1.This Act may be cited as the
Bankruptcy Technical Corrections Act
of 2010
.
2.Technical
corrections relating to amendments made by
Public Law
109–8
(a)Title
11 of the United States
CodeTitle 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
CodeSection 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 appealsSection 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 statisticsSection 159(c)(3)(H) of title 28 of
the United States Code is amended by inserting the
after
against
.
(3)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
.
3.Technical
correction to Public Law 109–8Section 1406(b)(1) of
Public Law
109–8 is amended by striking cept
and inserting
Except
.
Passed the House of
Representatives September 28, 2010.
Lorraine C. Miller,
Clerk.