S.Amdt. 102
What it does: Rewrites page 14, line 1 through page 16, line 13
Sen. Jeff Bingaman (D-NM)What it changes
1 change to S. 256
Rewrites page 14, line 1 through page 16, line 13
ReplacesPrinted pageRemoves page 14, line 1 through page 16, line 13 of the printed bill. See that page
Inserted: (4) The court, on its own initiative or on the motion of a party in interest may order the debtor to reimburse the trustee for all reasonable costs in prosecuting a motion filed under section 707(b), including reasonable attorneys' fees, if--
Inserted: (A) a trustee files a motion for dismissal or conversion under this subsection; and
Inserted: (B) the court grants such motion.
Inserted: (5)(A) Except as provided in subparagraph (B) and subject to paragraph (6), the court, on its own initiative or on the motion of a party in interest, in accordance with the procedures described in rule 9011 of the Federal Rules of Bankruptcy Procedure, may award a debtor all reasonable costs (including reasonable attorneys' fees) in contesting a motion filed by a party in interest (other than a trustee or United States trustee (or bankruptcy administrator, if any)) under this subsection if--
Inserted: (i) the court does not grant the motion; and
Inserted: (ii) the court finds that--
Inserted: (I) the position of the party that filed the motion violated rule 9011 of the Federal Rules of Bankruptcy Procedure; or
Inserted: (II) the motion was made solely for the purpose of coercing a debtor into waiving a right guaranteed to the debtor under this title.
Original wording
Beginning on page 14, strike line 1 and all that follows through page 16, line 13, and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 102. Mr. BINGAMAN 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; which was ordered to lie on the table; as follows:
Beginning on page 14, strike line 1 and all that follows through page 16, line 13, and insert the following:
“(4) The court, on its own initiative or on the motion of a party in interest may order the debtor to reimburse the trustee for all reasonable costs in prosecuting a motion filed under section 707(b), including reasonable attorneys' fees, if--
“(A) a trustee files a motion for dismissal or conversion under this subsection; and
“(B) the court grants such motion.
“(5)(A) Except as provided in subparagraph (B) and subject to paragraph (6), the court, on its own initiative or on the motion of a party in interest, in accordance with the procedures described in rule 9011 of the Federal Rules of Bankruptcy Procedure, may award a debtor all reasonable costs (including reasonable attorneys' fees) in contesting a motion filed by a party in interest (other than a trustee or United States trustee (or bankruptcy administrator, if any)) under this subsection if--
“(i) the court does not grant the motion; and
“(ii) the court finds that--
“(I) the position of the party that filed the motion violated rule 9011 of the Federal Rules of Bankruptcy Procedure; or
“(II) the motion was made solely for the purpose of coercing a debtor into waiving a right guaranteed to the debtor under this title.
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Senate amendment submitted
March 7, 2005