[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6198 Referred in Senate (RFS)]

111th CONGRESS
  2d Session
                                H. R. 6198


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 29, 2010

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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,
                    (F) in paragraph (51D) by inserting ``of the 
                filing'' after ``date'' the 1st place it appears, and
                    (G) by redesignating paragraphs (56A) and (53D) as 
                (53D) and (53E), respectively,
            (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''.

            Passed the House of Representatives September 28, 2010.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.