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Code · BILL · 116th Congress · H.R. 8902 (Introduced in House) — To amend title 11, United States Code, to add a bankruptcy chapter relating to the debt of individuals, and for other... · Sec. 104

Sec. 104. Other amendments to the Bankruptcy Code

14,657 words·~67 min read·/bill/116/hr/8902/ih/section-104

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 101 of title 11, United States Code, is amended— by striking paragraphs (3), (4A), (10A), (12A), and (30); by redesignating paragraphs (53B), (53C), (56A), (53D), (54), (54A), and
(55)as paragraphs (86), (87), (88), (89), (90), (91), and (92), respectively; by inserting before paragraph (87), as so redesignated, the following: The term store gift card means a card, code, or other device that is— 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 redeemable for goods or services upon presentation at a single merchant or an affiliated group of merchants. ; 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; by inserting before paragraph (73), as so redesignated, the following: The term residence plan means a plan filed pursuant to section 1022(b) of this title. ; by redesignating paragraphs
(46)and
(47)as paragraphs
(70)and (71), respectively; by inserting before paragraph (70), as so redesignated, the following: The term repayment plan means a plan filed pursuant to section 1022(a) of this title. ; by redesignating paragraph
(45)as paragraph (68); by inserting before paragraph (68), as so redesignated, the following: 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. ; by redesignating paragraphs
(43)and
(44)as paragraphs
(65)and (66), respectively; by inserting before paragraph (65), as so redesignated, the following: The term property plan means a plan filed pursuant to section 1022(c) of this title. ; by redesignating paragraph
(42A)as paragraph (63); by inserting before paragraph (63), as so redesignated, the following: 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. 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. ; by redesignating paragraphs (40), (40A), (40B), (41), (41A), and
(42)as paragraphs (55), (56), (57), (58), (59), and (60), respectively; by inserting before paragraph (56), as so redesignated, the following: The term minimum payment obligation means, except as provided in section 1021(c)(1) of this title, an amount equal to the lesser of— the allowed unsecured claims; or the sum of— the value of the debtor’s interest in property of the bankruptcy estate in excess of— any allowed secured claims that are secured by that property; plus any exemption applicable under section 522(b); in the case of a debtor in a household of 1, 2, 3, or 4 individuals, to the extent the debtor’s annual income exceeds 135 percent of the median family income of the applicable State for a family of the same number of individuals or fewer as the debtor— if the excess is not over $10,000, 15 percent of the excess; if the excess is over $10,000 but not over $50,000, $1,500 plus 45 percent of the excess over $10,000; if the excess is over $50,000 but not over $100,000, $19,500 plus 75 percent of the excess over $50,000; or if the excess is over $100,000, $94,500 plus 150 percent of the excess over $100,000; and in the case of a debtor in a household exceeding 4 individuals, clause
(ii)shall apply, except that excess income shall be calculated as the extent to which the debtor’s annual income exceeds the sum of 135 percent of the highest median family income of the applicable State for a family of 4 or fewer individuals and $9,000 for each individual in excess of 4. ; by redesignating paragraphs (31), (32), (33), (34), (35), (35A), (36), (37), (38), (38A), (38B), (39), and
(39A)as paragraphs (41), (42), (43), (44), (45), (46), (47), (48), (49), (50), (51), (52), and (53), respectively; in paragraph (45)(B), as so redesignated, by striking paragraphs
(21B)and (33)(A) and inserting paragraphs
(29)and (43)(A) ; 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; in paragraph (18), as so redesignated— in the matter preceding subparagraph (A), by inserting attorneys’ fees and before interest ; and by striking subparagraph
(A)and inserting the following: 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; ; by striking paragraph
(13A)and inserting the following: The term debtor’s principal residence , with respect to a debtor, means 1 of the following: 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. An interest in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence. A residential leasehold that the debtor or a dependent of the debtor uses as a residence. ; 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 by inserting before paragraph
(4)the following: The term annual income means— 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 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. . Section 1503(3)(A)(iv) of the S.A.F.E. Mortgage Licensing Act of 2008 ( 12 U.S.C. 1502(3)(A)(iv) ) is amended by striking section 101(53D) and inserting section 101(89) . 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) . Section 210(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5390(a) )— in paragraph (11)(H)— in clause (i)(I), by striking section 101(31) and inserting section 101(41) ; and in clause (ii)(II), by striking section 101(32) and inserting section 101(42) ; and in paragraph (12)(C), by striking section 101(32) and inserting section 101(42) . 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) . 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) . 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) . 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) . 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) . 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) . 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) . Section 103 of title 11, United States Code, is amended— in subsection (a)— by striking chapter 7, 11, 12, or 13 of this title and inserting chapter 7, 10, 11, or 12 of this title ; and by striking section 362(o) and inserting section 362(m) ; and in subsection
(j)by striking Chapter 13 and inserting Chapter 10 . Section 104 of title 11, United States Code, is amended— in subsection
(a)by striking sections 101(3) and all that follows through of this title and inserting this title ; and in subsection
(b)by striking sections 101(3) and all that follows through of this title and inserting this title . Section 106(a)(1) of title 11, United States Code, is amended— by striking 722, ; by inserting 1028, after 944, ; and by striking 1231, 1301, 1303, 1305, and 1327 and inserting and 1231 . Section 108 of title 11, United States Code, is amended— in subsection (b), in the matter preceding paragraph (1), by striking or 1301 ; and in subsection (c)— in the matter preceding paragraph (1), by striking 1201 or 1301 and inserting 1009 or 1201 ; and in paragraph (2), by striking section 362, 922, 1201, or 1301 of this title, and inserting section 362, 922, or 1201 of this title, . Section 109 of title 11, United States Code, is amended— in subsection (b)— by redesignating paragraphs (1), (2), and
(3)as paragraphs (2), (3), and (4), respectively; and by inserting before paragraph (2), as so redesignated, the following: an individual; ; by striking subsection (e); by redesignating subsection
(d)as (e); by inserting after subsection
(c)the following: Only an individual that 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. ; in subsection (e), as so redesignated, by striking railroad, a person and inserting railroad, an individual, a person ; by striking subsection
(g)and inserting the following: 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 by striking subsection
(h)and inserting the following: 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— willful failure of the debtor to— abide by orders of the court; or propose a plan required under sections 1021, 1129, or 1225 in good faith and not by any means forbidden by law; willful and substantial default by the debtor with respect to a term of a confirmed plan; a pattern or practice of filing bankruptcy petitions as part of a manifestly improper use of the bankruptcy system; willful failure of the debtor to appear before the court in proper prosecution of the case; or other manifestly improper use of the provisions of this title. The period of ineligibility for a subsequent case— shall extend for 180 days from the date of the entry of the court’s order unless the court orders otherwise; and 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. 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. . Section 1501(c)(2) of title 11, United States Code, is amended by striking 109(e) and inserting 109(d) . 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) . 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 . Chapter 1 of title 11, United States Code, is amended by striking section 111. The table of sections for chapter 1 of title 11, United States Code, is amended by striking the item relating to section 111. Section 303 of title 11, United States Code, is amended— in subsection
(a)by striking chapter 7 or 11 of this title and inserting chapter 7, 10, or 11 of this title ; in subsection
(b)by striking chapter 7 or 11 of this title— and inserting chapter 7, 10, or 11 of this title— ; in subsection (g)— by striking chapter 7 of this title and inserting chapter 7 or 10 of this title ; and by striking section 701 of this title and inserting section 701 or 1003 of this title”; and in subsection (k)(2), by striking the court may enter an order and inserting the court shall enter an order . Subchapter I of chapter 3 of title 11, United States Code, is amended by adding at the end the following: Notwithstanding section 1054(e) of the Consumer Financial Protection Act ( 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. . 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. . 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, . 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 . Section 326(b) of title 11, United States Code, is amended— by striking chapter 12 or 13 of this title, and inserting chapter 10 or 12 of this title, ; and by striking under section 1202(a) or 1302(a) of this title and inserting under section 1001(a) or 1202(a) of this title . Section 329 of title 11, United States Code, is amended— 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 by adding at the end the following: In a case under chapter 10 of this title, no compensation shall be allowed for the debtor’s attorney under this title unless— the agreement between the debtor and the debtor’s attorney providing for compensation— was made not more than 90 days before the date of the filing of the petition; specifies the services provided or to be provided by the debtor’s attorney and the attorney’s related fees and expenses; provides that the debtor will not be requested to pay or be liable for any amounts other than attorneys’ fees and expenses— specified in the agreement; for any adversary proceeding in which the debtor is a party; or for services required by the debtor or the court that the attorney should not have reasonably anticipated at the time of the agreement; 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; and does not include a pre-dispute arbitration agreement or a pre-dispute joint-action waiver with respect to any dispute under the agreement; 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 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— the conditions specified in paragraphs
(1)and
(2)are satisfied; and the enforcement of the agreement would not impose an undue hardship on the debtor or the debtor’s dependents. 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. The bankruptcy court shall have exclusive jurisdiction over any disputes under an agreement that is subject to this section, whether or not the case has been closed. . Section 330 of title 11, United States Code, is amended— 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, ; by redesignating subsections
(c)and
(d)as subsections
(d)and (f), respectively; by striking (b)(1) There and inserting
(b)There ; by striking title $45 and inserting title $75 ; by striking
(2)The Judicial and inserting
(c)The Judicial ; by striking
(A)shall and inserting
(1)shall ; by striking
(B)may and inserting
(2)may ; by striking paid under paragraph (1). and inserting paid under subsection (b). ; 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 ; and by inserting after subsection (d), as so redesignated, the following: 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. . Section 589a(b)(7) of title 28, United States Code, is amended by striking section 330(d) and inserting section 330(f) . Section 341 of title 11, United States Code, is amended— in subsection (c), by striking chapter 7 or 13 and inserting chapter 10 of this title ; in subsection (d)— in the matter preceding paragraph (1), by striking chapter 7 and inserting chapter 10 ; in paragraph (1), by adding and at the end; by striking paragraph (2); by redesignating paragraph
(3)as paragraph (2); in paragraph (2), as so redesignated, by striking ; and and inserting a period; and by striking paragraph (4); and by adding at the end the following: In a case under chapter 10 of this title— the meeting of creditors under subsection
(a)may be convened electronically and allow remote appearances of all parties; the debtor shall not be required to appear in person if it would impose an unreasonable burden on the debtor; and 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 the meeting of creditors under subsection
(a)shall be scheduled at such times to avoid conflict with the debtor’s employment. . Section 342 of title 11, United States Code, is amended— by striking subsections
(b)and (d); by redesignating subsections (c), (e), (f), and
(g)as subsections (b), (c), (d), and (e), respectively; in subsection (c)(1), as so redesignated, by striking chapter 7 or 13 and inserting chapter 10 ; in subsection (d), as so redesignated— in paragraph (1), by striking chapters 7 or 13 and inserting chapter 10 ; and in paragraph (2)— by striking chapter 7 or 13 and inserting chapter 10 ; and by striking subsection
(e)and inserting subsection
(c); and in subsection (e)(2), as so redesignated, by striking section 362(k) and inserting section 362(j) . 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 . Section 348 of title 11, United States Code, is amended— in subsection (b)— 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 ; and 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 ; 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; 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 ; 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 by striking subsection (f). Section 349 of title 11, United States Code, is amended— by striking subsection
(a)and inserting the following: The dismissal of a case shall not— 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 prejudice the debtor with regard to the filing of a subsequent petition, except as provided in subsection
(g)or
(h)of section 109. ; and in subsection (b)(1)(B), by striking or 724(a) of this title, and inserting 724(a), or 1041 of this title, . Section 362 of title 11, United States Code, is amended— in subsection (a)— in paragraph (3), by inserting or to retain after to exercise control over ; in paragraph (7), by striking and at the end; in paragraph (8), by striking the period at the end and inserting ; and ; and by adding at the end the following: 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. ; in subsection (b)— by striking paragraph (22); by redesignating paragraphs (23), (24), (25), (26), (27), and
(28)as paragraphs (22), (23), (24), (25), (26), and (27), respectively; in paragraph (22), as so redesignated, by striking subsection
(m)and inserting subsection
(l); in paragraph (26), as so redesignated, by striking and at the end; in paragraph (27), as so redesignated, by striking the period and inserting ; and ; and by striking the matter following paragraph (27), as so redesignated and inserting the following: 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. ; in subsection (c)— in the matter preceding paragraph (1), by striking (f), and
(h)and inserting and
(f); by striking paragraphs
(2)and
(3)and inserting the following: 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— the time the case is closed; the time the case is dismissed; or if the case is a case under chapter 9, 11, or 12, the time a discharge is granted or denied; in a case under chapter 10, the stay of any other act under subsection
(a)of this section continues until the earliest of— the time the case is closed; the time the case is dismissed; or the time specified in section 1021(e) has expired without the debtor having filed a plan; and ; and 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, ; in subsection (e)(2), by striking chapter 7, 11, or 13 and inserting chapter 10 or 11 ; by striking subsections
(h)and (i); by redesignating subsections
(j)through
(o)as subsections
(h)through
(m)respectively; in subsection (i), as so redesignated— by striking
(1)Except as provided in paragraph (2), an and inserting An ; and by striking paragraph (2); and by adding at the end the following: 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. . Section 1519(f) of title 11, United States Code, is amended by striking section 362(o) and inserting section 362(m) . Section 1521(f) of title 11, United States Code, is amended by striking section 362(o) and inserting section 362(m) . Section 363 of title 11, United States Code, is amended— 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 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 . 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, 1183, 1203, or 1204 of this title, . Section 365 of title 11, United States Code, is amended— 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 ; in subsection (g)— 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 in paragraph (2)— 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 ; 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 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 by striking subsection
(p)and inserting the following: Notwithstanding any provision in a lease or applicable nonbankruptcy law, the following shall apply: 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. Notwithstanding any other provision of this section, the debtor may assume such a lease— without curing any monetary defaults under the lease that aggregate no more than the amount described in clause (iii); and without adequate assurance of future performance. 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. 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. Any monetary defaults on such a lease left uncured shall become claims against the estate in accordance with section 365(g). 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. Any pecuniary loss in accordance with such a non-monetary default shall constitute a claim against the estate in accordance with subsection 365(g). 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. 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. The court— may approve such an assumption if the debtor cures any monetary default within 90 days after the date of assumption; and shall withhold any discharge of the debtor until such cure is made. The debtor’s interest in the lease or property that is the subject of the lease ceases to be property of the estate if— 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 the debtor’s motion to assume the lease is denied. 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. In this subsection, the term lease does not include— an agreement that is a security interest under applicable nonbankruptcy law, irrespective of its form; or a lease the term of which extends beyond the remaining economic life of the property. . 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 . Section 501 of title 11, United States Code, is amended by adding at the end the following: Any creditor that files a claim, 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. 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. 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). The filing of a claim under this title shall not revive any period of limitations under applicable nonbankruptcy law. . Section 502 of title 11, United States Code, is amended— in subsection (b)— 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); in paragraph (2), by striking interest; and inserting interest, including under a prepayment penalty, yield maintenance clause, make-whole clause, or similar contractual provision; ; by redesignating paragraphs
(3)through
(9)as paragraphs
(5)through (11), respectively; by inserting after paragraph
(2)the following: 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; notwithstanding section 506(b), such claim is for a fee incurred under section 1930(b) of title 28; ; in paragraph (10), as so redesignated, by striking or at the end; and in paragraph (11), as so redesignated, by striking may provide, and all that follows and inserting may provide. ; by striking subsection (k); by redesignating subsections (d), (e), (f), (g), (h), (i), and
(j)as subsections (e), (f), (g), (h), (i), (j), and (k), respectively; by inserting after subsection
(c)the following: 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 engaged in inequitable conduct (which shall include a violation of Federal or State law) that harmed the debtor, whether or not the inequitable conduct was connected with the claim or an obligation that gave rise to the claim; or 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. ; in subsection (e), as so redesignated, by striking or 724(a) of this title and inserting 724(a) or 1041 of this title ; 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); 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); in subsection (h), as so redesignated— in paragraph (1)— by striking chapter 9, 11, 12, or 13 and inserting chapter 9, 10, 11, or 12 ; and by striking or disallowed under subsection
(d)or
(e)and inserting or disallowed under subsection (d), (e), or
(f); and in paragraph (2), by striking or disallowed under subsection
(d)or
(e)and inserting or disallowed under subsection (d), (e), or
(f); 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); 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); by adding at the end the following: If a claim that is disallowed under subsection
(b)of this section was filed in bad faith, the court shall grant judgment against the creditor and in favor of the estate for— costs and reasonable attorneys’ fees; and punitive damages, as are necessary to deter future bad faith claim filing by the creditor. A claim filed in bad faith includes a claim that is filed without an actual, reasonable, good faith belief that the debt on which it is based is within the applicable statutory limitations period. Not more than 50 percent of the total amount of any punitive damages awarded to the estate under subparagraph
(A)shall be reserved for the trustee, debtor, or both and shall be exempt from the property of the estate, notwithstanding section 522. If a claim is disallowed under subsection (d), the court shall grant judgment against the creditor and in favor of the estate for costs and reasonable attorneys’ fees. The estate may offset the liability of a creditor under this subsection against any distribution to be made on the claim of the creditor. . 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 . 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 . Section 503(b) of title 11, United States Code, is amended— in the matter preceding paragraph (1), by striking section 502(f) and inserting section 502(g) ; and in paragraph (7), by striking section 502(b)(6) and inserting section 502(b)(8) . 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 . Section 507(a)(3) of title 11, United States Code, is amended by striking section 502(f) and inserting section 502(g) . Section 509(b)(1)(B) of title 11, United States Code, is amended by striking section 502(e) and inserting section 502(f) . Section 544(b)(1) of title 11, United States Code, is amended by striking section 502(e) and inserting section 502(f) . Section 929 of title 11, United States Code, is amended by striking section 502(b)(6) and inserting section 502(b)(8) . Section 1114(j) of title 11, United States Code, is amended by striking section 502(b)(7) and inserting section 502(b)(9) . 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 . 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 . Section 311 of PROMESA ( 48 U.S.C. 2171 ) is amended by striking 502(b)(6) and inserting 502(b)(8) . Section 506 of title 11, United States Code, is amended— in subsection (a), by striking paragraph
(2)and inserting the following: 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. ; 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 in subsection (d), in the matter preceding paragraph
(1)by striking allowed secured claim, and inserting allowed secured claim pursuant to subsection (a), . Section 507(a) of title 11, United States Code, is amended— in paragraph (1)— by striking subparagraph (B); by redesignating subparagraph
(C)as subparagraph (B); and in subparagraph (B), as so redesignated— by striking 701, 702, 703, 1104, 1202, or 1302 and inserting 1001, 1104, or 1202 ; and by striking subparagraphs
(A)and
(B)and inserting subparagraph
(A); and in paragraph (7), by inserting including the purchase of a store gift card, after purchase of services, . 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) . Section 1222(a)(4) of title 11, United States Code, is amended— in paragraph (3), by adding and at the end; by striking paragraph (4); and by redesignating paragraph
(5)as paragraph (4). Section 511 of title 11, United States Code, is amended by adding at the end the following: This section shall not apply in a case under chapter 10 of this title. . Section 521, of title 11, United States Code, is amended by striking subsections
(a)through
(j)and inserting the following: The debtor shall— file— a list of creditors; and unless the court orders otherwise— a schedule of assets and liabilities; a schedule of current income and current expenditures; a statement of the debtor’s financial affairs; 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 if the debtor’s annual income creates or increases the minimum payment obligation as described in clause
(ii)or
(iii)of section 101(54)(B) of this title— a statement of the debtor’s annual income; and the calculations that determine the amount by which the debtor’s annual income creates or increases the minimum payment obligation; 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; appear at the hearing required under section 524(d) of this title; and 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) 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. In a case under chapter 10 of this title: 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 one or more of the following forms: 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. 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. A W–2 form issued by each employer for the tax year preceding the year the petition is filed. Other evidence of payment received within 60 days before the date of the filing of the petition that establishes the debtor’s income. If the debtor’s annual income creates or increases the minimum payment obligation as described in clause
(ii)or
(iii)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 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 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. 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)or
(iii)of section 101(54)(B) of this title. 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 under section 110 of this title may rely on the schedule of current income to determine that— the documentation requirements of subsection (b)(2) do not apply; and the debtor is not required to file the statement of annual income required by subsection (a)(1)(B)(v). In a case under chapter 7 or 11: The debtor shall provide— 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 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. 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 debtors's control. 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. 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. If requested by the United States trustee or by the trustee, the debtor shall provide— 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 such other personal identifying information relating to the debtor that establishes the identity of the debtor. At the request of the court, the trustee, or the United States trustee, a debtor under chapter 10 or 11 who is an individual shall file with the court— 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; 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 a copy of each amendment to any Federal income tax return or transcript filed with the court under paragraph
(1)or (2). 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. 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. . Section 522 of title 11, United States Code, is amended by striking subsections
(a)through
(q)and inserting the following: In this section— 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) ); the term dependent includes spouse, whether or not actually dependent; and the term value means value— as of the date of the filing of the petition; or with respect to property that becomes property of the estate after such date, as of the date such property becomes property of the estate. 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). The property listed in this paragraph is the following: The debtor’s interest in the debtor’s principal residence, not to exceed— 75 percent of the conforming loan limit, if the debtor is age 65 or older on the date of the petition not to exceed not to exceed; and 50 percent of the conforming loan limit in any other case. The debtor’s aggregate interest, unlimited in amount except as provided in subparagraph (B), in the following: Professionally prescribed health aids for the debtor or a dependent of the debtor. The debtor’s right to receive, or property that is traceable to— a social security benefit, railroad retirement benefit, government pension or retirement benefit, unemployment compensation, or a local public assistance benefit; a veterans’ benefit; a disability, illness, or unemployment benefit; alimony, support, or separate maintenance; 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— 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; such payment is on account of age or length of service; and such plan or contract does not qualify under section 401(a), 403(a), 403(b), or 408 of the Internal Revenue Code of 1986; an award under a crime victim’s reparation law; 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; 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; 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; a payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent; 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 a tax credit for earned income under section 32 of the Internal Revenue Code of 1986. The debtor’s interest in any other property up to $30,000 in aggregate value. 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. 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. 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. 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— 25 percent for the first additional dependent; an additional 10 percent for the second additional dependent; an additional 5 percent for the third additional dependent; and an additional 1 percent for each additional dependent beyond the third. 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. 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. 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. The property listed in this paragraph is the following: 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. 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. 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. 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. 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. 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. 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. 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. 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. 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— 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 the debtor owes a debt arising from— any violation of the Federal securities laws (as defined in section 3(a)(47) of the Securities Exchange Act of 1934), any State securities laws, or any regulation or order issued under Federal securities laws or State securities laws; 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 or under section 6 of the Securities Act of 1933; any civil remedy under section 1964 of title 18; for debts arising from a violation of section 1979 of the Revised Statutes ( 42 U.S.C. 1983 ); or 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. 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. 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. If the retirement funds are in a retirement fund or account that has not received a favorable determination under such section 7805, those funds shall be exempt from the estate if the court determines that— no prior determination to the contrary has been made by a court or the Internal Revenue Service; and the retirement fund is in substantial compliance with the applicable requirements of the Internal Revenue Code of 1986; or 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. 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. 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. A distribution described in this clause is an amount that— 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. 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). 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. The nonresidence exemptions in paragraphs (2)(A)(iii) and (3)(A)(iii) shall apply separately with respect to each debtor in a joint case. 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— 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 a debt secured by a lien that is— not avoided under subsection
(e)or
(g)of this section or under section 544, 545, 547, 548, or 549 of this title; and not void under section 506(d) of this title. 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). 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. 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 judicial lien, other than a judicial lien that secures a debt of a kind that is specified in section 523(a)(5); or 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. For the purposes of this subsection, a lien shall be considered to impair an exemption to the extent that the sum of— the lien; all other liens on the property; and 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. 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. This paragraph shall not apply with respect to a judgment arising out of a mortgage foreclosure. 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— such transfer was not a voluntary transfer of such property by the debtor; and the debtor did not conceal such property; or the debtor could have avoided such transfer under subsection (e)(1) of this section. 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— 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 the trustee does not attempt to avoid such transfer. 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). 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. 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). Property that the debtor exempts under this section is not liable for payment of any administrative expense except— 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 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. The debtor shall file a list of property that the debtor claims as exempt under subsection (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. Unless a party in interest objects, the property claimed as exempt on such list is exempt. . Section 349(b)(1)(B) of title 11, United States Code, is amended by striking 522(i)(1), and inserting 522(h)(i), . Subsection
(e)of section 502 of title 11, United States Code, as so redesignated by subsection
(aa)of this section, is amended— by striking section 522(f), 522(h), and inserting section 522(e), 522(g), ; and by striking section 522(i) and inserting section 522(h) . Section 523 of title 11, United States Code, is amended— in subsection (a)— in the matter preceding paragraph (1)— by striking 727, ; and by striking 1328(b) and inserting 1031(a) ; in paragraph (1)(B), in the matter preceding clause (i), by inserting subject to subsection (f), before with respect ; in paragraph (2)— in subparagraph (A), by adding or at the end; in subparagraph (B), by striking or at the end; and by striking subparagraph (C); in paragraph (3)— in subparagraph (A), by striking (4), or
(6)and inserting (4), (6), or
(7); and in subparagraph (B), by striking (4), or
(6)and inserting (4), (6), or
(7); by striking paragraph
(7)and inserting the following: to the extent such debt is for a fine, penalty, or restitution— 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; that is not— for the cost of prosecuting the debtor, including the cost of public defense, incarceration, probation, or any diversion program; for the cost of operating the criminal justice system or funding government functions; for the cost of collecting such debt; or a fee, surcharge, assessment, or interest or collection charge imposed in connection with such debt; and 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— 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— the date of the sentencing order; or the date on which the debtor was released from incarceration pursuant to the sentencing order; or a debt that is a tax penalty— relating to a tax of a kind not specified in paragraph
(1)of this subsection; or imposed with respect to a transaction or event that occurred before 3 years before the date of the filing of the petition; ; by striking paragraph (8); by redesignating paragraph
(9)as paragraph (8); by inserting after paragraph (8), as so redesignated, the following: 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 2020, 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); ; by striking paragraphs
(14)and (14A); by redesignating paragraph
(14B)as paragraph (14); in paragraph (16), by inserting and the debtor or the trustee possesses, occupies, or uses the property after such lot ; by striking paragraph (17); by redesignating paragraph
(18)as paragraph (17); and by striking paragraph
(19)and inserting the following: for debts arising from a violation of section 1979 of the Revised Statutes ( 42 U.S.C. 1983 ). ; in subsection (b), by striking (a)(1), (a)(3), or (a)(8) and inserting (a)(1) or (a)(3) ; in subsection (c), by adding at the end the following: 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— 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 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 by adding at the end the following: For purposes of subparagraph
(B)of subsection (a)(1), a return— must satisfy the requirements of applicable nonbankruptcy law; must have been filed in a manner permitted by applicable nonbankruptcy law regardless of whether it was filed before or after any applicable deadline; 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 does not include a return made pursuant to section 6020(b) of the Internal Revenue Code of 1986, or similar State or local law. . Section 524 of title 11, United States Code, is amended— in subsection (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 2020, or sections 944, 1031, 1141, 1192, or 1228 ; and in paragraph (3), by striking 1192, 1128(a)(1), or 1328(a)(1) and inserting 1031, 1192, or 1228(a), or section 1328(a)(1), as in effect on the day before the date of enactment of the Consumer Bankruptcy Reform Act of 2020 ; in subsection (b)(2)(B), by striking 727 and inserting 1031 ; by striking subsection
(c)and inserting the following: 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 2020, 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). 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). In an action under paragraph (1), the court may award relief consistent with this title if the court finds that a person has— engaged in conduct in violation of this section or of any provision of this title; or engaged in fraudulent, unfair, deceptive, or abusive conduct with respect to the debtor or the case. Subject to paragraph (6), in a successful action under paragraph (1)— the court— shall award to a discharged debtor injured by a violation of subsection (a)— actual damages, including damages for emotional distress; and reasonable costs and attorneys’ fees; and 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— reasonable costs and attorney fees; and a fee equal to 3 times the amount sought to be collected by the person found to be in violation of subsection (a); and the court may award punitive damages, as appropriate. 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. Any punitive damages under this subsection shall be in addition to the compensation set out in section 326. 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. 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). 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. Any pre-dispute arbitration agreement or pre-dispute joint-action waiver regarding an action under paragraph
(1)is voidable by the debtor. ; in subsection (d)— in the matter preceding paragraph (1), by striking 727, 1141, 1192, 1228, or 1328 and inserting 1031, 1141, 1192, or 1228 ; and 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); in subsection (f), by striking
(c)or ; and by striking subsections (k), (l), and
(m)and inserting the following: 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. Any pre-dispute arbitration agreement or pre-dispute joint-action waiver purporting to apply to such an action is void. 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). The debtor’s failure to assert, raise, or plead the discharge shall not be construed to be a waiver against asserting the discharge. . Section 525 of title 11, United States Code, is amended— in subsection (a), by striking solely ; in subsection (b), in the matter preceding paragraph (1)— by inserting deny employment to, following may ; and by striking solely ; and by adding at the end the following: 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. To remedy a violation of this section, a court may— award damages including back pay; grant injunctive or other equitable relief; and award of costs, including attorneys’ fees, to an aggrieved party who prevails. . Section 526 of title 11, United States Code, is repealed. The table of sections for chapter 5 of title 11, United States Code, is amended by striking the item relating to section 526. Section 527 of title 11, United States Code, is repealed. The table of sections for chapter 5 of title 11, United States Code, is amended by striking the item relating to section 527. Section 528 of title 11, United States Code, is repealed. The table of sections for chapter 5 of title 11, United States Code, is amended by striking the item relating to section 528. Section 541 of title 11, United States Code, is amended— in subsection (b)(7)— 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; in subparagraph (A)(i)(III), by adding or at the end; and in subparagraph (B)(i)(III), by adding or at the end; 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 by adding at the end the following: 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. . Section 542 of title 11, United States Code, is amended— in subsection (a)— by striking subsection
(c)or
(d)and inserting subsection (d), (e), or
(f); and 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 ; in subsection (b), by striking subsection
(c)or
(d)and inserting subsection (d), (e), or
(f); by redesignating subsections (c), (d), and
(e)as subsections (e), (f), and (g), respectively; and by adding before subsection (e), as so redesignated, the following: 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. 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. . Section 549(a)(2)(A) of title 11, United States Code, is amended by striking 542(c) and inserting 542(e) . 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 . Section 548 of title 11, United States Code, is amended— in subsection (a)(1), in the matter preceding subparagraph (A), by striking 2 years and inserting 4 years ; in subsection (b)(1), by striking 2 years and inserting 4 years ; in subsection (e)— in paragraph (1)— in the matter preceding subparagraph (A), by striking In addition and inserting Subject to paragraphs
(3)and (4), in addition ; in subparagraph (B), by adding and at the end; in subparagraph (C), by striking ; and and inserting a period; and by striking subparagraph (D); and by adding at the end the following: 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). The trustee may not avoid under paragraph
(1)a transfer that was not made with actual intent to hinder, delay, or defraud. 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. . Section 550 of title 11, United States Code, is amended by adding at the end the following: 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— an applicable nonbankruptcy law that prohibits a transfer made with actual intent to hinder, delay, or defraud a creditor; section 548(a)(1); or section 548(e). . 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 . Section 704 of title 11, United States Code, is amended— in subsection (a)— by striking
(a); by striking paragraphs
(3)and (10); and by redesignating paragraphs (4), (5), (6), (7), (8), (9), (11), and
(12)as paragraphs (3), (4), (5), (6), (7), (8), (9), and (10), respectively; by striking subsection (b); and by striking subsection (c). Section 706 of title 11, United States Code, is amended— in subsection (a)— by striking 11, 12, or 13 and inserting 11 or 12 ; and by striking 1112, 1208, or 1307 and inserting 1112 or 1208 ; and in subsection (c), by striking 12 or 13 and inserting 12 . Section 707 of title 11, United States Code, is amended— in the section heading, by striking ; or conversion to a case under chapter 11 or 13 in subsection (a), by striking
(a)The and inserting The ; by striking subsection (b); and by striking subsection (c). 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. . Section 722 of title 11, United States Code, is repealed. The table of sections for chapter 7 of title 11, United States Code, is amended by striking the item relating to section 722. 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 . Section 727 of title 11, United States Code, is repealed. The table of sections for chapter 7 of title 11, United States Code, is amended by striking the item relating to section 727. Section 1106 of title 11, United States Code, is amended— in subsection (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 in paragraph (5), by striking 12, or 13 and inserting 7, 10, or 12 ; and in subsection (c)(1)(C), by striking clause
(iv)and inserting the following: 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. . Section 1112 of title 11, United States Code, is amended— in subsection (a)— in paragraph (2), by striking or ; in paragraph (3), by striking the period at the end and inserting ; or ; and by adding at the end the following: the debtor is an individual. ; in subsection (b)(1), by inserting in a case in which the debtor is not an individual, after subsection (c), ; in subsection (d), by striking 12 or 13 and insert 10 or 12 ; by redesignating subsection
(f)as subsection (g); and by inserting after subsection (e), the following: 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. . 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 . 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. . 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 . Section 1141(d) of title 11, United States Code, is amended— in paragraph (3)(C)— by striking section 727(a) and inserting section 1031 ; and by striking chapter 7 and inserting chapter 10 ; and in paragraph (5)— in subparagraph (A), by adding and at the end; in subparagraph (B), by striking ; and at the end and inserting a period; and by striking subparagraph (C). Section 1183(b) of title 11, United States Code, is amended— 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 ; in paragraph (5), by striking 704(a)(8) and inserting 704(7) ; and in paragraph (6), by striking 704(c) and inserting 1001(b)(5) . 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 . Section 1202 of title 11, United States Code, is amended— in subsection (b)— 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 in paragraph (5), by striking 704(a)(8) and inserting 704(7) ; and in subsection (c)(1)(C), by striking clause
(iv)and inserting the following: 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. . Section 1208 of title 11, United States Code, is amended— in subsection
(a)by striking 7 of and inserting 7 or 10 of ; and in subsection
(b)by striking or 1112 and inserting , 1005, 1053(c), or 1112 . Section 1228 of title 11, United States Code, is amended by striking subsection (f).
Connectionstraces to 15
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U.S. Code
2 references not yet in our index
  • 12 USC 1502(3)(A)(iv)
  • 15 USC 78c–5(g)
Citation graph
cites case law
Sec. 104
Other amendments to the Bankruptcy Code
U.S.C.§ 5226
U.S.C.§ 5390
U.S.C.§ 1602
U.S.C.§ 1638
U.S.C.§ 1639b
U.S.C.§ 1639c
U.S.C.§ 2716
U.S.C.§ 2194
U.S.C.§ 2163
Cite12 USC 1502(3)(A)(iv)
Cite15 USC 78c–5(g)
Cites 17 · showing 11Cited by 0 across 0 sources
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