Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 6198) to amend title 11 of the United States Code to make technical corrections; and for related purposes, as amended. Mr. Speaker, I ask unanimous consent that all Members…
Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 6198) to amend title 11 of the United States Code to make technical corrections; and for related purposes, as amended.
Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and include extraneous material on the bill under consideration.
I yield myself such time as I may consume.
Mr. Speaker, 5 years ago, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 was enacted into law. It exceeded 500 pages in length and made significant changes in our Nation's bankruptcy law.
Since its enactment, a number of technical drafting errors have been identified. These include spelling errors, erroneous statutory cross- references, incorrect grammar and terminology references, and mistakes in punctuation. I am pleased that H.R. 6198, the Bankruptcy Technical Corrections Act of 2010, corrects these purely technical errors.
Mr. Speaker, I urge my colleagues to support H.R. 6198.
H.R. 6198, the ``Bankruptcy Technical Corrections Act of 2010''
Section-by-Section Explanation
Sec. 1. Short Title. Section 1 sets forth the short title
of the bill as the ``Bankruptcy Technical Corrections Act of
2010.''
Sec. 2. Technical Corrections Relating to Amendments Made
by Public Law 109-8. Section 2 makes a series of technical
corrections to the Bankruptcy Abuse Prevention and Consumer
Protection Act of 2005 (2005 Act).
Subsection (a)(1)(A) amends section 101(13A) of title 11 of
the United States Code (Bankruptcy Code), which defines
``debtor's principal residence.'' The amendment clarifies
that the definition pertains to a structure used by the
debtor as a principal residence.
Subsection (a)(1)(B) amends Bankruptcy Code section
101(35), which defines ``insured depository institution.''
The amendment corrects erroneous statutory references in this
provision.
Subsection (a)(1)(C) amends Bankruptcy Code section
101(40B), which defines ``patient records.'' The amendment
clarifies that the term means a record relating to a patient,
including a written document or an electronic record.
Subsection (a)(1)(D) amends Bankruptcy Code section
101(42), which defines ``petition.'' The amendment deletes
the reference to section 304 of the Bankruptcy Code, which
was eliminated as a result of the 2005 Act, and adds a
reference to section 1504, which was added by the 2005 Act.
Subsection (a)(1)(E) amends Bankruptcy Code section
101(51D), which defines ``small business debtor.'' The
amendment clarifies that the debt limit specified therein is
determined as of the date of the filing of the petition.
Subsection (a)(1)(F) redesignates paragraphs (56A) and
(53D) of Bankruptcy Code section 101 as (53D) and (53E),
respectively.
Subsection (a)(2) amends Bankruptcy Code section 103(a),
which pertains to the applicability of chapters of the Code.
The amendment corrects an erroneous statutory reference in
this provision.
Subsection (a)(3) amends Bankruptcy Code section 105(d)(2),
which pertains to status conferences. The amendment makes a
grammatical correction.
Subsection (a)(4) amends Bankruptcy Code section 106(a)(1),
which pertains to the waiver of sovereign immunity. The
amendment deletes a reference to Bankruptcy Code section 728,
which was eliminated by the 2005 Act.
Subsection (a)(5) amends Bankruptcy Code section 107(a),
which pertains to public access to bankruptcy cases. The
amendment corrects a drafting instruction error.
Subsection (a)(6) makes several amendments to Bankruptcy
Code section 109, which sets forth the eligibility criteria
for a debtor. Subsection (a)(6)(A) amends Bankruptcy Code
section 109(b)(3)(B) to add a missing parenthesis. Subsection
(a)(6)(B) makes a conforming amendment to Bankruptcy Code
section 109(h)(1) to clarify that Bankruptcy Code section
109(h)(4) is an exception. In addition, subsection (a)(6)(B)
clarifies that the 180-day period ends on the date of the
filing of the petition.
Subsection (a)(7) amends Bankruptcy Code section 110, which
pertains to bankruptcy petition preparers. It makes
conforming amendments to Bankruptcy Code section 110(b)(2)(A)
and (h)(1) so that they conform to other provisions in
section 110 with respect to fees received by a petition
preparer on behalf of a debtor. In addition, subsection
(a)(7) restructures section 110(h)(3) to clarify the court's
authority to disallow fees under this provision.
Subsection (a)(8) amends Bankruptcy Code section 111, which
concerns nonprofit budget and credit counseling agencies and
financial management instructional courses. The amendment
corrects two typographical errors in Bankruptcy Code section
111(d)(1)(E). The first error concerns incorrect punctuation
and the second error pertains to incorrect indentation of the
subparagraph.
Subsection (a)(9) amends Bankruptcy Code section 303, which
pertains to involuntary bankruptcy cases. The amendment
corrects the misdesignation of subsection (l) by
redesignating it as subsection (k).
Subsection (a)(10) amends Bankruptcy Code section 308,
which concerns reporting requirements for small business
debtors. The amendment restructures subsection 308(b)(4) to
clarify its intent.
Subsection (a)(11) makes two amendments to Bankruptcy Code
section 348, which pertains to the effect of conversion of a
case. First, it amends Bankruptcy Code section 348(b) to
strike references to Bankruptcy Code sections 728(a), 728(b),
1146(a) and 1146(b) as these provisions were eliminated by
the 2005 Act. Second, it amends Bankruptcy Code section
348(f)(1)(C)(i) to clarify that the provision applies with
respect to the date of the filing of the petition.
Subsection (a)(12) amends Bankruptcy Code section 362,
which pertains to the automatic stay, in several respects.
First, the amendment makes a stylistic correction to
subsection 362(a)(8) with respect to its reference to a
debtor that is a corporation. Second, it adds a missing
article in subsection 362(c)(3). Third, the amendment
conforms the reference in subsection 362(c)(4)(A)(i) to
``refiled'' with subsection 362(c)(3) so that it applies to a
case filed under a chapter other than chapter 7 after
dismissal of a prior case pursuant to Bankruptcy Code section
707(b). Fourth, it corrects an erroneous conjunctive in
subsection 362(d)(4). Fifth, it corrects a spelling error in
subsection 362(l).
Subsection (a)(13) amends Bankruptcy Code section 363,
which concerns the use, sale, or lease of property. The
amendment restructures subsection 363(d) to clarify its
intent.
Subsection (a)(14) amends Bankruptcy Code section 505,
which pertains to the determination of tax liability. The
amendment corrects the provision's use of terminology.
Subsection (a)(15) amends Bankruptcy Code section 507,
which pertains to priorities. The amendment corrects a
punctuation error.
Subsection (a)(16) amends Bankruptcy Code section 521,
which pertains to the duties of the debtor. The amendment
makes several revisions. First, it deletes redundant text in
subsection 521(a)(2)(A) and (B). Second, it restructures
section 521(a)(2) to clarify its meaning. Third, the
amendment corrects grammatical errors in paragraphs (3) and
(4) of subsection 521(a).
Subsection (a)(17) amends Bankruptcy Code section 522,
which concerns exemptions. The amendment corrects two
grammatical errors in subsection 522(b)(3)(A). In addition,
it makes a conforming revision to subsection 522(c)(1).
Subsection (a)(18) amends Bankruptcy Code section 523,
which pertains to the dischargeability of debts. The
amendment corrects a punctuation error in subsection
523(a)(2)(C)(ii)(II) and corrects an erroneous statutory
cross reference in subsection 523(a)(3).
Subsection (a)(19) amends Bankruptcy Code section 524,
which concerns reaffirmation agreements, among other matters.
The amendment makes several revisions. First, it corrects
erroneous terminology in subsection 524(k)(3)(J)(i) and
inserts a missing verb. Second, it corrects a punctuation
error in subsection 524(k)(5)(B).
Subsection (a)(20) amends Bankruptcy Code section 526,
which deals with restrictions on debt relief agencies. The
amendment makes a conforming revision to subsection
526(a)(2). It also adds a missing article to subsection
526(a)(4).
Subsection (a)(21) amends Bankruptcy Code section 527,
which concerns disclosures by debt relief agencies. The
amendment makes a grammatical correction.
Subsection (a)(22) amends Bankruptcy Code section 541,
which deals with property of the estate. The amendment
corrects a statutory reference to the Internal Revenue Code
of 1986 in section 541(b)(6)(B).
Subsection (a)(23) amends Bankruptcy Code section 554,
which concerns abandonment. The amendment corrects an
erroneous a statutory reference in subsection 554(c).
Subsection (a)(24) amends Bankruptcy Code section 704,
which pertains to duties of the trustee. The amendment
corrects an erroneous statutory reference in subsection
704(a)(3).
Subsection (a)(25) amends Bankruptcy Code section 707,
which concerns dismissal of a chapter 7 case or conversion to
a case under chapter 11 or 13. The amendment makes several
revisions. First, it corrects an erroneous statutory cross
reference in subsection 707(a)(3). Second, the amendment
clarifies that the provision's reference to date means the
date of the filing of the petition in subsection
707(b)(2)(A)(iii)(I). Third, the amendment corrects an
erroneous statutory reference in subsection 707(b)(3).
Subsection (a)(26) amends Bankruptcy Code section 723(c),
which pertains to the rights of a partnership trustee against
general partners. The amendment strikes a reference to
Bankruptcy Code section 728, which was eliminated by the 2005
Act.
Subsection (a)(27) amends Bankruptcy Code section 724,
which concerns the treatment of liens. The amendment
clarifies certain statutory references in section 724(b)(2)
and makes other clarifying revisions.
Subsection (a)(28) amends Bankruptcy Code section 726(b),
which concerns distribution priorities in a chapter 7 case,
to add a statutory reference to section 507(a)(9) and (10).
Subsection (a)(29) amends Bankruptcy Code section 901,
which concerns the applicability of the Bankruptcy Code to
municipality cases. The amendment adds references to
Bankruptcy Code sections 333, dealing with the appointment of
a patient care ombudsman, and 351, concerning the disposal of
patient records, both of which were added by the 2005 Act.
Subsection (a)(30) amends Bankruptcy Code section 1104,
which pertains to the appointment of a trustee and examiner.
The amendment restructures subsection 1104(a) to clarify the
provision's intent and how it relates to Bankruptcy Code
section 1112(b), as amended by the 2005 Act. In addition, it
corrects an erroneous statutory reference in subsection
1104(b)(2)(B)(ii).
Subsection (a)(31) amends Bankruptcy Code section 1106,
which pertains to the duties of a trustee and examiner. The
amendment corrects two erroneous statutory references in
section 1106(a).
Subsection (a)(32) amends Bankruptcy Code section 1111,
which concerns claims and interests. The amendment corrects
an erroneous statutory reference in section 1111(a).
Subsection (a)(33) amends Bankruptcy Code section 1112(b),
which sets forth the grounds for converting or dismissing a
chapter 11 case. The amendment restructures this provision to
eliminate an internal redundancy. In addition, it corrects an
erroneous statutory reference in section 1112(e).
Subsection (a)(34) amends Bankruptcy Code section 1127,
which pertains to modification of a chapter 11 plan. The
amendment corrects an erroneous statutory reference in
section 1127(f)(1).
Subsection (a)(35) amends Bankruptcy Code section 1129(a),
which sets forth the criteria for confirmation of a chapter
11 plan. The amendment makes a grammatical correction to
section (a)(16).
Subsection (a)(36) amends Bankruptcy Code section
1141(d)(5), which concerns the effect of confirmation. The
amendment clarifies the intent of this provision.
Subsection (a)(37) amends Bankruptcy Code section 1145(b),
which pertains to the applicability of securities laws. The
amendment corrects an erroneous statutory reference in this
section.
Subsection (a)(38) amends Bankruptcy Code section 1202,
which details the responsibilities of a trustee in a chapter
12 case. The amendment corrects several erroneous statutory
references in section 1202(b).
Subsection (a)(39) amends Bankruptcy Code section 1302,
which details the responsibilities of a trustee in a chapter
13 case. The amendment corrects several erroneous statutory
references in section 1302(b)(1).
Subsection (a)(40) amends Bankruptcy Code section 1304,
which concerns a chapter
13 debtor engaged in business. The amendment corrects an
erroneous statutory reference in section 1304(c).
Subsection (a)(41) amends Bankruptcy Code section 1307,
which sets forth the grounds for converting or dismissing a
chapter 13 case. The amendment corrects several erroneous
statutory references in this section.
Subsection (a)(42) amends Bankruptcy Code section 1308,
which concerns the filing of prepetition tax returns. The
amendment clarifies several statutory references in section
1308(b)(2).
Subsection (a)(43) amends Bankruptcy Code section 1322(a),
which pertains to the contents of a chapter 13 plan. The
amendment corrects an internal inconsistency.
Subsection (a)(44) amends Bankruptcy Code section 1325,
which pertains to confirmation of a chapter 13 plan. The
amendment adds a missing word to subsection 1325(a) and adds
a missing parenthesis to subsection 1325(b)(2)(A)(ii).
Subsection (a)(45) amends the heading of Bankruptcy Code
section 1511, to include a reference to section 302.
Subsection (a)(46) amends Bankruptcy Code section 1519,
which pertains to the relief that may be granted upon the
filing of a petition for recognition in a chapter 15 case.
The amendment corrects an erroneous statutory reference in
section 1519(f).
Subsection (a)(47) amends Bankruptcy Code section 1521(f),
which concerns relief that may be granted upon recognition in
a chapter 15 case. The amendment corrects an erroneous
statutory reference.
Subsection (a)(48) amends Bankruptcy Code section 1529,
which concerns the coordination of a case under title 11 and
a foreign proceeding. The amendment adds a missing word to
section 1529(l).
Subsection (a)(49) amends the table of sections for chapter
3 of the Bankruptcy Code to correct an erroneous description
of section 333.
Subsection (a)(50) amends the table of sections for chapter
5 of the Bankruptcy Code to correct an erroneous description
of section 562.
Subsection (b) amends section 157 of title 18 of the United
States Code, which concerns bankruptcy fraud. The amendment
removes superfluous references in this section.
Subsection (c)(1) amends section 158 of title 28 of the
United States Code, which pertains to bankruptcy appeals. The
amendment corrects a grammatical error in section
158(d)(2)(D).
Subsection (c)(2) amends section 159 of title 28 of the
United States Code, which pertains to the collection of
bankruptcy statistics. The amendment adds a missing word to
section 159(c)(3)(H).
Subsection (c)(3) amends section 586 of title 28 of the
United States Code, which concerns the United States Trustee
Program. The amendment corrects a punctuation error in
section 586(a)(3)(A)(ii), corrects erroneous terminology in
section 586(a)(7)(C), and eliminates redundant language in
section 586(a)(8).
Sec. 3. Technical Correction to Public Law 109-8. Section 3
amends section 1406(b)(1) of the 2005 Act to correct a
spelling error.
I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
There were strong differences of opinion about the changes made in 2005. Many of us questioned whether some of those changes were justified and whether they were fair or constructive, but those discussions are left to another day.
This bill before us today is simply a technical cleanup of the 2005 legislation. I would like to thank the ranking member of the full committee, Mr. Smith, for making this a bipartisan effort. I urge my colleagues to support the bill.
I yield back the balance of my time.