To amend the credit counseling provision.

1. Rewrites page 33, line 1 through page 45, line 6

   ReplacesPrinted page

   Removes page 33, line 1 through page 45, line 6 of the printed bill. See that page

   Inserted: SEC. 106. CREDIT COUNSELING.

   Inserted: (a) Who May Be a Debtor.--Section 109 of title 11, United States Code, is amended by adding at the end the following:

   Inserted: "(h)(1) Subject to paragraphs (2) and (3), and notwithstanding any other provision of this section, an individual may not be a debtor under this title unless such individual has, during the 180-day period preceding the date of filing of the petition by such individual, received from an approved nonprofit budget and credit counseling agency described in section 111(a) an individual or group briefing (including a briefing conducted by telephone or on the Internet) that outlined the opportunities for available credit counseling and assisted such individual in performing a related budget analysis.

   Inserted: "(2)(A) Paragraph (1) shall not apply with respect to a debtor who resides in a district for which the United States trustee (or the bankruptcy administrator, if any) determines that the approved nonprofit budget and credit counseling agencies for such district are not reasonably able to provide adequate services to the additional individuals who would otherwise seek credit counseling from such agencies by reason of the requirements of paragraph (1).

   Inserted: "(B) The United States trustee (or the bankruptcy administrator, if any) who makes a determination described in subparagraph (A) shall review such determination not later than 1 year after the date of such determination, and not less frequently than annually thereafter. Notwithstanding the preceding sentence, a nonprofit budget and credit counseling agency may be disapproved by the United States trustee (or the bankruptcy administrator, if any) at any time.

   Inserted: "(3) The court may waive the requirements of paragraph (1), based on the sworn statement filed by the debtor under section 521(b)(3). The court may condition the waiver on the debtor's meeting the requirements of paragraph (1) within a specified period of time after the court's waiver.".

   Inserted: (b) Chapter 7 Discharge.--Section 727(a) of title 11, United States Code, is amended--

   Inserted: (1) in paragraph (9), by striking "or" at the end;

   Inserted: (2) in paragraph (10), by striking the period and inserting "; or"; and

   Inserted: (3) by adding at the end the following:

   Inserted: "(11) after filing the petition, the debtor failed to complete an instructional course concerning personal financial management described in section 111, except that this paragraph shall not apply with respect to a debtor who resides in a district for which the United States trustee (or the bankruptcy administrator, if any) determines that the approved instructional courses are not adequate to service the additional individuals who would otherwise be required to complete such instructional courses under this section, or if the court finds that exigent circumstances merit a waiver of the requirements of this paragraph (The United States trustee (or the bankruptcy administrator, if any) who makes a determination described in this paragraph shall review such determination not later than 1 year after the date of such determination, and not less frequently than annually thereafter.).".

   Inserted: (c) Chapter 13 Discharge.--Section 1328 of title 11, United States Code, is amended by adding at the end the following:

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   Inserted: "(g)(1) The court shall not grant a discharge under this section to a debtor unless after filing a petition the debtor has completed an instructional course concerning personal financial management described in section 111.

   Inserted: "(2) Paragraph (1) shall not apply with respect to a debtor who resides in a district for which the United States trustee (or the bankruptcy administrator, if any) determines that the approved instructional courses are not adequate to service the additional individuals who would otherwise be required to complete such instructional course by reason of the requirements of paragraph (1), or if the court finds that exigent circumstances merit a waiver of the requirements of this paragraph.

   Inserted: "(3) The United States trustee (or the bankruptcy administrator, if any) who makes a determination described in paragraph (2) shall review such determination not later than 1 year after the date of such determination, and not less frequently than annually thereafter.".

   Inserted: (d) Debtor's Duties.--Section 521 of title 11, United States Code, is amended--

   Inserted: (1) by inserting "(a)" before "The debtor shall--"; and

   Inserted: (2) by adding at the end the following:

   Inserted: "(b) In addition to the requirements of subsection (a), an individual debtor, other than a debtor who is excused by section 109(h)(2) from meeting the requirements of section 109(h)(1), shall file with the court--

   Inserted: "(1) a certificate from the approved nonprofit budget and credit counseling agency that provided the debtor services under section 109(h) describing the services provided to the debtor;

   Inserted: "(2) a copy of the debt repayment plan, if any, developed under section 109(h) through the approved nonprofit budget and credit counseling agency referred to in paragraph (1); or

   Inserted: "(3) a sworn statement that sets forth exigent circumstances that preclude the filing of a certificate including--

   Inserted: "(A) the debtor is facing foreclosure, garnishment, attachment, eviction, levy of execution, utility shutoff, or similar claim enforcement procedure that would deprive the debtor of property or necessary services before the debtor could obtain counseling;

   Inserted: "(B) the debtor is unable to obtain counseling services due to lack of transportation, incapacity, or disability;

   Inserted: "(C) the debtor attempted to obtain counseling within the five-day period immediately before filing bankruptcy but was unsuccessful in obtaining counseling for circumstances beyond the debtor's control;

   Inserted: "(D) the debtor cannot afford costs associated with the counseling program; or

   Inserted: "(E) the debtor met the requirements of section 109(h)(1) and a certificate was unavailable, lost, or unreasonably denied.".

   Inserted: (e) General Provisions.--

   Inserted: (1) In general.--Chapter 1 of title 11, United States Code, is amended by adding at the end the following:

   Inserted: "Sec. 111. Nonprofit budget and credit counseling agencies;

   Inserted: financial management instructional courses

   Inserted: "(a) The clerk shall maintain a publicly available list of--

   Inserted: "(1) nonprofit budget and credit counseling agencies that provide 1 or more services described in section 109(h) currently approved by the United States trustee (or the bankruptcy administrator, if any); and

   Inserted: "(2) instructional courses concerning personal financial management currently approved by the United States trustee (or the bankruptcy administrator, if any), as applicable.

   Inserted: "(b) The United States trustee (or bankruptcy administrator, if any) shall only approve a nonprofit budget and credit counseling agency or an instructional course concerning personal financial management as follows:

   Inserted: "(1) The United States trustee (or bankruptcy administrator, if any) shall have thoroughly reviewed the qualifications of the nonprofit budget and credit counseling agency or of the provider of the instructional course under the standards set forth in this section, and the services or instructional courses that will be offered by such agency or such provider, and may require such agency or such provider that has sought approval to provide information with respect to such review.

   Inserted: "(2) The United States trustee (or bankruptcy administrator, if any) shall have determined that such agency or such instructional course fully satisfies the applicable standards set forth in this section.

   Inserted: "(3) If a nonprofit budget and credit counseling agency or instructional course did not appear on the approved list for the district under subsection (a) immediately before approval under this section, approval under this subsection of such agency or such instructional course shall be for a probationary period not to exceed 6 months.

   Inserted: "(4) At the conclusion of the applicable probationary period under paragraph (3), the United States trustee (or bankruptcy administrator, if any) may only approve for an additional 1-year period, and for successive 1-year periods thereafter, an agency or instructional course that has demonstrated during the probationary or applicable subsequent period of approval that such agency or instructional course--

   Inserted: "(A) has met the standards set forth under this section during such period; and

   Inserted: "(B) can satisfy such standards in the future.

   Inserted: "(5) Not later than 30 days after any final decision under paragraph (4), an interested person may seek judicial review of such decision in the appropriate district court of the United States.

   Inserted: "(c)(1) The United States trustee (or the bankruptcy administrator, if any) shall only approve a nonprofit budget and credit counseling agency that demonstrates that it will provide qualified counselors, maintain adequate provision for safekeeping and payment of client funds, provide adequate counseling with respect to client credit problems, and deal responsibly and effectively with other matters relating to the quality, effectiveness, and financial security of the services it provides.

   Inserted: "(2) To be approved by the United States trustee (or the bankruptcy administrator, if any), a nonprofit budget and credit counseling agency shall, at a minimum--

   Inserted: "(A) have a board of directors the majority of which--

   Inserted: "(i) are not employed by such agency; and

   Inserted: "(ii) will not directly or indirectly benefit financially from the outcome of the counseling services provided by such agency;

   Inserted: "(B) if a fee is charged for counseling services, charge a reasonable fee, and provide services without regard to ability to pay the fee;

   Inserted: "(C) provide for safekeeping and payment of client funds, including an annual audit of the trust accounts and appropriate employee bonding;

   Inserted: "(D) provide full disclosures to a client, including funding sources, counselor qualifications, possible impact on credit reports, and any costs of such program that will be paid by such client and how such costs will be paid;

   Inserted: "(E) provide adequate counseling with respect to a client's credit problems that includes an analysis of such client's current financial condition, factors that caused such financial condition, and how such client can develop a plan to respond to the problems without incurring negative amortization of debt;

   Inserted: "(F) provide trained counselors who receive no commissions or bonuses based on the outcome of the counseling services provided by such agency, and who have adequate experience, and have been adequately trained to provide counseling services to individuals in financial difficulty, including the matters described in subparagraph (E);

   Inserted: "(G) demonstrate adequate experience and background in providing credit counseling; and

   Inserted: "(H) have adequate financial resources to provide continuing support services for budgeting plans over the life of any repayment plan.

   Inserted: "(d) The United States trustee (or the bankruptcy administrator, if any) shall only approve an instructional course concerning personal financial management--

   Inserted: "(1) for an initial probationary period under subsection (b)(3) if the course will provide at a minimum--

   Inserted: "(A) trained personnel with adequate experience and training in providing effective instruction and services;

   Inserted: "(B) learning materials and teaching methodologies designed to assist debtors in understanding personal financial management and that are consistent with stated objectives directly related to the goals of such instructional course;

   Inserted: "(C) adequate facilities situated in reasonably convenient locations at which such instructional course is offered, except that such facilities may include the provision of such instructional course by telephone or through the Internet, if such instructional course is effective; and

   Inserted: "(D) the preparation and retention of reasonable records (which shall include the debtor's bankruptcy case number) to permit evaluation of the effectiveness of such instructional course, including any evaluation of satisfaction of instructional course requirements for each debtor attending such instructional course, which shall be available for inspection and evaluation by the Executive Office for United States Trustees, the United States trustee (or the bankruptcy administrator, if any), or the chief bankruptcy judge for the district in which such instructional course is offered; and

   Inserted: "(2) for any 1-year period if the provider thereof has demonstrated that the course meets the standards of paragraph (1) and, in addition--

   Inserted: "(A) has been effective in assisting a substantial number of debtors to understand personal financial management;

   Inserted: "(B) is otherwise likely to increase substantially the debtor's understanding of personal financial management; and

   Inserted: "(C) if a fee is charged for such course, is offered for a reasonable fee and offered to all persons without regard to ability to pay the fee.

   Inserted: "(e) The district court may, at any time, investigate the qualifications of a nonprofit budget and credit counseling agency referred to in subsection (a), and request production of documents to ensure the integrity and effectiveness of such agency. The district court may, at any time, remove from the approved list under subsection (a) a nonprofit budget and credit counseling agency upon finding such agency does not meet the qualifications of subsection (b).

   Inserted: "(f) The United States trustee (or the bankruptcy administrator, if any) shall notify the clerk that a nonprofit budget and credit counseling agency or an instructional course is no longer approved, in which case the clerk shall remove it from the list maintained under subsection (a).

   Inserted: "(g)(1) No nonprofit budget and credit counseling agency may provide to a credit reporting agency information concerning whether a debtor has received or sought instruction concerning personal financial management from such agency.

   Inserted: "(2) A nonprofit budget and credit counseling agency that willfully or negligently fails to comply with any requirement under this title with respect to a debtor shall be liable for damages in an amount equal to the sum of--

   Inserted: "(A) any actual damages sustained by the debtor as a result of the violation; and

   Inserted: "(B) any court costs or reasonable attorneys' fees (as determined by the court) incurred in an action to recover those damages.".

   Inserted: (2) Clerical amendment.--The table of sections for chapter 1 of title 11, United States Code, is amended by adding at the end the following:

   Inserted: "111. Nonprofit budget and credit counseling agencies; financial management instructional courses.".

   Inserted: (f) Limitation.--Section 362 of title 11, United States Code, is amended by adding at the end the following:

   Inserted: "(i) If a case commenced under chapter 7, 11, or 13 is dismissed due to the creation of a debt repayment plan, for purposes of subsection (c)(3), any subsequent case commenced by the debtor under any such chapter shall not be presumed to be filed not in good faith.

   Inserted: "(j) On request of a party in interest, the court shall issue an order under subsection (c) confirming that the automatic stay has been terminated.".

   Original wording

   Beginning on page 33, strike line 1 and all that follows through page 45, line 6, and insert the following:

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As printed