[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3581 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 3581

 To amend title 28 of the United States Code with respect to venue in 
certain preference proceedings under title 11 of the United States Code 
           commenced by the trustee against small businesses.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 21, 2003

  Mr. Baker introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 28 of the United States Code with respect to venue in 
certain preference proceedings under title 11 of the United States Code 
           commenced by the trustee against small businesses.

    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 ``Small Business Bankruptcy Venue 
Relief Act of 2003''.

SEC. 2. VENUE IN CERTAIN PREFERENCE PROCEEDINGS UNDER TITLE 11 OF THE 
              UNITED STATES CODE AGAINST CREDITORS THAT ARE SMALL 
              BUSINESSES.

    Section 1409(b) of title 28, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(b)'',
            (2) by striking ``case to'' and inserting the following:
``case--
            ``(A) to'',
            (3) by striking ``$5,000 only'' and inserting the 
        following:
        ``$5,000; or
            ``(B) to avoid a transfer under section 547 of title 11 to 
        or for the benefit of a creditor that is a small business and 
        that was not an insider at the time of such transfer, for or on 
        account of an antecedent debt that is not a consumer debt;
only'', and
            (4) by adding at the end the following:
    ``(2) For purposes of paragraph (1), the term `small business' 
means a person that is engaged in commercial or business activities 
and, as determined in the date on which such proceeding is commenced, 
has fewer than 25 full-time employees.''.

SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

    (a) Effective Date.--Except as provided in subsection (b), this Act 
and the amendments made by this Act shall take effect on the date of 
the enactment of this Act.
    (b) Application of Amendments.--The amendments made by this Act 
shall apply only with respect to cases commenced under title 11 of the 
United States Code on or after the date of the enactment of this Act.
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