S.Amdt. 123
What it does: Rewrites page 15, line 18 through page 17, line 6
Sen. Frank R. Lautenberg (D-NJ)What it changes
1 change to S. 256
Rewrites page 15, line 18 through page 17, line 6
ReplacesPrinted pageRemoves page 15, line 18 through page 17, line 6 of the printed bill. See that page
Inserted: (5) 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: (A) the court does not grant the motion; and
Inserted: (B) 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 attorney (if any) who filed the motion did not comply with the requirements of clauses (i) and (ii) of paragraph (4)(C), and 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 15, strike line 18 and all that follows through page 17, line 6, and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 123. Mr. LAUTENBERG 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 15, strike line 18 and all that follows through page 17, line 6, and insert the following:
“(5) 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--
“(A) the court does not grant the motion; and
“(B) 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 attorney (if any) who filed the motion did not comply with the requirements of clauses (i) and (ii) of paragraph (4)(C), and the motion was made solely for the purpose of coercing a debtor into waiving a right guaranteed to the debtor under this title.
Legislative Activity
Stay on top of the latest movement without scrolling through every action
Senate amendment submitted
March 7, 2005