[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6198 Enrolled Bill (ENR)]
H.R.6198
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
An Act
To amend title 11 of the United States Code to make technical
corrections; and for related 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 Technical Corrections Act
of 2010''.
SEC. 2. TECHNICAL CORRECTIONS RELATING TO AMENDMENTS MADE BY PUBLIC LAW
109-8.
(a) Title 11 of the United States Code.--Title 11 of the United
States Code is amended--
(1) in section 101--
(A) in paragraph (13A)--
(i) in subparagraph (A) by inserting ``if used as the
principal residence by the debtor'' after ``structure'' the
1st place it appears, and
(ii) in subparagraph (B) by inserting ``if used as the
principal residence by the debtor'' before the period at
the end,
(B) in paragraph (35) by striking ``(23) and (35)'' and
inserting ``(21B) and (33)(A)'',
(C) in paragraph (40B) by striking ``written document
relating to a patient or a'' and inserting ``record relating to
a patient, including a written document or a'',
(D) in paragraph (42) by striking ``303, and 304'' and
inserting ``303 and 1504'',
(E) in paragraph (51B) by inserting ``thereto'' before the
period at the end, and
(F) in paragraph (51D) by inserting ``of the filing'' after
``date'' the 1st place it appears,
(2) in section 103(a) by striking ``362(n)'' and inserting
``362(o)'',
(3) in section 105(d)(2) by inserting ``may'' after
``Procedure,'',
(4) in section 106(a)(1) by striking ``728,'',
(5) in section 107(a) by striking ``subsection (b) of this
section'' and inserting ``subsections (b) and (c)'',
(6) in section 109--
(A) in subsection (b)(3)(B) by striking ``1978'' and
inserting ``1978)'', and
(B) in subsection (h)(1)--
(i) by inserting ``other than paragraph (4) of this
subsection'' after ``this section'', and
(ii) by striking ``preceding'' and inserting ``ending
on'',
(7) in section 110--
(A) in subsection (b)(2)(A) by inserting ``or on behalf
of'' after ``from'', and
(B) in subsection (h)--
(i) in the last sentence of paragraph (1)--
(I) by striking ``a'' and inserting ``the'', and
(II) by inserting ``or on behalf of'' after
``from'',
(ii) in paragraph (3)(A)--
(I) by striking ``found to be in excess of the
value of any services'', and
(II) in clause (i) by inserting ``found to be in
excess of the value of any services'' after ``(i)'',
and
(iii) in paragraph (4) by striking ``paragraph (2)''
and inserting ``paragraph (3)'',
(8) in section 111(d)(1)(E)--
(A) by striking the period at the end and insert ``; and'',
and
(B) by indenting the left margin of such subparagraph 2
additional ems to the right,
(9) in section 303 by redesignating subsection (l) as
subsection (k),
(10) in section 308(b)--
(A) by striking ``small business debtor'' and inserting
``debtor in a small business case'', and
(B) in paragraph (4)--
(i) in subparagraph (A)--
(I) by striking ``(A)'', and
(II) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively,
(ii) in subparagraph (B)--
(I) by striking ``(B)'' and inserting ``(5)'',
(II) by striking ``subparagraph (A)(i)'' and
inserting ``paragraph (4)(A)'', and
(III) by striking ``subparagraph (A)(ii)'' and
inserting ``paragraph (4)(B)'',
(iii) by redesignating subparagraph (C) as paragraph
(6), and
(11) in section 348--
(A) in subsection (b)--
(i) by striking ``728(a), 728(b),'', and
(ii) by striking ``1146(a), 1146(b),'', and
(B) in subsection (f)(1)(C)(i) by inserting ``of the
filing'' after ``date'',
(12) in section 362--
(A) in subsection (a)(8)--
(i) by striking ``corporate debtor's'', and
(ii) by inserting ``of a debtor that is a corporation''
after ``liability'' the 1st place it appears,
(B) in subsection (c)--
(i) in paragraph (3), in the matter preceding
subparagraph (A), by inserting ``a'' after ``against'', and
(ii) in paragraph (4)(A)(i) by inserting ``under a
chapter other than chapter 7 after dismissal'' after
``refiled'',
(C) in subsection (d)(4) by striking ``hinder, and'' and
inserting ``hinder, or'', and
(D) in subsection (l)(2) by striking ``nonbankrupcty'' and
inserting ``nonbankruptcy'',
(13) in section 363(d)--
(A) in the matter preceding paragraph (1) by striking
``only'',
(B) by amending paragraph (1) to read as follows:
``(1) in the case of a debtor that is a corporation or trust
that is not a moneyed business, commercial corporation, or trust,
only in accordance with nonbankruptcy law applicable to the
transfer of property by a debtor that is such a corporation or
trust; and'', and
(C) in paragraph (2) by inserting ``only'' after ``(2)'',
(14) in section 505(a)(2)(C) by striking ``any law (other than
a bankruptcy law)'' and inserting ``applicable nonbankruptcy law'',
(15) in section 507(a)(8)(A)(ii) by striking the period at the
end and inserting ``; or'',
(16) in section 521(a)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``the debtor shall'', and
(II) by adding ``and'' at the end,
(ii) in subparagraph (B)--
(I) by striking ``the debtor shall'', and
(II) by striking ``and'' at the end, and
(iii) in subparagraph (C) by striking ``(C)'' and
inserting the following:
``except that'', and
(B) in paragraphs (3) and (4) by inserting ``is'' after
``auditor'',
(17) in section 522--
(A) in subsection (b)(3)(A)--
(i) by striking ``at'' the 1st place it appears and
inserting ``to'', and
(ii) by striking ``at'' the 2d place it appears and
inserting ``in'', and
(B) in subsection (c)(1) by striking ``section 523(a)(5)''
and inserting ``such paragraph'',
(18) in section 523(a)--
(A) in paragraph (2)(C)(ii)(II) by striking the period at
the end and inserting a semicolon, and
(B) in paragraph (3) by striking ``521(1)'' and inserting
``521(a)(1)'',
(19) in section 524(k)--
(A) in the last undesignated paragraph of the quoted matter
in paragraph (3)(J)(i)--
(i) by striking ``security property'' the 1st place it
appears and inserting ``property securing the lien'',
(ii) by striking ``current value of the security
property'' and inserting ``amount of the allowed secured
claim'', and
(iii) in the last sentence by inserting ``must'' after
``you'', and
(B) in paragraph (5)(B) by striking ``that'' and inserting
``that,'',
(20) in section 526(a)--
(A) in paragraph (2) by striking ``untrue and'' and
inserting ``untrue or'', and
(B) in paragraph (4) by inserting ``a'' after ``preparer'',
(21) in the 3d sentence of the 4th undesignated paragraph of
the quoted matter in section 527(b), by striking ``Schedules and
Statement of Financial Affairs, as well as in some cases a
Statement of Intention'' and inserting ``Schedules, and Statement
of Financial Affairs, and in some cases a Statement of
Intention,'',
(22) in section 541(b)(6)(B) by striking ``section 529(b)(7)''
and inserting ``section 529(b)(6)'',
(23) in section 554(c) by striking ``521(1)'' and inserting
``521(a)(1)'',
(24) in section 704(a)(3) by striking ``521(2)(B)'' and
inserting ``521(a)(2)(B)'',
(25) in section 707--
(A) in subsection (a)(3) by striking ``521'' and inserting
``521(a)'', and
(B) in subsection (b)--
(i) in paragraph (2)(A)(iii)(I) by inserting ``of the
filing'' after ``date'', and
(ii) in paragraph (3) by striking ``subparagraph (A)(i)
of such paragraph'' and inserting ``paragraph (2)(A)(i)'',
(26) in section 723(c) by striking ``Notwithstanding section
728(c) of this title, the'' and inserting ``The'',
(27) in section 724(b)(2)--
(A) by striking ``507(a)(1)'' and inserting ``507(a)(1)(C)
or 507(a)(2)'',
(B) by inserting ``under each such section'' after
``expenses'' the 1st place it appears,
(C) by striking ``chapter 7 of this title'' and inserting
``this chapter'', and
(D) by striking ``507(a)(2),'' and inserting
``507(a)(1)(A), 507(a)(1)(B),'',
(28) in section 726(b) by striking ``or (8)'' and inserting
``(8), (9), or (10)'',
(29) in section 901(a)--
(A) by inserting ``333,'' after ``301,'', and
(B) by inserting ``351,'' after ``350(b)'',
(30) in section 1104--
(A) in subsection (a)
(i) in paragraph (1) by inserting ``or'' at the end,
(ii) in paragraph (2) by striking ``; or'' and
inserting a period, and
(iii) by striking paragraph (3), and
(B) in subsection (b)(2)(B)(ii) by striking ``subsection
(d)'' and inserting ``subsection (a)'',
(31) in section 1106(a)--
(A) in paragraph (1) by striking ``704'' and inserting
``704(a)'', and
(B) in paragraph (2) by striking ``521(1)'' and inserting
``521(a)(1)'',
(32) in section 1111(a) by striking ``521(1)'' and inserting
``521(a)(1)'',
(33) amending section 1112--
(A) in subsection (b)--
(i) by amending paragraph (1) to read as follows:
``(1) Except as provided in paragraph (2) and subsection (c), on
request of a party in interest, and after notice and a hearing, the
court shall convert a case under this chapter to a case under chapter 7
or dismiss a case under this chapter, whichever is in the best
interests of creditors and the estate, for cause unless the court
determines that the appointment under section 1104(a) of a trustee or
an examiner is in the best interests of creditors and the estate.'',
and
(ii) in paragraph (2)--
(I) by striking the matter preceding subparagraph
(A) and inserting the following:
``(2) The court may not convert a case under this chapter to a case
under chapter 7 or dismiss a case under this chapter if the court finds
and specifically identifies unusual circumstances establishing that
converting or dismissing the case is not in the best interests of
creditors and the estate, and the debtor or any other party in interest
establishes that--'', and
(II) in subparagraph (B) by striking ``granting
such relief'' and inserting ``converting or dismissing
the case'', and
(B) in subsection (e) by striking ``521'' and inserting
``521(a)'',
(34) in section 1127(f)(1) by striking ``subsection (a)'' and
inserting ``subsection (e)'',
(35) in section 1129(a)(16) by striking ``of the plan'' and
inserting ``under the plan'',
(36) in section 1141(d)(5)--
(A) in subparagraph (B)--
(i) in clause (i) by striking ``and'' at the end; and
(ii) by adding at the end the following:
``(iii) subparagraph (C) permits the court to grant a
discharge; and'', and
(B) in subparagraph (C) --
(i) by striking ``unless'' and inserting ``the court
may grant a discharge if,'',
(ii) in clause (ii) by striking the period at the end
and inserting a semicolon, and
(iii) by adding at the end the following:
``and if the requirements of subparagraph (A) or (B) are met.'',
(37) in section 1145(b) by striking ``2(11)'' each place it
appears and inserting ``2(a)(11)'',
(38) in section 1202(b)--
(A) in paragraph (1) by striking ``704(2), 704(3), 704(5),
704(6), 704(7), and 704(9)'' and inserting ``704(a)(2),
704(a)(3), 704(a)(5), 704(a)(6), 704(a)(7), and 704(a)(9)'',
and
(B) in paragraph (5) by striking ``704(8)'' and inserting
``704(a)(8)'',
(39) in section 1302(b)(1) by striking ``704(2), 704(3),
704(4), 704(5), 704(6), 704(7), and 704(9)'' and inserting
``704(a)(2), 704(a)(3), 704(a)(4), 704(a)(5), 704(a)(6), 704(a)(7),
and 704(a)(9)'',
(40) in section 1304(c) by striking ``704(8)'' and inserting
``704(a)(8)'',
(41) in section 1307--
(A) in subsection (c)--
(i) by striking ``subsection (e)'' and inserting
``subsection (f)'',
(ii) in paragraph (9) by striking ``521'' and inserting
``521(a)'', and
(iii) in paragraph (10) by striking ``521'' and
inserting ``521(a)', and
(B) in subsection (d) by striking ``subsection (e)'' and
inserting ``subsection (f)'',
(42) in section 1308(b)(2)--
(A) in subparagraph (A) by striking ``paragraph (1)'' and
inserting ``paragraph (1)(A)'',
(B) in subparagraph (B) by striking ``paragraph (2)'' and
inserting ``paragraph (1)(B)'', and
(C) by striking ``this subsection'' each place it appears
and inserting ``paragraph (1)'',
(43) in section 1322(a)--
(A) by striking ``shall'' the 1st place it appears,
(B) in paragraph (1) by inserting ``shall'' after ``(1)'',
(C) in paragraph (2) by inserting ``shall'' after ``(2)'',
(D) in paragraph (3) by inserting ``shall'' after
``claims,'', and
(E) in paragraph (4) by striking ``a plan'',
(44) in section 1325--
(A) in the last sentence of subsection (a) by inserting
``period'' after ``910-day'', and
(B) in subsection (b)(2)(A)(ii) by striking ``548(d)(3)''
and inserting ``548(d)(3))'',
(45) in the heading of section 1511 by inserting ``, 302,''
after ``301'',
(46) in section 1519(f) by striking ``362(n)'' and inserting
``362(o)'',
(47) in section 1521(f) by striking ``362(n)'' and inserting
``362(o)'',
(48) in section 1529(1) by inserting ``is'' after ``States'',
(49) in the table of sections of chapter 3, by striking the
item relating to section 333 and inserting the following:
``333. Appointment of patient care ombudsman.'', and
(50) in the table of sections of chapter 5, by striking the
item relating to section 562 and inserting the following:
``562. Timing of damage measure in connection with swap agreements,
securities contracts, forward contracts, commodity contracts,
repurchase agreements, and master netting agreements.''.
(b) Title 18 of the United States Code.--Section 157 of title 18,
United States Code is amended--
(1) in paragraph (1) by striking ``bankruptcy'', and
(2) in paragraphs (2) and (3) by striking ``, including a
fraudulent involuntary bankruptcy petition under section 303 of
such title''.
(c) Title 28 of the United States Code.--
(1) Amendment relating to appeals.--Section 158(d)(2)(D) of
title 28 of the United States Code is amended by striking ``appeal
in'' and inserting ``appeal is''.
(2) Amendment relating to bankruptcy statistics.--Section
159(c)(3)(H) of title 28 of the United States Code is amended by
inserting ``the'' after ``against''.
(3) Technical amendments.--Section 586(a) of title 28 of the
United States Code is amended--
(A) in paragraph (3)(A)(ii) is amended by striking the
period at the end and inserting a semicolon,
(B) in paragraph (7)(C) by striking ``identify'' and
inserting ``determine'', and
(C) in paragraph (8) by striking ``the United States
trustee shall''.
SEC. 3. TECHNICAL CORRECTION TO PUBLIC LAW 109-8.
Section 1406(b)(1) of Public Law 109-8 is amended by striking
``cept'' and inserting ``Except''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.