To address bankruptcy filing fee increases, future reauthorizations, and for other purposes.
What it does: Rewrites section 3
Sen. Christopher A. Coons (D-DE)What it changes
1 change to H.R. 1021 · shown in the bill's text
Rewrites section 3
ReplacesIn H.R. 1021 · Referred in Senate
SEC. 3. BANKRUPTCY FILING FEE[inserted: INCREASE].
(a) Bankruptcy Filing
[struck: Fee][inserted: Fees].--Section 1930(a)(3) of title 28, United States Code, is amended by striking "$1,000" and inserting "[struck: $1,042][inserted: $1,167]".Struck: (b) Expenditure Limitation.--Incremental amounts collected by reason of the enactment of subsection (a) shall be deposited in a special fund in the Treasury to be established after the date of enactment of this Act. Such amounts shall be available for the purposes specified in section 1931(a) of title 28, United States Code, but only to the extent specifically appropriated by an Act of Congress enacted after the date of enactment of this Act.
Struck: (c) Effective Date.--This section shall take effect 180 days after the date of enactment of this Act.
Struck: Passed the House of Representatives December 6, 2011.
Inserted: (b) United States Trustee System Fund.--Section 589a(b)(2) of title 28, United States Code, is amended by striking "55" and inserting "48.89".
Inserted: (c) Collection and Deposit of Miscellaneous Bankruptcy Fees.--Section 406(b) of the Judiciary Appropriations Act, 1990 (28 U.S.C. 1931 note) is amended by striking "25" and inserting "33.33".
Inserted: (d) Paygo Offset Expenditure Limitation.--$42 of the incremental amounts collected by reason of the enactment of subsection (a) shall be deposited in a special fund in the Treasury to be established after the date of enactment of this Act. Such amounts shall be available for the purposes specified in section 1931(a) of title 28, United States Code, but only to the extent specifically appropriated by an Act of Congress enacted after the date of enactment of this Act.
Inserted: (e) Effective Date.--This section and the amendments made by this section shall take effect 180 days after the date of enactment of this Act.
Inserted: SEC. 4. SUBSEQUENT REAUTHORIZATION.
Inserted: Prior to further reauthorization of any judgeship authorized by this Act, the Committee on the Judiciary of the Senate and House of Representatives shall conduct a review of the bankruptcy judgeships authorized by this Act to determine the need, if any, for continued reauthorization of each judgeship, to evaluate any changes in all bankruptcy case filings and their effect, if any, on filing fee revenue, and to require the Administrative Office of the Courts to submit a report to the Committee on the Judiciary of the Senate and House of Representatives on bankruptcy case workload, bankruptcy judgeship costs, and filing fee revenue.
Original wording
Strike section 3 and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 2084. Mr. REID (for Mr. Coons) proposed an amendment to the bill H.R. 1021, to prevent the termination of the temporary office of bankruptcy judges in certain judicial districts; as follows:
Strike section 3 and insert the following:
SEC. 3. BANKRUPTCY FILING FEE INCREASE.
(a) Bankruptcy Filing Fees.--Section 1930(a)(3) of title 28, United States Code, is amended by striking “$1,000” and inserting “$1,167”.
(b) United States Trustee System Fund.--Section 589a(b)(2) of title 28, United States Code, is amended by striking “55” and inserting “48.89”.
(c) Collection and Deposit of Miscellaneous Bankruptcy Fees.--Section 406(b) of the Judiciary Appropriations Act, 1990 (28 U.S.C. 1931 note) is amended by striking “25” and inserting “33.33”.
(d) Paygo Offset Expenditure Limitation.--$42 of the incremental amounts collected by reason of the enactment of subsection (a) shall be deposited in a special fund in the Treasury to be established after the date of enactment of this Act. Such amounts shall be available for the purposes specified in section 1931(a) of title 28, United States Code, but only to the extent specifically appropriated by an Act of Congress enacted after the date of enactment of this Act.
(e) Effective Date.--This section and the amendments made by this section shall take effect 180 days after the date of enactment of this Act.
SEC. 4. SUBSEQUENT REAUTHORIZATION.
Prior to further reauthorization of any judgeship authorized by this Act, the Committee on the Judiciary of the Senate and House of Representatives shall conduct a review of the bankruptcy judgeships authorized by this Act to determine the need, if any, for continued reauthorization of each judgeship, to evaluate any changes in all bankruptcy case filings and their effect, if any, on filing fee revenue, and to require the Administrative Office of the Courts to submit a report to the Committee on the Judiciary of the Senate and House of Representatives on bankruptcy case workload, bankruptcy judgeship costs, and filing fee revenue.
Legislative Activity
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Senate amendment submitted
April 19, 2012
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Senate amendment submitted
April 19, 2012
Senate amendment agreed to: Amendment SA 2084 agreed to in Senate by Unanimous Consent.
April 19, 2012
Senate amendment proposed (on the floor): Amendment SA 2084 proposed by Senator Reid for Senator Coons.(consideration: CR S2556; text: CR S2556)
April 19, 2012
Amendment SA 2084 proposed by Senator Reid for Senator Coons. (consideration: CR S2556; text: CR S2556) To address bankruptcy filing fee increases, future reauthorizations, and for other purposes.
April 19, 2012
Amendment SA 2084 agreed to in Senate by Unanimous Consent.
April 19, 2012