II 109th CONGRESS 1st Session S. 1647 IN THE SENATE OF THE UNITED STATES September 8, 2005 Mr. Feingold (for himself, Ms. Landrieu, Mr. Leahy, Mr. Durbin, Mr. Lieberman, Mr. Kennedy, Mr. Bayh, Mrs. Clinton, Ms. Cantwell, Mr. Akaka, Mr. Obama, Mr. Harkin, Mrs. Boxer, Mr. Salazar, Mr. Corzine, and Mrs. Feinstein) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 11, United States Code, to provide relief to victims of Hurricane Katrina and other natural disasters.

1.

Short title

This Act may be cited as the Hurricane Katrina Bankruptcy Relief and Community Protection Act of 2005.

2.

Bankruptcy Relief for Victims of Hurricane Katrina

(a)

In general

Notwithstanding any other provision of law, the provisions of title 11, United States Code, as in effect on August 29, 2005, shall apply to any case described in subsection (b). (b)

Eligibility

A case described in this subsection is a case commenced during the 12-month period beginning on the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, under title 11, United States Code (other than under chapter 12 of that title 11), by or on behalf of a debtor— (1)who resides, or who resided on August 29, 2005, in any area that is subject to a declaration by the President of a major disaster, as defined under section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122) in connection with Hurricane Katrina; and (2)whose financial condition is materially adversely affected by the major disaster.

3.

Definitions; who may be a debtor

(a)

Current monthly income

Section 101(10A)(B) of title 11, United States Code, is amended— (1)by striking and payments and inserting payments; and (2)by inserting before the period at the end , and payments to victims of a natural disaster, on account of their status as victims of a natural disaster. (b)

Natural disaster; natural disaster zone

Section 101 of title 11, United States Code, is amended— (1)by redesignating paragraphs (40A) and (40B) as paragraphs (40C) and (40D), respectively; and (2)by inserting after paragraph (40) the following: (40A)The term natural disaster means— (A)a major disaster, as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122); or (B)a situation similar to such a major disaster (as so defined), with respect to which a determination is made in accordance with State law that such situation exists. (40B)The term natural disaster zone means the geographical area included in the determination of a natural disaster. . (c)

Victim of natural disaster

Section 101 of title 11, United States Code, is amended by adding at the end the following: (56)The term victim of a natural disaster means a person— (A)whose financial condition is materially adversely affected by a natural disaster; and (B)whose domicile, residence, or principal place of business in the United States, or whose principal assets in the United States, were located in a natural disaster zone immediately preceding the event that caused the natural disaster. . (d)

Who may be a debtor

Section 109(h)(4) of title 11, United States Code, is amended by inserting natural disaster, after disability,.

4.

Amendments to chapter 3

Section 362(b)(22) of title 11, United States Code, is amended by inserting (excluding a debtor who is a victim of a natural disaster) after debtor the first place that term appears.

5.

Amendments to chapter 5

Section 521 of title 11, United States Code, is amended by adding at the end the following: (k)The Court may extend any time period specified in this section as may be necessary if— (1)the debtor is a victim of a natural disaster; and (2)the debtor’s status as a victim of a natural disaster necessitates such extension of time. .

6.

Amendments to chapter 7

(a)

Debtor’s monthly expenses

Section 707(b)(2)(A)(ii) of title 11, United States Code, is amended by adding at the end the following: (IV)In addition, the debtor’s monthly expenses may include the actual reasonably necessary expenses incurred as a result of being a victim of a natural disaster. . (b)

Limitation on conversion of case

Section 707(b)(2) of title 11, United States Code, is amended by adding at the end the following: (E)Subparagraphs (A), (B), and (C) shall not apply, and the court may not dismiss or convert a case under this subsection, if the debtor is a victim of a natural disaster. .

7.

Amendments to chapter 11

(a)

Conversion of case

Section 1112(b) of title 11, United States Code, is amended— (1)in paragraph (2)(B)(i), by inserting , including a natural disaster before the semicolon; and (2)in paragraph (3), by inserting (including a natural disaster) after circumstances. (b)

Who may file a plan

Section 1121(e)(3) of title 11, United States Code, is amended— (1)in subparagraph (A), by inserting (i) after (A); (2)in subparagraph (C), by striking the period at the end and inserting ; or; (3)by redesignating subparagraphs (B) and (C) as clauses (ii) and (iii), respectively; and (4)by adding at the end the following: (B)the debtor is unable to meet the deadline because of a natural disaster. . (c)

Extension of time for small businesses

Chapter 11 of title 11, United States Code, is amended— (1)in the table of sections, by adding at the end the following: § 1117. Extension of time for small businesses ; and(2)in subchapter I, by adding at the end the following:

1117.

Extension of time for small businesses

Notwithstanding any other provision of this title, in a small business case, the court may extend any deadline specified in this chapter if the court finds that such extension is— (1)necessary to protect the best interests of the creditors and the estate; or (2)warranted by a natural disaster.

.

8.

Amendments to chapter 13

(a)

Conversion or dismissal

Section 1307(e) of title 11, United States Code, is amended by adding at the end the following: The Court may extend any time period specified in this subsection as may be necessary if—(1)the debtor is a victim of a natural disaster; and (2)the debtor’s status as a victim of a natural disaster necessitates such extension of time. . (b)

Filing of prepetition tax returns

Section 1308 of title 11, United States Code, is amended by adding at the end the following: (d)The Court may extend any time period specified in this subsection as may be necessary if— (1)the debtor is a victim of a natural disaster; and (2)the debtor’s status as a victim of a natural disaster necessitates such extension of time. .

9.

Amendments to title 28, United States Code

Section 1408 of title 28, United States Code, is amended— (1)by inserting (a) before Except, and (2)by adding at the end the following: (b)If a case under title 11 cannot be commenced in a district court described in subsection (a) because a person is the victim of a natural disaster (as defined in section 101 of title 11), then a case under title 11 may be commenced by such person in the district court for the district in which such person resides. .

10.

Effective date; application of amendments

(a)

Effective date

This Act and the amendments made by this Act shall take effect on October 18, 2005. (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 and after October 17, 2005.