S 625 IS

106th CONGRESS

1st Session

S. 625

To amend title 11, United States Code, and for other purposes.

IN THE SENATE OF THE UNITED STATES

March 16, 1999

Mr. GRASSLEY (for himself, Mr. TORRICELLI, Mr. BIDEN, and Mr. SESSIONS) introduced the following bill; which was read twice and referred to the Committee on the Judiciary


A BILL

To amend title 11, United States Code, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

TITLE I--NEEDS-BASED BANKRUPTCY

TITLE II--ENHANCED CONSUMER PROTECTION

Subtitle A--Penalties for Abusive Creditor Practices

Subtitle B--Priority Child Support

Subtitle C--Other Consumer Protections

TITLE III--DISCOURAGING BANKRUPTCY ABUSE

TITLE IV--GENERAL AND SMALL BUSINESS BANKRUPTCY PROVISIONS

Subtitle A--General Business Bankruptcy Provisions

Subtitle B--Small Business Bankruptcy Provisions

TITLE V--MUNICIPAL BANKRUPTCY PROVISIONS

TITLE VI--IMPROVED BANKRUPTCY STATISTICS AND DATA

TITLE VII--BANKRUPTCY TAX PROVISIONS

TITLE VIII--ANCILLARY AND OTHER CROSS-BORDER CASES

TITLE IX--FINANCIAL CONTRACT PROVISIONS

TITLE X--PROTECTION OF FAMILY FARMERS

TITLE XI--HEALTH CARE AND EMPLOYEE BENEFITS

TITLE XII--TECHNICAL AMENDMENTS

TITLE XIII--GENERAL EFFECTIVE DATE; APPLICATION OF AMENDMENTS

TITLE I--NEEDS-BASED BANKRUPTCY

SEC. 101. CONVERSION.

SEC. 102. DISMISSAL OR CONVERSION.

`Sec. 707. Dismissal of a case or conversion to a case under chapter 13';

SEC. 103. NOTICE OF ALTERNATIVES.

SEC. 104. DEBTOR FINANCIAL MANAGEMENT TRAINING TEST PROGRAM.

representative of consumer education programs carried out by--

SEC. 105. CREDIT COUNSELING.

`Sec. 111. Credit counseling services; financial management instructional courses

TITLE II--ENHANCED CONSUMER PROTECTION

Subtitle A--Penalties for Abusive Creditor Practices

SEC. 201. PROMOTION OF ALTERNATIVE DISPUTE RESOLUTION.

SEC. 202. EFFECT OF DISCHARGE.

SEC. 203. VIOLATIONS OF THE AUTOMATIC STAY.

SEC. 204. DISCOURAGING ABUSE OF REAFFIRMATION PRACTICES.

`Sec. 158. Designation of United States attorneys and agents of the Federal Bureau of Investigation to address abusive reaffirmations of debt

Subtitle B--Priority Child Support

SEC. 211. PRIORITIES FOR CLAIMS FOR DOMESTIC SUPPORT OBLIGATIONS.

SEC. 212. REQUIREMENTS TO OBTAIN CONFIRMATION AND DISCHARGE IN CASES INVOLVING DOMESTIC SUPPORT OBLIGATIONS.

SEC. 213. EXCEPTIONS TO AUTOMATIC STAY IN DOMESTIC SUPPORT OBLIGATION PROCEEDINGS.

SEC. 214. NONDISCHARGEABILITY OF CERTAIN DEBTS FOR ALIMONY, MAINTENANCE, AND SUPPORT.

SEC. 215. CONTINUED LIABILITY OF PROPERTY.

SEC. 216. PROTECTION OF DOMESTIC SUPPORT CLAIMS AGAINST PREFERENTIAL TRANSFER MOTIONS.

SEC. 217. AMENDMENT TO SECTION 1325 OF TITLE 11, UNITED STATES CODE.

SEC. 218. DEFINITION OF DOMESTIC SUPPORT OBLIGATION.

SEC. 219. COLLECTION OF CHILD SUPPORT.

Subtitle C--Other Consumer Protections

SEC. 221. DEFINITIONS.

SEC. 222. DISCLOSURES.

`Sec. 526. Disclosures

SEC. 223. DEBTOR'S BILL OF RIGHTS.

`Sec. 527. Debtor's bill of rights

SEC. 224. ENFORCEMENT.

`Sec. 528. Debt relief agency enforcement

SEC. 225. SENSE OF CONGRESS.

SEC. 226. ADDITIONAL AMENDMENTS TO TITLE 11, UNITED STATES CODE.

TITLE III--DISCOURAGING BANKRUPTCY ABUSE

SEC. 301. REINFORCEMENT OF THE FRESH START.

SEC. 302. DISCOURAGING BAD FAITH REPEAT FILINGS.

`(aa) file or amend the petition or other documents as required by this title or the court without substantial excuse (but mere inadvertence or negligence shall not be a substantial excuse unless the dismissal was caused by the negligence of the debtor's attorney);

`(bb) provide adequate protection as ordered by the court; or

`(cc) perform the terms of a plan confirmed by the court; or

`(aa) if a case under chapter 7 of this title, with a discharge; or

`(bb) if a case under chapter 11 or 13 of this title, with a confirmed plan which will be fully performed; and

SEC. 303. CURBING ABUSIVE FILINGS.

SEC. 304. DEBTOR RETENTION OF PERSONAL PROPERTY SECURITY.

SEC. 305. RELIEF FROM THE AUTOMATIC STAY WHEN THE DEBTOR DOES NOT COMPLETE INTENDED SURRENDER OF CONSUMER DEBT COLLATERAL.

SEC. 306. GIVING SECURED CREDITORS FAIR TREATMENT IN CHAPTER 13.

SEC. 307. EXEMPTIONS.

SEC. 308. RESIDENCY REQUIREMENT FOR HOMESTEAD EXEMPTION.

SEC. 309. PROTECTING SECURED CREDITORS IN CHAPTER 13 CASES.

`Sec. 1308. Adequate protection in chapter 13 cases

SEC. 310. LIMITATION ON LUXURY GOODS.

SEC. 311. AUTOMATIC STAY.

SEC. 312. EXTENSION OF PERIOD BETWEEN BANKRUPTCY DISCHARGES.

SEC. 313. DEFINITION OF HOUSEHOLD GOODS AND ANTIQUES.

SEC. 314. DEBT INCURRED TO PAY NONDISCHARGEABLE DEBTS.

SEC. 315. GIVING CREDITORS FAIR NOTICE IN CHAPTERS 7 AND 13 CASES.

SEC. 316. DISMISSAL FOR FAILURE TO TIMELY FILE SCHEDULES OR PROVIDE REQUIRED INFORMATION.

SEC. 317. ADEQUATE TIME TO PREPARE FOR HEARING ON CONFIRMATION OF THE PLAN.

`Sec. 1321. Filing of plan

SEC. 318. CHAPTER 13 PLANS TO HAVE A 5-YEAR DURATION IN CERTAIN CASES.

SEC. 319. SENSE OF THE CONGRESS REGARDING EXPANSION OF RULE 9011 OF THE FEDERAL RULES OF BANKRUPTCY PROCEDURE.

SEC. 320. PROMPT RELIEF FROM STAY IN INDIVIDUAL CASES.

TITLE IV--GENERAL AND SMALL BUSINESS BANKRUPTCY PROVISIONS

Subtitle A--General Business Bankruptcy Provisions

SEC. 401. ROLLING STOCK EQUIPMENT.

`Sec. 1168. Rolling stock equipment

`Sec. 1110. Aircraft equipment and vessels

SEC. 402. ADEQUATE PROTECTION FOR INVESTORS.

SEC. 403. MEETINGS OF CREDITORS AND EQUITY SECURITY HOLDERS.

SEC. 404. PROTECTION OF REFINANCE OF SECURITY INTEREST.

SEC. 405. EXECUTORY CONTRACTS AND UNEXPIRED LEASES.

SEC. 406. CREDITORS AND EQUITY SECURITY HOLDERS COMMITTEES.

SEC. 407. AMENDMENT TO SECTION 546 OF TITLE 11, UNITED STATES CODE.

SEC. 408. LIMITATION.

SEC. 409. AMENDMENT TO SECTION 330(a) OF TITLE 11, UNITED STATES CODE.

SEC. 410. POSTPETITION DISCLOSURE AND SOLICITATION.

SEC. 411. PREFERENCES.

SEC. 412. VENUE OF CERTAIN PROCEEDINGS.

SEC. 413. PERIOD FOR FILING PLAN UNDER CHAPTER 11.

SEC. 414. FEES ARISING FROM CERTAIN OWNERSHIP INTERESTS.

SEC. 415. CREDITOR REPRESENTATION AT FIRST MEETING OF CREDITORS.

SEC. 416. ELIMINATION OF CERTAIN FEES PAYABLE IN CHAPTER 11 BANKRUPTCY CASES.

SEC. 417. DEFINITION OF DISINTERESTED PERSON.

SEC. 418. FACTORS FOR COMPENSATION OF PROFESSIONAL PERSONS.

SEC. 419. APPOINTMENT OF ELECTED TRUSTEE.

Subtitle B--Small Business Bankruptcy Provisions

SEC. 421. FLEXIBLE RULES FOR DISCLOSURE STATEMENT AND PLAN.

SEC. 422. DEFINITIONS; EFFECT OF DISCHARGE.

SEC. 423. STANDARD FORM DISCLOSURE STATEMENT AND PLAN.

SEC. 424. UNIFORM NATIONAL REPORTING REQUIREMENTS.

`Sec. 308. Debtor reporting requirements

SEC. 425. UNIFORM REPORTING RULES AND FORMS FOR SMALL BUSINESS CASES.

SEC. 426. DUTIES IN SMALL BUSINESS CASES.

`Sec. 1115. Duties of trustee or debtor in possession in small business cases

hearing, upon a finding of extraordinary and compelling circumstances;

SEC. 427. PLAN FILING AND CONFIRMATION DEADLINES.

SEC. 428. PLAN CONFIRMATION DEADLINE.

SEC. 429. PROHIBITION AGAINST EXTENSION OF TIME.

SEC. 430. DUTIES OF THE UNITED STATES TRUSTEE.

SEC. 431. SCHEDULING CONFERENCES.

SEC. 432. SERIAL FILER PROVISIONS.

SEC. 433. EXPANDED GROUNDS FOR DISMISSAL OR CONVERSION AND APPOINTMENT OF TRUSTEE.

SEC. 434. STUDY OF OPERATION OF TITLE 11, UNITED STATES CODE, WITH RESPECT TO SMALL BUSINESSES.

SEC. 435. PAYMENT OF INTEREST.

TITLE V--MUNICIPAL BANKRUPTCY PROVISIONS

SEC. 501. PETITION AND PROCEEDINGS RELATED TO PETITION.

SEC. 502. APPLICABILITY OF OTHER SECTIONS TO CHAPTER 9.

TITLE VI--IMPROVED BANKRUPTCY STATISTICS AND DATA

SEC. 601. AUDIT PROCEDURES.

SEC. 602. IMPROVED BANKRUPTCY STATISTICS.

`Sec. 159. Bankruptcy statistics

SEC. 603. UNIFORM RULES FOR THE COLLECTION OF BANKRUPTCY DATA.

`Sec. 589b. Bankruptcy data

SEC. 604. SENSE OF CONGRESS REGARDING AVAILABILITY OF BANKRUPTCY DATA.

TITLE VII--BANKRUPTCY TAX PROVISIONS

SEC. 701. TREATMENT OF CERTAIN LIENS.

SEC. 702. EFFECTIVE NOTICE TO GOVERNMENT.

SEC. 703. NOTICE OF REQUEST FOR A DETERMINATION OF TAXES.

SEC. 704. RATE OF INTEREST ON TAX CLAIMS.

`Sec. 511. Rate of interest on tax claims

SEC. 705. TOLLING OF PRIORITY OF TAX CLAIM TIME PERIODS.

`(aa) any time during which an installment agreement with respect to that tax was pending or in effect during that 240-day period, plus 30 days; or

`(bb) 1 year; and

SEC. 706. PRIORITY PROPERTY TAXES INCURRED.

SEC. 707. CHAPTER 13 DISCHARGE OF FRAUDULENT AND OTHER TAXES.

SEC. 708. CHAPTER 11 DISCHARGE OF FRAUDULENT TAXES.

SEC. 709. STAY OF TAX PROCEEDINGS.

SEC. 710. PERIODIC PAYMENT OF TAXES IN CHAPTER 11 CASES.

SEC. 711. AVOIDANCE OF STATUTORY TAX LIENS PROHIBITED.

SEC. 712. PAYMENT OF TAXES IN THE CONDUCT OF BUSINESS.

SEC. 713. TARDILY FILED PRIORITY TAX CLAIMS.

SEC. 714. INCOME TAX RETURNS PREPARED BY TAX AUTHORITIES.

SEC. 715. DISCHARGE OF THE ESTATE'S LIABILITY FOR UNPAID TAXES.

SEC. 716. REQUIREMENT TO FILE TAX RETURNS TO CONFIRM CHAPTER 13 PLANS.

`Sec. 1309. Filing of prepetition tax returns

SEC. 717. STANDARDS FOR TAX DISCLOSURE.

SEC. 718. SETOFF OF TAX REFUNDS.

TITLE VIII--ANCILLARY AND OTHER CROSS-BORDER CASES

SEC. 801. AMENDMENT TO ADD CHAPTER 15 TO TITLE 11, UNITED STATES CODE.

`CHAPTER 15--ANCILLARY AND OTHER CROSS-BORDER CASES

`Sec.

`SUBCHAPTER I--GENERAL PROVISIONS

`SUBCHAPTER II--ACCESS OF FOREIGN REPRESENTATIVES AND CREDITORS TO THE COURT

`SUBCHAPTER III--RECOGNITION OF A FOREIGN PROCEEDING AND RELIEF

`SUBCHAPTER IV--COOPERATION WITH FOREIGN COURTS AND FOREIGN REPRESENTATIVES

`SUBCHAPTER V--CONCURRENT PROCEEDINGS

`Sec. 1501. Purpose and scope of application

`SUBCHAPTER I--GENERAL PROVISIONS

`Sec. 1502. Definitions

`Sec. 1503. International obligations of the United States

`Sec. 1504. Commencement of ancillary case

`Sec. 1505. Authorization to act in a foreign country

`Sec. 1506. Public policy exception

`Sec. 1507. Additional assistance

`Sec. 1508. Interpretation

`SUBCHAPTER II--ACCESS OF FOREIGN REPRESENTATIVES AND CREDITORS TO THE COURT

`Sec. 1509. Right of direct access

`Sec. 1510. Limited jurisdiction

`Sec. 1511. Commencement of case under section 301 or 303

`Sec. 1512. Participation of a foreign representative in a case under this title

`Sec. 1513. Access of foreign creditors to a case under this title

`Sec. 1514. Notification to foreign creditors concerning a case under this title

`SUBCHAPTER III--RECOGNITION OF A FOREIGN PROCEEDING AND RELIEF

`Sec. 1515. Application for recognition of a foreign proceeding

`Sec. 1516. Presumptions concerning recognition

`Sec. 1517. Order recognizing a foreign proceeding

`Sec. 1518. Subsequent information

`Sec. 1519. Relief that may be granted upon petition for recognition of a foreign proceeding

`Sec. 1520. Effects of recognition of a foreign main proceeding

`Sec. 1521. Relief that may be granted upon recognition of a foreign proceeding

`Sec. 1522. Protection of creditors and other interested persons

`Sec. 1523. Actions to avoid acts detrimental to creditors

`Sec. 1524. Intervention by a foreign representative

`SUBCHAPTER IV--COOPERATION WITH FOREIGN COURTS AND FOREIGN REPRESENTATIVES

`Sec. 1525. Cooperation and direct communication between the court and foreign courts or foreign representatives

`Sec. 1526. Cooperation and direct communication between the trustee and foreign courts or foreign representatives

`Sec. 1527. Forms of cooperation

`SUBCHAPTER V--CONCURRENT PROCEEDINGS

`Sec. 1528. Commencement of a case under this title after recognition of a foreign main proceeding

`Sec. 1529. Coordination of a case under this title and a foreign proceeding

`Sec. 1530. Coordination of more than 1 foreign proceeding

`Sec. 1531. Presumption of insolvency based on recognition of a foreign main proceeding

`Sec. 1532. Rule of payment in concurrent proceedings

1501'.

SEC. 802. AMENDMENTS TO OTHER CHAPTERS IN TITLE 11, UNITED STATES CODE.

SEC. 803. CLAIMS RELATING TO INSURANCE DEPOSITS IN CASES ANCILLARY TO FOREIGN PROCEEDINGS.

`Sec. 304. Cases ancillary to foreign proceedings

TITLE IX--FINANCIAL CONTRACT PROVISIONS

SEC. 901. BANKRUPTCY CODE AMENDMENTS.

that is referred to in subparagraph (A), (B) or (C); or

a master netting agreement only with respect to those agreements or transactions that are described in any 1 or more of the paragraphs (1) through (5) of section 561(a);

`Sec. 555. Contractual right to liquidate, terminate, or accelerate a securities contract';

`Sec. 556. Contractual right to liquidate, terminate, or accelerate a commodities contract or forward contract';

`Sec. 559. Contractual right to liquidate, terminate, or accelerate a repurchase agreement';

`Sec. 560. Contractual right to liquidate, terminate, or accelerate a swap agreement';

`Sec. 561. Contractual right to terminate, liquidate, accelerate, or offset under a master netting agreement and across contracts

`Sec. 767. Commodity broker liquidation and forward contract merchants, commodity brokers, stockbrokers, financial institutions, securities clearing agencies, swap participants, repo participants, and master netting agreement participants

`Sec. 753. Stockbroker liquidation and forward contract merchants, commodity brokers, stockbrokers, financial institutions, securities clearing agencies, swap participants, repo participants, and master netting agreement participants

SEC. 902. DAMAGE MEASURE.

`Sec. 562. Damage measure in connection with swap agreements, securities contracts, forward contracts, commodity contracts, repurchase agreements, or master netting agreements

SEC. 903. ASSET-BACKED SECURITIZATIONS.

SEC. 904. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

TITLE X--PROTECTION OF FAMILY FARMERS

SEC. 1001. REENACTMENT OF CHAPTER 12.

SEC. 1002. DEBT LIMIT INCREASE.

SEC. 1003. ELIMINATION OF REQUIREMENT THAT FAMILY FARMER AND SPOUSE RECEIVE OVER 50 PERCENT OF INCOME FROM FARMING OPERATION IN YEAR PRIOR TO BANKRUPTCY.

SEC. 1004. CERTAIN CLAIMS OWED TO GOVERNMENTAL UNITS.

TITLE XI--HEALTH CARE AND EMPLOYEE BENEFITS

SEC. 1101. DEFINITIONS.

SEC. 1102. DISPOSAL OF PATIENT RECORDS.

`Sec. 351. Disposal of patient records

sufficient amount of funds to pay for the storage of patient records in the manner required under applicable Federal or State law, the following requirements shall apply:

SEC. 1103. ADMINISTRATIVE EXPENSE CLAIM FOR COSTS OF CLOSING A HEALTH CARE BUSINESS.

SEC. 1104. APPOINTMENT OF OMBUDSMAN TO ACT AS PATIENT ADVOCATE.

`Sec. 332. Appointment of ombudsman

SEC. 1105. DEBTOR IN POSSESSION; DUTY OF TRUSTEE TO TRANSFER PATIENTS.

TITLE XII--TECHNICAL AMENDMENTS

SEC. 1201. DEFINITIONS.

SEC. 1202. ADJUSTMENT OF DOLLAR AMOUNTS.

SEC. 1203. EXTENSION OF TIME.

SEC. 1204. TECHNICAL AMENDMENTS.

SEC. 1205. PENALTY FOR PERSONS WHO NEGLIGENTLY OR FRAUDULENTLY PREPARE BANKRUPTCY PETITIONS.

SEC. 1206. LIMITATION ON COMPENSATION OF PROFESSIONAL PERSONS.

SEC. 1207. SPECIAL TAX PROVISIONS.

SEC. 1208. EFFECT OF CONVERSION.

SEC. 1209. ALLOWANCE OF ADMINISTRATIVE EXPENSES.

SEC. 1210. PRIORITIES.

SEC. 1211. EXEMPTIONS.

SEC. 1212. EXCEPTIONS TO DISCHARGE.

SEC. 1213. EFFECT OF DISCHARGE.

SEC. 1214. PROTECTION AGAINST DISCRIMINATORY TREATMENT.

SEC. 1215. PROPERTY OF THE ESTATE.

SEC. 1216. PREFERENCES.

SEC. 1217. POSTPETITION TRANSACTIONS.

SEC. 1218. DISPOSITION OF PROPERTY OF THE ESTATE.

SEC. 1219. GENERAL PROVISIONS.

SEC. 1220. ABANDONMENT OF RAILROAD LINE.

SEC. 1221. CONTENTS OF PLAN.

SEC. 1222. DISCHARGE UNDER CHAPTER 12.

SEC. 1223. BANKRUPTCY CASES AND PROCEEDINGS.

SEC. 1224. KNOWING DISREGARD OF BANKRUPTCY LAW OR RULE.

SEC. 1225. TRANSFERS MADE BY NONPROFIT CHARITABLE CORPORATIONS.

SEC. 1226. PROTECTION OF VALID PURCHASE MONEY SECURITY INTERESTS.

SEC. 1227. EXTENSIONS.

SEC. 1228. BANKRUPTCY JUDGESHIPS.

TITLE XIII--GENERAL EFFECTIVE DATE; APPLICATION OF AMENDMENTS

SEC. 1301. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

END