[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1128 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1128

    To amend title 11 of the United States Code with respect to the 
                dismissal of certain involuntary cases.


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                   IN THE SENATE OF THE UNITED STATES

                              May 22, 2003

  Mr. Feingold (for himself, Mr. Leahy, and Mr. Kohl) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

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                                 A BILL


 
    To amend title 11 of the United States Code with respect to the 
                dismissal of certain involuntary cases.

    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 ``Involuntary Bankruptcy Improvement 
Act of 2003''.

SEC. 2. INVOLUNTARY CASES.

    Section 303 of title 11, United States Code, is amended by adding 
at the end the following:
    ``(l)(1) If--
            ``(A) the petition under this section is false or contains 
        any materially false, fictitious, or fraudulent statement;
            ``(B) the debtor is an individual; and
            ``(C) the court dismisses such petition;
the court, upon motion of the debtor, shall expunge from the records of 
the court such petition, all the records relating to such petition in 
particular, and all references to such petition.
    ``(2) If the debtor is an individual and the court dismisses a 
petition under this section, the court may enter an order prohibiting 
all consumer reporting agencies (as defined in section 603(f) of the 
Fair Credit Reporting Act (15 U.S.C. 1681a(f))) from making any 
consumer report (as defined in section 603(d) of that Act) that 
contains any information relating to such petition or to the case 
commenced by the filing of such petition.''