Bill Text
106th Congress (1999-2000)
H.R.833.IH

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H.R.833 -- Bankruptcy Reform Act of 1999 (Introduced in House - IH)

Beginning
 February 24, 1999
    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
    Sec. 1. Short title; table of contents.
    Sec. 216. Defaults based on nonmonetary obligations.
    Sec. 1009. Exemptions from contemporaneous execution requirement.
 TITLE I--CONSUMER BANKRUPTCY PROVISIONS
 Subtitle A--Needs based bankruptcy
    SEC. 101. CONVERSION.
    SEC. 102. DISMISSAL OR CONVERSION.
    `Sec. 707. Dismissal of a case or conversion to a case under chapter 13';
    SEC. 103. NOTICE OF ALTERNATIVES.
    SEC. 104. DEBTOR FINANCIAL MANAGEMENT TRAINING TEST PROGRAM.
 Subtitle B--Consumer Bankruptcy Protections
    SEC. 105. DEFINITIONS.
    SEC. 106. DISCLOSURES.
    `Sec. 526. Disclosures
    SEC. 107. DEBTOR'S BILL OF RIGHTS.
    `Sec. 527. Debtor's bill of rights
    SEC. 108. ENFORCEMENT.
    `Sec. 528. Debt relief agency enforcement
    SEC. 109. SENSE OF THE CONGRESS.
    SEC. 110. DISCOURAGING ABUSE REAFFIRMATION PRACTICES.
    SEC. 111. PROMOTION ALTERNATIVE DISPUTE RESOLUTION.
    SEC. 112. ENHANCED DISCLOSURE FOR CREDIT EXTENSIONS SECURED BY A DWELLING.
    SEC. 113. DUAL USE DEBIT CARD.
    SEC. 114. ENHANCED DISCLOSURES UNDER AN OPEN-END CREDIT PLAN.
    SEC. 115. PROTECTION OF SAVINGS EARMARKED FOR THE POSTSECONDARY EDUCATION OF CHILDREN.
    SEC. 116. EFFECT OF DISCHARGE.
    SEC. 117. AUTOMATIC STAY.
    SEC. 118. REINFORCE THE FRESH START.
    SEC. 119. DISCOURAGING BAD FAITH REPEAT FILINGS.
    SEC. 120. CURBING ABUSIVE FILINGS.
    SEC. 121. DEBTOR RETENTION OF PERSONAL PROPERTY SECURITY.
    SEC. 122. RELIEF FROM THE AUTOMATIC STAY WHEN THE DEBTOR DOES NOT COMPLETE INTENDED SURRENDER OF CONSUMER DEBT COLLATERAL.
    SEC. 123. GIVING SECURED CREDITORS FAIR TREATMENT IN CHAPTER 13.
    SEC. 124. RESTRAINING ABUSIVE PURCHASES ON SECURED CREDIT.
    SEC. 125. FAIR VALUATION OF COLLATERAL.
    SEC. 126. EXEMPTIONS.
    SEC. 127. LIMITATION.
    SEC. 128. ROLLING STOCK EQUIPMENT.
    `Sec. 1168. Rolling stock equipment
    `Sec. 1110. Aircraft equipment and vessels
    SEC. 129. DISCHARGE UNDER CHAPTER 13.
    SEC. 130. BANKRUPTCY JUDGESHIPS.
    SEC. 131. ADDITIONAL AMENDMENTS TO TITLE 11, UNITED STATES CODE.
    SEC. 132. AMENDMENT TO SECTION 1325 OF TITLE 11, UNITED STATES CODE.
    SEC. 133. APPLICATION OF THE CODEBTOR STAY ONLY WHEN THE STAY PROTECTS THE DEBTOR.
    SEC. 134. ADEQUATE PROTECTION FOR INVESTORS.
    SEC. 135. LIMITATION ON LUXURY GOODS.
    SEC. 136. GIVING DEBTORS THE ABILITY TO KEEP LEASED PERSONAL PROPERTY BY ASSUMPTION.
    SEC. 137. ADEQUATE PROTECTION OF LESSORS AND PURCHASE MONEY SECURED CREDITORS.
    `Sec. 1307A. Adequate protection in chapter 13 cases
    SEC. 139. AUTOMATIC STAY.
    SEC. 140. EXTEND PERIOD BETWEEN BANKRUPTCY DISCHARGES.
    SEC. 141. DEFINITION OF DOMESTIC SUPPORT OBLIGATION.
    SEC. 142. PRIORITIES FOR CLAIMS FOR DOMESTIC SUPPORT OBLIGATIONS.
    SEC. 143. REQUIREMENTS TO OBTAIN CONFIRMATION AND DISCHARGE IN CASES INVOLVING DOMESTIC SUPPORT OBLIGATIONS.
    SEC. 144. EXCEPTIONS TO AUTOMATIC STAY IN DOMESTIC SUPPORT OBLIGATION PROCEEDINGS.
    SEC. 145. NONDISCHARGEABILITY OF CERTAIN DEBTS FOR ALIMONY, MAINTENANCE, AND SUPPORT.
    SEC. 146. CONTINUED LIABILITY OF PROPERTY.
    SEC. 147. PROTECTION OF DOMESTIC SUPPORT CLAIMS AGAINST PREFERENTIAL TRANSFER MOTIONS.
    SEC. 148. DEFINITION OF HOUSEHOLD GOODS AND ANTIQUES.
    SEC. 149. NONDISCHARGEABLE DEBTS.
 TITLE II--DISCOURAGING BANKRUPTCY ABUSE
    SEC. 201. REENACTMENT OF CHAPTER 12.
    SEC. 202. MEETINGS OF CREDITORS AND EQUITY SECURITY HOLDERS.
    SEC. 203. PROTECTION OF RETIREMENT SAVINGS IN BANKRUPTCY.
    SEC. 204. PROTECTION OF REFINANCE OF SECURITY INTEREST.
    SEC. 205. EXECUTORY CONTRACTS AND UNEXPIRED LEASES.
    SEC. 206. CREDITORS AND EQUITY SECURITY HOLDERS COMMITTEES.
    SEC. 207. AMENDMENT TO SECTION 546 OF TITLE 11, UNITED STATES CODE.
    SEC. 208. LIMITATION.
    SEC. 209. AMENDMENT TO SECTION 330(a) OF TITLE 11, UNITED STATES CODE.
    SEC. 210. POSTPETITION DISCLOSURE AND SOLICITATION.
    SEC. 211. PREFERENCES.
    SEC. 212. VENUE OF CERTAIN PROCEEDINGS.
    SEC. 213. PERIOD FOR FILING PLAN UNDER CHAPTER 11.
    SEC. 214. FEES ARISING FROM CERTAIN OWNERSHIP INTERESTS.
    SEC. 215. CLAIMS RELATING TO INSURANCE DEPOSITS IN CASES ANCILLARY TO FOREIGN PROCEEDINGS.
    `Sec. 304. Cases ancillary to foreign proceedings
    SEC. 215. DEFAULTS BASED ON NONMONETARY OBLIGATIONS.
 TITLE III--GENERAL BUSINESS BANKRUPTCY PROVISIONS
    SEC. 301. DEFINITION OF DISINTERESTED PERSON.
    SEC. 302. MISCELLANEOUS IMPROVEMENTS.
    `Sec. 111. Credit counseling services; financial management instructional courses
    SEC. 303. EXTENSIONS.
 TITLE IV--SMALL BUSINESS BANKRUPTCY PROVISIONS
    SEC. 401. FLEXIBLE RULES FOR DISCLOSURE STATEMENT AND PLAN.
    SEC. 402. DEFINITIONS.
    SEC. 403. STANDARD FORM DISCLOSURE STATEMENT AND PLAN.
    SEC. 404. UNIFORM NATIONAL REPORTING REQUIREMENTS.
    `Sec. 308. Debtor reporting requirements
    SEC. 405. UNIFORM REPORTING RULES AND FORMS FOR SMALL BUSINESS CASES.
    SEC. 406. DUTIES IN SMALL BUSINESS CASES.
    `Sec. 1115. Duties of trustee or debtor in possession in small business cases
    SEC. 407. PLAN FILING AND CONFIRMATION DEADLINES.
    SEC. 408. PLAN CONFIRMATION DEADLINE.
    SEC. 409. PROHIBITION AGAINST EXTENSION OF TIME.
    SEC. 410. DUTIES OF THE UNITED STATES TRUSTEE.
    SEC. 411. SCHEDULING CONFERENCES.
    SEC. 412. SERIAL FILER PROVISIONS.
    SEC. 413. EXPANDED GROUNDS FOR DISMISSAL OR CONVERSION AND APPOINTMENT OF TRUSTEE.
    SEC. 414. STUDY OF OPERATION OF TITLE 11 OF THE UNITED STATES CODE WITH RESPECT TO SMALL BUSINESSES.
    SEC. 415. PAYMENT OF INTEREST.
 TITLE V--MUNICIPAL BANKRUPTCY PROVISIONS
    SEC. 501. PETITION AND PROCEEDINGS RELATED TO PETITION.
    SEC. 502. APPLICABILITY OF OTHER SECTIONS TO CHAPTER 9.
 TITLE VI--STREAMLINING THE BANKRUPTCY SYSTEM
    SEC. 601. CREDITOR REPRESENTATION AT FIRST MEETING OF CREDITORS.
    SEC. 602. AUDIT PROCEDURES.
    SEC. 603. GIVING CREDITORS FAIR NOTICE IN CHAPTER 7 AND 13 CASES.
    SEC. 604. DISMISSAL FOR FAILURE TO TIMELY FILE SCHEDULES OR PROVIDE REQUIRED INFORMATION.
    SEC. 605. ADEQUATE TIME TO PREPARE FOR HEARING ON CONFIRMATION OF THE PLAN.
    `Sec. 1321. Filing of plan
    SEC. 606. CHAPTER 13 PLANS TO HAVE A 5-YEAR DURATION IN CERTAIN CASES.
    SEC. 607. SENSE OF THE CONGRESS REGARDING EXPANSION OF RULE 9011 OF THE FEDERAL RULES OF BANKRUPTCY PROCEDURE.
    SEC. 608. ELIMINATION OF CERTAIN FEES PAYABLE IN CHAPTER 11 BANKRUPTCY CASES.
    SEC. 609. STUDY OF BANKRUPTCY IMPACT OF CREDIT EXTENDED TO DEPENDENT STUDENTS.
    SEC. 610. PROMPT RELIEF FROM STAY IN INDIVIDUAL CASES.
    SEC. 611. STOPPING ABUSIVE CONVERSIONS FROM CHAPTER 13.
 TITLE VII--BANKRUPTCY DATA
    SEC. 701. IMPROVED BANKRUPTCY STATISTICS.
    `Sec. 159. Bankruptcy statistics
    SEC. 702. UNIFORM RULES FOR THE COLLECTION OF BANKRUPTCY DATA.
    `Sec. 589b. Bankruptcy data
    SEC. 703. SENSE OF THE CONGRESS REGARDING AVAILABILITY OF BANKRUPTCY DATA.
 TITLE VIII--BANKRUPTCY TAX PROVISIONS
    SEC. 801. TREATMENT OF CERTAIN LIENS.
    SEC. 802. EFFECTIVE NOTICE TO GOVERNMENT.
    SEC. 803. NOTICE OF REQUEST FOR A DETERMINATION OF TAXES.
    SEC. 804. RATE OF INTEREST ON TAX CLAIMS.
    `Sec. 511. Rate of interest on tax claims
    SEC. 805. TOLLING OF PRIORITY OF TAX CLAIM TIME PERIODS.
    SEC. 806. PRIORITY PROPERTY TAXES INCURRED.
    SEC. 807. CHAPTER 13 DISCHARGE OF FRAUDULENT AND OTHER TAXES.
    SEC. 808. CHAPTER 11 DISCHARGE OF FRAUDULENT TAXES.
    SEC. 809. STAY OF TAX PROCEEDINGS.
    SEC. 810. PERIODIC PAYMENT OF TAXES IN CHAPTER 11 CASES.
    SEC. 811. AVOIDANCE OF STATUTORY TAX LIENS PROHIBITED.
    SEC. 812. PAYMENT OF TAXES IN THE CONDUCT OF BUSINESS.
    SEC. 813. TARDILY FILED PRIORITY TAX CLAIMS.
    SEC. 814. INCOME TAX RETURNS PREPARED BY TAX AUTHORITIES.
    SEC. 815. DISCHARGE OF THE ESTATE'S LIABILITY FOR UNPAID TAXES.
    SEC. 816. REQUIREMENT TO FILE TAX RETURNS TO CONFIRM CHAPTER 13 PLANS.
    `Sec. 1308. Filing of prepetition tax returns
    SEC. 817. STANDARDS FOR TAX DISCLOSURE.
    SEC. 818. SETOFF OF TAX REFUNDS.
 TITLE IX--ANCILLARY AND OTHER CROSS-BORDER CASES
    SEC. 901. AMENDMENT TO ADD CHAPTER 15 TO TITLE 11, UNITED STATES CODE.
 `CHAPTER 15--ANCILLARY AND OTHER CROSS-BORDER CASES
    `Sec. 1501. Purpose and scope of application
 `SUBCHAPTER I--GENERAL PROVISIONS
    `Sec. 1502. Definitions
    `Sec. 1503. International obligations of the United States
    `Sec. 1504. Commencement of ancillary case
    `Sec. 1505. Authorization to act in a foreign country
    `Sec. 1506. Public policy exception
    `Sec. 1507. Additional assistance
    `Sec. 1508. Interpretation
 `SUBCHAPTER II--ACCESS OF FOREIGN REPRESENTATIVES AND CREDITORS TO THE COURT
    `Sec. 1509. Right of direct access
    `Sec. 1510. Limited jurisdiction
    `Sec. 1511. Commencement of case under section 301 or 303
    `Sec. 1512. Participation of a foreign representative in a case under this title
    `Sec. 1513. Access of foreign creditors to a case under this title
    `Sec. 1514. Notification to foreign creditors concerning a case under this title
 `SUBCHAPTER III--RECOGNITION OF A FOREIGN PROCEEDING AND RELIEF
    `Sec. 1515. Application for recognition of a foreign proceeding
    `Sec. 1516. Presumptions concerning recognition
    `Sec. 1517. Order recognizing a foreign proceeding
    `Sec. 1518. Subsequent information
    `Sec. 1519. Relief that may be granted upon petition for recognition of a foreign proceeding
    `Sec. 1520. Effects of recognition of a foreign main proceeding
    `Sec. 1521. Relief that may be granted upon recognition of a foreign proceeding
    `Sec. 1522. Protection of creditors and other interested persons
    `Sec. 1523. Actions to avoid acts detrimental to creditors
    `Sec. 1524. Intervention by a foreign representative
 `SUBCHAPTER IV--COOPERATION WITH FOREIGN COURTS AND FOREIGN REPRESENTATIVES
    `Sec. 1525. Cooperation and direct communication between the court and foreign courts or foreign representatives
    `Sec. 1526. Cooperation and direct communication between the trustee and foreign courts or foreign representatives
    `Sec. 1527. Forms of cooperation
 `SUBCHAPTER V--CONCURRENT PROCEEDINGS
    `Sec. 1528. Commencement of a case under this title after recognition of a foreign main proceeding
    `Sec. 1529. Coordination of a case under this title and a foreign proceeding
    `Sec. 1530. Coordination of more than 1 foreign proceeding
    `Sec. 1531. Presumption of insolvency based on recognition of a foreign main proceeding
    `Sec. 1532. Rule of payment in concurrent proceedings
    SEC. 902. AMENDMENTS TO OTHER CHAPTERS IN TITLE 11, UNITED STATES CODE.
 TITLE X--FINANCIAL CONTRACT PROVISIONS
    SEC. 1001. TREATMENT OF CERTAIN AGREEMENTS BY CONSERVATORS OR RECEIVERS OF INSURED DEPOSITORY INSTITUTIONS.
    SEC. 1002. AUTHORITY OF THE CORPORATION WITH RESPECT TO FAILED AND FAILING INSTITUTIONS.
    SEC. 1003. AMENDMENTS RELATING TO TRANSFERS OF QUALIFIED FINANCIAL CONTRACTS.
    SEC. 1004. AMENDMENTS RELATING TO DISAFFIRMANCE OR REPUDIATION OF QUALIFIED FINANCIAL CONTRACTS.
    SEC. 1005. CLARIFYING AMENDMENT RELATING TO MASTER AGREEMENTS.
    SEC. 1006. FEDERAL DEPOSIT INSURANCE CORPORATION IMPROVEMENT ACT OF 1991.
    `SEC. 407. TREATMENT OF CONTRACTS WITH UNINSURED NATIONAL BANKS AND UNINSURED FEDERAL BRANCHES AND AGENCIES.
    SEC. 1007. BANKRUPTCY CODE AMENDMENTS.
    `Sec. 555. Contractual right to liquidate, terminate, or accelerate a securities contract'; and
    `Sec. 556. Contractual right to liquidate, terminate, or accelerate a commodities contract or forward contract'; and
    `Sec. 559. Contractual right to liquidate, terminate, or accelerate a repurchase agreement'; and
    `Sec. 560. Contractual right to liquidate, terminate, or accelerate a swap agreement'; and
    `Sec. 561. Contractual right to terminate, liquidate, accelerate, or offset under a master netting agreement and across contracts
    SEC. 1008. RECORDKEEPING REQUIREMENTS.
    SEC. 1009. EXEMPTIONS FROM CONTEMPORANEOUS EXECUTION ---REQUIREMENT.
    SEC. 1010. DAMAGE MEASURE.
    SEC. 1011. SIPC STAY.
    SEC. 1012. ASSET-BACKED SECURITIZATIONS.
    SEC. 1013. FEDERAL RESERVE COLLATERAL REQUIREMENTS.
    SEC. 1014. SEVERABILITY; EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
 TITLE XI--TECHNICAL CORRECTIONS
    SEC. 1101. DEFINITIONS.
    SEC. 1102. ADJUSTMENT OF DOLLAR AMOUNTS.
    SEC. 1103. EXTENSION OF TIME.
    SEC. 1104. TECHNICAL AMENDMENTS.
    SEC. 1105. PENALTY FOR PERSONS WHO NEGLIGENTLY OR FRAUDULENTLY PREPARE BANKRUPTCY PETITIONS.
    SEC. 1106. LIMITATION ON COMPENSATION OF PROFESSIONAL PERSONS.
    SEC. 1107. SPECIAL TAX PROVISIONS.
    SEC. 1108. EFFECT OF CONVERSION.
    SEC. 1109. AMENDMENT TO TABLE OF SECTIONS.
    SEC. 1110. ALLOWANCE OF ADMINISTRATIVE EXPENSES.
    SEC. 1111. PRIORITIES.
    SEC. 1112. EXEMPTIONS.
    SEC. 1113. EXCEPTIONS TO DISCHARGE.
    SEC. 1114. EFFECT OF DISCHARGE.
    SEC. 1115. PROTECTION AGAINST DISCRIMINATORY TREATMENT.
    SEC. 1116. PROPERTY OF THE ESTATE.
    SEC. 1117. PREFERENCES.
    SEC. 1118. POSTPETITION TRANSACTIONS.
    SEC. 1119. DISPOSITION OF PROPERTY OF THE ESTATE.
    SEC. 1120. GENERAL PROVISIONS.
    SEC. 1121. APPOINTMENT OF ELECTED TRUSTEE.
    SEC. 1122. ABANDONMENT OF RAILROAD LINE.
    SEC. 1123. CONTENTS OF PLAN.
    SEC. 1124. DISCHARGE UNDER CHAPTER 12.
    SEC. 1125. BANKRUPTCY CASES AND PROCEEDINGS.
    SEC. 1126. KNOWING DISREGARD OF BANKRUPTCY LAW OR RULE.
    SEC. 1127. TRANSFERS MADE BY NONPROFIT CHARITABLE CORPORATIONS.
    SEC. 1128. PROHIBITION ON CERTAIN ACTIONS FOR FAILURE TO INCUR FINANCE CHARGES.
    SEC. 1129. PROTECTION OF VALID PURCHASE MONEY SECURITY INTERESTS.
    SEC. 1130. TRUSTEES.
 TITLE XII--GENERAL EFFECTIVE DATE; APPLICATION OF AMENDMENTS
    SEC. 1201. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
 
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