H.R. 6198 – Reading Mode

One Hundred Eleventh Congress of the United States of America

At the Second Session

Begun and held at the City of Washington on Tuesday, the fifth day of January, two thousand and ten

H. R. 6198

AN ACT

To amend title 11 of the United States Code to make technical corrections; and for related purposes.

Short title

This Act may be cited as the Bankruptcy Technical Corrections Act of 2010.

Technical corrections relating to amendments made by Public Law 109–8

(a)

Title 11 of the United States Code

Title 11 of the United States Code is amended—

(1)

in section 101—

(A)

in paragraph (13A)—

(i)

in subparagraph (A) by inserting if used as the principal residence by the debtor after structure the 1st place it appears, and

(ii)

in subparagraph (B) by inserting if used as the principal residence by the debtor before the period at the end,

(B)

in paragraph (35) by striking (23) and (35) and inserting (21B) and (33)(A),

(C)

in paragraph (40B) by striking written document relating to a patient or a and inserting record relating to a patient, including a written document or a,

(D)

in paragraph (42) by striking 303, and 304 and inserting 303 and 1504,

(E)

in paragraph (51B) by inserting thereto before the period at the end, and

(F)

in paragraph (51D) by inserting of the filing after date the 1st place it appears,

(2)

in section 103(a) by striking 362(n) and inserting 362(o),

(3)

in section 105(d)(2) by inserting may after Procedure,,

(4)

in section 106(a)(1) by striking 728,,

(5)

in section 107(a) by striking subsection (b) of this section and inserting subsections (b) and (c),

(6)

in section 109—

(A)

in subsection (b)(3)(B) by striking 1978 and inserting 1978), and

(B)

in subsection (h)(1)—

(i)

by inserting other than paragraph (4) of this subsection after this section, and

(ii)

by striking preceding and inserting ending on,

(7)

in section 110—

(A)

in subsection (b)(2)(A) by inserting or on behalf of after from, and

(B)

in subsection (h)—

(i)

in the last sentence of paragraph (1)—

(I)

by striking a and inserting the, and

(II)

by inserting or on behalf of after from,

(ii)

in paragraph (3)(A)—

(I)

by striking found to be in excess of the value of any services, and

(II)

in clause (i) by inserting found to be in excess of the value of any services after (i), and

(iii)

in paragraph (4) by striking paragraph (2) and inserting paragraph (3),

(8)

in section 111(d)(1)(E)—

(A)

by striking the period at the end and insert ; and, and

(B)

by indenting the left margin of such subparagraph 2 additional ems to the right,

(9)

in section 303 by redesignating subsection (l) as subsection (k),

(10)

in section 308(b)—

(A)

by striking small business debtor and inserting debtor in a small business case, and

(B)

in paragraph (4)—

(i)

in subparagraph (A)—

(I)

by striking (A), and

(II)

by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively,

(ii)

in subparagraph (B)—

(I)

by striking (B) and inserting (5),

(II)

by striking subparagraph (A)(i) and inserting paragraph (4)(A), and

(III)

by striking subparagraph (A)(ii) and inserting paragraph (4)(B),

(iii)

by redesignating subparagraph (C) as paragraph (6), and

(11)

in section 348—

(A)

in subsection (b)—

(i)

by striking 728(a), 728(b),, and

(ii)

by striking 1146(a), 1146(b),, and

(B)

in subsection (f)(1)(C)(i) by inserting of the filing after date,

(12)

in section 362—

(A)

in subsection (a)(8)—

(i)

by striking corporate debtor’s, and

(ii)

by inserting of a debtor that is a corporation after liability the 1st place it appears,

(B)

in subsection (c)—

(i)

in paragraph (3), in the matter preceding subparagraph (A), by inserting a after against, and

(ii)

in paragraph (4)(A)(i) by inserting under a chapter other than chapter 7 after dismissal after refiled,

(C)

in subsection (d)(4) by striking hinder, and and inserting hinder, or, and

(D)

in subsection (l)(2) by striking nonbankrupcty and inserting nonbankruptcy,

(13)

in section 363(d)—

(A)

in the matter preceding paragraph (1) by striking only,

(B)

by amending paragraph (1) to read as follows:

(1)

in the case of a debtor that is a corporation or trust that is not a moneyed business, commercial corporation, or trust, only in accordance with nonbankruptcy law applicable to the transfer of property by a debtor that is such a corporation or trust; and

, and

(C)

in paragraph (2) by inserting only after (2),

(14)

in section 505(a)(2)(C) by striking any law (other than a bankruptcy law) and inserting applicable nonbankruptcy law,

(15)

in section 507(a)(8)(A)(ii) by striking the period at the end and inserting ; or,

(16)

in section 521(a)—

(A)

in paragraph (2)—

(i)

in subparagraph (A)—

(I)

by striking the debtor shall, and

(II)

by adding and at the end,

(ii)

in subparagraph (B)—

(I)

by striking the debtor shall, and

(II)

by striking and at the end, and

(iii)

in subparagraph (C) by striking (C) and inserting the following:

except that

, and

(B)

in paragraphs (3) and (4) by inserting is after auditor,

(17)

in section 522—

(A)

in subsection (b)(3)(A)—

(i)

by striking at the 1st place it appears and inserting to, and

(ii)

by striking at the 2d place it appears and inserting in, and

(B)

in subsection (c)(1) by striking section 523(a)(5) and inserting such paragraph,

(18)

in section 523(a)—

(A)

in paragraph (2)(C)(ii)(II) by striking the period at the end and inserting a semicolon, and

(B)

in paragraph (3) by striking 521(1) and inserting 521(a)(1),

(19)

in section 524(k)—

(A)

in the last undesignated paragraph of the quoted matter in paragraph (3)(J)(i)—

(i)

by striking security property the 1st place it appears and inserting property securing the lien,

(ii)

by striking current value of the security property and inserting amount of the allowed secured claim, and

(iii)

in the last sentence by inserting must after you, and

(B)

in paragraph (5)(B) by striking that and inserting that,,

(20)

in section 526(a)—

(A)

in paragraph (2) by striking untrue and and inserting untrue or, and

(B)

in paragraph (4) by inserting a after preparer,

(21)

in the 3d sentence of the 4th undesignated paragraph of the quoted matter in section 527(b), by striking Schedules and Statement of Financial Affairs, as well as in some cases a Statement of Intention and inserting Schedules, and Statement of Financial Affairs, and in some cases a Statement of Intention,,

(22)

in section 541(b)(6)(B) by striking section 529(b)(7) and inserting section 529(b)(6),

(23)

in section 554(c) by striking 521(1) and inserting 521(a)(1),

(24)

in section 704(a)(3) by striking 521(2)(B) and inserting 521(a)(2)(B),

(25)

in section 707—

(A)

in subsection (a)(3) by striking 521 and inserting 521(a), and

(B)

in subsection (b)—

(i)

in paragraph (2)(A)(iii)(I) by inserting of the filing after date, and

(ii)

in paragraph (3) by striking subparagraph (A)(i) of such paragraph and inserting paragraph (2)(A)(i),

(26)

in section 723(c) by striking Notwithstanding section 728(c) of this title, the and inserting The,

(27)

in section 724(b)(2)—

(A)

by striking 507(a)(1) and inserting 507(a)(1)(C) or 507(a)(2),

(B)

by inserting under each such section after expenses the 1st place it appears,

(C)

by striking chapter 7 of this title and inserting this chapter, and

(D)

by striking 507(a)(2), and inserting 507(a)(1)(A), 507(a)(1)(B),,

(28)

in section 726(b) by striking or (8) and inserting (8), (9), or (10),

(29)

in section 901(a)—

(A)

by inserting 333, after 301,, and

(B)

by inserting 351, after 350(b),

(30)

in section 1104—

(A)

in subsection (a)

(i)

in paragraph (1) by inserting or at the end,

(ii)

in paragraph (2) by striking ; or and inserting a period, and

(iii)

by striking paragraph (3), and

(B)

in subsection (b)(2)(B)(ii) by striking subsection (d) and inserting subsection (a),

(31)

in section 1106(a)—

(A)

in paragraph (1) by striking 704 and inserting 704(a), and

(B)

in paragraph (2) by striking 521(1) and inserting 521(a)(1),

(32)

in section 1111(a) by striking 521(1) and inserting 521(a)(1),

(33)

amending section 1112—

(A)

in subsection (b)—

(i)

by amending paragraph (1) to read as follows:

(1)

Except as provided in paragraph (2) and subsection (c), on request of a party in interest, and after notice and a hearing, the court shall convert a case under this chapter to a case under chapter 7 or dismiss a case under this chapter, whichever is in the best interests of creditors and the estate, for cause unless the court determines that the appointment under section 1104(a) of a trustee or an examiner is in the best interests of creditors and the estate.

, and

(ii)

in paragraph (2)—

(I)

by striking the matter preceding subparagraph (A) and inserting the following:

(2)

The court may not convert a case under this chapter to a case under chapter 7 or dismiss a case under this chapter if the court finds and specifically identifies unusual circumstances establishing that converting or dismissing the case is not in the best interests of creditors and the estate, and the debtor or any other party in interest establishes that—

, and

(II)

in subparagraph (B) by striking granting such relief and inserting converting or dismissing the case, and

(B)

in subsection (e) by striking 521 and inserting 521(a),

(34)

in section 1127(f)(1) by striking subsection (a) and inserting subsection (e),

(35)

in section 1129(a)(16) by striking of the plan and inserting under the plan,

(36)

in section 1141(d)(5)—

(A)

in subparagraph (B)—

(i)

in clause (i) by striking and at the end; and

(ii)

by adding at the end the following:

(iii)

subparagraph (C) permits the court to grant a discharge; and

, and

(B)

in subparagraph (C) —

(i)

by striking unless and inserting the court may grant a discharge if,,

(ii)

in clause (ii) by striking the period at the end and inserting a semicolon, and

(iii)

by adding at the end the following:

and if the requirements of subparagraph (A) or (B) are met.

(37)

in section 1145(b) by striking 2(11) each place it appears and inserting 2(a)(11),

(38)

in section 1202(b)—

(A)

in paragraph (1) by striking 704(2), 704(3), 704(5), 704(6), 704(7), and 704(9) and inserting 704(a)(2), 704(a)(3), 704(a)(5), 704(a)(6), 704(a)(7), and 704(a)(9), and

(B)

in paragraph (5) by striking 704(8) and inserting 704(a)(8),

(39)

in section 1302(b)(1) by striking 704(2), 704(3), 704(4), 704(5), 704(6), 704(7), and 704(9) and inserting 704(a)(2), 704(a)(3), 704(a)(4), 704(a)(5), 704(a)(6), 704(a)(7), and 704(a)(9),

(40)

in section 1304(c) by striking 704(8) and inserting 704(a)(8),

(41)

in section 1307—

(A)

in subsection (c)—

(i)

by striking subsection (e) and inserting subsection (f),

(ii)

in paragraph (9) by striking 521 and inserting 521(a), and

(iii)

in paragraph (10) by striking “521” and inserting “521(a)’, and

(B)

in subsection (d) by striking subsection (e) and inserting subsection (f),

(42)

in section 1308(b)(2)—

(A)

in subparagraph (A) by striking paragraph (1) and inserting paragraph (1)(A),

(B)

in subparagraph (B) by striking paragraph (2) and inserting paragraph (1)(B), and

(C)

by striking this subsection each place it appears and inserting paragraph (1),

(43)

in section 1322(a)—

(A)

by striking shall the 1st place it appears,

(B)

in paragraph (1) by inserting shall after (1),

(C)

in paragraph (2) by inserting shall after (2),

(D)

in paragraph (3) by inserting shall after claims,, and

(E)

in paragraph (4) by striking a plan,

(44)

in section 1325—

(A)

in the last sentence of subsection (a) by inserting period after 910-day, and

(B)

in subsection (b)(2)(A)(ii) by striking 548(d)(3) and inserting 548(d)(3)),

(45)

in the heading of section 1511 by inserting , 302, after 301,

(46)

in section 1519(f) by striking 362(n) and inserting 362(o),

(47)

in section 1521(f) by striking 362(n) and inserting 362(o),

(48)

in section 1529(1) by inserting is after States,

(49)

in the table of sections of chapter 3, by striking the item relating to section 333 and inserting the following:

333. Appointment of patient care ombudsman.

, and

(50)

in the table of sections of chapter 5, by striking the item relating to section 562 and inserting the following:

562. Timing of damage measure in connection with swap agreements, securities contracts, forward contracts, commodity contracts, repurchase agreements, and master netting agreements.

(b)

Title 18 of the United States Code

Section 157 of title 18, United States Code is amended—

(1)

in paragraph (1) by striking bankruptcy, and

(2)

in paragraphs (2) and (3) by striking , including a fraudulent involuntary bankruptcy petition under section 303 of such title.

(c)

Title 28 of the United States Code

(1)

Amendment relating to appeals

Section 158(d)(2)(D) of title 28 of the United States Code is amended by striking appeal in and inserting appeal is.

(2)

Amendment relating to bankruptcy statistics

Section 159(c)(3)(H) of title 28 of the United States Code is amended by inserting the after against.

(3)

Technical amendments

Section 586(a) of title 28 of the United States Code is amended—

(A)

in paragraph (3)(A)(ii) is amended by striking the period at the end and inserting a semicolon,

(B)

in paragraph (7)(C) by striking identify and inserting determine, and

(C)

in paragraph (8) by striking the United States trustee shall.

Technical correction to Public Law 109–8

Section 1406(b)(1) of Public Law 109–8 is amended by striking cept and inserting Except.

Speaker of the House of Representatives.

Vice President of the United States and President of the Senate.