S.Amdt. 30Senate109th Congress (2005-2007)

S.Amdt. 30

What it does: Rewrites page 213, lines 1–7
Submitted March 2, 2005

What it changes

1 change to S. 256

Replaces text
  1. Rewrites page 213, lines 1–7

    ReplacesPrinted page

    Removes page 213, lines 1–7 of the printed bill. See that page

    Inserted: SEC. 410. VENUE OF CERTAIN PROCEEDINGS.

    Inserted: (a) Cure or Waiver of Defects.--Section 1406(c) of title 28, United States Code, is amended to read as follows:

    Inserted: "(c) As used in this section--

    Inserted: "(1) the term 'district court'--

    Inserted: "(A) includes the District Court of Guam, the District Court of the Northern Mariana Islands, and the District Court of the Virgin Islands; and

    Inserted: "(B) with regard to cases pending before a bankruptcy court, includes a bankruptcy court; and

    Inserted: "(2) the term 'district' includes the territorial jurisdiction of each district court.".

    Inserted: (b) Venue in Bankruptcy Cases.--Section 1408 of title 28, United States Code, is amended--

    Inserted: (1) by inserting "(a)" before "Except";

    Inserted: (2) in paragraph (1), by striking "or" at the end; and

    Inserted: (3) by striking paragraph (2) and inserting the following:

    Inserted: "(2) in which a case under title 11 concerning the controlling corporation is pending, if--

    Show 11 more inserted paragraphs

    Inserted: "(A) the debtor is controlled by another corporation;

    Inserted: "(B) within the 730 days before the date of the debtor's filing under title 11, the financial statements of the debtor have been consolidated with those of the controlling corporation in 1 or more reports filed under section 13 or 15(d) of the Securities Exchange Act of 1934; and

    Inserted: "(C) the controlling corporation is a debtor in a proceeding under title 11; or

    Inserted: "(3) in which a case under title 11 concerning the controlling corporation is pending, if--

    Inserted: "(A) the debtor is a corporation other than a corporation described in paragraph (2);

    Inserted: "(B) the debtor has been controlled by another corporation for not less than 365 days before the date of the filing of the debtor's petition under title 11; and

    Inserted: "(C) the controlling corporation is a debtor in a proceeding under title 11.

    Inserted: "(b) For purposes of subsection (a)--

    Inserted: "(1) if the debtor is a corporation, the domicile and residence of the debtor are located where the debtor's principal place of business is located; and

    Inserted: "(2) the term 'control' has the meaning given that term in section 2 of the Bank Holding Company Act of 1956 (12 U.S.C. 1841).".

    Inserted: (c) Venue in Bankruptcy Related Cases.--Section 1409(b) of title 28, United States Code, is amended by striking "or a consumer debtor of less than $5,000" and inserting ", a consumer debt of less than $15,000, or a debt (excluding a consumer debt) against a noninsider of less than $10,000,".

    Original wording

    On page 213, strike lines 1 through 7, and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 30. Mr. CORNYN 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:

On page 213, strike lines 1 through 7, and insert the following:

SEC. 410. VENUE OF CERTAIN PROCEEDINGS.

(a) Cure or Waiver of Defects.--Section 1406(c) of title 28, United States Code, is amended to read as follows:

“(c) As used in this section--

“(1) the term ‘district court'--

“(A) includes the District Court of Guam, the District Court of the Northern Mariana Islands, and the District Court of the Virgin Islands; and

“(B) with regard to cases pending before a bankruptcy court, includes a bankruptcy court; and

“(2) the term ‘district' includes the territorial jurisdiction of each district court.”.

(b) Venue in Bankruptcy Cases.--Section 1408 of title 28, United States Code, is amended--

(1) by inserting “(a)” before “Except”;

(2) in paragraph (1), by striking “or” at the end; and

(3) by striking paragraph (2) and inserting the following:

“(2) in which a case under title 11 concerning the controlling corporation is pending, if--

“(A) the debtor is controlled by another corporation;

“(B) within the 730 days before the date of the debtor's filing under title 11, the financial statements of the debtor have been consolidated with those of the controlling corporation in 1 or more reports filed under section 13 or 15(d) of the Securities Exchange Act of 1934; and

“(C) the controlling corporation is a debtor in a proceeding under title 11; or

“(3) in which a case under title 11 concerning the controlling corporation is pending, if--

“(A) the debtor is a corporation other than a corporation described in paragraph (2);

“(B) the debtor has been controlled by another corporation for not less than 365 days before the date of the filing of the debtor's petition under title 11; and

“(C) the controlling corporation is a debtor in a proceeding under title 11.

“(b) For purposes of subsection (a)--

“(1) if the debtor is a corporation, the domicile and residence of the debtor are located where the debtor's principal place of business is located; and

“(2) the term ‘control' has the meaning given that term in section 2 of the Bank Holding Company Act of 1956 (12 U.S.C. 1841).”.

(c) Venue in Bankruptcy Related Cases.--Section 1409(b) of title 28, United States Code, is amended by striking “or a consumer debtor of less than $5,000” and inserting “, a consumer debt of less than $15,000, or a debt (excluding a consumer debt) against a noninsider of less than $10,000,”.

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Senate amendment submitted

March 2, 2005