To amend certain provisions regarding attorney actions on behalf of debtors, and for other purposes.
What it does: 13 changes: replaces text in 7 places, inserts text in 3 places, strikes text in 3 places
Sen. Jeff Bingaman (D-NM)What it changes
13 changes to S. 256 · 4 shown in the bill's text
Change 1: Rewrites page 14, lines 2–4
ReplacesPrinted pageRemoves page 14, lines 2–4 of the printed bill. See that page
Inserted: tion of a party in interest, may order the
Original wording
On page 14, strike line 2 and all that follows through line 4 and insert the following: “tion of a party in interest, may order the”.
Change 2: Inserts “and reasonable trustee fees based upon the trustee's time in prosecuting the motion,” after “fees,”
In S. 256 · Reported to Senate
"(B) the totality of the circumstances (including whether the debtor seeks to reject a personal services contract and the financial need for such rejection as sought by the debtor) of the debtor's financial situation demonstrates abuse.
"(4)(A) 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 order the attorney for the debtor to reimburse the trustee for all reasonable costs in prosecuting a motion filed under section 707(b), including reasonable attorneys' fees, [inserted: and reasonable trustee fees based upon the trustee's time in prosecuting the motion, ]if--
"(i) a trustee files a motion for dismissal or conversion under this subsection; and
Original wording
On page 14, line 7, insert “and reasonable trustee fees based upon the trustee's time in prosecuting the motion,” after “fees,”.
Change 3: Rewrites page 14, line 10 through page 15, line 17
ReplacesPrinted pageRemoves page 14, line 10 through page 15, line 17 of the printed bill. See that page
Inserted: (ii) the court grants such motion.
Inserted: (B) Any costs and fees awarded under subparagraph (A) shall have the administrative priority described in section 507(a)(2) of this title, and such costs and fees shall be excepted from the discharge described in section 727 of this title in the current or any successor cases filed under this title.
Original wording
Beginning on page 14, strike line 10 and all that follows through page 15, line 17, and insert the following:
Change 4: Rewrites page 16, lines 8–10
ReplacesPrinted pageRemoves page 16, lines 8–10 of the printed bill. See that page
Inserted: the
Original wording
On page 16, strike line 8 and all that follows through line 10 and insert the following: “the”.
Change 5: Inserts new text on page 28, between lines 17 and 18
InsertsPrinted pageInserted: (l) Additional Ground of Nondischargeability.--Section 523(a) of title 11, United States Code, is amended by inserting after paragraph (18) the following:
Inserted: "(18A) for costs or fees imposed by a bankruptcy court under section 707(b)(4) of this title, whether imposed in the current case or a prior case filed under this title.".
Original wording
On page 28, between lines 17 and 18, insert the following:
Change 6: Replaces “(k)” with “(m)”
[struck: (k)][inserted: (m)]Original wording
On page 28, line 18, strike “(k)” and insert “(m)”.
Change 7: Rewrites page 59, lines 16–17
ReplacesPrinted pageRemoves page 59, lines 16–17 of the printed bill. See that page
Inserted: (5) The declaration shall consist of the following certification:
Original wording
On page 59, strike lines 16 and 17 and insert the following:
Change 8: Strikes page 60, lines 4–10
StrikesPrinted pageRemoves page 60, lines 4–10 of the printed bill. See that page
Original wording
On page 60, strike line 4 and all that follows through line 10.
Change 9: Replaces “EXPANSION” with “ENFORCEMENT”
In S. 256 · Reported to Senate
(4) in section 1329(c), by striking "three years" and inserting "the applicable commitment period under section 1325(b)(1)(B)".
SEC. 319. SENSE OF CONGRESS REGARDING
[struck: EXPANSION][inserted: ENFORCEMENT] OF RULE 9011 OF THE FEDERAL RULES OF BANKRUPTCY PROCEDURE.It is the sense of Congress that rule 9011 of the Federal Rules of Bankruptcy Procedure (11 U.S.C. App.) should be modified to include a requirement that all documents (including schedules), signed and unsigned, submitted to the court or to a trustee by debtors who represent themselves and debtors who are represented by attorneys be submitted only after the debtors or the debtors' attorneys have made reasonable inquiry to verify that the information contained in such documents is--
Original wording
On page 182, line 4, strike “EXPANSION” and insert “ENFORCEMENT”.
Change 10: Inserts “fraud and abuse exist in the bankruptcy system and that in order to curb this fraud and a…” after “that”
…that[inserted: fraud and abuse exist in the bankruptcy system and that in order to curb this fraud and abuse, Federal bankruptcy courts should vigorously enforce]…
Original wording
On page 182, line 7, insert “ fraud and abuse exist in the bankruptcy system and that in order to curb this fraud and abuse, Federal bankruptcy courts should vigorously enforce” after “that”.
Change 11: Replaces “App.)” with “App.).”
In S. 256 · Reported to Senate
SEC. 319. SENSE OF CONGRESS REGARDING EXPANSION OF RULE 9011 OF THE FEDERAL RULES OF BANKRUPTCY PROCEDURE.
It is the sense of Congress that rule 9011 of the Federal Rules of Bankruptcy Procedure (11 U.S.C. App.)[inserted: .] should be modified to include a requirement that all documents (including schedules), signed and unsigned, submitted to the court or to a trustee by debtors who represent themselves and debtors who are represented by attorneys be submitted only after the debtors or the debtors' attorneys have made reasonable inquiry to verify that the information contained in such documents is--
(1) well grounded in fact; and
Original wording
On page 182, line 8, strike “App.)” and insert “App.).”
Change 12: Strikes page 182, lines 9–19
StrikesPrinted pageRemoves page 182, lines 9–19 of the printed bill. See that page
Original wording
On page 182, strike line 9 and all that follows through line 19.
Change 13: Strikes “, even if such amount has been discharged in a prior case under this title”
In S. 256 · Reported to Senate
"(d) Notwithstanding any other provision of this title--
"(1) compensation referred to in subsection (b)(3) is payable and may be collected by the trustee under that paragraph
[struck: , even if such amount has been discharged in a prior case under this title]; and"(2) such compensation is payable in a case under this chapter only to the extent permitted by subsection (b)(3).".
Original wording
On page 459, lines 24 and 25, strike “, even if such amount has been discharged in a prior case under this title”.
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
On page 14, strike line 2 and all that follows through line 4 and insert the following: “tion of a party in interest, may order the”.
On page 14, line 7, insert “and reasonable trustee fees based upon the trustee's time in prosecuting the motion,” after “fees,”.
Beginning on page 14, strike line 10 and all that follows through page 15, line 17, and insert the following:
“(ii) the court grants such motion.
“(B) Any costs and fees awarded under subparagraph (A) shall have the administrative priority described in section 507(a)(2) of this title, and such costs and fees shall be excepted from the discharge described in section 727 of this title in the current or any successor cases filed under this title.
On page 16, strike line 8 and all that follows through line 10 and insert the following: “the”.
On page 28, between lines 17 and 18, insert the following:
(l) Additional Ground of Nondischargeability.--Section 523(a) of title 11, United States Code, is amended by inserting after paragraph (18) the following:
“(18A) for costs or fees imposed by a bankruptcy court under section 707(b)(4) of this title, whether imposed in the current case or a prior case filed under this title.”.
On page 28, line 18, strike “(k)” and insert “(m)”.
On page 59, strike lines 16 and 17 and insert the following:
“(5) The declaration shall consist of the following certification:
On page 60, strike line 4 and all that follows through line 10.
On page 182, line 4, strike “EXPANSION” and insert “ENFORCEMENT”.
On page 182, line 7, insert “ fraud and abuse exist in the bankruptcy system and that in order to curb this fraud and abuse, Federal bankruptcy courts should vigorously enforce” after “that”.
On page 182, line 8, strike “App.)” and insert “App.).”
On page 182, strike line 9 and all that follows through line 19.
On page 459, lines 24 and 25, strike “, even if such amount has been discharged in a prior case under this title”.
Legislative Activity
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Senate amendment proposed (on the floor): Amendment SA 51 proposed by Senator Bingaman.
March 9, 2005
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Senate amendment proposed (on the floor): Amendment SA 51 proposed by Senator Bingaman.
March 9, 2005
Amendment SA 51 proposed by Senator Bingaman. (consideration: CR S2318-2319; text: CR S2318-2319) To amend certain provisions regarding attorney actions on behalf of debtors, and for other purposes.
March 9, 2005
Proposed amendment SA 51 withdrawn in Senate.
March 9, 2005
Senate amendment submitted
March 4, 2005