[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 764 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 764

To make technical corrections to title 11, United States Code, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 13, 1997

  Mr. Hyde (for himself, Mr. Gekas, and Mr. McCollum) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To make technical corrections to title 11, United States Code, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bankruptcy Amendments of 1997''.

SEC. 2. DEFINITIONS.

    Section 101 of title 11, United States Code, is amended--
            (1) by striking ``In this title--'' and inserting ``In this 
        title:'';
            (2) in paragraph (51B)--
                    (A) by inserting ``family farms or'' after ``other 
                than''; and
                    (B) by striking all after ``thereto'' and inserting 
                a semicolon;
            (3) in paragraph (35)(B) by striking ``paragraphs (21B) and 
        (33)(A)'' and inserting ``paragraphs (23) and (35)'';
            (4) in each paragraph, by inserting ``The term'' after the 
        paragraph designation;
            (5) in each paragraph (as amended by paragraph (4)) by 
        inserting after the paragraph designation a heading, the text 
        of which is--
                    (A) comprised of the term defined in the paragraph;
                    (B) printed in capital and small capital typeface; 
                and
                    (C) followed by a period and a 1-em dash;
            (6) in paragraphs (35A) and (38) by striking ``; and'' at 
        the end and inserting a period;
            (7) in paragraphs (1) through (35), in paragraphs (36) and 
        (37), and in paragraphs (40) through (55), by striking the 
        semicolon at the end and inserting a period; and
            (8) by redesignating paragraphs (4) through (55) in 
        numerical sequence.

SEC. 3. ADJUSTMENT OF DOLLAR AMOUNTS.

    Section 104 of title 11, United States Code, is amended by 
inserting ``522(f)(3),'' after ``522(d),'' each place it appears.

SEC. 4. COMPENSATION TO OFFICERS.

    Section 330(a) of title 11, United States Code, is amended--
            (1) in paragraph (1) by inserting ``, or the debtor's 
        attorney'' after ``1103''; and
            (2) in paragraph (3) by striking ``(3)(A) In'' and 
        inserting ``(3) In''.

SEC. 5. EFFECT OF CONVERSION.

    Section 348(f)(2) of title 11, United States Code, is amended by 
inserting ``of the estate'' after ``property'' the first place it 
appears.

SEC. 6. EXECUTORY CONTRACTS AND UNEXPIRED LEASES.

    Section 365 of title 11, United States Code, is amended--
            (1) in subsection (b)(2)--
                    (A) in subparagraph (C) by striking ``or'' at the 
                end; and
                    (B) by striking subparagraph (D) and inserting the 
                following:
            ``(D) the satisfaction of any penalty rate in any executory 
        contract or unexpired lease; or
            ``(E) the satisfaction of any provision relating to a 
        default arising from any failure by the debtor to perform 
        nonmonetary obligations under any executory contract or 
        unexpired lease other than an unexpired lease of personal 
        property.'';
            (2) in subsection (c)--
                    (A) in paragraph (2) by adding ``or'' at the end;
                    (B) in paragraph (3) by striking ``or'' at the end 
                and inserting a period; and
                    (C) by striking paragraph (4);
            (3) in subsection (d)--
                    (A) by striking paragraphs (5) through (9); and
                    (B) by redesignating paragraph (10) as paragraph 
                (5); and
            (4) in subsection (f)(1) by striking ``; except that'' and 
        all that follows through the end of the paragraph and inserting 
        a period.

SEC. 7. ALLOWANCE OF ADMINISTRATIVE EXPENSES.

    Section 503(b)(4) of title 11, United States Code, is amended by 
inserting ``subparagraph (A), (B), (C), (D), or (E) of'' before 
``paragraph (3)''.

SEC. 8. PRIORITIES.

    Section 507(a)(7) of title 11, United States Code, is amended by 
inserting ``unsecured'' after ``allowed''.

SEC. 9. EXEMPTIONS.

    Section 522 of title 11, United States Code, is amended--
            (1) in subsection (f)(1)(A)(ii)(II)--
                    (A) by striking ``includes a liability designated 
                as'' and inserting ``is for a liability that is 
                designated as, and is actually in the nature of,''; and
                    (B) by striking ``, unless'' and all that follows 
                through the period; and
            (2) in subsection (g)(2) by striking ``subsection (f)(2)'' 
        and inserting ``subsection (f)(1)(B)''.

SEC. 10. EXCEPTIONS TO DISCHARGE.

    Section 523 of title 11, United States Code, is amended--
            (1) as amended by section 304(e) of Public Law 103-394 (108 
        Stat. 4133), in paragraph (15)--
                    (A) by inserting ``or'' after the semicolon at the 
                end; and
                    (B) by transferring such paragraph so as to insert 
                it after paragraph (14) of subsection (a); and
            (2) in subsection (a)--
                    (A) in paragraph (3) by striking ``or (6)'' each 
                place it appears and inserting ``(6), or (15)''; and
                    (B) in paragraph (9) by inserting ``, watercraft, 
                or aircraft'' after ``motor vehicle''.

SEC. 11. PROTECTION AGAINST DISCRIMINATORY TREATMENT.

    Section 525(c) of title 11, United States Code, is amended--
            (1) in paragraph (1) by inserting ``student'' before 
        ``grant'' the second place it appears; and
            (2) in paragraph (2) by striking ``the program operated 
        under part B, D, or E of'' and inserting ``any program operated 
        under''.

SEC. 12. PROPERTY OF THE ESTATE.

    Section 541(b)(4)(B)(ii) of title 11, United States Code, is 
amended by inserting ``365 or'' before ``542''.

SEC. 13. LIMITATIONS ON AVOIDING POWERS.

    Subsection (g) of section 546 of title 11, United States Code, as 
added by section 222(a) of the Bankruptcy Reform Act of 1994 (108 Stat. 
4129), is redesignated as subsection (h).

SEC. 14. LIABILITY OF TRANSFEREE OF AVOIDED TRANSFER.

    (a) In General.--Section 550(c) of title 11, United States Code, is 
amended--
            (1) in paragraph (1) by striking ``avoided under section 
        547(b)'' and inserting ``avoidable under section 547''; and
            (2) in the matter following paragraph (2) by striking 
        ``recover under subsection (a) from a transferee that is not an 
        insider'' and inserting ``avoid under section 547 such 
        transfer, to the extent that such transfer was made for the 
        benefit of a transferee that was not an insider at the time of 
        such transfer, or recover under subsection (a) from a 
        transferee that was not an insider at the time of such 
        transfer''.
    (b) Conforming Amendment.--Section 547(b) of title 11, United 
States Code, is amended by inserting ``or in section 550(c) of this 
title'' after ``subsection (c) of this section''.

SEC. 15. SETOFF.

    Section 553(b)(1) of title 11, United States Code, is amended by 
striking ``362(b)(14)'' and inserting ``362(b)(17)''.

SEC. 16. DISPOSITION OF PROPERTY OF THE ESTATE.

    Section 726(b) of title 11, United States Code, is amended by 
striking ``1009,''.

SEC. 17. GENERAL PROVISIONS.

    Section 901(a) of title 11, United States Code, is amended by 
inserting ``1123(d),'' after ``1123(b),''.

SEC. 18. DISCHARGE.

    Section 1228 of title 11, United States Code, is amended by 
striking ``1222(b)(10)'' each place it appears and inserting 
``1222(b)(9)''.

SEC. 19. CONTENTS OF PLAN.

    Section 1322 of title 11, United States Code, is amended--
            (1) in subsection (b) by striking ``(c)'' and inserting 
        ``(d)''; and
            (2) in subsection (e) by striking the comma after 
        ``default'' the second place it appears.

SEC. 20. APPOINTMENT OF TRUSTEE.

    Section 1104(b) of title 11, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(b)''; and
            (2) by adding at the end the following new paragraph:
    ``(2)(A) If an eligible, disinterested trustee is elected at a 
meeting of creditors under paragraph (1), the United States trustee 
shall file a report certifying that election. Upon the filing of a 
report under the preceding sentence--
            ``(i) the trustee elected under paragraph (1) shall be 
        considered to have been selected and appointed for purposes of 
        this section; and
            ``(ii) the service of any trustee appointed under 
        subsection (d) shall terminate.
    ``(B) In the case of any dispute arising out of an election under 
subparagraph (A), the court shall resolve the dispute.''.

SEC. 21. KNOWING DISREGARD OF BANKRUPTCY LAW OR RULE.

    Section 156(a) of title 18, United States Code, is amended by 
striking ``case under this title'' and inserting ``case under title 
11''.

SEC. 22. BANKRUPTCY CASES AND PROCEEDINGS.

    Section 1334(d) of title 28, United States Code, is amended--
            (1) by striking ``made under this subsection'' and 
        inserting ``made under subsection (c)''; and
            (2) by striking ``This subsection'' and inserting 
        ``Subsection (c)''.

SEC. 23. AUTOMATIC STAY.

    Section 362(b) of title 11, United States Code, is amended--
            (1) in paragraph (1) by inserting before the semicolon the 
        following: ``(including the criminal enforcement of a judicial 
        order requiring the payment of child support)''; and
            (2) in paragraph (3) by inserting ``, or a security 
        interest in real property to which section 547(c)(3) applies,'' 
        after ``property''.

SEC. 24. EFFECTIVE DATE OF AMENDMENTS.

    (a) In General.--Except as provided in subsection (b) of this 
section, the amendments made by this Act shall apply to all cases 
pending on the date of enactment of this Act, or commenced on or after 
the date of enactment of this Act, under title 11 of the United States 
Code.
    (b) Exception.--The amendments made by sections 2(2)(B), 6(1), and 
10(2)(B) of this Act shall apply to all cases commenced on or after the 
date of enactment of this Act under title 11 of the United States Code.
                                 <all>