments to the Bankruptcy Code.
Sec. 105. Data collection.
Sec. 106. Electronic signatures.
Sec. 107. Judicial education.
Sec. 108. Conforming amendments to other laws.
TITLE II--CONSUMER FINANCIAL PROTECTION AMENDMENTS
Sec. 201. Amendments to the Consumer Financial Protection Act of 2010.
Sec. 202. Amendments to the Truth in Lending Act.
Sec. 203. Amendments to the Fair Credit Reporting Act.
Sec. 204. Amendments to the Equal Credit Opportunity Act.
Sec. 205. Amendments to the Fair Debt Collection Practices Act.
Sec. 206. Amendments to the Electronic Fund Transfers Act.
TITLE III--BANKRUPTCY RULES
Sec. 301. Rules Enabling Act amendments.
Sec. 302. Bankruptcy rules amendments.
Sec. 303. Sense of Congress.
TITLE IV--FUNDING THE BANKRUPTCY SYSTEM
Sec. 401. Bankruptcy fees.
Sec. 402. Trustee compensation.
TITLE V--MISCELLANEOUS
Sec. 501. Effective date.
Sec. 502. Transition.
Sec. 503. Severability.
TITLE I--CHAPTER 10 INDIVIDUAL BANKRUPTCY
SEC. 101. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) individuals and families are often in financial
distress for reasons outside of their control, such as job
loss, medical bills, or educational debt, and an effective
bankruptcy system not only provides those individuals and
families with a fresh start but also ensures that they can
participate fully in the United States economy;
(2) the Bankruptcy Code was adopted in 1978, and, since
then, consumer lending has grown dramatically and been
transformed by technology and the preemption of State usury and
consumer protection laws for certain types of lenders;
(3) unnecessary paperwork and overly complex laws increase
the cost of bankruptcy and prevent individuals and families in
the United States who need help from accessing the bankruptcy
system;
(4) many consumer debtors cannot afford bankruptcy counsel
and must instead save up to pay an attorney to file their
bankruptcy petitions;
(5) the dual-track bankruptcy system produces racially
disparate outcomes that disadvantage people of color;
(6) student loan debt burdens are creating distortions in
the labor and housing market;
(7) the nondischargeability of private student loan debt
has not resulted in lower financing costs for student loan
borrowers;
(8) the inability of debtors to restructure home mortgage
loans has led to unnecessary foreclosures that have created
hardships for individuals and families and their communities
without reducing costs of mortgage financing;
(9) individuals and families often rely on their cars to
get to work and to get dependents to school and medical
appointments but often cannot retain their cars in bankruptcy
without paying substantially more than the car is worth;
(10) the difficulty of enforcing the discharge injunction
has enabled illegal debt collection activity that undercuts the
fresh start policy of bankruptcy;
(11) existing law does not provide a sufficient deterrent
to predatory creditors that harm individuals and families in
bankruptcy by violating consumer financial laws or failing to
comply with bankruptcy rules; and
(12) well-counseled, affluent debtors can avoid repaying
creditors through asset protection planning.
(b) Purpose.--The purpose of this Act is to establish a bankruptcy
system that helps individuals and families in the United States regain
financial stability and protects against abusive and predatory behavior
by--
(1) streamlining the process of filing for bankruptcy,
simplifying court procedures in bankruptcy, and lowering the
cost of bankruptcy for both consumers and creditors;
(2) creating a single-chapter consumer bankruptcy system
that allows consumers greater flexibility in addressing their
debts and prevents disparate treatment of similarly situated
consumers;
(3) offering consumers more and better options to deal with
debts, while ensuring the fair treatment of creditors;
(4) making it easier for consumers to pay an attorney for
counsel or representation in a bankruptcy case;
(5) simplifying the identification and treatment of cases
by expanding the number of routine cases that are handled by
the court in which there is no chance of a reasonable payment
to creditors and reducing paperwork requirements in those
routine cases;
(6) allowing the modification of mortgages on all
residences;
(7) allowing the modification of car loans based on the
market value of a car;
(8) allowing the discharge of student loan debt on equal
terms with most other types of debt;
(9) reducing racial, gender, and other harmful disparities
in the availability, accessibility, costs, and outcomes with
respect to the bankruptcy process;
(10) ensuring the fair treatment of claimants for domestic
support obligations;
(11) reducing abusive creditor behavior; and
(12) closing bankruptcy loopholes that allow the wealthy to
exploit the bankruptcy process.
SEC. 102. CHAPTER 10 INDIVIDUAL BANKRUPTCY.
(a) In General.--Title 11, United States Code, is amended by
inserting after section 946 the following:
``CHAPTER 10--INDIVIDUAL BANKRUPTCY
``subchapter i--general provisions
``Sec.
``1001. Trustee.
``1002. Rights and powers of debtor.
``1003. Debtor engaged in business.
``1004. Possession of property of the estate.
``1005. Conversion or dismissal.
``1006. Treatment of certain contracts and leases.
``1007. Treatment of rental purchase agreements.
``1008. Obtaining credit.
``1009. Stay of action against codebtor.
``1010. Interpretive principle.
``subchapter ii--plans
``1021. Filing of plans.
``1022. Contents of plans.
``1023. Plan confirmation hearing.
``1024. Confirmation of plans.
``1025. Payments under a repayment plan.
``1026. Payments under a residence plan or property plan.
``1027. Protection of lessors and purchase money lenders.
``1028. Effect of confirmation.
``1029. Modification of repayment plan.
``subchapter iii--discharge
``1031. Discharge; scope and timing.
``1032. Revocation of discharge or order of confirmation.
``subchapter iv--avoidance actions
``1041. Treatment of certain liens.
``1042. Limitations on avoidance actions.
``subchapter v--limited proceedings
``1051. Election of limited proceeding.
``1052. Effect of limited proceeding.
``1053. Dismissal or conversion of limited proceedings.
``SUBCHAPTER I--GENERAL PROVISIONS
``Sec. 1001. Trustee
``(a) Appointment.--Except as provided by section 1052, in a case
under this chapter, the United States trustee--
``(1) shall appoint 1 disinterested individual to serve as
trustee from the panel of private trustees under section 586(a)
of title 28 or a standing trustee under subsection (b) of that
section who meets the requirements of a trustee under section
322 of this title; or
``(2) may serve as trustee.
``(b) Duties.--The trustee shall--
``(1) perform the duties required under paragraphs (2)
through (5) and (7) of section 704;
``(2) appear and be heard at any hearing that concerns--
``(A) the value of property subject to a lien; or
``(B) confirmation of a repayment plan, a residence
plan, or a property plan;
``(3) advise, other than on legal matters, and assist the
debtor in the formulation of, and performance under, any plan;
``(4) ensure that the debtor commences making timely
payments under section 1025;
``(5) in the case of a debtor against whom there is a claim
for a domestic support obligation, provide the notices required
under subsection (d); and
``(6) in the case of a debtor engaged in business as
described in section 1003(a), perform the duties required under
paragraphs (3) and (4) of section 1106(a).
``(c) Prohibitions.--The trustee may not--
``(1) serve as an advocate for debtors or creditors;
``(2) advise debtors or creditors on legal matters; or
``(3) raise an objection to a plan filed under section 1021
solely on the basis of the treatment of a secured claim under
the plan.
``(d) Domestic Support Claim Notice.--
``(1) Definition of state or local child support
enforcement agency.--In this subsection, the term `State or
local child support enforcement agency' means any agency of a
State or political subdivision thereof operating pursuant to a
plan described in section 454 of the Social Security Act (42
U.S.C. 654) that has been approved by the Secretary of Health
and Human Services under part D of title IV of such Act (42
U.S.C. 651 et seq.).
``(2) Additional duties.--In the case of a debtor against
whom there is a claim for a domestic support obligation, the
trustee shall--
``(A) provide written notice of the claim to the
holder of the domestic support obligation that
includes--
``(i) a notice of the right of the holder
to use the services of a State or local child
support enforcement agency for assistance in
collecting child support during and after the
case; and
``(ii) the address and telephone number of
the State or local child support enforcement
agency of the State or political subdivision
thereof in which the holder resides;
``(B) provide written notice of the claim to the
State or local child support enforcement agency of the
State or political subdivision thereof in which the
holder resides that includes the name, address, and
telephone number of the holder of the domestic support
obligation; and
``(C) on the date on which the debtor is granted a
discharge under section 1031, provide written notice to
the holder of the domestic support obligation and the
State or local child support enforcement agency of the
State or political subdivision thereof in which the
holder resides of--
``(i) the granting of the discharge;
``(ii) the most recent known address of the
debtor;
``(iii) the most recent known name and
address of the most recent known employer of
the debtor; and
``(iv) the name of each creditor that holds
a claim that is not discharged under paragraph
(2) or (4) of section 523(a).
``(3) Address request.--
``(A) In general.--The holder of a claim for
domestic support against the debtor or a State or local
child support enforcement agency of the State or
political subdivision thereof in which the holder
resides may request from a creditor described in
paragraph (2)(C)(iv) the most recent known address of
the debtor.
``(B) No liability.--Notwithstanding any other
provision of law, a creditor that makes a disclosure in
connection with a request made under subparagraph (A)
shall not be liable for making the disclosure.
``Sec. 1002. Rights and powers of debtor
``(a) In General.--Subject to any limitations of a trustee under
this chapter, the debtor shall have, exclusive of the trustee, the
rights and powers of a trustee under--
``(1) subsections (b), (c), (d), (f), and (l) of section
363; and
``(2) section 364.
``(b) Avoidance of Transfers.--The debtor may avoid a transfer of
property of the debtor or recover a setoff if--
``(1)(A) the transfer is avoidable by the trustee under
section 544, 545, 547, 548, 549, or 1041 or recoverable by the
trustee under section 553; and
``(B) the trustee does not attempt to avoid the transfer;
or
``(2) section 1042 prohibits the trustee from avoiding the
transfer.
``Sec. 1003. Debtor engaged in business
``(a) In General.--For the purposes of this chapter, a debtor is
engaged in business if the debtor is--
``(1) self-employed; and
``(2) required to withhold taxes under section 3402 of the
Internal Revenue Code of 1986.
``(b) Rights.--Unless the court orders otherwise, a debtor engaged
in business may operate the business of the debtor and, subject to any
limitations on a trustee under sections 363(c) and 364 and to such
limitations or conditions as the court prescribes, shall have,
exclusive of the trustee, the rights and powers of the trustee under
such sections.
``(c) Duties.--A debtor engaged in business--
``(1) shall perform the duties of the trustee required
under section 704(7); and
``(2) is not subject to the provisions of section 308.
``Sec. 1004. Possession of property of the estate
``The debtor shall remain in possession of all property of the
estate, unless--
``(1) a confirmed plan or an order confirming a plan
provides otherwise; or
``(2) the court, for cause, orders otherwise.
``Sec. 1005. Conversion or dismissal
``(a) Conversion on Request of Debtor.--At any time, the debtor may
convert a case under this chapter to a case under--
``(1) chapter 11, if the debtor is eligible under section
109(e); or
``(2) chapter 12, if the debtor is eligible under section
109(f).
``(b) Conversion or Dismissal on Request of Other Parties.--After
notice and a hearing, the court, on its own motion, or on a motion by a
creditor, the United States trustee, the trustee, or any other party in
interest, may, for cause, dismiss a case under this chapter or, with
the consent of the debtor, convert a case under this chapter to a case
under chapter 11 or 12, including--
``(1) unreasonable delay by the debtor that is prejudicial
to creditors;
``(2) nonpayment of any fees or costs required under
section 1930 of title 28;
``(3) failure to timely file a plan under section 1021,
unless the debtor is eligible for a discharge without a plan
under section 1031;
``(4) failure to commence making timely payments required
under section 1025 if the debtor files a repayment plan;
``(5) denial of confirmation of a plan under section 1024
and denial of a request for additional time for filing another
plan;
``(6) except as provided by section 1052(8), and only on
request of the United States trustee, failure of the debtor in
a voluntary case to file, not later than 14 days after the date
of the commencement of the case, or additional time as the
court may allow, the information required under section
521(a)(1); and
``(7) failure to file a repayment plan, if required, by the
deadline prescribed under section 1021(e).
``(c) Dismissal.--
``(1) Dismissal for manifestly improper use of the
bankruptcy system.--
``(A) In general.--Notwithstanding subsection (b),
after notice and a hearing, the court, on its own
motion or on a motion by the United States trustee or
the trustee, may dismiss a case on grounds that the
granting of relief would be a manifestly improper use
of the bankruptcy system.
``(B) Manifestly improper use of the bankruptcy
system.--For the purpose of subparagraph (A), the
failure of a debtor to pay an amount that is greater
than the minimum payment obligation under a repayment
plan alone does not constitute a manifestly improper
use of the bankruptcy system.
``(2) Dismissal at request of debtor.--
``(A) In general.--With respect to a case that has
not been converted under subsection (a)--
``(i) at the request of the debtor before
any plan is confirmed under section 1024, the
court shall dismiss the case; and
``(ii) at the request of the debtor after
any plan is confirmed under section 1024, the
court shall dismiss the case, unless the United
States trustee or the trustee establishes that
dismissal would not be in the best interest of
creditors.
``(B) Waiver unenforceable.--A waiver of the right
to dismiss a case under this section shall be
unenforceable.
``(C) No discharge.--In any case dismissed under
this paragraph--
``(i) the court shall not issue a
discharge; and
``(ii) any discharge previously issued is
revoked.
``Sec. 1006. Treatment of certain contracts and leases
``Notwithstanding a provision in any contract or unexpired lease,
or in applicable law, with respect to any contract or unexpired lease
of the debtor, the contract or lease and any right or obligation under
the contract or lease may not be terminated or modified, and neither
the debtor nor any individual liable on such contract or unexpired
lease with the debtor may be declared in default under the contract or
lease at any time during or after the case, solely because of a
provision in the contract or lease that is conditioned on--
``(1) the insolvency or financial condition of the debtor
at any time before the closing of the case;
``(2) the commencement of a case under this title;
``(3) the appointment of, or taking possession by--
``(A) a trustee in a case under this title; or
``(B) a custodian before the commencement of a case
under this title; or
``(4) the filing of a plan or the exercise of any other
right under this title.
``Sec. 1007. Treatment of rental purchase agreements
``(a) Definition of Rental-Purchase Agreement.--In this section,
the term `rental-purchase agreement' means an agreement, irrespective
of form--
``(1) for the use of personal property, other than a
vehicle, by the debtor for personal, family, or household
purposes;
``(2) that is renewable with each payment; and
``(3) that permits, but does not obligate, the debtor to
become the owner of the property that is the subject of the
agreement.
``(b) No Interest in Property.--For the purpose of this chapter and
notwithstanding applicable nonbankruptcy law, the lessor on a rental-
purchase agreement does not have an interest in the property covered by
the rental-purchase agreement.
``(c) Election To Retain Property.--Notwithstanding section 365, in
a case under this chapter, the debtor may elect to retain the property
covered by a rental-purchase agreement.
``(d) Claims of Lessor-Seller.--Notwithstanding sections 365 and
503 and subject to section 502, if the debtor elects to retain the
property covered by a rental-purchase agreement, the liability of the
debtor to a lessor-seller under the rental-purchase agreement shall--
``(1) be treated as if the liability arose immediately
before the date of the filing of the petition;
``(2) not be treated as an administrative expense; and
``(3) be limited to the sum of--
``(A) accrued and unpaid rent under the rental-
purchase agreement; and
``(B) future rent and other payments due under the
rental-purchase agreement.
``(e) Termination.--Nothing in this section shall be construed to
prohibit the debtor from terminating a rental-purchase agreement.
``(f) Post-Discharge Exercise of Lessor-Seller's Rights
Prohibited.--Any attempt to exercise the rights of a lessor-seller
under a rental-purchase agreement or applicable nonbankruptcy law after
the issuance of a discharge under section 1031 shall be deemed to be a
violation of section 524(a).
``Sec. 1008. Obtaining credit
``(a) Definition of Credit.--In this section, the term `credit' has
the meaning given the term in section 103 of the Truth in Lending Act
(15 U.S.C. 1602).
``(b) Obtaining Credit.--
``(1) In general.--The debtor in a case under this chapter
may not obtain credit outside the ordinary course of the
affairs of the debtor without prior authorization by the court.
``(2) Court approval.--After notice and a hearing, the
court may authorize the debtor to obtain credit under paragraph
(1) or incur debt only if it is in the best interests of the
debtor.
``(3) Voiding of other post-petition credit incurred.--Any
credit obtained or debt incurred by a debtor not in accordance
with this subsection is void.
``(4) Credit rate limit.--In no event may the court
authorize the debtor to obtain credit with an annual percentage
rate that exceeds the annual percentage rate described in
section 987(b) of title 10.
``(5) Compliance with nonbankruptcy law.--Credit obtained
by a debtor pursuant to this section shall comply with
applicable nonbankruptcy law.
``(c) Application of Section.--This section shall apply to credit
obtained by a debtor until the date on which the case is closed under
section 350.
``Sec. 1009. Stay of action against codebtor
``(a) Collection of Debt.--Except as provided in subsections (b)
and (c) of this section, after the entry of the order for relief under
this chapter, a creditor may not act or commence or continue any civil
action to collect all or any part of a consumer debt of the debtor from
any individual that is liable on the consumer debt with the debtor or
that secured the consumer debt, unless--
``(1) the individual became liable on, or secured, the
consumer debt in the ordinary course of business of the
individual; or
``(2) the case is closed, dismissed, or converted to a case
under chapter 11 or 12 of this title.
``(b) Negotiable Instruments.--A creditor may present a negotiable
instrument, and may give notice of dishonor of such an instrument.
``(c) Relief From Stay.--On request of a party in interest and
after notice and a hearing, the court shall grant relief from the stay
provided under subsection (a) with respect to a creditor, to the extent
that--
``(1) as between the debtor and the individual protected
under subsection (a), the individual received consideration for
the claim held by the creditor;
``(2) the plan filed by the debtor does not propose to pay
the claim; or
``(3) the interest of the creditor would be irreparably
harmed by a continuation of the stay.
``(d) Termination of Stay.--On the date that is 20 days after the
date on which a party in interest files a request under subsection (c)
for relief from the stay provided under subsection (a), the stay shall
be terminated with respect to the party in interest, unless the debtor
or any individual that is liable on the consumer debt with the debtor
files and serves upon the party in interest a written objection to the
proposed relief from the stay.
``Sec. 1010. Interpretive principle
``In cases in under this chapter, the provisions of this title
shall be interpreted liberally in favor of relief for consumer debtors.
``SUBCHAPTER II--PLANS
``Sec. 1021. Filing of plans
``(a) In General.--Except as provided in subsection (c), the debtor
may file--
``(1) a repayment plan that solely provides for the
treatment of unsecured claims;
``(2) a residence plan that solely provides for the
treatment of claims secured by the debtor's principal
residence; or
``(3) a property plan that solely provides for the
treatment of claims secured by property that is not the
debtor's principal residence.
``(b) Debtors With No Minimum Payment Obligation.--
``(1) In general.--A debtor that has a minimum payment
obligation of $0 shall receive a discharge under section 1031
without filing a plan if the debtor is otherwise eligible to
receive a discharge under this chapter.
``(2) Optional plans.--A debtor that has no minimum payment
obligation may elect to file 1 or more plans under subsection
(a).
``(c) Multiple Plans.--
``(1) In general.--
``(A) More than 1 plan.--Subject to subparagraph
(B), the debtor may file 1 or more plans.
``(B) Prohibition.--If the court confirms a
repayment plan of a debtor, the debtor may not file an
additional repayment plan in a case under this chapter.
``(2) Separate treatment.--Except as provided in section
1023(c), each plan shall be treated separately for purposes of
confirmation, discharge, and revocation of an order of
confirmation or discharge.
``(d) Involuntary Cases.--In a case commenced under section 303--
``(1) a petitioning creditor may file only a repayment plan
under which the minimum payment obligation of the debtor shall
be calculated to exclude any amounts required by clause (ii) of
section 101(54)(B);
``(2) the debtor may file a repayment plan, which shall
supersede any repayment plan filed under paragraph (1); and
``(3) if more than 1 petitioning creditor files a repayment
plan under paragraph (1) and the debtor does not file a
repayment plan under paragraph (2), the court shall confirm the
repayment plan that is in the best interest of creditors.
``(e) Filing Deadline.--The debtor shall promptly file a plan
within such period of time as permitted in a rule prescribed the
Judicial Conference of the United States, except that the court may
extend such time period for cause.
``Sec. 1022. Contents of plans
``(a) Repayment Plans.--
``(1) In general.--A repayment plan--
``(A) shall provide that--
``(i) the debtor shall satisfy the minimum
payment obligation by--
``(I) making deferred cash
payments; or
``(II) upon request of the trustee,
and subject to paragraph (2), tendering
to the trustee all property of the
estate that is not exempt under section
522 not later than 30 days after the
date on which the court confirms the
plan, unless the court orders a later
date;
``(ii) any payments under the repayment
plan occur during a period not to exceed 36
months from the date on which the first payment
is due under a repayment plan under section
1025(b)(1); and
``(iii) any payment under a repayment plan,
other than the final payment, shall be in an
amount that is not less than the payments
required for 36 equal monthly installments,
unless the court orders otherwise for cause,
which may include the irregular or seasonal
nature of the debtor's income; and
``(B) may--
``(i) pursuant to section 365, provide for
the assumption, rejection, or assignment of any
executory contract or unexpired lease of the
debtor that has not previously been assumed or
rejected under that section;
``(ii) provide for the payment in full, in
deferred cash payments, over the duration of
the repayment plan, of any claim based on a
debt of a kind described in section 523 if the
plan also provides for the payment in full, in
deferred cash payments, of all claims entitled
to priority under section 507, other than the
claim of a holder that is based on a debt
described in section 507 that agrees to a
different treatment of that claim;
``(iii) provide for the exercise of any
other power of the debtor or the trustee under
this title;
``(iv) provide for an order garnishing the
earnings of the debtor or ordering the
authorization of electronic fund transfers from
a deposit account of the debtor during the
duration of the repayment plan; and
``(v) include any other appropriate
provision not inconsistent with this title.
``(2) Request for tender by trustee.--
``(A) In general.--The trustee shall request the
tender of property of the estate that is not exempt
under section 522 only if the liquidation of such
property would be reasonably likely to produce a
meaningful distribution to creditors.
``(B) Installment redemption as an alternative to
tender.--In lieu of tendering nonexempt property of the
estate under paragraph (1)(A)(i)(II), the debtor may
elect to pay to the trustee under the repayment plan an
amount equal to the value of the interest of the debtor
in such property that is in excess of the sum of--
``(i) any allowed secured claims that are
secured by that property; and
``(ii) any exemption applicable under
section 522(b).
``(C) Execution of documents to perfect or record
security interest.--To satisfy the debtor's obligation
under paragraph (1)(A)(i)(II) and under this paragraph,
the plan must provide that the debtor will execute any
documents and cooperate with the trustee as necessary
to perfect or record the security interest created by
section 1028(i).
``(b) Residence Plans.--A residence plan may--
``(1) modify or leave unaffected the rights of a holder of
a claim secured by the debtor's principal residence;
``(2) provide for the waiving or curing within a reasonable
time of any default on any claim secured by the debtor's
principal residence in accordance with subsection (d);
``(3) provide for payment of any allowed secured claim
secured by the debtor's principal residence;
``(4) authorize the debtor to sell any property that is the
debtor's principal residence free and clear of any liens not
earlier than 60 days and not later than 180 days after the date
of confirmation if the plan provides that--
``(A) the debtor shall tender the property that is
the debtor's principal residence to the holder of the
first-priority lien, subject to a lien secured by any
allowed secured claim of a junior lienholder;
``(B) upon acceptance of the tender described in
subparagraph (A), the debtor shall transfer the
debtor's principal residence to the holder of the
first-priority lien not later than 14 days after
acceptance of the tender; and
``(C) if there is not a timely acceptance of the
tender of the principal residence--
``(i) a sale free and clear of liens of the
debtor's principal residence shall be conducted
in a commercially reasonable manner; and
``(ii) after deducting the costs of the
sale, any liens against the debtor's principal
residence shall attach to the proceeds of the
sale;
``(5) provide for an order garnishing the earnings of the
debtor or authorizing electronic fund transfers from a deposit
account of the debtor during the duration of the residence
plan, but only to the extent necessary to cure any default on a
claim secured by the debtor's principal residence in accordance
with subsection (d); and
``(6) include any other appropriate provision not
inconsistent with this title.
``(c) Property Plans.--A property plan may--
``(1) modify or leave unaffected the rights of holders of
claims secured by the property, other than property that is the
debtor's principal residence;
``(2) provide for the curing or waiving within a reasonable
time of any default on any claim secured by the property of the
debtor that is not the debtor's principal residence in
accordance with subsection (d)(2);
``(3) provide for payment of any allowed secured claim
secured by the property of the debtor that is not the debtor's
principal residence;
``(4) subject to section 522(e), treat as the holder of a
secured claim--
``(A) the seller or assignee of an installment
sales contract for personal property or the equivalent
of such a contract;
``(B) the lessor of a lease of personal property,
the term of which extends beyond the remaining economic
life of the property; or
``(C) a party to an agreement, irrespective of
form, that is a security interest in personal property
under applicable nonbankruptcy law;
``(5) provide for an order garnishing the earnings of the
debtor or ordering the authorization of electronic fund
transfers from a deposit account of the debtor during the
duration of the property plan; and
``(6) include any other appropriate provision not
inconsistent with this title.
``(d) Cure of Default.--
``(1) Principal residence.--Notwithstanding any applicable
nonbankruptcy law, a default with respect to, or that gives
rise to, a lien on the property that is the debtor's principal
residence may be cured by a residence plan under subsection (b)
until the debtor ceases to have rights, including a right of
redemption, in the property.
``(2) Amount to cure.--
``(A) In general.--Notwithstanding section 506(b),
if a repayment plan, a residence plan, or a property
plan provides for the curing of a default, the amount
necessary to cure the default shall be determined in
accordance with the underlying agreement and applicable
nonbankruptcy law.
``(B) Prohibition.--The cure of a default under
subparagraph (A) may not require--
``(i) interest on arrearages; or
``(ii) the payment of any penalty rate,
late fee, or payment required under a penalty
provision or a similar provision.
``Sec. 1023. Plan confirmation hearing
``(a) In General.--If the trustee, the United States trustee, or a
creditor objects to confirmation of a plan filed under section 1021,
the court shall hold a hearing on confirmation of the plan within such
period of time as permitted in a rule prescribed the Judicial
Conference of the United States, except that the court may extend such
time period for cause.
``(b) Confirmation Without Hearing.--If no objection is raised, the
court shall, upon notice, promptly confirm a plan that complies with
section 1024(a) without a hearing.
``(c) Multiple Plans.--If the debtor files more than 1 plan under
section 1021, the court shall hold a single hearing on confirmation on
all of the plans, unless--
``(1) the court orders otherwise for cause; or
``(2) no hearing is required under subsection (b).
``Sec. 1024. Confirmation of plans
``(a) Plan Requirements.--Subject to subsections (b), (c), and (d),
the court shall confirm a plan under this section if all of the
following requirements are met:
``(1) The plan complies with the applicable provisions of
this title, other than section 1022(a)(1).
``(2) Any fee, charge, or amount that is required to be
paid before confirmation under chapter 123 of title 28 or the
plan has been paid.
``(3) The plan has not been proposed--
``(A) in bad faith, which may not be demonstrated
solely by the amount of payments proposed by the debtor
under a repayment plan; or
``(B) by any means forbidden by law.
``(4) The debtor is likely to be able to make all payments
under the plan and to comply with the plan.
``(5) In the case of a debtor that is required by a
judicial or administrative order or by a statute to pay a
domestic support obligation, the debtor has paid all amounts
required by such domestic support obligation that first became
payable after the date of the filing of the petition.
``(b) Objection to Repayment Plan.--
``(1) In general.--Subject to paragraph (2), if the trustee
or the holder of an allowed unsecured claim objects to a
repayment plan that complies with subsection (a), the court
shall confirm the repayment plan only if the plan satisfies the
requirements of section 1022(a)(1).
``(2) Reduced minimum payment obligation.--If the court
finds that the debtor is unable to pay the full minimum payment
obligation due to reasonably necessary expenses, including
medical expenses, child care expenses, high local housing
costs, special education needs, expenses for the care of an
elderly, chronically ill, or disabled household member or
member of the debtor's family, child or spousal support, or
business or employment-related expenses, the court shall
confirm a plan with an appropriately reduced minimum payment
obligation that reflects the debtor's ability to repay.
``(c) Objection to Residence Plan.--If the holder of an allowed
secured claim secured by the debtor's principal residence objects to
the confirmation of a residence plan, the court shall confirm the
residence plan only if, for any such allowed secured claim of which the
holder has objected to the confirmation, the residence plan provides
that--
``(1) the holder retains the lien securing the claim;
``(2) the value, as of the effective date of the residence
plan, of the payments to be distributed under the residence
plan on account of the claim is not less than the allowed
amount of the secured claim;
``(3) payments on all claims under the residence plan are
in equal monthly amounts, other than payments to cure a default
under section 1022(a)(2)(B);
``(4) except as provided in paragraph (5), default under
the residence plan constitutes default under any security
agreement that creates a security interest in the debtor's
principal residence;
``(5) the debtor will be in default for a late payment
under the plan and any security agreement that creates a
security interest in the debtor's principal residence only if
the debtor is more than 120-days delinquent on any payment
under the residence plan;
``(6) the holders of any judicial lien or statutory lien
created before the order for relief cannot exercise any
remedies under applicable nonbankruptcy law, unless the debtor
is 120-days delinquent on any payment under the residence plan;
``(7) the last payment on account of the secured claim is
due on a date that is not later than the later of--
``(A) 15 years after the date of confirmation of
the residence plan; or
``(B) 5 years after the original maturity date of
the loan relating to the claim; and
``(8) the debt secured by the debtor's principal residence
that is dealt with by the residence plan has not been
previously provided for by a residence plan that was--
``(A) confirmed on a date that is not more than 6
years before the date of the filing of the petition;
and
``(B) completed.
``(d) Objection to Property Plan.--If the holder of an allowed
secured claim that is secured by property that is not the debtor's
principal residence objects to the confirmation of a property plan, the
court shall confirm the property plan only if--
``(1) the property plan provides that--
``(A) the holder of the claim retains the lien
securing the allowed secured claim;
``(B) the value, as of the effective date of the
property plan, of the property to be distributed under
the property plan on account of the claim is not less
than the amount of the allowed secured claim, unless--
``(i) the property securing the claim is a
motor vehicle that was acquired by the debtor
within the 90-day period immediately preceding
the date of the filing of the petition; and
``(ii) the lien securing the claim is a
purchase-money security interest;
``(C) the value, as of the effective date of the
property plan, of property to be distributed on account
of a claim described in clauses (i) and (ii) of
subparagraph (B) is not less than the allowed amount of
the claim, as calculated under section 502;
``(D) payments on all claims under the property
plan are in equal monthly amounts;
``(E) except as provided in subparagraph (F),
default under the property plan constitutes default
under any security agreement that creates a security
interest in the property subject to the property plan;
``(F) the debtor is in default for a late payment
under the plan and any security agreement that creates
a security interest in the property subject to the
property plan only if the debtor is not less than 90
days delinquent on payment to the holder of the
security interest under the property plan;
``(G) the property plan provides that the holder of
a judicial lien or statutory lien created before the
date of the order for relief cannot exercise any
remedies relating to the judicial lien or statutory
lien under applicable nonbankruptcy law, unless the
debtor is not less than 90 days delinquent on any
payment to the lienholder under the property plan;
``(H) the last payment due under the property plan
is due on a date that is not later than the later of--
``(i) 5 years after the date of
confirmation of the property plan; or
``(ii) the original maturity date of loan;
and
``(I) the debt secured by the property that is
dealt with by the property plan has not been previously
provided for by a property plan that was--
``(i) confirmed on a date that is not more
than 6 years before the date of the filing of
the petition; and
``(ii) completed;
``(2) if the property securing the claim of the objecting
holder is a motor vehicle--
``(A) the debtor has provided the holder of any
security interest in the motor vehicle with reasonable
evidence of the maintenance of any required insurance
coverage on the motor vehicle securing the claim
sufficient to protect the interest of the holder in the
motor vehicle; and
``(B) the motor vehicle is--
``(i) used regularly as a means of
transportation for the debtor or a dependent of
the debtor; or
``(ii) used by the debtor or a dependent of
the debtor in business; and
``(3) if the property securing the claim of the objecting
holder is not a motor vehicle--
``(A) the property is reasonably necessary for the
support or maintenance of the debtor or a dependent of
the debtor; or
``(B) the property is reasonably necessary for the
continuation, preservation, and operation of a business
owned or operated by the debtor or a dependent of the
debtor.
``(e) Impairment.--
``(1) In general.--The holder of an allowed secured claim
that is not impaired under a plan may not object to a residence
plan under subsection (c) or a property plan under subsection
(d).
``(2) Determination.--For the purpose of this subsection,
impairment shall be determined under section 1124.
``(f) Denial of Motion.--
``(1) In general.--A denial of a motion to confirm a plan
shall constitute a final, appealable order.
``(2) Plan modification.--Nothing in this section shall be
construed to prevent a debtor from proposing to modify a plan
that has been denied confirmation.
``(g) Multiple Plans.--If the debtor has filed multiple plans, any
party in interest may request that the confirmation of any plan be
stayed until the date on which the court confirms or denies any other
plan.
``(h) Interest Rate.--The rate of interest that shall be used to
calculate the value of property distributed under a plan, as of the
effective date of the plan, shall be--
``(1) for the purpose of subsection (c)(2)--
``(A) in the case of a first priority lien, the
current average prime offer rate (as defined in section
1026.35(a)(2) of title 12, Code of Federal Regulations)
for a loan of the most similar duration and rate type;
and
``(B) in the case of any other lien, a rate that is
300 basis points greater than the current average prime
offer rate (as defined in section 1026.35(a)(2) of
title 12, Code of Federal Regulations) for a loan of
the most similar duration and rate type; and
``(2) for the purpose of subsection (d)(2), the current
average prime offer rate for motor vehicle financing of the
most similar duration and rate type, as determined by the
Bureau of Consumer Financial Protection under section 201(e) of
the Consumer Bankruptcy Reform Act of 2024.
``Sec. 1025. Payments under a repayment plan
``(a) Duties of Trustee.--The trustee shall--
``(1) collect and be accountable for any future income of
the debtor that is designated for a payment to a creditor under
a repayment plan;
``(2) accept and be accountable for any property of the
estate tendered by the debtor pursuant to a repayment plan
under section 1022(a)(1)(A)(i)(II); and
``(3) reduce to money and be accountable for any property
of the estate tendered by the debtor under the repayment plan
as expeditiously as is compatible with the best interests of
the parties in interest.
``(b) Payments.--
``(1) In general.--Except as provided by section 1027 and
unless the court orders otherwise, not later than 30 days after
the date of the order for relief under this chapter, the debtor
shall--
``(A) commence making payments in the amount
proposed to be made under a repayment plan; and
``(B) tender to the trustee any relevant property
of the estate requested by the trustee under section
1022(a)(1)(A)(i)(II), unless the debtor has elected
under section 1022(a)(2)(B) to pay the trustee for the
value of such property under a repayment plan.
``(2) Action by trustee.--
``(A) Retention of payments pending plan
confirmation.--The trustee shall retain a payment made
under paragraph (1) until the date on which the
repayment plan is confirmed or denied under section
1024.
``(B) Distribution of payments.--If a repayment
plan is confirmed under section 1024, the trustee shall
distribute any payments retained under subparagraph (A)
in accordance with the repayment plan as soon as is
practicable.
``(C) Return of payments.--The trustee, after
deducting the sum of each allowed administrative
expense under section 503(b), shall return to the
debtor any payments retained under paragraph (1) if the
case is dismissed or converted.
``(3) Modification.--Subject to section 363, pending
confirmation of a repayment plan, the court, after notice and a
hearing, may for cause modify, increase, or reduce the payments
required under this subsection.
``(c) Payments to Creditors.--
``(1) In general.--Except as otherwise provided in the
repayment plan or in the order confirming the repayment plan,
after confirmation of the plan, the trustee shall make payments
to creditors under the repayment plan.
``(2) Prohibition.--Except as provided in subsection (d),
the trustee may not make a payment described in section
1022(a)(1)(B)(ii) under a repayment plan until the date on
which the trustee makes every payment on all claims entitled to
priority under section 507, other than a claim that is based on
a debt described in section 507, the holder of which agrees to
a different treatment of such claim.
``(d) Priority of Payments.--
``(1) In general.--Subject to paragraphs (2) and (3), all
payments made by the trustee under this section shall be
disbursed according to the order of priority in section 726.
``(2) Administrative expenses and fees.--Before or at the
time of each payment to a creditor under a repayment plan, the
trustee shall pay any unpaid claim of a kind specified in
section 507(a)(2).
``(3) Exceptions.--In disbursing payments under this
section, the trustee shall, at the time of each disbursement,
pay--
``(A) any unpaid claim of the kind described in
section 507(a)(2); and
``(B) if a standing trustee appointed under section
586(b) of title 28 is serving in the case, the
percentage fee fixed for the standing trustee under
section 586(e) of title 28.
``(4) Property recovered in avoidance actions.--Subject to
any exemption allowed under section 522, the trustee shall
disburse any property the trustee recovers under section 550 in
accordance with this subsection.
``(e) Enforcement of Obligations of Debtor.--
``(1) In general.--Subject to paragraph (2), the
obligations of a debtor under a repayment plan may be enforced
solely by the trustee, which may include the enforcement of the
security interest created by section 1028(i).
``(2) Exception.--The holder of a claim provided for under
section 1022(a)(1)(B)(ii) may enforce the debt that is the
basis for the claim in accordance with section 1028(b).
``(3) 90-day delinquency requirement.--The trustee may not
commence any action to enforce an obligation of the debtor
under a repayment plan based on a delinquent payment until
after the date on which the debtor has been delinquent on the
payment for an 90-day period.
``(4) Plan enforceable by trustee as a simple contract.--
Subject to sections 362 and 1029 and paragraph (6) of this
subsection, the trustee may enforce an obligation of the debtor
under a repayment plan as a simple contract under applicable
nonbankruptcy law.
``(5) Application of nonbankruptcy law.--Except as provided
in section 1029, enforcement of the obligations of a debtor
under a repayment plan shall be subject to applicable
nonbankruptcy law, including laws relating to the garnishment
of the wages of the debtor.
``(6) Inefficient enforcement prohibited.--The trustee may
not enforce the obligations of the debtor under a repayment
plan if such enforcement would not produce a meaningful
distribution to creditors.
``(7) Trustee recovery of fees and costs.--
``(A) In general.--The trustee may recover from the
debtor the reasonable attorneys' fees and costs of
enforcing the debtor's obligation under a repayment
plan in an amount equal to not more than 2 times the
minimum payment obligation under the plan.
``(B) Debtor's liability.--The debtor's liability
for the fees and costs described in subparagraph (A)--
``(i) shall be in addition to the minimum
payment obligation; and
``(ii) may be awarded to the trustee
notwithstanding any previous compensation to
which the trustee might be entitled under
section 330.
``(8) Statute of limitations for trustee enforcement.--An
action by the trustee to enforce an obligation of the debtor
under a repayment plan may not be commenced on a date that is
more than 2 years after the earliest date on which the trustee
may bring an action under paragraph (3).
``(9) Trustee's rights nonassignable.--Any assignment,
factoring, or transferring of rights or amounts a debtor owes
to a trustee under a repayment plan, or of rights or authority
to collect any such amounts, is void.
``Sec. 1026. Payments under a residence plan or property plan
``(a) In General.--Payments under a residence plan or a property
plan shall be made by the debtor in accordance with the plan.
``(b) Cure of Default.--
``(1) In general.--If a residence plan or property plan
proposes to cure a default on a claim secured by property of
the debtor, the debtor may, upon completion of the cure
payments due under the plan, send a certification to the holder
of such claim that the debtor paid in full the amount to cure
any default on the claim using a form prescribed by the
Judicial Conference of the United States.
``(2) Final cure order.--The court, on request of the
debtor and in accordance with applicable Federal Rules of
Bankruptcy Procedure, shall determine whether the debtor has
cured the default and paid all required post-petition amounts.
``Sec. 1027. Protection of lessors and purchase money lenders
``(a) Lease Payments.--The debtor shall timely make any payments
scheduled in a lease of personal property directly to the lessor for
the portion of the obligation that becomes due after the date of the
order for relief under this chapter, unless--
``(1) the court orders otherwise;
``(2) the debtor rejects a lease of personal property under
section 365(a); or
``(3) the debtor assumes a lease of personal property under
section 365(p)(1)(B).
``(b) Insurance Coverage.--Not later than 60 days after the date of
the order for relief under this chapter, a debtor who has proposed a
plan that retains possession of personal property subject to a lease a
purchase money security interest shall--
``(1) provide the lessor or holder of the claim reasonable
evidence of the maintenance of any insurance coverage required
under the lease or purchase money security agreement with
respect to the use or ownership of the property; and
``(2) continue to provide the reasonable evidence required
under paragraph (1) for as long as the debtor retains
possession of the property before the date of confirmation of a
plan addressing the property.
``Sec. 1028. Effect of confirmation
``(a) Binding Effect.--The provisions of a confirmed plan bind the
debtor and each creditor of a claim for which the plan provides,
regardless of whether the creditor has objected to the plan.
``(b) Repayment Plan Injunction.--Confirmation of a repayment plan
shall operate as an injunction against the commencement or continuation
of an action, the employment of process, or an act to collect, recover,
or offset any debt excepted from discharge under section 523(a) and
treated under section 1022(a)(1)(B)(ii) until--
``(1) the date on which the debtor completes all payments
due under the plan; or
``(2) the debtor is not less than 90 days delinquent on a
payment required under a repayment plan.
``(c) Residence Plan Injunction.--Except as provided in subsection
(e), confirmation of a residence plan shall operate as an injunction
against the commencement or continuation of an action, the employment
of process, or an act, to collect, recover, or offset any debt treated
under section 1022(b)(2) or property securing such debt as long as the
debtor is not more than 120 days delinquent on a payment required under
a residence plan.
``(d) Property Plan Injunction.--Except as provided in subsection
(e), confirmation of a property plan shall operate as an injunction
against the commencement or continuation of an action, the employment
of process, or an act, to collect, recover, or offset any debt treated
under section 1022(c)(2) or property securing such debt as long as the
debtor is not more than 90 days delinquent on a payment required under
a property plan.
``(e) Request for Relief From Injunction.--
``(1) In general.--A party in interest may request from the
court relief from the operation of an injunction under
subsection (c) or (d).
``(2) Granting of relief.--The court shall grant relief
requested under paragraph (1) for cause.
``(f) Vesting of Property.--Except as otherwise provided in a plan
or the order confirming the plan, the confirmation of a plan vests all
of the property of the estate in the debtor.
``(g) Free and Clear.--Except as otherwise provided in a plan or in
the order confirming the plan, the property vesting in the debtor under
subsection (f) is free and clear of any claim or interest of any
creditor holding a claim provided for by the plan.
``(h) Secured Claims.--Except as provided by section 1031, the
confirmation of a repayment plan leaves unaltered the rights of the
holder of a secured claim that has not been avoided under this title.
``(i) Security Interest Created To Secure Repayment Plan
Obligation.--
``(1) In general.--
``(A) Effect of confirmation.--Except as provided
by subparagraph (C), the confirmation of a repayment
plan shall create a security interest, which shall be
deemed to have arisen by agreement, in favor of the
trustee on any nonexempt property of the estate
retained by the debtor.
``(B) Function.--The security interest described in
subparagraph (A) shall secure payment of the amount the
court determines the debtor must pay to satisfy the
requirement of section 1025(b).
``(C) Exception.--If a debtor is not required to
make payments under section 1025(b), the security
interest in subparagraph (A) shall not arise.
``(2) Record of security interest.--
``(A) In general.--The trustee may perfect or
record the security interest described in paragraph
(1)(A) in the manner directed by applicable
nonbankruptcy law for perfecting a security interest in
the type of property subject to the trustee's security
interest.
``(B) Fee.--The trustee shall pay any customary fee
charged under applicable nonbankruptcy law for
perfection or recordation of the security interest
described in paragraph (1)(A).
``(C) Tax exemption.--The trustee and any other
entity shall be exempt from any recordation tax,
transfer tax, or other similar tax that would otherwise
accrue to the trustee or any other entity because of
perfection or recordation of a security interest under
this section, and the failure to pay any such tax shall
not be grounds for any filing office or officer to
refuse to accept a filing from a trustee seeking to
perfect a security interest under this section.
``(D) No liability.--The trustee shall incur no
liability to creditors or the estate for failure to
perfect or record a security interest described in
paragraph (1)(A) if the trustee had a reasonable and
good faith belief that the costs of perfection or
recordation exceeded the benefits.
``(E) Perfection by possession.--The trustee may
not perfect the security interest created by this
section by taking possession of the property unless the
debtor consents in writing.
``(F) Termination.--Within a reasonable time after
satisfaction of the minimum payment obligation, the
trustee shall terminate any perfection or recordation
of a security interest described in paragraph (1)(A) in
the manner directed by applicable nonbankruptcy law for
terminating the perfection or recordation of a security
interest in the type of property subject to the
trustee's security interest.
``(3) Priority of security interest.--
``(A) In general.--The security interest described
in paragraph (1)(A) shall have priority as determined
by applicable nonbankruptcy law that governs security
interests in the type of property subject to the
trustee's security interest.
``(B) Deeming of value given.--With respect to the
security interest described in paragraph (1)(A), for
purposes of priority under the applicable nonbankruptcy
law, the trustee shall be deemed to have given value
under a simple contract and in good faith as of the
moment of confirmation.
``(C) Domestic support obligations.--
Notwithstanding subparagraph (B), a security interest
created under paragraph (1)(A) shall be subordinate to
any lien that secures payment of a domestic support
obligation.
``(4) Sale of property.--
``(A) In general.--If the debtor sells property
covered by the security interest created under
paragraph (1)(A), the buyer takes free of the security
interest only if the debtor tenders to the trustee the
sales proceeds after costs of sale and satisfaction of
liens superior to the security interest created by the
security interest.
``(B) Surplus.--If the proceeds of sale tendered to
the trustee in accordance with subparagraph (A) exceed
the minimum payment obligation, the trustee shall
return the surplus to the debtor.
``(5) Enforcement of security interest.--
``(A) In general.--If the debtor is delinquent on
the repayment plan under section 1025(e)(3), the
trustee may request that the court order the debtor to
turn over any property covered by the security interest
created under paragraph (1).
``(B) Granting of request.--The court shall grant
the trustee's request for turnover under subparagraph
(A) unless--
``(i) the delinquency is because of
circumstances that the debtor could not
reasonably avoid; and
``(ii) the debtor shows there is a
reasonable probability of curing the
delinquency within a reasonable time.
``(C) Sale of property.--After the debtor turns
over property under this paragraph, the trustee shall--
``(i) sell the property;
``(ii) after deducting costs of the sale,
satisfying liens superior to the security
interest created by paragraph (1)(A), and
satisfying any compensation owed the trustee,
apply the sales proceeds to payment of the
minimum payment obligation; and
``(iii) return any surplus from the sale
above the minimum payment obligation to the
debtor.
``(D) Instrument to transfer.--After a sale in
accordance with this paragraph, the debtor or the
trustee is authorized to execute, on the debtor's or
the trustee's behalf, as the case may be, any
instrument necessary or ordered by the court to
effectuate the transfer to the purchaser.
``(j) Effect of Residence or Property Plan.--Except to the extent
inconsistent with the plan or the provisions of this title,
confirmation of a residence plan or a property plan leaves unaltered
the rights of the parties under any agreement that is the basis for a
claim secured by property provided for by the plan.
``(k) Certain Contract Provisions Void.--
``(1) Ipso facto clauses void.--The confirmation of a plan
voids any provision in a contract provided for by the plan that
is conditioned on--
``(A) the insolvency or financial condition of the
debtor at any time before the closing of a case;
``(B) the commencement of a case under this title;
or
``(C) the appointment of, or taking of possession
by, a trustee in a case under this title or a custodian
before a case is commenced under this title.
``(2) Arbitration and joint-action provisions void.--
Notwithstanding any contrary provision of nonbankruptcy law,
the confirmation of a plan voids any pre-dispute arbitration
agreement or pre-dispute joint-action lawsuit waiver relating
to property subject to the plan.
``(l) Jurisdiction To Resolve Disputes.--Upon confirmation of a
plan, the court shall retain jurisdiction to resolve any disputes
arising under, or relating to, the plan and may order any appropriate
relief in such a dispute, including the suspension of the payment
obligations of the debtor under the plan.
``Sec. 1029. Modification of repayment plan
``(a) In General.--After notice and a hearing, the court may, for
cause, modify an obligation of the debtor under a repayment plan based
on a material change in the financial condition of the debtor that--
``(1) occurs after the date of the confirmation of the
repayment plan; and
``(2) would impose a substantial burden on the debtor or a
dependent of the debtor.
``(b) Unanticipated Attorney's Fees.--If the debtor incurs
unanticipated attorney's fees for services provided subsequent to
confirmation of a repayment plan, including for services relating to
this section, after notice and a hearing, the court may, for cause--
``(1) subject to section 502(b)(3), allow the debtor to
modify the repayment plan to include treatment of such
attorney's fees; and
``(2) permit the debtor to extend the term of a repayment
plan by up to 6 months to facilitate treatment of such
attorney's fees.
``SUBCHAPTER III--DISCHARGE
``Sec. 1031. Discharge; scope and timing
``(a) In General.--Subject to subsection (b), the court shall grant
the debtor a discharge in accordance with subsection (c) as soon as is
practicable after--
``(1) the date of confirmation of a repayment plan; or
``(2) in the case of a debtor that has no minimum payment
obligation, the date on which the deadline for filing a
repayment plan under section 1021(e) expires.
``(b) Exceptions.--The court may not grant a discharge under
subsection (a) to a debtor who has--
``(1) been granted a discharge under this section, under
section 1141, 1192, 1128, or under section 727 or 1328, as in
effect on the day before the date of enactment of the Consumer
Bankruptcy Reform Act of 2024, within 6 years of the date of
the filing of the petition;
``(2) failed to tender the property of the estate that is
designated to be tendered under a repayment plan under section
1022(a)(1)(A)(i)(II);
``(3)(A) executed a written waiver of discharge after the
date of the order for relief; and
``(B) appeared at a hearing at which the court determined
that the debtor adequately understands the terms and
consequences of the waiver described in subparagraph (A);
``(4) with the intent to hinder, delay, or defraud a
creditor or an officer of the estate charged with the custody
of property under this title, transferred, removed, destroyed,
mutilated, concealed, or permitted the transfer, removal,
destruction, mutilation, or concealment of--
``(A) property of the debtor within 1 year of the
date of the filing of the petition; or
``(B) property of the estate after the date of the
filing of the petition;
``(5) concealed, destroyed, mutilated, falsified, or failed
to keep or preserve any recorded information from which the
financial condition or business transactions of the debtor
might have been ascertained, unless such act or failure was
justified under all of the circumstances of the case;
``(6) knowingly and fraudulently, in the case or in
connection with the case--
``(A) made a false oath or account;
``(B) presented or used a false claim;
``(C) gave, offered, received, or attempted to
obtain money, property, or advantage, or a promise of
money, property, or advantage, for acting or forbearing
to act; or
``(D) withheld from the trustee any recorded
information, including books, documents, records, and
papers, relating to the property or financial affairs
of the debtor;
``(7) failed to satisfactorily explain, before the
determination of denial of discharge under this paragraph, any
loss of assets or deficiency of assets to meet the liabilities
of the debtor; or
``(8) refused in the case--
``(A) to obey any lawful order of the court, other
than an order to respond to a material question or to
testify;
``(B) on the ground of privilege against self-
incrimination, to respond to a material question
approved by the court or to testify after the debtor
has been granted immunity with respect to the matter
concerning which the privilege was invoked; or
``(C) on a ground other than a properly invoked
privilege against self-incrimination, to respond to a
material question approved by the court or to testify.
``(c) Debts Discharged.--Except as provided in section 523, a
discharge under subsection (a) discharges the debtor from all debts
that arose before the date of the order for relief under this chapter
and any liability on a claim that is determined under section 502 as if
such debt or claim had arisen before the commencement of the case,
whether or not--
``(1) a proof of claim based on any such debt or liability
is filed under section 501; or
``(2) a claim based on any such debt or liability is
allowed under section 502.
``(d) Notice of Debtor's Rights.--Upon granting a discharge under
subsection (a), the court shall include in the discharge order provided
to the debtor on a form prescribed by the Judicial Conference of the
United States in accordance with rule 9009 of the Federal Rules of
Bankruptcy Procedure a conspicuous notice of--
``(1) the right to bring an action for contempt or a civil
action under section 524(c); and
``(2) the existence of other Federal or State laws that may
provide additional remedies to the debtor in the event a person
violates section 524.
``(e) Scope of Discharge With Respect to Taxes.--
``(1) In general.--Subject to paragraph (2), if the debtor
pays through a repayment plan all tax debts entitled to
priority under section 507(a)(8), the discharge under
subsection (a) shall apply to all debts described in section
523(a)(1).
``(2) Exception.--Paragraph (1) shall not apply to a debt
incurred through fraud.
``Sec. 1032. Revocation of discharge or order of confirmation
``(a) In General.--On request of the trustee, a creditor, or the
United States trustee, at any time within 1 year after the date of the
entry of an order of confirmation under section 1024 or an order of
discharge under section 1031, and after notice and a hearing, the court
may revoke such order only if--
``(1) such confirmation or discharge was obtained through
the fraud of the debtor and the requesting party did not know
of such fraud until after the granting of such confirmation or
discharge; or
``(2) the debtor has refused, in the case--
``(A) to obey any lawful order of the court, other
than an order to respond to a material question or to
testify;
``(B) on the ground of privilege against self-
incrimination, to respond to a material question
approved by the court or to testify, after the debtor
has been granted immunity with respect to the matter
concerning which such privilege was invoked; or
``(C) on a ground other than the properly invoked
privilege against self-incrimination, to respond to a
material question approved by the court or to testify.
``(b) Disposal of Case.--If the court revokes an order of
confirmation or an order of discharge under subsection (a), the court
shall convert or dismiss the case under section 1005.
``SUBCHAPTER IV--AVOIDANCE ACTIONS
``Sec. 1041. Treatment of certain liens
``The trustee may avoid a lien that secures a claim of a kind
described in section 726(a)(4).
``Sec. 1042. Limitations on avoidance actions
``The trustee may not bring an action to avoid a transfer or
obligation under section 544, 545, 547, 548, 553, or 1041, unless there
are allowed unsecured claims against the estate that the debtor does
not propose to pay in full under a repayment plan.
``SUBCHAPTER V--LIMITED PROCEEDINGS
``Sec. 1051. Election of limited proceeding
``(a) In General.--
``(1) Election of limited proceeding.--In a case commenced
under section 301 or 302, a debtor that is eligible to file
under this chapter may, as part of the petition for relief,
elect to conduct a limited proceeding that affects only claims
secured by specific items of the property of the debtor under
this subchapter.
``(2) General proceeding as default.--If the debtor does
not elect to conduct a limited proceeding in a case under this
chapter--
``(A) the case shall proceed as a general
proceeding under this title; and
``(B) this subchapter shall not apply to the case.
``(b) Limitation on Election.--
``(1) In general.--After the entry of order for relief, the
debtor may not elect to conduct a limited proceeding.
``(2) Election after dismissal.--Nothing in this section
shall preclude a debtor, subsequent to the dismissal of a case,
from--
``(A) filing a petition under section 301 or 302;
and
``(B) electing to conduct a limited proceeding
under subsection (a).
``Sec. 1052. Effect of limited proceeding
``If the debtor elects to conduct a limited proceeding under
section 1051(a)--
``(1) the debtor shall file with the petition a schedule of
affected property designating the property to be subject to the
limited proceeding that lists any creditor that has an interest
in such property;
``(2) the property of the estate under section 541 shall be
limited to property that the debtor has indicated in the
schedule of affected property;
``(3) sections 341, 365, 1001, 1002, 1003, 1005(a),
1005(b)(4), 1005(b)(7), 1005(c), 1008, 1021(a)(1), 1025,
1027(a), 1031, 1032, 1041, and 1042 shall not apply to the
case;
``(4) subject to any limitations of a trustee under this
chapter, the debtor shall have the rights and powers of a
trustee under--
``(A) subsections (b), (c), (d), (f), and (l) of
section 363; and
``(B) sections 364, 544, 546, 547, 548, 549, and
553.
``(5) the debtor shall file 1 or more plans under
paragraphs (2) and (3) of section 1021(a) with respect to
property listed in the schedule of affected property within 7
days of the order for relief, or such further time as the court
may allow for cause, but in no case more than 30 days after the
date of the order for relief;
``(6) the stay under subsection section 362(a) shall apply
only to entities with an interest in the property that the
debtor has indicated in the schedule of affected property as
intended for treatment under a plan;
``(7) the debtor shall not be required to file the items
required under section 521(a)(1)(B), other than a statement of
current income and current expenditures; and
``(8) notice of the order for relief shall not be required
to be provided to parties other than parties with claims
secured by property that the debtor has indicated in the
schedule of affected property and to the United States trustee.
``Sec. 1053. Dismissal or conversion of limited proceedings
``(a) Election of Dismissal or Conversion of Limited Proceeding.--
The debtor may elect to dismiss a limited proceeding or convert a
limited proceeding to a general proceeding under this chapter by filing
a notice of termination or conversion within 7 days of the earlier of--
``(1) the failure of the debtor to timely file a plan
required under section 1052(5); or
``(2) the failure of the court to confirm a plan within 60
days of the date of the order for relief.
``(b) Conversion of Limited Proceeding.--If a debtor elects to
convert a limited proceeding to a general proceeding under this chapter
under subsection (a)--
``(1) the property of the estate shall be determined under
section 541, without regard to section 1052(2), as of the date
of the notice of conversion;
``(2) the stay under section 362(a) shall apply to each
entity as of the date of the notice of conversion;
``(3) notice of the order for relief shall be provided to
each party in interest that was not notified under section
1052(8);
``(4) any timeline for an action to be taken by the debtor
under this title that begins on the date of the order for
relief shall be adjusted to begin on the date of the notice of
conversion;
``(5) except as provided in section 506, with respect to a
creditor that has a claim secured by property included in the
schedule of affected property filed under section 1052(1), any
claims that arose against the debtor after the date of the
order for relief and before the date of the notice of
conversion shall be deemed to have arisen immediately before
the date of the filing of the petition; and
``(6) any valuation of property or an allowed secured
claim, any determination of a claim allowance, and any other
determination made in the course of the limited proceeding may
be used in the general proceeding, unless the court for cause
orders otherwise.
``(c) Dismissal by Court of Limited Proceeding.--At any time, after
notice and a hearing, the court, on its own motion or on a motion by
the United States trustee, may dismiss a case that is proceeding as a
limited proceeding on the grounds that the granting of relief would be
a manifestly improper use of the bankruptcy system.''.
(b) Clerical Amendment.--The table of chapters for title 11, United
States Code, is amended by inserting after the item relating to chapter
9 the following:
``10. Individual bankruptcy................................ 1001''.
SEC. 103. REPEAL OF CHAPTER 13.
(a) In General.--Chapter 13 of title 11, United States Code, is
repealed.
(b) Clerical Amendment.--The table of chapters for title 11, United
States Code, is amended by striking the item relating to chapter 13.
SEC. 104. OTHER AMENDMENTS TO THE BANKRUPTCY CODE.
(a) Definitions.--
(1) In general.--Section 101 of title 11 United States
Code, is amended--
(A) by striking paragraphs (3), (4A), (10A), (12A),
and (30);
(B) by redesignating paragraphs (53B), (53C),
(56A), (53D), (54), (54A), and (55) as paragraphs (86),
(87), (88), (89), (90), (91), and (92), respectively;
(C) by inserting before paragraph (86), as so
redesignated, the following:
``(85) The term `store gift card' means a card, code, or
other device that is--
``(A) issued in exchange for payment on a prepaid
basis primarily for personal, family, or household
purposes to a consumer in a specified amount, whether
or not that amount may be increased or reloaded; and
``(B) redeemable for goods or services upon
presentation at a single merchant or an affiliated
group of merchants.'';
(D) by redesignating paragraphs (48), (48A), (49),
(50), (51), (51A), (51B), (51C), (51D), (52), (53), and
(53A) as paragraphs (73), (74), (75), (76), (77), (78),
(79), (80), (81), (82), (83), and (84), respectively;
(E) by inserting before paragraph (73), as so
redesignated, the following:
``(72) The term `residence plan' means a plan filed
pursuant to section 1022(b) of this title.'';
(F) by redesignating paragraphs (46) and (47) as
paragraphs (70) and (71), respectively;
(G) by inserting before paragraph (70), as so
redesignated, the following:
``(69) The term `repayment plan' means a plan filed
pursuant to section 1022(a) of this title.'';
(H) by redesignating paragraph (45) as paragraph
(68);
(I) by inserting before paragraph (68), as so
redesignated, the following:
``(67) The term `realizable value' means the value, as of
the relevant date, that could be obtained for the relevant
property in a lawful foreclosure, repossession, or execution
sale, less the costs of such sale.'';
(J) by redesignating paragraphs (43) and (44) as
paragraphs (65) and (66), respectively;
(K) by inserting before paragraph (65), as so
redesignated, the following:
``(64) The term `property plan' means a plan filed pursuant
to section 1022(c) of this title.'';
(L) by redesignating paragraph (42A) as paragraph
(63);
(M) by inserting before paragraph (63), as so
redesignated, the following:
``(61) The term `pre-dispute arbitration agreement' means
any agreement to which the debtor is a party to arbitrate a
dispute that has not arisen at the time of the making of the
agreement.
``(62) The term `pre-dispute joint-action waiver' means any
agreement to which the debtor is a party, whether or not part
of a predispute arbitration agreement, that would prohibit the
debtor from participating, or waive the right of the debtor to
participate, in a joint, class, or collective action in a
judicial, arbitral, administrative, or other forum, concerning
a dispute that has not yet arisen at the time of the making of
the agreement'';
(N) by redesignating paragraphs (40), (40A), (40B),
(41), (41A), and (42) as paragraphs (55), (56), (57),
(58), (59), and (60), respectively;
(O) by inserting before paragraph (55), as so
redesignated, the following:
``(54) The term `minimum payment obligation' means, except
as provided in section 1021(d)(1) of this title, an amount
equal to the lesser of--
``(A) the allowed unsecured claims; or
``(B) the sum of--
``(i) the value of the debtor's interest in
property of the bankruptcy estate in excess
of--
``(I) any allowed secured claims
that are secured by that property; plus
``(II) any exemption applicable
under section 522(b); and
``(ii) to the extent the debtor's annual
income exceeds 135 percent of the sum of the
median family income of the applicable State
for 1 earner plus $15,000 for each individual
in the household other than the debtor--
``(I) if the excess is not over
$10,000, 15 percent of the excess;
``(II) if the excess is over
$10,000 but not over $50,000, $1,500
plus 45 percent of the excess over
$10,000;
``(III) if the excess is over
$50,000 but not over $100,000, $19,500
plus 75 percent of the excess over
$50,000; or
``(IV) if the excess is over
$100,000, $57,000 plus 150 percent of
the excess over $100,000.'';
(P) by redesignating paragraphs (31), (32), (33),
(34), (35), (35A), (36), (37), (38), (38), (38A),
(38B), (39), and (39A) as paragraphs (41), (42), (43),
(44), (45), (46), (47), (48), (49), (50), (51), (52),
and (53), respectively;
(Q) in paragraph (45)(B), as so redesignated, by
striking ``paragraphs (21B) and (33)(A)'' and inserting
``paragraphs (29) and (43)(A)'';
(R) by redesignating paragraphs (14), (14A), (15),
(16), (17), (18), (19), (19A), (19B), (20), (21),
(21A), (21B), (22), (22A), (23), (24), (25), (26),
(27), (27A), (27B), (28), and (29) as paragraphs (17),
(18), (19), (20), (21), (22), (23), (24), (25), (26),
(27), (28), (29), (30), (31), (32), (33), (34), (35),
(36), (37), (38), (39), and (40), respectively;
(S) in paragraph (18), as so redesignated,
(i) in the matter preceding subparagraph
(A), by inserting ``attorneys' fees and''
before ``interest''; and
(ii) by striking subparagraph (A) and
inserting the following:
``(A) owed to or recoverable by a spouse, former
spouse, or child of the debtor or a parent, legal
guardian, or responsible relative of such a child;'';
(T) by striking paragraph (13A) and inserting the
following:
``(16) The term `debtor's principal residence', with
respect to a debtor, means 1 of the following:
``(A) A residential structure that the debtor or a
dependent uses as a residence, including an individual
condominium, a mobile or manufactured home, or trailer
or houseboat, and incidental property, without regard
to whether that structure is attached to real property.
``(B) An interest in a cooperative that owns
property that the debtor or a dependent of the debtor
uses as a residence.
``(C) A residential leasehold that the debtor or a
dependent of the debtor uses as a residence.'';
(U) by redesignating paragraphs (7A), (7B) (8),
(9), (10), (11), (12), and (13) as paragraphs (8), (9),
(10), (11), (12), (13), (14), and (15), respectively;
and
(V) by inserting before paragraph (4) the
following:
``(3) The term `annual income' means--
``(A) an amount equal to twice the income from all
sources that the debtor receives (or in a joint case
the debtor and the debtor's spouse receive) without
regard to whether such income is taxable, derived
during the 6-month period ending on the last day of the
calendar month immediately preceding the date of the
filing of the petition; and
``(B) any amount paid by any entity other than the
debtor (or in a joint case the debtor and the debtor's
spouse), on a regular basis on behalf of the debtor,
except that the proceeds from the sale of an asset not
in the ordinary course of business shall not be
included in annual income.''.
(2) Conforming amendments to other laws.--
(A) Section 1503(4)(A)(iv) of the S.A.F.E. Mortgage
Licensing Act of 2008 (12 U.S.C. 5102(4)(A)(iv)) is
amended by striking ``section 101(53D)'' and inserting
``section 101(89)''.
(B) Section 116(a)(2)(A) of the Emergency Economic
Stabilization Act of 2008 (12 U.S.C. 5226(a)(2)(A)) is
amended by striking ``section 101(27)'' and inserting
``section 101(36)''.
(C) Section 210(a) of the Dodd-Frank Wall Street
Reform and Consumer Protection Act (12 U.S.C.
5390(a))--
(i) in paragraph (11)(H)--
(I) in clause (i)(I), by striking
``section 101(31)'' and inserting
``section 101(41)''; and
(II) in clause (ii)(II), by
striking ``section 101(32)'' and
inserting ``section 101(42)''; and
(ii) in paragraph (12)(C), by striking
``section 101(32)'' and inserting ``section
101(42)''.
(D) Section 3E(g) of the Securities Exchange Act of
1934 (15 U.S.C. 78c-5(g)) is amended by striking
``section 101(53A)(B)'' and inserting ``section
101(84)(B)''.
(E) Section 103(dd)(5) of the Truth in Lending Act
(15 U.S.C. 1602(dd)(5)) is amended by striking
``section 101(53D)'' and inserting ``section 101(89)''.
(F) Section 128(b)(2)(G)(i) of the Truth in Lending
Act (15 U.S.C. 1638(b)(2)(G)(i)) is amended, in the
matter preceding subclause (I), by striking ``section
101(53D)'' and inserting ``section 101(89)''.
(G) Section 129B(f) of the Truth in Lending Act (15
U.S.C. 1639b(f)) is amended by striking ``section
101(53D)'' and inserting ``section 101(89)''.
(H) Section 129C(i) of the Truth in Lending Act (15
U.S.C. 1639c(i)) is amended by striking ``section
101(53D)'' and inserting ``section 101(89)''.
(I) Section 1016(f)(2)(A) of the Oil Pollution Act
of 1990 (33 U.S.C. 2716(f)(2)(A)) is amended by
striking ``section 101(32)'' and inserting ``section
101(42)''.
(J) Section 405(j)(2)(C) of PROMESA (48 U.S.C.
2194(j)(2)(C)) is amended by striking ``section
101(11)'' and inserting ``section 101(13)''.
(b) Applicability of Chapters.--Section 103 of title 11, United
States Code, is amended--
(1) in subsection (a)--
(A) by striking ``chapter 7, 11, 12, or 13 of this
title'' and inserting ``chapter 7, 10, 11, or 12 of
this title''; and
(B) by striking ``section 362(o)'' and inserting
``section 362(m)''; and
(2) in subsection (j), by striking ``Chapter 13'' and
inserting ``Chapter 10''.
(c) Adjustment of Dollar Amounts.--Section 104 of title 11, United
States Code, is amended--
(1) in subsection (a) by striking ``sections 101(3)'' and
all that follows through ``of this title'' and inserting ``this
title''; and
(2) in subsection (b) by striking ``sections 101(3)'' and
all that follows through ``of this title'' and inserting ``this
title''.
(d) Waiver of Sovereign Immunity.--Section 106(a)(1) of title 11,
United States Code, is amended--
(1) by striking ``722,'';
(2) by inserting ``1028,'' after ``944,''; and
(3) by striking ``1231, 1301, 1303, 1305, and 1327'' and
inserting ``and 1231''.
(e) Extension of Time.--Section 108 of title 11, United States
Code, is amended--
(1) in subsection (b), in the matter preceding paragraph
(1), by striking ``or 1301''; and
(2) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``1201 or 1301'' and inserting ``1009 or
1201''; and
(B) in paragraph (2), by striking ``section 362,
922, 1201, or 1301 of this title,'' and inserting
``section 362, 922, or 1201 of this title,''.
(f) Who May Be a Debtor.--
(1) In general.--Section 109 of title 11, United States
Code, is amended--
(A) in subsection (b)--
(i) by redesignating paragraphs (1), (2),
and (3) as paragraphs (2), (3), and (4),
respectively; and
(ii) by inserting before paragraph (2), as
so redesignated, the following:
``(1) an individual;'';
(B) by striking subsection (e);
(C) by redesignating subsection (d) as (e);
(D) by inserting after subsection (c) the
following:
``(d) Only an individual who owes aggregate noncontingent
liquidated secured and unsecured debts as of the date of the filing of
the petition or the date of the order for relief in an amount not more
than $7,500,000 (excluding debts owed to 1 or more affiliates or
insiders) may be a debtor under chapter 10 of this title.'';
(E) in subsection (e), as so redesignated, by
striking ``railroad, a person'' and inserting
``railroad, an individual, a person'';
(F) by striking subsection (g) and inserting the
following:
``(g) Notwithstanding any other provision of this section, no
individual or family farmer may be a debtor under this title who has
been a debtor in a case pending under this title at any time in the
preceding 180 days if the case was dismissed by the court for willful
failure of the debtor to abide by orders of the court, or to appear
before the court in proper prosecution of the case.''; and
(G) by striking subsection (h) and inserting the
following:
``(h)(1) Upon motion of a party in interest or on the court's own
motion, the court may, after notice and a hearing, include in an order
dismissing a case under sections 707, 1005, 1053(c), 1112, or 1208 of
this title a restriction of the debtor's eligibility to refile a
subsequent case under this title upon a finding of cause, including--
``(A) willful failure of the debtor to--
``(i) abide by orders of the court; or
``(ii) propose a plan required under sections 1021,
1129, or 1225 in good faith and not by any means
forbidden by law;
``(B) willful and substantial default by the debtor with
respect to a term of a confirmed plan;
``(C) a pattern or practice of filing bankruptcy petitions
as part of a manifestly improper use of the bankruptcy system;
``(D) willful failure of the debtor to appear before the
court in proper prosecution of the case; or
``(E) other manifestly improper use of the provisions of
this title.
``(2) The period of ineligibility for a subsequent case--
``(A) shall extend for 180 days from the date of the entry
of the court's order unless the court orders otherwise; and
``(B) may extend for a period longer than 180 days (but not
to exceed 720 days) only if the court finds manifestly improper
use the bankruptcy system.
``(3) After notice and a hearing, the court may decrease the period
of ineligibility based upon a showing of changed circumstances or for
good cause shown.''.
(2) Conforming amendments.--
(A) Section 1501(c)(2) of title 11, United States
Code, is amended by striking ``109(e)'' and inserting
``109(d)''.
(B) Section 303(1) of PROMESA (48 U.S.C. 2163(1))
is amended by striking ``section 109(b)(2)'' and
inserting ``section 109(b)(3)''.
(g) Penalty for Persons Who Negligently or Fraudulently Prepare
Bankruptcy Petitions.--Section 110(e)(2)(B)(i)(II) of title 11, United
States Code, is amended by striking ``under chapter 7, 11, 12, or 13''
and inserting ``under chapter 10, 11, or 12''.
(h) Nonprofit Budget and Credit Counseling Agencies; Financial
Management Instructional Courses.--
(1) Chapter 1 of title 11, United States Code, is amended
by striking section 111.
(2) The table of sections for chapter 1 of title 11, United
States Code, is amended by striking the item relating to
section 111.
(i) Involuntary Cases.--Section 303 of title 11, United States
Code, is amended--
(1) in subsection (a) by striking ``chapter 7 or 11 of this
title'' and inserting ``chapter 7, 10, or 11 of this title'';
(2) in subsection (b) by striking ``chapter 7 or 11 of this
title--'' and inserting ``chapter 7, 10, or 11 of this title--
'';
(3) in subsection (g)--
(A) by striking ``chapter 7 of this title'' and
inserting ``chapter 7 or 10 of this title''; and
(B) by striking ``section 701 of this title'' and
inserting ``section 701 or 1003 of this title''; and
(4) in subsection (k)(2), by striking ``the court may enter
an order'' and inserting ``the court shall enter an order''.
(j) Appearance by Consumer Financial Protection Bureau.--
(1) In general.--Subchapter I of chapter 3 of title 11,
United States Code, is amended by adding at the end the
following:
``Sec. 309. Bureau of Consumer Financial Protection appearances in
bankruptcy cases
``Notwithstanding section 1054(e) of the Consumer Financial
Protection Act of 2010 (12 U.S.C. 5564(e)), the Bureau of Consumer
Financial Protection may represent itself in its own name and may
raise, appear, and be heard on any issue in a case under this title
before any court with appropriate jurisdiction.''.
(2) Conforming amendment.--The table of sections for
chapter 3 of title 11, United States Code, is amended by
inserting after the item relating to section 308 the following:
``309. Bureau of Consumer Financial Protection appearances in
bankruptcy cases.''.
(k) Eligibility To Serve as Trustee.--Section 321(a) of title 11,
United States Code, is amended by striking ``under chapter 7, 12, or 13
of this title,'' each place it appears and inserting ``under chapter 7,
10, or 12 of this title,''.
(l) Qualification of Trustee.--Section 322(a) of title 11, United
States Code, is amended by striking ``701, 702, 703, 1104, 1163, 1183,
1202, or 1302'' and inserting ``701, 702, 703, 1001, 1104, 1163, 1183,
or 1202''.
(m) Limitation on Compensation of Trustee.--Section 326(b) of title
11, United States Code, is amended--
(1) by striking ``chapter 12 or 13 of this title,'' and
inserting ``chapter 10 or 12 of this title,'';
(2) by striking ``under section 1202(a) or 1302(a) of this
title'' and inserting ``under section 1001(a) or 1202(a) of
this title''; and
(3) by striking ``not to exceed five percent upon all
payments under the plan'' and inserting ``not to exceed 5
percent upon all payments under the chapter 11 or 12 plan or
under the chapter 10 repayment plan''.
(n) Debtor's Transactions With Attorneys.--Section 329 of title 11,
United States Code, is amended--
(1) in subsection (b)(1)(B), by striking ``chapter 11, 12,
or 13 of this title'' and inserting ``chapter 10, 11, or 12 of
this title''; and
(2) by adding at the end the following:
``(c) In a case under chapter 10 of this title, no compensation
shall be allowed for the debtor's attorney under this title unless--
``(1) the agreement between the debtor and the debtor's
attorney providing for compensation--
``(A) was made not more than 90 days before the
date of the filing of the petition;
``(B) specifies the services provided or to be
provided by the debtor's attorney and the attorney's
related fees and expenses;
``(C) provides that the debtor will not be
requested to pay or be liable for any amounts other
than reasonable attorneys' fees and expenses--
``(i) specified in the agreement;
``(ii) for any adversary proceeding in
which the debtor is a party; or
``(iii) for services required by the debtor
or the court that the attorney should not have
reasonably anticipated at the time of the
agreement;
``(D) does not provide for the payment of interest
or any additional fees based on delay in payment or
risk of nonpayment or for costs of collection on
installment payments;
``(E) provides for installment payments of any
compensation still owing on the date of the petition
over a period of not more than 1 year; and
``(F) does not include a pre-dispute arbitration
agreement or a pre-dispute joint-action waiver with
respect to any dispute under the agreement;
``(2) the attorney has discussed with the debtor the
attorney's fees and expenses under the agreement and the
consequences of the attorney's filing the certification
required under paragraph (3), and, after full disclosure, the
debtor consents to the filing of the certification; and
``(3) the attorney files with the court a certification, in
accordance with rule 9011 of the Federal Rules of Bankruptcy
Procedure, with respect to the agreement that--
``(A) the conditions specified in paragraphs (1)
and (2) are satisfied; and
``(B) the enforcement of the agreement would not
impose an undue hardship on the debtor or the debtor's
dependents.
``(d) In a case under chapter 10 of this title, any assignment,
factoring, or transfer of rights or amounts, or of rights or authority
to collect any such amounts, due under an agreement between the debtor
and the debtor's attorney is void.
``(e) In a case under chapter 10 of this title, the bankruptcy
court where the bankruptcy case was heard--
``(1) shall have exclusive jurisdiction over any disputes
under, and enforcement of, an agreement that is subject to this
section, whether or not the case has been closed; and
``(2) in the event of nonpayment on an agreement described
in subsection (c), the court may issue a judgment for monies
owed only under an agreement made during the 540-day period
preceding the date of the judgment.''.
(o) Compensation of Officers.--
(1) In general.--Section 330 of title 11, United States
Code, is amended--
(A) in subsection (a)(4)(B), by striking ``In a
chapter 12 or chapter 13 case in which the debtor is an
individual,'' and inserting ``In a chapter 10 or 12
case in which the debtor is an individual,'';
(B) by redesignating subsections (c), (d), and (e)
as subsections (d), (e), and (f), respectively;
(C) by inserting after subsection (b) the
following:
``(c) There shall be paid from the filing fee in a case under
chapter 10 of this title $120 to the trustee serving in such case,
after such trustee's services are rendered.''; and
(D) in subsection (d), as so redesignated, by
striking ``in a case under chapter 12 or 13'' and
inserting ``in a case under chapter 10 or 12''.
(2) Conforming amendment.--Section 589a(b)(7) of title 28,
United States Code, is amended by striking ``section 330(d)''
and inserting ``section 330(e)''.
(p) Meetings of Creditors and Equity Security Holders.--Section 341
of title 11, United States Code, is amended--
(1) in subsection (c), by striking ``chapter 7 or 13'' and
inserting ``chapter 10 of this title'';
(2) in subsection (d)--
(A) in the matter preceding paragraph (1), by
striking ``chapter 7'' and inserting ``chapter 10'';
(B) in paragraph (1), by adding ``and'' at the end;
(C) by striking paragraph (2);
(D) by redesignating paragraph (3) as paragraph
(2);
(E) in paragraph (2), as so redesignated, by
striking ``; and'' and inserting a period; and
(F) by striking paragraph (4); and
(3) by adding at the end the following:
``(f) In a case under chapter 10 of this title--
``(1) the meeting of creditors under subsection (a) may be
convened electronically and allow remote appearances of all
parties;
``(2)(A) the debtor shall not be required to appear in
person if it would impose an unreasonable burden on the debtor;
and
``(B) there shall be a rebuttable presumption that in-
person attendance at the meeting of creditors under subsection
(a) is an unreasonable burden on the debtor if the debtor's
address on the bankruptcy petition is more than 10 miles from
the location of the courthouse of the bankruptcy court where
the meeting of creditors under subsection (a) would occur; and
``(3) the meeting of creditors under subsection (a) shall
be scheduled at such times to avoid conflict with the debtor's
employment.''.
(q) Notice.--Section 342 of title 11, United States Code, is
amended--
(1) by striking subsections (b) and (d);
(2) by redesignating subsections (c), (e), (f), and (g) as
subsections (b), (c), (d), and (e), respectively;
(3) in subsection (c)(1), as so redesignated, by striking
``chapter 7 or 13'' and inserting ``chapter 10'';
(4) in subsection (d), as so redesignated--
(A) in paragraph (1), by striking ``chapters 7 or
13'' and inserting ``chapter 10''; and
(B) in paragraph (2)--
(i) by striking ``chapter 7 or 13'' and
inserting ``chapter 10''; and
(ii) by striking ``subsection (e)'' and
inserting ``subsection (c)''; and
(5) in subsection (e)(2), as so redesignated, by striking
``section 362(k)'' and inserting ``section 362(j)''.
(r) Unclaimed Property.--Section 347(a) of title 11, United States
Code, is amended by striking ``under section'' and all that follows
through ``as the case may be'' and inserting ``under section 726, 1025,
1194, or 1226 of this title under chapter 7, chapter 10, subchapter V
of chapter 11, or chapter 12 of this title, as the case may be''.
(s) Effect of Conversion.--Section 348 of title 11, United States
Code, is amended--
(1) in subsection (b)--
(A) by striking ``sections 701(a), 727(a)(10),
727(b), 1102(a), 1110(a)(1), 1121(b), 1121(c),
1141(d)(4), 1201(a), 1221, 1228(a), 1301(a), and
1305(a) of this title'' and inserting ``sections
701(a), 1009(a), 1025(b), 1027(a), 1027(b), 1031(c),
1102(a), 1110(a)(1), 1121(b), 1121(c), 1141(d)(4),
1201(a), 1221, and 1228(a) of this title'';
(B) by striking ``under section 706, 1112, 1208, or
1307 of this title'' and inserting ``under section 706,
1005, 1053(c), 1112, or 1208 of this title'';
(2) in subsection (c), by striking ``under section 706,
1112, 1208, or 1307 of this title'' and inserting ``under
section 706, 1005, 1053(c), 1112, or 1208'' of this title;
(3) in subsection (d), by striking ``under section 1112,
1208, or 1307 of this title'' and inserting ``under section
1005, 1053(c), 1112, or 1208 of this title'';
(4) in subsection (e), by striking ``under section 706,
1112, 1208, or 1307 of this title'' and inserting ``under
section 706, 1005, 1053(c), 1112, or 1208'' of this title; and
(5) by striking subsection (f).
(t) Effect of Dismissal.--Section 349 of title 11, United States
Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) The dismissal of a case shall not--
``(1) bar the discharge, in a later case, of debts that
were dischargeable in the case dismissed, except as provided in
section 523, 1031, 1141, or 1228; or
``(2) prejudice the debtor with regard to the filing of a
subsequent petition, except as provided in subsection (g) or
(h) of section 109.''; and
(2) in subsection (b)(1)(B), by striking ``or 724(a) of
this title,'' and inserting ``724(a), or 1041 of this title,''.
(u) Automatic Stay.--
(1) In general.--Section 362 of title 11, United States
Code, is amended--
(A) in subsection (a)--
(i) in paragraph (3), by inserting ``or to
retain'' after ``to exercise control over'';
(ii) in paragraph (7), by striking ``and''
at the end;
(iii) in paragraph (8), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(9) in a case under chapter 10 of this title, at any time
before the earliest of a conversion or dismissal under section
1005 of this title, a dismissal under section 1053(c) of this
title, or a discharge under section 1031 of this title, any act
to alter, refuse, or discontinue utility service provided to
the debtor under an agreement entered into before the entry of
the order for relief.'';
(B) in subsection (b)--
(i) by striking paragraph (22);
(ii) by redesignating paragraphs (23),
(24), (25), (26), (27), (28), and (29) as
paragraphs (22), (23), (24), (25), (26), (27),
and (28), respectively;
(iii) in paragraph (22), as so
redesignated, by striking ``subsection (m)''
and inserting ``subsection (l)'';
(iv) in paragraph (27), as so redesignated,
by striking ``and'' at the end;
(v) in paragraph (28), as so redesignated,
by striking the period and inserting ``; and'';
and
(vi) by striking the matter following
paragraph (28), as so redesignated and
inserting the following:
``(29) under subsection (a), over retention of property of
the estate subject to a potential loss of value due to
accident, casualty, or theft unless the party entitled to
possession provides proof of insurance or other security
sufficient to protect the creditor against such loss of
value.'';
(C) in subsection (c)--
(i) in the matter preceding paragraph (1),
by striking ``(f), and (h)'' and inserting
``and (f)'';
(ii) by striking paragraphs (2) and (3) and
inserting the following:
``(2) in a case under chapter 7, 9, 11, or 12, the stay of
any other act under subsection (a) of this section continues
until the earliest of--
``(A) the time the case is closed;
``(B) the time the case is dismissed; or
``(C) if the case is a case under chapter 9, 11, or
12, the time a discharge is granted or denied;
``(3) in a case under chapter 10, the stay of any other act
under subsection (a) of this section continues until the
earliest of--
``(A) the time the case is closed;
``(B) the time the case is dismissed; or
``(C) the time specified in section 1021(e) has
expired without the debtor having filed a plan; and'';
and
(iii) in subparagraph (A)(i) of paragraph
(4), by striking ``dismissed, other than a case
refiled under a chapter other than chapter 7
after dismissal under section 707(b),'' and
inserting ``dismissed,'';
(D) in subsection (e)(2), by striking ``chapter 7,
11, or 13'' and inserting ``chapter 10 or 11'';
(E) by striking subsections (h) and (i);
(F) by redesignating subsections (j) through (o) as
subsections (h) through (m) respectively;
(G) in subsection (i), as so redesignated--
(i) by striking ``(1) Except as provided in
paragraph (2), an'' and inserting ``An''; and
(ii) by striking paragraph (2); and
(H) by adding at the end the following:
``(n) Any agreement of the debtor entered into before the filing of
the petition to waive the provisions of this section or any other
provision of this title is void.''.
(2) Conforming amendments.--
(A) Section 1519(f) of title 11, United States
Code, is amended by striking ``section 362(o)'' and
inserting ``section 362(m)''.
(B) Section 1521(f) of title 11, United States
Code, is amended by striking ``section 362(o)'' and
inserting ``section 362(m)''.
(v) Use, Sale, or Lease of Property.--Section 363 of title 11,
United States Code, is amended--
(1) in subsection (c)(1), by striking ``section 721, 1108,
1183, 1184, 1203, 1204 or 1304 of this title'' and inserting
``section 721, 1003, 1108, 1183, 1184, 1203, or 1204 of this
title''; and
(2) in subsection (l), by striking ``under chapter 11, 12,
or 13 of this title'' and inserting ``under chapter 10, 11, or
12 of this title''.
(w) Obtaining Credit.--Section 364(a) of title 11, United States
Code, is amended by striking ``section 721, 1108, 1183, 1184, 1203,
1204, or 1304 of this title,'' and inserting ``section 721, 1108, 1183,
1184, 1203, or 1204 of this title,''.
(x) Executory Contracts and Unexpired Leases.--Section 365 of title
11, United States Code, is amended--
(1) in subsection (d)(2), by striking ``under chapter 9,
11, 12, or 13 of this title'' and inserting ``under chapter 9,
10, 11, or 12 of this title'';
(2) in subsection (g)--
(A) in paragraph (1), by striking ``under chapter
9, 11, 12, or 13 of this title,'' and inserting ``under
chapter 9, 10, 11, or 12 of this title,''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``under chapter 9, 11, 12, or
13 of this title'' and inserting ``under
chapter 9, 10, 11, or 12 of this title'';
(ii) in subparagraph (A) by striking
``under section 1112, 1208, or 1307 of this
title,'' and inserting ``under section 1005,
1053(c), 1112, or 1208 of this title,''; and
(iii) in subparagraph (B), in the matter
preceding clause (i), by striking ``under
section 1112, 1208, or 1307 of this title'' and
inserting ``under section 1005, 1053(c), 1112,
or 1208 of this title''; and
(3) by striking subsection (p) and inserting the following:
``(p) Notwithstanding any provision in a lease or applicable
nonbankruptcy law, the following shall apply:
``(1)(A) If the debtor is an individual, the trustee shall
be deemed to have abandoned any unexpired lease of residential
real property that is the debtor's principal residence of which
the debtor or the debtor's spouse or dependents is a tenant.
``(B)(i) Notwithstanding any other provision of this
section, the debtor may assume such a lease--
``(I) without curing any monetary defaults under
the lease that aggregate no more than the amount
described in clause (iii); and
``(II) without adequate assurance of future
performance.
``(ii) If there are monetary defaults under the lease that
aggregate to more than the amount described in clause (iii),
the debtor may not assume such lease unless all monetary
defaults in excess of the amount described in clause (iii) are
cured.
``(iii) The amount described in this clause is the amount
equal to 6 times the monthly rent to be paid by the debtor
under the lease.
``(C) Any monetary defaults on such a lease left uncured
shall become claims against the estate in accordance with
subsection (g).
``(D)(i) All non-monetary defaults on such a lease shall be
deemed waived, except those relating to health or safety, which
shall require permission of the court to waive or modify if the
lessor objects to their waiver or modification.
``(ii) Any pecuniary loss in accordance with such a non-
monetary default shall constitute a claim against the estate in
accordance with subsection (g).
``(E) Such a lease not assumed by the debtor, including
satisfaction or adequate assurance of any cure required within
60 days of the order of relief, under this paragraph shall
return to the bankruptcy estate.
``(2)(A) If the debtor is an individual and if an unexpired
lease of property not subject to paragraph (1) is rejected or
not timely assumed by the trustee under subsection (d), the
debtor may move to assume the lease.
``(B) The court--
``(i) may approve such an assumption if the debtor
cures any monetary default within 90 days after the
date of assumption; and
``(ii) shall withhold any discharge of the debtor
until such cure is made.
``(C) The debtor's interest in the lease or property that
is the subject of the lease ceases to be property of the estate
if--
``(i) the debtor fails to move to assume the lease
within 14 days after the lease is rejected or not
timely assumed by the trustee; or
``(ii) the debtor's motion to assume the lease is
denied.
``(D) All non-monetary defaults on such a lease shall be
deemed waived except those relating to health or safety, which
shall require permission of the court upon motion to waive or
modify if the lessor objects to their waiver or modification.
``(3) In this subsection, the term `lease' does not
include--
``(A) an agreement that is a security interest
under applicable nonbankruptcy law, irrespective of its
form; or
``(B) a lease the term of which extends beyond the
remaining economic life of the property.''.
(y) Utility Service.--Section 366(b) of title 11 United States
Code, is amended by striking ``Such utility'' and inserting ``In a case
other than under chapter 10 of this title, such utility''.
(z) Filing of Proofs of Claims or Interests.--Section 501 of title
11, United States Code, is amended by adding at the end the following:
``(f)(1) Any creditor that files a claim in a case in which the
debtor is an individual, and any attorney representing such creditor,
shall at the time of filing certify, under penalty of perjury, whether
the creditor has a beneficial interest in the claim and to what extent.
``(2) If the creditor does not hold the entire beneficial interest
in the claim, the creditor shall disclose in the certification under
paragraph (1) the identity of the party or parties holding the
beneficial interest.
``(3) The creditor shall promptly notify the court, the trustee,
the United States Trustee, and the debtor of any updates necessary to
maintain the accuracy of the certification under paragraph (1).
``(g) The filing of a claim under this title shall not revive any
period of limitations under applicable nonbankruptcy law.''.
(aa) Allowance of Claims or Interests.--
(1) In general.--Section 502 of title 11, United States
Code, is amended--
(A) in subsection (b)--
(i) in the matter preceding paragraph (1),
by striking ``subsections (e)(2), (f), (g), (h)
and (i)'' and inserting ``subsections (c),
(f)(2), (g), (h), (i) and (j)'';
(ii) in paragraph (2), by striking
``interest;'' and inserting ``interest,
including under a prepayment penalty, yield
maintenance clause, make-whole clause, or
similar contractual provision;'';
(iii) by redesignating paragraphs (3)
through (9) as paragraphs (5) through (11),
respectively;
(iv) by inserting after paragraph (2) the
following:
``(3) such claim is for attorneys' fees incurred after the
entry of the order for relief under this title, except to the
extent permitted under section 503 or 506 of this title;
``(4) notwithstanding section 506(b), such claim is for a
fee incurred under section 1930(b) of title 28;'';
(v) in paragraph (10), as so redesignated,
by striking ``or'' at the end; and
(vi) in paragraph (11), as so
redesignated--
(I) by striking ``except that--''
and all that follows through ``a claim
of a governmental unit'' and inserting
``except that a claim of a governmental
unit'';
(II) by striking ``provide; and''
and inserting ``provide.''; and
(III) by striking subparagraph (B);
(B) by striking subsection (k);
(C) by redesignating subsections (d), (e), (f),
(g), (h), (i), and (j) as subsections (e), (f), (g),
(h), (i), (j), and (k), respectively;
(D) by inserting after subsection (c) the
following:
``(d) The court shall, after notice and a hearing, disallow any
claim if the creditor, an affiliate of the creditor, an agent of the
creditor, a direct or indirect transferor of the claim to the creditor,
or an affiliate of such transferor violated a Federal consumer
financial law, as defined in section 1002 of the Consumer Financial
Protection Act of 2010 (12 U.S.C. 5481), in connection with the claim
or an obligation that gave rise to the claim.'';
(E) in subsection (e), as so redesignated, by
striking ``or 724(a) of this title'' and inserting
``724(a), or 1041 of this title'';
(F) in subsection (f), as so redesignated, in
paragraph (2), by striking ``or disallowed under
subsection (d)'' and inserting ``or disallowed under
subsection (d) or (e)'';
(G) in subsection (g), as so redesignated, by
striking ``or disallowed under subsection (d) or (e)''
and inserting ``or disallowed under subsection (d),
(e), or (f)'';
(H) in subsection (h), as so redesignated--
(i) in paragraph (1)--
(I) by striking ``chapter 9, 11,
12, or 13'' and inserting ``chapter 9,
10, 11, or 12''; and
(II) by striking ``or disallowed
under subsection (d) or (e)'' and
inserting ``or disallowed under
subsection (d), (e), or (f)''; and
(ii) in paragraph (2), by striking ``or
disallowed under subsection (d) or (e)'' and
inserting ``or disallowed under subsection (d),
(e), or (f)'';
(I) in subsection (i), as so redesignated, by
striking ``or disallowed under subsection (d) or (e)''
and inserting ``or disallowed under subsection (d),
(e), or (f)'';
(J) in subsection (j), as so redesignated, by
striking ``or disallowed under subsection (d) or (e)''
and inserting ``or disallowed under subsection (d),
(e), or (f)''; and
(K) by adding at the end the following:
``(l)(1) The court shall grant judgment against the creditor and in
favor of the estate for costs and reasonable attorneys' fees--
``(A) if--
``(i) a claim is disallowed under subsection (b)
because the debt from which it arises is not within the
applicable statutory limitations period; and
``(ii) the creditor did not take reasonable actions
to form a good faith belief that the debt on which it
is based is within the applicable statutory limitations
period; or
``(B) if a claim is disallowed under subsection (d).
``(2) The estate may offset the liability of a creditor under this
subsection against any distribution otherwise to be made to the
creditor.
``(3) The remedy provided by this subsection shall not be exclusive
of other remedies available to the debtor or the estate.''.
(2) Conforming amendments.--
(A) Section 101 of title 11, United States Code, is
amended in paragraph (12)(B), as redesignated by this
section, by striking ``502(f), 502(g), 502(h) or
502(i)'' and inserting ``subsection (g), (h), (i), or
(j) of section 502''.
(B) Section 501(d) of title 11, United States Code,
is amended by striking ``in section 502(e)(2), 502(f),
502(g), 502(h) or 502(i)'' and inserting ``in
subsection (f)(2), (g), (h), (i), or (j) of section
502''.
(C) Section 503(b) of title 11, United States Code,
is amended--
(i) in the matter preceding paragraph (1),
by striking ``section 502(f)'' and inserting
``section 502(g)''; and
(ii) in paragraph (7), by striking
``section 502(b)(6)'' and inserting ``section
502(b)(8)''.
(D) Section 506(d)(1) of title 11, United States
Code, is amended by striking ``section 502(b)(5) or
502(e)'' and inserting ``subsection (b)(7) or (f) of
section 502''.
(E) Section 507(a)(3) of title 11, United States
Code, is amended by striking ``section 502(f)'' and
inserting ``section 502(g)''.
(F) Section 509(b)(1)(B) of title 11, United States
Code, is amended by striking ``section 502(e)'' and
inserting ``section 502(f)''.
(G) Section 544(b)(1) of title 11, United States
Code, is amended by striking ``section 502(e)'' and
inserting ``section 502(f)''.
(H) Section 929 of title 11, United States Code, is
amended by striking ``section 502(b)(6)'' and inserting
``section 502(b)(8)''.
(I) Section 1114(j) of title 11, United States
Code, is amended by striking ``section 502(b)(7)'' and
inserting ``section 502(b)(9)''.
(J) Section 1141(d)(1)(A) of title 11, United
States Code, is amended by striking ``section 502(g),
502(h), or 502(i)'' and inserting ``subsection (h),
(i), or (j) of section 502''.
(K) Section 1232(d)(4) of title 11, United States
Code, is amended by striking ``or disallowed under
subsection (d) or (e) of section 502'' and inserting
``or disallowed under subsection (d), (e), or (f) of
section 502''.
(L) Section 311 of PROMESA (48 U.S.C. 2171) is
amended by striking ``502(b)(6)'' and inserting
``502(b)(8)''.
(bb) Determination of Secured Status.--Section 506 of title 11,
United States Code, is amended--
(1) in subsection (a), by striking paragraph (2) and
inserting the following:
``(2) In a case under chapter 10 of this title, any
interest of a creditor in property of the debtor or the estate
shall be determined by its realizable value as of the date of
the filing of the petition.'';
(2) in subsection (b), by striking ``interest on such
claim,'' and all that follows and inserting ``interest on such
claim and any reasonable fees, costs, or charges provided for
under the agreement or applicable nonbankruptcy law under which
such claim arose, with post-petition interest credited to the
allowed secured claim before other fees, costs, or charges.'';
and
(3) in subsection (d), in the matter preceding paragraph
(1) by striking ``allowed secured claim,'' and inserting
``allowed secured claim pursuant to subsection (a),''.
(cc) Priorities.--
(1) In general.--Section 507(a) of title 11, United States
Code, is amended--
(A) in paragraph (1)--
(i) by striking subparagraph (B);
(ii) by redesignating subparagraph (C) as
subparagraph (B); and
(iii) in subparagraph (B), as so
redesignated--
(I) by striking ``701, 702, 703,
1104, 1202, or 1302'' and inserting
``1001, 1104, or 1202''; and
(II) by striking ``subparagraphs
(A) and (B)'' and inserting
``subparagraph (A)''; and
(B) in paragraph (7), by inserting ``including the
purchase of a store gift card,'' after ``purchase of
services,''.
(2) Conforming amendments.--
(A) Section 724(b)(2) of title 11, United States
Code, is amended by striking ``section 507(a)(1)(C)''
and inserting ``section 507(a)(1)(B)''.
(B) Section 1222(a) of title 11, United States
Code, is amended--
(i) in paragraph (3), by adding ``and'' at
the end;
(ii) by striking paragraph (4); and
(iii) by redesignating paragraph (5) as
paragraph (4).
(dd) Rate of Interest on Tax Claims.--Section 511 of title 11,
United States Code, is amended by adding at the end the following:
``(c) This section shall not apply in a case under chapter 10 of
this title.''.
(ee) Debtor's Duties.--Section 521 of title 11, United States Code,
is amended by striking subsections (a) through (j) and inserting the
following:
``(a) The debtor shall--
``(1) file--
``(A) a list of creditors; and
``(B) unless the court orders otherwise--
``(i) a schedule of assets and liabilities;
``(ii) a schedule of current income and
current expenditures;
``(iii) a statement of the debtor's
financial affairs;
``(iv) a statement disclosing any
reasonably anticipated increase in income or
expenditures over the 12-month period following
the date of the filing of the petition; and
``(v) if the debtor's annual income creates
or increases the minimum payment obligation as
described in clause (ii) of section 101(54)(B)
of this title--
``(I) a statement of the debtor's
annual income; and
``(II) the calculations that
determine the amount by which the
debtor's annual income creates or
increases the minimum payment
obligation;
``(2) if a trustee is serving in the case, cooperate with
the trustee as necessary to enable the trustee to perform the
trustee's duties under this title;
``(3) appear at the hearing required under section 524(d)
of this title; and
``(4) unless a trustee is serving in the case, continue to
perform the obligations required of the administrator (as
defined in section 3 of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1002)) of an employee benefit plan if,
at the time of the commencement of the case, the debtor (or any
entity designated by the debtor) served as such administrator.
``(b) In a case under chapter 10 of this title:
``(1) Not later than 7 days before the date first set for
the first meeting of creditors, the debtor shall provide to the
trustee documentation that establishes the debtor's income in 1
or more of the following forms:
``(A) One or more payment advices, issued within 60
days before the date of the filing of the petition,
showing the debtor's year-to-date income.
``(B) A copy of the Federal income tax return
required under applicable law (or at the election of
the debtor, a transcript of such return) for the most
recent tax year ending immediately before the
commencement of the case and for which a Federal income
tax return was filed.
``(C) A W-2 form issued by each employer for the
tax year preceding the year the petition is filed.
``(D) Other evidence of payment received within 60
days before the date of the filing of the petition that
establishes the debtor's income.
``(2) If the debtor's annual income creates or increases
the minimum payment obligation as described in clause (ii) of
section 101(54)(B) of this title, the debtor shall, to the
extent not already provided under paragraph (1), provide to the
trustee as documentation of income--
``(A) a copy of the Federal income tax return
required under applicable law (or at the election of
the debtor, a transcript of such return) for the most
recent tax year ending immediately before the
commencement of the case and for which a Federal income
tax return was required and filed; and
``(B) 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.
``(3) Notwithstanding paragraphs (1) and (2), the debtor
shall provide additional documentation of income if requested
by the trustee or the United States trustee upon reasonable
grounds to believe the debtor's actual income is greater than
disclosed and would create or increase the minimum payment
obligation as described in clause (ii) of section 101(54)(B) of
this title.
``(c) If the schedule of current income required by subsection
(a)(1)(B)(ii) discloses income that is not more than 80 percent of the
amount of annual income that would trigger the documentation
obligations in subsection (b)(2) and in the absence of actual knowledge
of facts to the contrary, an attorney for the debtor or a bankruptcy
petition preparer for the debtor (as defined in section 110 of this
title) may rely on the schedule of current income to determine that--
``(1) the documentation requirements of subsection (b)(2)
do not apply; and
``(2) the debtor is not required to file the statement of
annual income required by subsection (a)(1)(B)(v).
``(d) In a case under chapter 7 or 11:
``(1) The debtor shall provide--
``(A) not later than 7 days before the date first
set for the first meeting of creditors, to the trustee
a copy of the Federal income tax return required under
applicable law (or at the election of the debtor, a
transcript of such return) for the most recent tax year
ending immediately before the commencement of the case
and for which a Federal income tax return was filed;
and
``(B) at the same time the debtor complies with
subparagraph (A), a copy of such return (or if elected
under subparagraph (A), such transcript) to any
creditor that timely requests such copy.
``(2) If the debtor fails to comply with subparagraph (A)
or (B) of paragraph (1), the court shall dismiss the case
unless the debtor demonstrates that the failure to so comply is
due to circumstances beyond the debtor's control.
``(3) If a creditor requests a copy of such tax return or
such transcript and if the debtor fails to provide a copy of
such tax return or such transcript to such creditor at the time
the debtor provides such tax return or such transcript to the
trustee, the court shall dismiss the case unless the debtor
demonstrates that the failure to provide a copy of such tax
return or such transcript is due to circumstances beyond the
debtor's control.
``(e) Failure by the debtor to disclose a cause of action in a
schedule required to be filed under this section shall not alone be
grounds to dismiss a lawsuit brought to enforce the cause of action.
``(f) If requested by the United States trustee or by the trustee,
the debtor shall provide--
``(1) a document that establishes the identity of the
debtor, including a driver's license, passport, or other
document that contains a photograph of the debtor; or
``(2) such other personal identifying information relating
to the debtor that establishes the identity of the debtor.
``(g) At the request of the court, the trustee, or the United
States trustee, a debtor under chapter 11 who is an individual shall
file with the court--
``(1) at the same time filed with the taxing authority, a
copy of each Federal income tax return required 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 authority,
each Federal income tax return required under applicable law
(or at the election of the debtor, 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 subsequently
filed for any tax year of the debtor ending in the 3-year
period ending on the date of the commencement of the case; and
``(3) a copy of each amendment to any Federal income tax
return or transcript filed with the court under paragraph (1)
or (2).
``(h)(1) Notwithstanding any other provision of this title, if the
debtor fails to file a tax return that becomes due after the
commencement of the case or to properly obtain an extension of the due
date for filing such return, the taxing authority may request that the
court enter an order converting or dismissing the case.
``(2) If the debtor does not file the required return or obtain the
extension referred to in paragraph (1) within 90 days after a request
is filed by the taxing authority under that paragraph, the court shall
convert or dismiss the case, whichever is in the best interests of
creditors and the estate.''.
(ff) Exemptions.--
(1) In general.--Section 522 of title 11, United States
Code, is amended by striking subsections (a) through (q) and
inserting the following:
``(a) In this section--
``(1) the term `conforming loan limit' means that
applicable limitation for the debtor's county of residence
governing the maximum original principal obligation for a
mortgage secured by a single-family residence, as determined
and adjusted annually under section 302(b)(2) of the Federal
National Mortgage Association Charter Act (12 U.S.C.
1717(b)(2)) and section 305(a)(2) of the Federal Home Loan
Mortgage Corporation Act (12 U.S.C. 1454(a)(2));
``(2) the term `dependent' includes a spouse, whether or
not actually dependent; and
``(3) the term `value' means value--
``(A) as of the date of the filing of the petition;
or
``(B) with respect to property that becomes
property of the estate after such date, as of the date
such property becomes property of the estate.
``(b)(1) Notwithstanding section 541 of this title, an individual
debtor may elect to exempt from property of the estate either the
property listed in paragraph (2) or, in the alternative, the property
listed in paragraph (3).
``(2)(A) The property listed in this paragraph is the following:
``(i) The debtor's interest in the debtor's principal
residence, not to exceed--
``(I) 75 percent of the conforming loan limit, if
the debtor is age 65 or older on the date of the
petition; and
``(II) 50 percent of the conforming loan limit in
any other case.
``(ii) The debtor's aggregate interest, unlimited in amount
except as provided in subparagraph (B), in the following:
``(I) Professionally prescribed health aids for the
debtor or a dependent of the debtor.
``(II) The debtor's right to receive, or property
that is traceable to--
``(aa) a social security benefit, railroad
retirement benefit, government pension or
retirement benefit, unemployment compensation,
or a local public assistance benefit;
``(bb) a veterans' benefit;
``(cc) a disability, illness, or
unemployment benefit;
``(dd) alimony, support, or separate
maintenance;
``(ee) a payment under a stock bonus,
pension, profit sharing, annuity, or similar
plan or contract on account of illness,
disability, death, age, or length of service,
unless--
``(AA) such plan or contract was
established by or under the auspices of
an insider that employed the debtor at
the time the debtor's rights under such
plan or contract arose;
``(BB) such payment is on account
of age or length of service; and
``(CC) such plan or contract does
not qualify under section 401(a),
403(a), 403(b), or 408 of the Internal
Revenue Code of 1986;
``(ff) an award under a crime victim's
reparation law;
``(gg) a payment on account of the wrongful
death of an individual of whom the debtor was a
dependent, except to the extent that such
payment is for punitive damages;
``(hh) a payment under a life insurance
contract that insured the life of an individual
of whom the debtor was a dependent on the date
of such individual's death;
``(ii) a payment on account of personal
bodily injury, pain and suffering, or
compensation for actual pecuniary loss of the
debtor or an individual of whom the debtor is a
dependent, except to the extent that such
payment is for punitive damages;
``(jj) a payment in compensation of loss of
future earnings of the debtor or an individual
of whom the debtor is or was a dependent;
``(kk) retirement funds, including a direct
transfer of retirement funds from a fund or
account that is exempt from taxation under
section 401, 403, 408, 408A, 414, 457, or
501(a) of the Internal Revenue Code of 1986,
under section 401(a)(31) of the Internal
Revenue Code of 1986, or otherwise, or a
distribution that qualifies as an eligible
rollover distribution within the meaning of
section 402(c) of the Internal Revenue Code of
1986 or has been distributed from a fund or
account that is exempt from taxation under
section 401, 403, 408, 408A, 414, 457, or
501(a) of the Internal Revenue Code of 1986 and
to the extent allowed by law is deposited in
such a fund or account not later than 60 days
after the distribution of such amount, to the
extent that those funds are or were 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; or
``(ll) a tax credit for earned income under
section 32 of the Internal Revenue Code of
1986.
``(iii) The debtor's interest in any other property up to
$40,000 in aggregate value.
``(B)(i) The court on its own motion, or upon motion by the trustee
or United States trustee, may limit the amount property exempt under
item (dd), (ee), (hh), (jj), or (kk) of subparagraph (A)(ii)(II) after
notice and hearing if it determines that such property is manifestly
unnecessary for the support of the debtor or the debtor's dependents.
``(ii) There shall be a rebuttable presumption that aggregate value
of property described in any such item in excess of $1,500,000 is
manifestly unnecessary for the support of the debtor or the debtor's
dependents.
``(C)(i) If the debtor has a dependent, the debtor may double the
exemption amounts under subparagraph (A)(iii) unless the dependent is
filing a concurrent petition or has filed a petition within the
previous 6 years.
``(ii) The debtor may increase the amounts exempt under
subparagraph (A)(iii) in accordance with the number of additional
dependents not claimed under clause (i) of this subparagraph by--
``(I) 25 percent for the first additional dependent;
``(II) an additional 10 percent for the second additional
dependent;
``(III) an additional 5 percent for the third additional
dependent; and
``(IV) an additional 1 percent for each additional
dependent beyond the third.
``(iii) If a debtor has been claimed as dependent under this
subparagraph on a previous debtor's petition within the past 6 years,
the court may reduce the amount of such debtor's exemptions under this
subparagraph as the equities of the case require. There shall be a
rebuttable presumption that an intervening change in family
circumstances, such as separation or divorce, shall not require such a
reduction.
``(iv) If a debtor has a dependent that has been claimed on another
debtor's petition under this subparagraph within the past 6 years, the
court may reduce the amount of the debtor's exemptions under this
subparagraph as the equities of the case require. There shall be a
rebuttable presumption that an intervening change in family
circumstances, such as separation or divorce, shall not require such a
reduction.
``(v) When claiming property as exempt from the estate under this
subparagraph, the debtor shall indicate on an official form prescribed
by the Judicial Conference of the United States in accordance with the
Federal Rules of Bankruptcy Procedure whether any of the debtor's
dependents have filed for bankruptcy within the previous 6 years or
whether this information is unknown.
``(3)(A) The property listed in this paragraph is the following:
``(i) Subject to subparagraphs (B) through (E), any
property that is exempt under Federal law, other than paragraph
(2) of this subsection, or State or local law that is
applicable on the date of the filing of the petition to the
place in which the debtor's domicile has been located for the
730 days immediately preceding the date of the filing of the
petition or if the debtor's domicile has not been located in a
single State for such 730-day period, the place in which the
debtor's domicile was located for 180 days immediately
preceding the 730-day period or for a longer portion of such
180-day period than in any other place.
``(ii) Any interest in property in which the debtor had,
immediately before the commencement of the case, an interest as
a tenant by the entirety or joint tenant to the extent that
such interest as a tenant by the entirety or joint tenant is
exempt from process under applicable nonbankruptcy law.
``(iii) Retirement funds to the extent that those funds are
in a fund or account that is exempt from taxation under section
401, 403, 408, 408A, 414, 457, or 501(a) of the Internal
Revenue Code of 1986.
``(B)(i) Notwithstanding any contrary provision of nonbankruptcy
law, the exempt amount under this paragraph of any homestead acquired
by the debtor within the 1-year period immediately preceding the date
of the filing of the petition shall be limited to the exempt amount of
value of the debtor's previous principal residence.
``(ii) If the value of the debtor's interest in property claimed as
a principal residence under this paragraph exceeds $1,000,000, clause
(i) applies to a principal residence acquired within the 3-year period
immediately preceding the date of filing of the petition.
``(C) The value of an interest in the debtor's principal residence
shall be reduced to the extent that such value is attributable to any
portion of any property that the debtor disposed of in the 10-year
period ending on the date of the filing of the petition with the intent
to hinder, delay, or defraud a creditor and that the debtor could not
exempt, or that portion that the debtor could not exempt under this
subsection if on such date the debtor had held the property so disposed
of.
``(D)(i) Except as provided in clause (ii) of this subparagraph and
sections 544 and 548, as a result of electing to exempt property under
State or local law under subparagraph (A)(i), a debtor may not exempt
any amount of interest that was acquired by the debtor during the 4-
year period preceding the date of the filing of the petition that
exceeds in the aggregate $170,000 in value in the debtor's principal
residence.
``(ii)(I) The limitation under clause (i) shall not apply to an
exemption claimed under subparagraph (A)(i) by a family farmer for the
principal residence of such farmer.
``(II) For purposes of clause (i), any amount of such interest does
not include any interest transferred from a debtor's previous principal
residence (which was acquired prior to the beginning of such 4-year
period) into the debtor's current principal residence, if the debtor's
previous and current residences are located in the same State.
``(E)(i) A debtor electing to exempt property under this paragraph
may not exempt any amount of an interest in the debtor's principal
residence that exceeds in the aggregate $170,000 if--
``(I) the court determines, after notice and a hearing,
that the debtor has been convicted of a felony (as defined in
section 3156 of title 18), which under the circumstances
demonstrates that the filing of the case was an abuse of the
provisions of this title; or
``(II) the debtor owes a debt arising from--
``(aa) any violation of the Federal securities laws
(as defined in section 3(a)(47) of the Securities
Exchange Act of 1934 (15 U.S.C. 78c(a)(47))), any State
securities laws, or any regulation or order issued
under Federal securities laws or State securities laws;
``(bb) fraud, deceit, or manipulation in a
fiduciary capacity or in connection with the purchase
or sale of any security registered under section 12 or
15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78l, 15 U.S.C. 78o(d)) or under section 6 of the
Securities Act of 1933 (15 U.S.C. 77f);
``(cc) any civil remedy under section 1964 of title
18;
``(dd) for debts arising from a violation of
section 1979 of the Revised Statutes of the United
States (42 U.S.C. 1983); or
``(ee) any criminal act, intentional tort, or
willful or reckless misconduct that caused serious
physical injury or death to another individual in the
preceding 5 years.
``(ii) Clause (i) shall not apply to the extent the amount of an
interest in the debtor's principal residence is reasonably necessary
for the support of the debtor or any dependent of the debtor.
``(4)(A) For the purposes of item (kk) of paragraph (2)(A)(ii)(II)
and clause (iii) of paragraph (3)(A), if the trustee, United States
trustee, or court on its own motion objects to retirement funds' status
as exempt, and if those retirement funds are in a retirement fund or
account that has received a favorable determination under section 7805
of the Internal Revenue Code of 1986 and that 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 or account
that has not received a favorable determination under section 7805 of
the Internal Revenue Code of 1986, those funds shall be exempt from the
estate if the court determines that--
``(i) no prior determination to the contrary has been made
by a court or the Internal Revenue Service; and
``(ii)(I) the retirement fund is in substantial compliance
with the applicable requirements of the Internal Revenue Code
of 1986; or
``(II) the retirement fund fails to be in substantial
compliance with the applicable requirements of the Internal
Revenue Code of 1986 and the debtor is not materially
responsible for that failure.
``(5)(A) A direct transfer of retirement funds from 1 fund or
account that is exempt from taxation under 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 exemption under item (kk) of paragraph
(2)(A)(ii)(II) or clause (iii) of paragraph (3)(A) by reason of such
direct transfer.
``(B)(i) Any distribution that qualifies as an eligible rollover
distribution within the meaning of section 402(c) of the Internal
Revenue Code of 1986 or that is described in clause (ii) of this
subparagraph shall not cease to qualify for exemption under item (kk)
of paragraph (2)(A)(ii)(II) or clause (iii) of paragraph (3)(A) 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 section 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 deposited in such a
fund or account not later than 60 days after the distribution
of such amount.
``(6)(A) In joint cases filed under section 302 of this title and
individual cases filed under section 301 or 303 of this title by or
against 2 debtors who are married to each other, and whose estates are
ordered to be jointly administered under the Federal Rules of
Bankruptcy Procedure, the debtors shall be deemed to elect exempt
property under paragraph (2) unless they both affirmatively elect to
exempt property under paragraph (3).
``(B) In a joint case, the residence exemptions in subparagraphs
(2)(A)(i) and (3)(A)(i) shall be allocated one-half each to each
debtor.
``(C) The nonresidence exemptions in paragraphs (2)(A)(iii) and
(3)(A)(iii) shall apply separately with respect to each debtor in a
joint case.
``(c) Unless the case is dismissed, property exempted under this
section is not liable during or after the case for any debt of the
debtor that arose, or that is determined under section 502 of this
title as if such debt had arisen, before the commencement of the case,
except--
``(1) a debt of a kind specified in paragraph (5) of
section 523(a) (in which case, notwithstanding any provision of
applicable nonbankruptcy law to the contrary, such property
shall be liable for a debt of a kind specified in such
paragraph); or
``(2) a debt secured by a lien that is--
``(A) not avoided under subsection (e) or (g) of
this section or under section 544, 545, 547, 548, or
549 of this title; and
``(B) not void under section 506(d) of this title.
``(d)(1) A waiver of an exemption executed in favor of a creditor
that holds an unsecured claim against the debtor is unenforceable in a
case under this title with respect to such claim against property that
the debtor may exempt under subsection (b).
``(2) A waiver by the debtor of a power under subsection (e) or (g)
to avoid a transfer, under subsection (f) or (h) to exempt property, or
under subsection (h) to recover property or to preserve a transfer, is
unenforceable in a case under this title.
``(e)(1) Notwithstanding any waiver of exemptions, the debtor may
avoid the fixing of a lien on an interest of the debtor in property to
the extent that such lien impairs an exemption to which the debtor
would have been entitled under subsection (b), if such lien is--
``(A) a judicial lien, other than a judicial lien that
secures a debt of a kind that is specified in section
523(a)(5); or
``(B) a nonpossessory, non-purchase-money security interest
in any personal, family, or household goods or in any
implements, professional books, or tools, of the trade of the
debtor or the trade of a dependent of the debtor.
``(2)(A) For the purposes of this subsection, a lien shall be
considered to impair an exemption to the extent that the sum of--
``(i) the lien;
``(ii) all other liens on the property; and
``(iii) the amount of the exemption that the debtor could
claim if there were no liens on the property, exceeds the value
that the debtor's interest in the property would have in the
absence of any liens.
``(B) In the case of a property subject to more than 1 lien, a lien
that has been avoided shall not be considered in making the calculation
under subparagraph (A) with respect to other liens.
``(C) This paragraph shall not apply with respect to a judgment
arising out of a mortgage foreclosure.
``(f) Notwithstanding sections 550 and 551 of this title, the
debtor may exempt under subsection (b) of this section property that
the trustee recovers under section 510(c)(2), 542, 543, 550, 551, or
553 of this title, to the extent that the debtor could have exempted
such property under subsection (b) of this section if such property had
not been transferred, if--
``(1)(A) such transfer was not a voluntary transfer of such
property by the debtor; and
``(B) the debtor did not conceal such property; or
``(2) the debtor could have avoided such transfer under
subsection (e)(1) of this section.
``(g) The debtor may avoid a transfer of property of the debtor or
recover a setoff to the extent that the debtor could have exempted such
property under subsection (f)(1) if the trustee had avoided such
transfer, if--
``(1) such transfer is avoidable by the trustee under
section 544, 545, 547, 548, 549, or 1041 of this title or
recoverable by the trustee under section 553 of this title; and
``(2) the trustee does not attempt to avoid such transfer.
``(h)(1) If the debtor avoids a transfer or recovers a setoff under
subsection (e) or (g), the debtor may recover in the manner prescribed
by, and subject to the limitations of, section 550 of this title, the
same as if the trustee had avoided such transfer, and may exempt any
property so recovered under subsection (b).
``(2) Notwithstanding section 551 of this title, a transfer avoided
under section 544, 545, 547, 548, 549, or 1041 of this title, under
subsection (e) or (g) of this section, or property recovered under
section 553 of this title, may be preserved for the benefit of the
debtor to the extent that the debtor may exempt such property under
subsection (f) of this section or paragraph (1) of this subsection.
``(i) Notwithstanding subsections (f) and (h), the debtor may
exempt a particular kind of property under subsections (f) and (h) only
to the extent that the debtor has exempted less property in value of
such kind than that to which the debtor is entitled under subsection
(b).
``(j) Property that the debtor exempts under this section is not
liable for payment of any administrative expense except--
``(1) the aliquot share of the costs and expenses of
avoiding a transfer of property that the debtor exempts under
subsection (f), or of recovery of such property, that is
attributable to the value of the portion of such property
exempted in relation to the value of the property recovered;
and
``(2) any costs and expenses of avoiding a transfer under
subsection (e) or (g), or of recovery of property under
subsection (h)(1), that the debtor has not paid.
``(k)(1)(A) The debtor shall file a list of property that the
debtor claims as exempt under subsection (b).
``(B) If the debtor does not file such a list, a dependent of the
debtor may file such a list, or may claim property as exempt from
property of the estate on behalf of the debtor.
``(2) Unless a party in interest objects, the property claimed as
exempt on such list is exempt.''.
(2) Conforming amendment.--
(A) Section 349(b)(1)(B) of title 11, United States
Code, is amended by striking ``522(i)(2),'' and
inserting ``522(h)(1),''.
(B) Subsection (e) of section 502 of title 11,
United States Code, as so redesignated by subsection
(aa) of this section, is amended--
(i) by striking ``section 522(f), 522(h),''
and inserting ``section 522(e), 522(g),''; and
(ii) by striking ``section 522(i)'' and
inserting ``section 522(h)''.
(gg) Exceptions to Discharge.--Section 523 of title 11, United
States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``727, 1141, 1192 1228(a), 1228(b), or
1328(b)'' and inserting 1031(a), 1141, 1192, 1228(a),
or 1228(b)'';
(B) in paragraph (1)(B), in the matter preceding
clause (i), by inserting ``subject to subsection (f),''
before ``with respect'';
(C) in paragraph (2)--
(i) in subparagraph (A), by adding ``or''
at the end;
(ii) in subparagraph (B)(iv), by striking
``or'' at the end; and
(iii) by striking subparagraph (C);
(D) in paragraph (3)--
(i) in subparagraph (A), by striking ``(4),
or (6)'' and inserting ``(4), (6), or (7)'';
and
(ii) in subparagraph (B), by striking
``(4), or (6)'' and inserting ``(4), (6), or
(7)'';
(E) by striking paragraph (7) and inserting the
following:
``(7) to the extent such debt is for a fine, penalty, or
restitution--
``(A) that is incurred in a criminal proceeding and
specifically designated as a fine, penalty, or
restitution in the sentencing order upon the debtor's
conviction;
``(B) that is not--
``(i) for the cost of prosecuting the
debtor, including the cost of public defense,
incarceration, probation, or any diversion
program;
``(ii) for the cost of operating the
criminal justice system or funding government
functions;
``(iii) for the cost of collecting such
debt; or
``(iv) a fee, surcharge, assessment, or
interest or collection charge imposed in
connection with such debt; and
``(C) only if the creditor demonstrates that the
debtor has substantial financial resources that permit
the debtor to pay all or a significant portion of the
fine, penalty, or restitution for--
``(i) a fine, penalty, or restitution with
respect to which the petition is filed on or
after the date that is 3 years after the later
of--
``(I) the date of the sentencing
order; or
``(II) the date on which the debtor
was released from incarceration
pursuant to the sentencing order; or
``(ii) a debt that is a tax penalty--
``(I) relating to a tax of a kind
not specified in paragraph (1) of this
subsection; or
``(II) imposed with respect to a
transaction or event that occurred
before 3 years before the date of the
filing of the petition;'';
(F) by striking paragraph (8);
(G) by redesignating paragraph (9) as paragraph
(8);
(H) by inserting after paragraph (8), as so
redesignated, the following:
``(9) that was or could have been listed or scheduled by
the debtor in a prior case concerning the debtor under this
title in which the debtor waived a discharge, or was denied a
discharge under section 727(a) (2), (3), (4), (5), (6), or (7),
as in effect on the day before the date of enactment of the
Consumer Bankruptcy Reform Act of 2024, or under section 1031,
unless such debt was the subject of a written waiver of
discharge and the court has made the determination required by
section 1031(b)(3)(B);'';
(I) by striking paragraphs (14) and (14A);
(J) by redesignating paragraph (14B) as paragraph
(14);
(K) in paragraph (15), by inserting before the
semicolon at the end ``, except for a debt arising from
an obligation to pay, or to hold a former spouse
harmless from, joint debts incurred by the debtor and
the debtor's former spouse'';
(L) in paragraph (16), by inserting ``and the
debtor or the trustee possesses, occupies, or uses the
property'' after ``such lot'';
(M) by striking paragraph (17);
(N) by redesignating paragraph (18) as paragraph
(17); and
(O) by striking paragraph (19) and inserting the
following:
``(18) in a case under chapter 10, for a debt for
compensation owed on the date of the petition to the debtor's
attorney under an agreement described in section 329(c);
``(19) for debts arising from a violation of section 1979
of the Revised Statutes of the United States (42 U.S.C. 1983);
or'';
(2) in subsection (b), by striking ``(a)(1), (a)(3), or
(a)(8)'' and inserting ``(a)(1) or (a)(3)'';
(3) in subsection (c), by adding at the end the following:
``(3) Notwithstanding subsection (a) of this section, the debtor
shall be discharged from a debt of the kind specified in subsection
(a)(7) of this section if the sentencing order fails to separately list
any fees, costs, assessments or surcharges in addition to any fine,
penalty, or restitution, and such fees, costs, assessments, or
surcharges are authorized to be assessed under nonbankruptcy law for
the particular crime committed by the debtor, unless--
``(A) the sentencing order expressly states that no fees,
costs, assessments or surcharges are assessed against the
debtor in addition to any fine, penalty, or restitution; or
``(B) on request of the creditor to whom such debt is owed,
and after notice and a hearing, the court determines such debt
shall not be discharged under subsection (a)(7) of this
section.''; and
(4) by adding at the end the following:
``(f) For purposes of subparagraph (B) of subsection (a)(1), a
return--
``(1) must satisfy the requirements of applicable
nonbankruptcy law;
``(2) must have been filed in a manner permitted by
applicable nonbankruptcy law regardless of whether it was filed
before or after any applicable deadline;
``(3) includes a return prepared pursuant to section
6020(a) of the Internal Revenue Code of 1986, or similar State
or local law, or a written stipulation to a judgment entered by
a nonbankruptcy tribunal; and
``(4) does not include a return made pursuant to section
6020(b) of the Internal Revenue Code of 1986, or similar State
or local law.''.
(hh) Effect of Discharge.--Section 524 of title 11, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``727, 944, 1141,
1192, 1228, or 1328'' and inserting ``sections 727 or
1328, as in effect on the day before the date of
enactment of the Consumer Bankruptcy Reform Act of
2024, or sections 944, 1031, 1141, 1192, or 1228''; and
(B) in paragraph (3), by striking ``1192,
1228(a)(1), or 1328(a)(1)'' and inserting ``1031, 1192,
or 1228(a)(1), or section 1328(a)(1), as in effect on
the day before the date of enactment of the Consumer
Bankruptcy Reform Act of 2024'';
(2) in subsection (b)(2)(B), by striking ``727'' and
inserting ``1031'';
(3) by striking subsection (c) and inserting the following:
``(c)(1) A debtor that receives a discharge under section 1031, or
section 727 or 1328, as in effect on the day before the date of
enactment of the Consumer Bankruptcy Reform Act of 2024, the trustee,
the United States trustee, or the bankruptcy administrator may bring a
civil action against a person that knows or should know that the
discharge injunction is applicable and has intentionally or negligently
commenced or continued any action described in subsection (a).
``(2) An action under paragraph (1) shall be commenced not later
than 1 year after the date on which the discharged debtor, the trustee,
or the United States trustee discovers that a person has commenced or
continued any action described in subsection (a).
``(3) In an action under paragraph (1), the court may award relief
consistent with this title if the court finds that a person has--
``(A) engaged in conduct in violation of this section or of
any provision of this title; or
``(B) engaged in fraudulent, unfair, deceptive, or abusive
conduct with respect to the debtor or the case.
``(4) Subject to paragraph (6), in a successful action under
paragraph (1)--
``(A) the court--
``(i) shall award to a discharged debtor injured by
a violation of subsection (a)--
``(I) actual damages, including damages for
emotional distress; and
``(II) reasonable costs and attorneys'
fees; and
``(ii) if the trustee or the United States trustee
is a prevailing party in the action, shall award to the
trustee or the United States trustee--
``(I) reasonable costs and attorney fees;
and
``(II) a fee equal to 3 times the amount
sought to be collected by the person found to
be in violation of subsection (a); and
``(B) the court may award punitive damages, as appropriate.
``(5)(A) If the court awards punitive damages under paragraph (4)
in an action brought or joined by the trustee, the court may award
between 10 percent and 25 percent of the punitive damages to the
trustee who brought or joined the action.
``(B) Any punitive damages under this subsection shall be in
addition to the compensation set out in section 326.
``(6) If the commencement or continuation of any action described
in subsection (a) was taken by a person in the good faith belief that
subsection (a) did not apply to the debt, and the action was withdrawn
upon discovery that subsection (a) applied to the debt, the recovery
shall be limited to actual damages, including damages for emotional
distress, and reasonable costs and attorneys' fees.
``(7) Nothing in this subsection shall be construed to prejudice
the ability to bring a motion for contempt of court for a violation of
subsection (a).
``(8) An agreement between a holder of a claim and the debtor, the
consideration for which, in whole or in part, is based on a debt that
is dischargeable in a case under this title is voidable by the debtor.
``(9) Any pre-dispute arbitration agreement or pre-dispute joint-
action waiver regarding an action under paragraph (1) is voidable by
the debtor.'';
(4) in subsection (d)--
(A) in the matter preceding paragraph (1), by
striking ``727, 1141, 1192, 1228, or 1328'' and
inserting ``1031, 1141, 1192, or 1228''; and
(B) beginning in the matter preceding paragraph
(1), by striking ``If a discharge has been granted''
and all that follows through the end of paragraph (2);
(5) in subsection (f), by striking ``(c) or''; and
(6) by striking subsections (k), (l), and (m) and inserting
the following:
``(k)(1) Nothing in this section prejudices the ability to bring a
motion for contempt of court for a violation of subsection (a) or any
cause of action under applicable nonbankruptcy law.
``(2) Any pre-dispute arbitration agreement or pre-dispute joint-
action waiver purporting to apply to such an action is void.
``(l) Upon an entity's request, and after notice and a hearing, the
court shall issue an order declaring whether an action proposed to be
taken by the entity would be a violation of the discharge injunction
under subsection (a).
``(m) The debtor's failure to assert, raise, or plead the discharge
shall not be construed to be a waiver against asserting the
discharge.''.
(ii) Protection Against Discriminatory Treatment.--Section 525 of
title 11, United States Code, is amended--
(1) in subsection (a), by striking ``solely'';
(2) in subsection (b), in the matter preceding paragraph
(1)--
(A) by inserting ``deny employment to,'' after
``may''; and
(B) by striking ``solely''; and
(3) by adding at the end the following:
``(d)(1) A person aggrieved by a violation of this section may
enforce this section in the bankruptcy case or by bringing a civil
action in an appropriate district court of the United States.
``(2) To remedy a violation of this section, a court may--
``(A) award damages including back pay;
``(B) grant injunctive or other equitable relief; and
``(C) award of costs, including attorneys' fees, to an
aggrieved party who prevails.''.
(jj) Restrictions on Debt Relief Agencies.--
(1) In general.--Section 526 of title 11, United States
Code, is repealed.
(2) Conforming amendment.--The table of sections for
chapter 5 of title 11, United States Code, is amended by
striking the item relating to section 526.
(kk) Disclosures.--
(1) In general.--Section 527 of title 11, United States
Code, is repealed.
(2) Conforming amendment.--The table of sections for
chapter 5 of title 11, United States Code, is amended by
striking the item relating to section 527.
(ll) Requirements for Debt Relief Agencies.--
(1) In general.--Section 528 of title 11, United States
Code, is repealed.
(2) Conforming amendment.--The table of sections for
chapter 5 of title 11, United States Code, is amended by
striking the item relating to section 528.
(mm) Property of the Estate.--Section 541 of title 11, United
States Code, is amended--
(1) in subsection (b)(7)--
(A) by striking ``except that such amount under
this subparagraph shall not constitute disposable
income as defined in section 1325(b)(2); or'' each
place it appears;
(B) in subparagraph (A)(i)(III), by adding ``or''
at the end; and
(C) in subparagraph (B)(i)(III), by adding ``or''
at the end;
(2) in subsection (c)(2), by striking the period at the end
and inserting ``, except to the extent necessary to satisfy
claims entitled to priority under section 507(a)(1).''; and
(3) by adding at the end the following:
``(g) Notwithstanding any contrary provision of nonbankruptcy law,
a pre-dispute arbitration agreement or pre-dispute joint-action waiver
entered into by the debtor shall not be enforceable against the
bankruptcy estate or the debtor for matters arising in, arising under,
or related to a case under this title.''.
(nn) Turnover of Property to Estate.--
(1) In general.--Section 542 of title 11, United States
Code, is amended--
(A) in subsection (a)--
(i) by striking ``subsection (c) or (d)''
and inserting ``subsection (d), (e), or (f)'';
and
(ii) by striking ``shall deliver to the
trustee'' and inserting ``shall, without any
condition or further action by the trustee, the
debtor, or the court, deliver promptly to the
trustee'';
(B) in subsection (b), by striking ``subsection (c)
or (d)'' and inserting ``subsection (d), (e), or (f)'';
(C) by redesignating subsections (c), (d), and (e)
as subsections (e), (f), and (g), respectively; and
(D) by adding before subsection (e), as so
redesignated, the following:
``(c) An entity in possession of property that the trustee may use,
sell, or lease under section 363 of this title, or that the debtor may
exempt under section 522 of this title, shall have, upon delivery of
such property to the trustee, the same rights in the property as if the
entity remained in possession.
``(d) An entity that holds property that the trustee may use, sell,
or lease under section 363 of this title, or that the debtor may exempt
under section 522 of this title, and that is subject to a potential
loss of value due to accident, casualty, or theft shall not be required
to deliver such property to the trustee unless the party entitled to
possession provides proof of insurance or other security sufficient to
protect the creditor against such loss of value.''.
(2) Conforming amendment.--Section 549(a)(2)(A) of title
11, United States Code, is amended by striking ``542(c)'' and
inserting ``542(e)''.
(oo) Limitations on Avoiding Powers.--Section 546(a)(1)(B) of title
11, United States Code, is amended by striking ``1104, 1163, 1202, or
1302'' and inserting ``1001, 1104, 1163, or 1202''.
(pp) Fraudulent Transfers and Obligations.--Section 548 of title
11, United States Code, is amended--
(1) in subsection (a)(1), in the matter preceding
subparagraph (A), by striking ``2 years'' and inserting ``4
years'';
(2) in subsection (b), by striking ``2 years'' and
inserting ``4 years'';
(3) in subsection (e)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``In addition'' and inserting
``Subject to paragraphs (3) and (4), in
addition'';
(ii) in subparagraph (B), by adding ``and''
at the end;
(iii) in subparagraph (C), by striking ``;
and'' and inserting a period; and
(iv) by striking subparagraph (D); and
(B) by adding at the end the following:
``(3) The trustee may not avoid under paragraph (1) a transfer of
property that is exempt from the estate pursuant to paragraph
(2)(A)(ii)(II)(kk) or (3)(A)(iii) of section 522(b).
``(4)(A) The trustee may not avoid under paragraph (1) a transfer
that was not made with actual intent to hinder, delay, or defraud.
``(B) The defendant in any action under this subsection has the
burden of proof in pleading and proving that the transfer was not made
with actual intent to hinder, delay, or defraud creditors.''.
(qq) Liability of Transferee of Avoided Transfer.--Section 550 of
title 11, United States Code, is amended by adding at the end the
following:
``(g) The trustee may recover from a transferee the costs of
bringing a successful avoidance action, including reasonable attorney
fees, for the avoidance of a transfer under section 544(b) under--
``(1) an applicable nonbankruptcy law that prohibits a
transfer made with actual intent to hinder, delay, or defraud a
creditor;
``(2) section 548(a)(1); or
``(3) section 548(e).''.
(rr) Expedited Determination of Interests in, and Abandonment or
Other Disposition of Grain Assets.--Section 557(d)(3) of title 11,
United States Code is amended by striking ``1104, 1183, 1202, and
1302'' and inserting ``1001, 1104, 1183, and 1202''.
(ss) Duties of Trustee.--Section 704 of title 11, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking ``(a) The'' and inserting ``The'';
(B) by striking paragraphs (3) and (10); and
(C) by redesignating paragraphs (4), (5), (6), (7),
(8), (9), (11), and (12) as paragraphs (3), (4), (5),
(6), (7), (8), (9), and (10), respectively;
(2) by striking subsection (b); and
(3) by striking subsection (c).
(tt) Conversion.--Section 706 of title 11, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``11, 12, or 13'' and inserting
``11 or 12''; and
(B) by striking ``1112, 1208, or 1307'' and
inserting ``1112 or 1208''; and
(2) in subsection (c), by striking ``12 or 13'' and
inserting ``12''.
(uu) Dismissal of a Case or Conversion to a Case Under Chapter 11
or 13.--
(1) In general.--Section 707 of title 11, United States
Code is amended--
(A) in the section heading, by striking ``or
conversion to a case under chapter 11 or 13'';
(B) in subsection (a), by striking ``(a) The'' and
inserting ``The'';
(C) by striking subsection (b); and
(D) by striking subsection (c).
(2) Conforming amendment.--The table of sections for
chapter 7 of title 11, United States Code, is amended by
striking the item relating to section 707 and inserting the
following:
``707. Dismissal of a case.''.
(vv) Redemption.--
(1) In general.--Section 722 of title 11, United States
Code, is repealed.
(2) Conforming amendment.--The table of sections for
chapter 7 of title 11, United States Code, is amended by
striking the item relating to section 722.
(ww) Distribution of Property of the Estate.--Section 726(b) of
title 11, United States Code, is amended by striking ``1112, 1208, or
1307'' and inserting ``1005, 1053(c), 1112, or 1208''.
(xx) Discharge.--
(1) In general.--Section 727 of title 11, United States
Code, is repealed.
(2) Conforming amendment.--The table of sections for
chapter 7 of title 11, United States Code, is amended by
striking the item relating to section 727.
(yy) Duties of Trustee and Examiner.--Section 1106 of title 11,
United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``paragraphs (2),
(5), (7), (8), (9), (10), (11), and (12) of section
704(a)'' and inserting ``paragraphs (2), (4), (6), (7),
(8), (9), and (10) of section 704''; and
(B) in paragraph (5), by striking ``7, 12, or 13''
and inserting ``7, 10, or 12''; and
(2) in subsection (c)(1)(C), by striking clause (iv) and
inserting the following:
``(iv) the name of each creditor that holds
a claim that is not discharged under paragraph
(2) or (4) of section 523(a) of this title.''.
(zz) Conversion or Dismissal.--Section 1112 of title 11, United
States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``or'';
(B) in paragraph (3), by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(4) the debtor is an individual.'';
(2) in subsection (b)(1), by inserting ``in a case in which
the debtor is not an individual,'' after ``subsection (c),'';
(3) in subsection (d), by striking ``12 or 13'' and insert
``10 or 12'';
(4) by redesignating subsection (f) as subsection (g); and
(5) by inserting after subsection (e), the following:
``(f) The debtor may convert a case under this chapter to a case
under chapter 10 of this title at any time. Any waiver of the right to
convert under this subsection is unenforceable.''.
(aaa) Property of the Estate.--Section 1115(a) of title 11, United
States Code, is amended by striking ``7, 12, or 13'' each place it
appears and inserting ``10 or 12''.
(bbb) Contents of Plan.--Section 1123(a)(8) of title 11, United
States Code, is amended by striking ``for the execution of the plan.''
and inserting ``for the debtor to meet the minimum payment obligation
of the debtor.''.
(ccc) Confirmation of Plan.--Section 1129(a)(15)(B) of title 11,
United States Code, is amended by striking ``the projected disposable
income'' and all that follows through ``whichever is longer'' and
inserting ``the minimum payment obligation of the debtor under a
repayment plan under section 1021(a)(1) if the case were a case under
chapter 10''.
(ddd) Effect of Confirmation.--Section 1141(d) of title 11, United
States Code, is amended--
(1) in paragraph (3)(C)--
(A) by striking ``section 727(a)'' and inserting
``section 1031''; and
(B) by striking ``chapter 7'' and inserting
``chapter 10''; and
(2) in paragraph (5)--
(A) in subparagraph (A), by adding ``and'' at the
end;
(B) in subparagraph (B)(iii), by striking ``; and''
at the end and inserting a period; and
(C) by striking subparagraph (C).
(eee) Trustee.--Section 1183(b) of title 11, United States Code, is
amended--
(1) in paragraph (1), by striking ``paragraphs (2), (5),
(6), (7), and (9) of section 704(a)'' and inserting
``paragraphs (2), (4), (5), (6), and (8) of section 704'';
(2) in paragraph (5)(A), by striking ``704(a)(8)'' and
inserting ``704(7)''; and
(3) in paragraph (6), by striking ``704(c)'' and inserting
``1001(b)(5)''.
(fff) Property of the Estate.--Section 1186(a) of title 11, United
States Code, is amended by striking ``7, 12, or 13'' each place it
appears and inserting ``7, 10, or 12''.
(ggg) Trustee.--Section 1202 of title 11 United States Code, is
amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``sections
704(a)(2), 704(a)(3), 704(a)(5), 704(a)(6), 704(a)(7),
and 704(a)(9)'' and inserting ``paragraphs (2), (3),
(4), (5), (6), and (8) of section 704''; and
(B) in paragraph (5), by striking ``704(a)(8)'' and
inserting ``704(7)''; and
(2) in subsection (c)(1)(C), by striking clause (iv) and
inserting the following:
``(iv) the name of each creditor that holds
a claim that is not discharged under paragraph
(2) or (4) of section 523(a) of this title.''.
(hhh) Conversion or Dismissal.--Section 1208 of title 11, United
States Code, is amended--
(1) in subsection (a) by striking ``7 of'' and inserting
``7 or 10 of''; and
(2) in subsection (b) by striking ``or 1112'' and inserting
``, 1005, 1053(c), or 1112''.
(iii) Discharge.--Section 1228 of title 11, United States Code, is
amended by striking subsection (f).
SEC. 105. DATA COLLECTION.
Section 159 of title 28, United States Code, is amended by striking
subsections (a), (b), and (c) and inserting the following:
``(a)(1) When a case is filed under chapter 10 of title 11, each
debtor in the case may file with the court the following information
about the debtor:
``(A) Marital status.
``(B) Age.
``(C) Sex.
``(D) Race.
``(E) Ethnicity.
``(2) The Attorney General, in consultation with the Consumer
Bankruptcy Ombuds of the Bureau of Consumer Financial Protection and
the Director of the Administrative Office of the United States Courts
(referred to in this section as the `Director'), shall prescribe a
standard form for the collection of the information described in
paragraph (1).
``(3) Any information collected, stored, received, or published
under paragraph (1) shall--
``(A) be so collected, stored, received, or published in a
manner that protects the privacy of individuals whose
information is included in such data;
``(B) be de-identified or anonymized in a manner that
protects the identity of all individuals whose information is
included in such data; and
``(C) be limited in use for the purpose of identifying and
addressing disparities in the bankruptcy system and be
protected from all other internal use by any entity that
collects, stores, or receives the information and from any
other inappropriate uses.
``(4) Any information collected under paragraph (1)--
``(A) shall not be part of the public record of the
bankruptcy case; and
``(B) shall be maintained in a nonpublic record by the
court to fulfill its duties under subsection (b).
``(b)(1) The clerk of the district court, or the clerk of the
bankruptcy court if one is certified pursuant to section 156(b), shall
collect information regarding individual debtors seeking relief under
chapter 10 of title 11.
``(2) The information collected pursuant to paragraph (1) shall be
in a standardized format prescribed by the Director so that the
Director may fulfill the duties in subsection (c).
``(c)(1) In this subsection, the term `qualified researcher' means
a person who has undertaken to protect the confidentiality and privacy
of the information in the database in a protocol that has been reviewed
and approved by an institutional review board that is established--
``(A) to protect the rights and welfare of human subjects
participating in scientific research; and
``(B) in accordance with the requirements established under
part 46 of title 45, Code of Federal Regulations, or any
successor thereto.
``(2) The Director shall--
``(A) compile statistical tables from the information
described in subsections (a)(1) and (b) and make the tables
available to the public;
``(B) not later than July 1, 2026, and annually thereafter,
prepare and submit to Congress a report concerning the
information collected under subsections (a) and (b) that
contains an analysis of the information; and
``(C) not later than December 31, 2026, and each calendar
year thereafter, make available to--
``(i) qualified researchers an electronic database
containing the information collected under subsections
(a) and (b) or used to create the compilation required
under this subsection; and
``(ii) the public an electronic database containing
the information collected under subsection (b) or used
to create the compilation required by this subsection.
``(d) The compilation required under subsection (c) shall--
``(1) be presented in the aggregate and for each judicial
district and division; and
``(2) include information concerning--
``(A) the total assets and total liabilities of the
debtors and in each category of assets and liabilities,
as reported in the schedules prescribed pursuant to
section 2075 and filed by debtors;
``(B) the current monthly income of debtors as
reported on the schedules and statements that each
debtor files under section 521 of title 11;
``(C) the total compensation the debtors promised
to pay to an attorney, the amount of the compensation
paid to an attorney before filing, and the total number
of cases in which a wage garnishment order or
electronic funds transfer order was entered to pay an
attorney;
``(D) the total number of dependents of the debtors
and the total number of dependents of the debtors under
the age of 18;
``(E) whether the debtors had an ownership interest
in real estate that served as the debtors' principal
residence;
``(F) whether the debtors had an ownership interest
in real estate other than that served as the debtors'
principal residence;
``(G) the minimum payment obligation of the debtors
as determined under section 101(54) of title 11;
``(H) whether the debtors filed a repayment plan, a
residence plan, or a property plan; and
``(I) the average period of time between the date
of the filing of the petition and the closing of the
case for cases closed during the reporting period.
``(e) The Director may add other information to the compilations
and databases required by this section that improve the understanding
of the causes of bankruptcy and the functioning of the bankruptcy
system.''.
SEC. 106. ELECTRONIC SIGNATURES.
(a) Electronic Signature Defined.--In this section, the term
``electronic signature'' has the meaning given the term in section 106
of the Electronic Signatures in Global and National Commerce Act (15
U.S.C. 7006).
(b) Electronic Signatures Allowed.--A signature required for a
filing in a case under title 11, United States Code, may not be denied
legal effect, validity, or enforceability solely because it is an
electronic signature.
(c) Original Electronic Signatures Allowed.--In a case under title
11, United States Code, an original signature may be an electronic
signature.
SEC. 107. JUDICIAL EDUCATION.
The Director of the Federal Judicial Center, in consultation with
the Director of the Executive Office for United States Trustees, shall
develop materials and conduct training that may be useful to courts in
implementing this Act and the amendments made by this Act.
SEC. 108. CONFORMING AMENDMENTS TO OTHER LAWS.
(a) Bankruptcy Abuse and Consumer Protection Act of 2005.--
(1) Audit procedures.--Section 603 of the Bankruptcy Abuse
Prevention and Consumer Protection Act of 2005 (28 U.S.C. 586
note) is amended--
(A) by striking subsections (a) and (b); and
(B) by redesignating subsections (c), (d), and (e)
as subsections (a), (b), and (c), respectively.
(2) Judicial education.--Section 1226 of the Bankruptcy
Abuse Prevention and Consumer Protection Act of 2005 (11 U.S.C.
101 note) is repealed.
(3) Tax documents.--Section 1228(b) of the Bankruptcy Abuse
Prevention and Consumer Protection Act of 2005 (11 U.S.C. 521
note) is repealed.
(b) Consolidated Farm and Rural Development Act.--Section
373(b)(2)(A)(ii) of the Consolidated Farm and Rural Development Act (7
U.S.C. 2008h(b)(2)(A)(ii)) is amended by striking ``chapters 11, 12, or
13'' and inserting ``chapter 10, 11, or 12''.
(c) Consumer Credit Protection Act.--Section 303(b)(1)(B) of the
Consumer Credit Protection Act (15 U.S.C. 1673(b)(1)(B)) is amended by
striking ``any order of any court of bankruptcy under chapter XIII of
the Bankruptcy Act.'' and inserting ``any order of any court of the
United States having jurisdiction over cases under title 11; and''.
(d) Higher Education Act of 1965.--Section 437(b) of the Higher
Education Act of 1965 (20 U.S.C. 1087(b)) is amended--
(1) in paragraph (1), by striking ``chapter 12 or 13'' and
inserting ``chapter 10 or 12'';
(2) in paragraph (2), by striking ``chapter 7 or 11'' and
inserting ``chapter 10, 11, or 12''; and
(3) in paragraph (3), by striking ``chapter 7 or 11'' and
inserting ``chapter 10, 11, or 12''.
(e) Housing and Community Development Amendments of 1978.--Section
201(l)(2)(C) of the Housing and Community Development Amendments of
1978 (12 U.S.C. 1715z-1a(l)(2)(C)) is amended by striking ``727, 1141,
or 1328(b)'' and inserting ``1031, 1141, or 1192''.
(f) Internal Revenue Code of 1986.--The Internal Revenue Code of
1986 is amended--
(1) in section 1398--
(A) in subsection (a), by striking ``chapter 7
(relating to liquidation) or chapter 11 (relating to
reorganizations)'' and inserting ``chapter 10, chapter
11, or chapter 12'';
(B) in subsection (b)(1), by striking ``chapter 7
or 11'' and inserting ``chapter 7 or 10''; and
(C) in subsection (e)(1)--
(i) by striking the second sentence;
(ii) by striking ``The gross income'' and
inserting the following:
``(A) Gross income.--Subject to subparagraph (B),
the gross income''; and
(iii) by adding at the end the following:
``(B) Limitation.--Subparagraph (A) shall not apply
to any amount received or accrued by the debtor before
the commencement date.
``(C) Income after commencement date.--In a
proceeding under chapter 10 of title 11, United States
Code, and for purposes of subparagraph (A), the estate
shall have no interest in any income earned by the
debtor after the commencement date, including income
used to satisfy the minimum payment obligation (as
defined in section 101 of title 11, United States
Code).
``(D) Commencement date defined.--In this
subsection, the term `commencement date' has the
meaning given the term in subsection (d)(3).'';
(2) in section 6327--
(A) by striking paragraph (4); and
(B) by redesignating paragraph (5) and (6) as
paragraphs (4) and (5), respectively; and
(3) in section 7437--
(A) by striking paragraph (4); and
(B) by redesignating paragraphs (5), (6), (7), (8),
and (9) as paragraphs (4), (5), (6), (7), and (8),
respectively.
(g) Title 28.--Title 28, United States Code, is amended--
(1) in section 157(b)(2)--
(A) in subparagraph (B), by striking ``chapter 11,
12, or 13'' and inserting ``chapter 10, 11, or 12'';
(B) in subparagraph (O), by striking ``and'' at the
end;
(C) in subparagraph (P), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(Q) proceedings to enforce rights under sections
524 or 525 of title 11.'';
(2) in section 589b--
(A) in subsection (a)(1), by striking ``chapters 7,
12, and 13'' and inserting ``chapters 7, 10, and 12'';
and
(B) in subsection (d)--
(i) in the matter preceding paragraph (1),
by striking ``chapters 7, 12, and 13'' and
inserting ``chapters 7, 10, and 12'';
(ii) in paragraph (5), by striking ``,
including for use under section 707(b), actual
costs of administering cases under chapter 13
or chapter 11''; and
(iii) in the matter following paragraph
(8), by striking ``chapters 12 and 13'' and
inserting ``chapters 10 and 12''; and
(3) in section 3014(a)(1), by striking ``section 522(d)''
and inserting ``section 522(b)''.
(h) Title 38.--Section 3732(a)(2)(B) of title 38, United States
Code, is amended by striking ``1322(b)'' and inserting ``1022(b)''.
TITLE II--CONSUMER FINANCIAL PROTECTION AMENDMENTS
SEC. 201. AMENDMENTS TO THE CONSUMER FINANCIAL PROTECTION ACT OF 2010.
(a) Consumer Bankruptcy Ombuds.--
(1) In general.--The Consumer Financial Protection Act of
2010 (12 U.S.C. 5481 et seq.) is amended by inserting after
section 1035 (12 U.S.C. 5535) the following:
``SEC. 1035A. CONSUMER BANKRUPTCY OMBUDS.
``(a) Establishment.--The Director, in consultation with the
Attorney General, shall designate a Consumer Bankruptcy Ombuds (in this
section referred to as the `Ombuds') within the Bureau, to provide
timely assistance to individual debtors in bankruptcy.
``(b) Public Information.--The Director and the Attorney General
and the bankruptcy clerks appointed under section 156(b) of title 11,
United States Code, shall disseminate information about the
availability and functions of the Ombuds to individual debtors in
bankruptcy and consumer bankruptcy attorneys and consumer credit
counseling agencies.
``(c) Functions of Ombuds.--The Ombuds designated under this
subsection shall--
``(1) in accordance with regulations of the Director,
receive, review, and attempt to resolve informally complaints
from individual debtors in bankruptcy, including, as
appropriate, attempts to resolve such complaints in
collaboration with creditors, the United States Trustee Program
of the Department of Justice, trustees in bankruptcy, the
bankruptcy clerks appointed under section 156(b) of title 11,
United States Code, and consumer privacy ombudsmen and future
claims representatives appointed in bankruptcy;
``(2) not later than 90 days after the date of enactment of
this section, establish a memorandum of understanding with the
Executive Office of the United States Trustee Program, to
ensure coordination in providing assistance to and serving
individual debtors in bankruptcy seeking to resolve complaints
related to their bankruptcy cases;
``(3) compile and analyze data on consumer bankruptcy
filings, including on the causes of individual bankruptcy
filings, the relationship between consumer bankruptcy filings
and consumer financial products and services, and any
disparities in the bankruptcy system, including any disparities
based on the demographic categories described in section
159(a)(1) of title 28, United States Code;
``(4) compile and analyze data on complaints from
individual debtors in bankruptcy;
``(5) make recommendations to the Director and the Attorney
General regarding the filing of amicus curiae briefs and making
appearances in individual bankruptcy cases, particularly in the
cases involving repeat patterns of creditor behavior;
``(6) consult with the Director of the Administrative
Office of the United States Courts regarding the duties of that
officer under section 159 of title 28, United States Code,
regarding data collection and reporting; and
``(7) make other appropriate recommendations to the
Director, the Attorney General, the Committee on Banking,
Housing, and Urban Affairs and the Committee on the Judiciary
of the Senate and the Committee on Financial Services and the
Committee on Judiciary of the House of Representatives.
``(d) Annual Reports.--
``(1) In general.--The Ombuds shall prepare an annual
report that describes the activities, and evaluates the
effectiveness, of the Ombuds during the preceding year.
``(2) Submission.--The report required under paragraph (1)
shall be submitted on the same date annually to the Attorney
General, the Committee on Banking, Housing, and Urban Affairs
and the Committee on the Judiciary of the Senate and the
Committee on Financial Services and the Committee on the
Judiciary of the House of Representatives.''.
(2) Technical amendment.--The table of contents in section
1(b) of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (12 U.S.C. 5301 note) is amended by inserting
after the item relating to section 1035 the following new item:
``Sec. 1035A. Consumer Bankruptcy Ombuds.''.
(b) Supervision of Higher Cost Lenders.--Section 1024(a)(1)(E) of
the Consumer Financial Protection Act of 2010 (12 U.S.C. 5514(a)(1)(E))
is amended by striking ``a payday loan'' and inserting ``a loan with an
annual percentage rate of greater than 36 percent, as determined under
section 987(i)(4) of title 10, United States Code''.
(c) Violations of Discharge Injunction.--Section 1036(a) of the
Consumer Financial Protection Act of 2010 (12 U.S.C. 5536(a)), is
amended--
(1) in paragraph (2)(C), by striking ``or'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(4) to violate section 524(a) of title 11, United States
Code, in a case involving an individual debtor.''.
(d) Authority To Exercise Supervision and Enforcement Authority
Regarding Bankruptcy Law.--
(1) Definitions.--Section 1002(12) of the Consumer
Financial Protection Act of 2010 (12 U.S.C. 5481(12)) is
amended--
(A) in subparagraph (Q), by striking ``and'' at the
end;
(B) in subparagraph (R), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(S) title 11, United States Code, with respect to
individual debtors.''.
(2) Exception from rulemaking.--Section 1022 of the
Consumer Financial Protection Act of 2010 (12 U.S.C. 5512) is
amended--
(A) by inserting ``(except title 11, United States
Code)'' after ``Federal consumer financial law'' each
place the term appears; and
(B) by inserting ``(except title 11, United States
Code)'' after ``Federal consumer financial laws'' each
place the term appears.
(e) Average Prime Offer Rate for Motor Vehicle Financings.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and not less frequently than monthly
thereafter, the Bureau of Consumer Financial Protection shall
publish on the website of the Bureau of Consumer Financial
Protection the following information with respect to motor
vehicle financing:
(A) The current (as of the date of publication)
average prime offer rate for that type of financing,
including the provision of that financing through
retail installment sales contracts.
(B) The most common duration of that type of
financing.
(C) Rate structures for financings for the purchase
of new and used light motor vehicles that are used
primarily for personal, family, or household use.
(2) Data collection.--In carrying out paragraph (1), the
Bureau of Consumer Financial Protection may engage in the
collection of information without regard to chapter 35 of title
44, United States Code.
SEC. 202. AMENDMENTS TO THE TRUTH IN LENDING ACT.
Section 130 of the Truth in Lending Act (15 U.S.C. 1640) is
amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A)--
(i) in clause (ii)--
(I) by striking ``$200'' and
inserting ``$1,600''; and
(II) by striking ``$2,000'' and
inserting ``$16,000'';
(ii) in clause (iii)--
(I) by striking ``$500'' and
inserting ``$4,000''; and
(II) by striking ``$5,000'' and
inserting ``$40,000''; and
(iii) in clause (vi)--
(I) by striking ``$400'' and
inserting ``$3,200''; and
(II) by striking ``$4,000'' and
inserting ``$32,000''; and
(B) in subparagraph (B), by striking ``lesser of
$1,000,000 or 1'' and inserting ``greater of $8,000,000
or 5''; and
(2) by adding at the end the following:
``(m) Adjustments.--On April 1, 2026, and each April 1 thereafter,
each dollar amount in effect under subsection (a) on the day before
such April 1 shall be adjusted--
``(1) to reflect the change in the Consumer Price Index for
All Urban Consumers, published by the Department of Labor, for
the most recent period ending immediately before January 1
preceding such April 1; and
``(2) to round to the nearest $25 the dollar amount that
represents the change described in paragraph (1).''.
SEC. 203. AMENDMENTS TO THE FAIR CREDIT REPORTING ACT.
The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended--
(1) in section 605(a) (15 U.S.C. 1681c(a)), by striking
paragraph (1) and inserting the following:
``(1) Cases under title 11, United States Code, that, from
the date of entry of the order for relief, antedate the report
by more than 7 years.''; and
(2) in section 616 (15 U.S.C. 1681n)--
(A) in subsection (a)(1)--
(i) in subparagraph (A)--
(I) by striking ``$100'' and
inserting ``$700''; and
(II) by striking ``$1,000'' and
inserting ``$7,000''; and
(ii) in subparagraph (B), by striking
``$1,000'' and inserting ``$7,000'';
(B) in subsection (b), by striking ``$1,000'' and
inserting ``$7,000''; and
(C) by adding at the end the following:
``(e) Adjustment.--On April 1, 2026, and each April 1 thereafter,
each dollar amount in effect under subsections (a) and (b) on the day
before such April 1 shall be adjusted--
``(1) to reflect the change in the Consumer Price Index for
All Urban Consumers, published by the Department of Labor, for
the most recent period ending immediately before January 1
preceding such April 1; and
``(2) to round to the nearest $25 the dollar amount that
represents the change described in paragraph (1).''.
SEC. 204. AMENDMENTS TO THE EQUAL CREDIT OPPORTUNITY ACT.
The Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) is
amended--
(1) in section 701(a)(1) (15 U.S.C. 1691(a)(1)), by
inserting ``sexual orientation, gender identity, familial
status,'' after ``status,''; and
(2) in section 706 (15 U.S.C. 1691e)--
(A) in subsection (b), by striking--
(i) ``$10,000'' and inserting ``$60,000'';
and
(ii) ``500,000 or 1'' and inserting
``$5,000,000 or 5''; and
(B) by adding at the end the following:
``(l) Adjustment.--On April 1, 2026, and each April 1 thereafter,
each dollar amount in effect under subsection (b) on the day before
such April 1 shall be adjusted--
``(1) to reflect the change in the Consumer Price Index for
All Urban Consumers, published by the Department of Labor, for
the most recent period ending immediately before January 1
preceding such April 1; and
``(2) to round to the nearest $25 the dollar amount that
represents the change described in paragraph (1).''.
SEC. 205. AMENDMENTS TO THE FAIR DEBT COLLECTION PRACTICES ACT.
The Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.) is
amended--
(1) in section 803(6) (15 U.S.C. 1692a(6)), in the third
sentence, by inserting ``against personal property'' before the
period at the end;
(2) in section 808 (15 U.S.C. 1692f), by adding at the end
the following:
``(9) Filing a lawsuit or a claim in a bankruptcy case that
is based on a debt without an actual, reasonable, good-faith
belief that the applicable statute of limitations for
enforcement of that debt has not expired at the time of filing.
``(10) Any act to knowingly collect or attempt to collect a
debt that has been discharged in bankruptcy except acceptance
of a purely voluntary payment of the debtor without
encouragement or coercion by the debt collector.''; and
(3) in section 813 (15 U.S.C. 1692k)--
(A) in subsection (a)(2)--
(i) in subparagraph (A), by striking
``$1,000'' and inserting ``$5,000''; and
(ii) in subparagraph (B), by striking
``lesser of $500,000 or 1'' and inserting
``greater of $5,000,000 or 5''; and
(B) by adding at the end the following:
``(f) On April 1, 2026, and each April 1 thereafter, each dollar
amount in effect under paragraph (a)(2) on the day before such April 1
shall be adjusted--
``(1) to reflect the change in the Consumer Price Index for
All Urban Consumers, published by the Department of Labor, for
the most recent period ending immediately before January 1
preceding such April 1; and
``(2) to round to the nearest $25 the dollar amount that
represents the change described in paragraph (1).''.
SEC. 206. AMENDMENTS TO THE ELECTRONIC FUND TRANSFERS ACT.
Section 916 of the Electronic Fund Transfers Act (15 U.S.C. 1693m)
is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A)--
(i) by striking ``$100'' and inserting
``$500''; and
(ii) by striking ``$1,000'' and inserting
``$5,000''; and
(B) in subparagraph (B)(ii), by striking ``lesser
of $500,000 or 1'' and inserting ``greater of
$5,000,000 or 5''; and
(2) by adding at the end the following:
``(h) On April 1, 2026, and each April 1 thereafter, each dollar
amount in effect under paragraph (a)(2) on the day before such April 1
shall be adjusted--
``(1) to reflect the change in the Consumer Price Index for
All Urban Consumers, published by the Department of Labor, for
the most recent period ending immediately before January 1
preceding such April 1; and
``(2) to round to the nearest $25 the dollar amount that
represents the change described in paragraph (1).''.
TITLE III--BANKRUPTCY RULES
SEC. 301. RULES ENABLING ACT AMENDMENTS.
(a) In General.--Notwithstanding the third undesignated paragraph
of section 2075 of title 28, United States Code, the Supreme Court of
the United States may prescribe by general rules, the forms of process,
writs, pleadings, and motions, and the practice and procedure in cases
under title 11, United States Code, as may be necessary to carry out
this Act before the effective date of this Act.
(b) Technical and Conforming Amendment.--Section 2075 of title 28,
United States Code, is amended by striking the fourth undesignated
paragraph.
(c) Plain Writing.--In drafting the form required by section
1031(d) of title 11, as added by this Act, the Judicial Conference of
the United States shall comply with the requirements under the Plain
Writing Act of 2010 (5 U.S.C. 301 note).
SEC. 302. BANKRUPTCY RULES AMENDMENTS.
Rule 7004 of the Federal Rules of Bankruptcy Procedure is amended
by striking subdivision (h).
SEC. 303. SENSE OF CONGRESS.
It is the sense of Congress that the Judicial Conference of the
United States should--
(1) promulgate a simplified version of the schedule of
current income and current expenditures required under section
521(a)(1)(B)(ii) of title 11, United States Code for debtors
who, by virtue of section 521(c) of title 11, United States
Code, are not subject to the documentation requirements of that
section or the statement of annual income required by section
521(a)(1)(B)(v) of title 11, United States Code; and
(2) draft rules that provide that, with respect to a case
in which the debtor is an individual, the rights under section
542 of title 11, United States Code, may be enforced by motion.
TITLE IV--FUNDING THE BANKRUPTCY SYSTEM
SEC. 401. BANKRUPTCY FEES.
Section 1930 of title 28, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)(B), by striking ``chapter 13
of title 11, $235'' and inserting ``chapter 10 of title
11, $250''; and
(B) in the undesignated matter following paragraph
(7), by striking ``chapter 7, or 13 of title 11'' and
inserting ``chapter 7 or 10 of title 11'';
(2) in subsection (b), by striking the period at the end
and inserting ``, which may not include any additional fees for
the filing of a petition under chapter 10 of title 11.''; and
(3) in subsection (f)--
(A) by striking paragraph (1) and inserting the
following:
``(1)(A) Under the procedures prescribed by the Judicial Conference
of the United States, the district court or the bankruptcy court may
waive all fees payable to the clerk of the court in a case under
chapter 10 of title 11 for an individual if the court determines that
such individual--
``(i) has an income that is less than 150 percent of the
official poverty line (as defined in section 673 of the Omnibus
Budget Reconciliation Act of 1981 (42 U.S.C. 9902)) applicable
to a family of the size of the family of the individual; and
``(ii) is unable to pay those fees in installments.
``(B) For the purpose of subparagraph (A)(ii), the court shall
conclusively presume that the individual is unable to pay those fees in
installments if the court determines that the individual has an income
that is less than the official poverty line (as defined in section 673
of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9902))
applicable to a family of the size of the family of the individual.'';
and
(B) in paragraph (2), by striking ``subsections (b)
and (c)'' and inserting ``subsections (c) and (d)''.
SEC. 402. TRUSTEE COMPENSATION.
(a) Amendments.--Section 586 of title 28, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (3)--
(i) in the matter preceding subparagraph
(A), by striking ``chapter 7, 11 (including
subchapter V of chapter 11), 12, 13, or 15''
and inserting ``chapter 7, 10, 11 (including
subchapter V of chapter 11), 12, or 15''; and
(ii) in subparagraph (C)--
(I) by striking ``chapters 12 and
13 of title 11'' and inserting
``chapters 10 and 12 of title 11''; and
(II) by striking ``sections 1224,
1229, 1324, and 1329'' and inserting
``sections 1024, 1029, 1224, and
1229'';
(B) by striking paragraph (6); and
(C) by redesignating paragraphs (7) and (8) as
paragraphs (6) and (7), respectively;
(2) by amending subsection (b) to read as follows:
``(b) If the number of cases under chapter 10 or 12 of title 11 or
subchapter V of chapter 11 of title 11 commenced in a particular region
so warrants, the United States trustee for such region may, subject to
the approval of the Attorney General, appoint 1 or more individuals to
serve as standing trustee, or designate 1 or more assistant United
States trustees to serve in cases under such chapter. The United States
trustee may also establish, maintain, and supervise a panel of private
trustees that are eligible and available to serve as trustees in cases
under chapter 10 of title 11. The United States trustee for such region
shall supervise the performance of the duties of any such individual
appointed under this subsection.'';
(3) in subsection (d)(1), by striking ``under subchapter V
of chapter 11 or chapter 12 or 13 of title 11'' each place the
term appears and inserting ``chapter 10 or 12 of title 11 or
subchapter V of chapter 11 of title 11'';
(4) in subsection (e)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``under subchapter V of
chapter 11 or chapter 12 or 13 of title 11'' and
inserting ``chapter 12 of title 11 or subchapter V of
chapter 11'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``under subchapter V of
chapter 11 or chapter 12 or 13 of title 11''
and inserting ``chapter 12 of title 11 or
subchapter V of chapter 11 of title 11'';
(ii) in subparagraph (A), by striking
``under subchapter V of chapter 11 or chapter
12 or 13 of title 11'' and inserting ``chapter
12 of title 11 or subchapter V of chapter 11 of
title 11'';
(iii) in subparagraph (B)(ii), by striking
``subparagraph (d)(1)(B)'' and inserting
``paragraph (1)(B)'';
(C) by redesignating paragraphs (3), (4), and (5)
as paragraphs (5), (6), and (7), respectively; and
(D) by inserting after paragraph (2) the following:
``(3) The Attorney General, after consultation with a
United States trustee that has appointed an individual under
subsection (b) of this section to serve as standing trustee in
cases under chapter 10 of title 11, shall fix--
``(A) a maximum annual compensation for such
individual consisting of--
``(i) an amount not to exceed the 1.25
times the highest annual rate of basic pay in
effect for a position at level IV of the
Executive Schedule under section 5315 of title
5; and
``(ii) the cash value of employment
benefits comparable to the employment benefits
provided by the United States to individuals
who are employed by the United States at the
same rate of basic pay to perform similar
services during the same period of time; and
``(B) a percentage fee not to exceed 10 percent.
``(4) An individual serving as standing trustee in cases
under chapter 10 of title 11 shall collect such percentage fee
from all payments received by such individual (including the
value of property tendered to such individual) under plans in
such cases for which such individual serves as standing
trustee. Such individual shall pay to the United States
trustee, and the United States trustee shall deposit in the
United States Trustee System Fund--
``(A) any amount by which the actual compensation
of such individual exceeds 5 percent upon all payments
received under repayment plans in such cases for which
such individual serves as standing trustee; and
``(B) any amount by which the percentage fee for
all such cases exceeds--
``(i) such individual's actual compensation
for such cases, as adjusted under subparagraph
(A) of paragraph (3); plus
``(ii) the actual, necessary expenses
incurred by such individual as standing trustee
in such cases. Subject to the approval of the
Attorney General, any or all of the interest
earned from the deposit of payments under
repayment plans by such individual may be
utilized to pay actual, necessary expenses
without regard to the percentage limitation
contained in paragraph (3)(B) of this
subsection.''; and
(5) by striking subsection (f).
(b) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Attorney General shall promulgate regulations to
implement a process for substituting a trustee under section 1001 of
title 11, United States Code, when necessary.
TITLE V--MISCELLANEOUS
SEC. 501. EFFECTIVE DATE.
The provisions of this Act and the amendments made by this Act
shall take effect on the date that is 1 year after the date of
enactment of this Act.
SEC. 502. TRANSITION.
A case commenced under title 11, United States Code before the date
that is 1 year after the date of enactment of this Act, and all matters
and proceedings in or relating to any such case, shall be conducted and
determined as if this Act had not been enacted, and the substantive
rights of parties in connection with any such bankruptcy case, matter,
or proceeding shall continue to be governed by the law applicable to
such case, matter, or proceeding as if the Act had not been enacted.
SEC. 503. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be invalid or unconstitutional, the remainder
of this Act, the amendments made by this Act, and the application of
such provisions to any person or circumstance shall not be affected
thereby.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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