To amend the definition of small business debtor.
What it does: Rewrites page 222, line 23 through page 223, line 21Rewrites page 222, line 23 through page 223, line 21
ReplacesPrinted pageRemoves page 222, line 23 through page 223, line 21 of the printed bill. See that page
Inserted: (A) subject to subparagraph (B), means a person engaged in commercial or business activities (including any affiliate of such person that is also a debtor under this title and excluding a person whose primary activity is the business of owning or operating real property or activities incidental thereto) that has aggregate noncontingent liquidated secured and unsecured debts as of the date of the petition or the date of the order for relief in an amount not more than $1,250,000 (excluding debts owed to 1 or more affiliates or insiders) for a case in which the United States trustee has not appointed under section 1102(a)(1) a committee of unsecured creditors or where the court has determined that the committee of unsecured creditors is not sufficiently active and representative to provide effective oversight of the debtor; and
Inserted: (B) does not include any member of a group of affiliated debtors that has aggregate noncontingent liquidated secured and unsecured debts in an amount greater than $1,250,000 (excluding debt owed to 1 or more affiliates or insiders);
Original wording
Beginning on page 222, strike line 23 and all that follows through page 223, line 21, and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 101. Mr. FEINGOLD submitted an amendment intended to be proposed by him to the bill S. 256, to amend title 11 of the United States Code, and for other purposes; as follows:
Beginning on page 222, strike line 23 and all that follows through page 223, line 21, and insert the following:
“(A) subject to subparagraph (B), means a person engaged in commercial or business activities (including any affiliate of such person that is also a debtor under this title and excluding a person whose primary activity is the business of owning or operating real property or activities incidental thereto) that has aggregate noncontingent liquidated secured and unsecured debts as of the date of the petition or the date of the order for relief in an amount not more than $1,250,000 (excluding debts owed to 1 or more affiliates or insiders) for a case in which the United States trustee has not appointed under section 1102(a)(1) a committee of unsecured creditors or where the court has determined that the committee of unsecured creditors is not sufficiently active and representative to provide effective oversight of the debtor; and
“(B) does not include any member of a group of affiliated debtors that has aggregate noncontingent liquidated secured and unsecured debts in an amount greater than $1,250,000 (excluding debt owed to 1 or more affiliates or insiders);”.
Legislative Activity
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Considered by Senate. (consideration: CR S2307, S2342)
March 9, 2005
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Considered by Senate. (consideration: CR S2307, S2342)
March 9, 2005
Proposed amendment SA 101 withdrawn in Senate.
March 9, 2005
Considered by Senate. (consideration: CR S2200)
March 8, 2005
Senate amendment submitted
March 7, 2005
Senate amendment proposed (on the floor): Amendment SA 101 proposed by Senator Feingold.
March 7, 2005
Amendment SA 101 proposed by Senator Feingold. (consideration: CR S2134-2138; text: CR S2138) To amend the definition of small business debtor.
March 7, 2005