[Congressional Record Volume 156, Number 129 (Thursday, September 23, 2010)]
[Extensions of Remarks]
[Pages E1730-E1731]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   H.R. 6198, THE ``BANKRUPTCY TECHNICAL CORRECTIONS ACT OF 2010''--
                     SECTION-BY-SECTION EXPLANATION

                                 ______
                                 

                         HON. JOHN CONYERS, JR.

                              of michigan

                    in the house of representatives

                      Thursday, September 23, 2010

  Mr. CONYERS. Madam Speaker, below is a description of legislation I 
have introduced today.
  Sec. I. Short Title. Section 1 sets forth the short title of the bill 
as the ``Bankruptcy Technical Corrections Act of 2010.''
  Sec. 2. Technical Corrections Relating to Amendments Made by Public 
Law 109-8. Section 2 makes a series of technical corrections to the 
Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (2005 
Act).
  Subsection (a)(1)(A) amends section 101(13A) of title 11 of the 
United States Code (Bankruptcy Code), which defines ``debtor's 
principal residence.'' The amendment clarifies that the definition 
pertains to a structure used by the debtor as a principal residence.
  Subsection (a)(1)(B) amends Bankruptcy Code section 101(35), which 
defines ``insured depository institution.'' The amendment corrects 
erroneous statutory references in this provision.
  Subsection (a)(1)(C) amends Bankruptcy Code section 101(40B), which 
defines ``patient records.'' The amendment clarifies that the term 
means a record relating to a patient, including a written document or 
an electronic record.
  Subsection (a)(1)(D) amends Bankruptcy Code section 101(42), which 
defines ``petition.'' The amendment deletes the reference to section 
304 of the Bankruptcy Code, which was eliminated as a result of the 
2005 Act, and adds a reference to section 1504, which was added by the 
2005 Act.
  Subsection (a)(1)(E) amends Bankruptcy Code section 101(51D), which 
defines ``small business debtor.'' The amendment clarifies that the 
debt limit specified therein is determined as of the date of the filing 
of the petition.
  Subsection (a)(1)(F) redesignates paragraphs (56A) and (53D) of 
Bankruptcy Code section 101 as (53D) and (53E), respectively.
  Subsection (a)(2) amends Bankruptcy Code section 103(a), which 
pertains to the applicability of chapters of the Code. The amendment 
corrects an erroneous statutory reference in this provision.
  Subsection (a)(3) amends Bankruptcy Code section 105(d)(2), which 
pertains to status conferences. The amendment makes a grammatical 
correction.
  Subsection (a)(4) amends Bankruptcy Code section 106(a)(1), which 
pertains to the waiver of sovereign immunity. The amendment deletes a 
reference to Bankruptcy Code section 728, which was eliminated by the 
2005 Act.
  Subsection (a)(5) amends Bankruptcy Code section 107(a), which 
pertains to public access to bankruptcy cases. The amendment corrects a 
drafting instruction error.
  Subsection (a)(6) makes several amendments to Bankruptcy Code section 
109, which sets forth the eligibility criteria for a debtor. Subsection 
(a)(6)(A) amends Bankruptcy Code section 109(b)(3)(B) to add a missing 
parenthesis. Subsection (a)(6)(B) makes a conforming amendment to 
Bankruptcy Code section 109(h)(1) to clarify that Bankruptcy Code 
section 109(h)(4) is an exception. In addition, subsection (a)(6)(B) 
clarifies that the 180-day period ends on the date of the filing of the 
petition.
  Subsection (a)(7) amends Bankruptcy Code section 110, which pertains 
to bankruptcy petition preparers. It makes conforming amendments to 
Bankruptcy Code section 110(b)(2)(A) and (h)(1) so that they conform to 
other provisions in section 110 with respect to fees received by a 
petition preparer on behalf of a debtors. In addition, subsection 
(a)(7) restructures section 110(h)(3) to clarify the court's authority 
to disallow fees under this provision.
  Subsection (a)(8) amends Bankruptcy Code section 111, which concerns 
nonprofit budget and credit counseling agencies and financial 
management instructional courses. The amendment corrects two 
typographical errors in Bankruptcy Code section 111(d)(1)(E). The first 
error concerns incorrect punctuation and the second error pertains to 
incorrect indentation of the subparagraph.
  Subsection (a)(9) amends Bankruptcy Code section 303, which pertains 
to involuntary bankruptcy cases. The amendment corrects the 
misdesignation of subsection (l) by redesignating it as subsection (k).
  Subsection (a)(10) amends Bankruptcy Code section 308, which concerns 
reporting requirements for small business debtors. The amendment 
restructures subsection 308(b)(4) to clarify its intent.
  Subsection (a)(11) makes two amendments to Bankruptcy Code section 
348, which pertains to the effect of conversion of a case. First, it 
amends Bankruptcy Code section 348(b) to strike references to 
Bankruptcy Code sections 728(a), 728(b), 1146(a) and 1146(b) as these 
provisions were eliminated by the 2005 Act. Second, it amends 
Bankruptcy Code section 348(f)(1)(C)(i) to clarify that the provision 
applies with respect to the date of the filing of the petition.
  Subsection (a)(12) amends Bankruptcy Code section 362, which pertains 
to the automatic stay, in several respects. First, the amendment makes 
a stylistic correction to subsection 362(a)(8) with respect to its 
reference to a debtor that is a corporation. Second, it adds a missing 
article in subsection 362(c)(3). Third, the amendment conforms the 
reference in subsection 362(c)(4)(A)(i) to ``reified'' with subsection 
362(c)(3) so that it applies to a case filed under a chapter other than 
chapter 7 after dismissal of a prior case pursuant to Bankruptcy Code 
section 707(b). Fourth, it corrects an erroneous conjunctive in 
subsection 362(d)(4). Fifth, it corrects a spelling error in subsection 
362(1).
  Subsection (a)(13) amends Bankruptcy Code section 363, which concerns 
the use, sale, or lease of property. The amendment restructures 
subsection 363(d) to clarify its intent.
  Subsection (a)(14) amends Bankruptcy Code section 505, which pertains 
to the determination of tax liability. The amendment corrects the 
provision's use of terminology.
  Subsection (a)(15) amends Bankruptcy Code section 507, which pertains 
to priorities. The amendment corrects a punctuation error.
  Subsection (a)(16) amends Bankruptcy Code section 521, which pertains 
to the duties of the debtor. The amendment makes several revisions. 
First, it deletes redundant text in subsection 521(a)(2)(A) and (B). 
Second, it restructures section 521(a)(2) to clarify its meaning. 
Third, the amendment corrects grammatical errors in paragraphs (3) and 
(4) of subsection 521(a).
  Subsection (a)(17) amends Bankruptcy Code section 522, which concerns 
exemptions. The amendment corrects two grammatical errors in subsection 
522(b)(3)(A). In addition, it makes a conforming revision to subsection 
522(c)(1).
  Subsection (a)(18) amends Bankruptcy Code section 523, which pertains 
to the dischargeability of debts. The amendment corrects a punctuation 
error in subsection 523(a)(2)(C)(ii)(II) and corrects an erroneous 
statutory cross reference in subsection 523(a)(3).
  Subsection (a)(19) amends Bankruptcy Code section 524, which concerns 
reaffirmation agreements, among other matters. The amendment makes 
several revisions. First, it corrects erroneous terminology in 
subsection 524(k)(3)(J)(i) and inserts a missing verb. Second, it 
corrects a punctuation error in subsection 524(k)(5)(B).
  Subsection (a)(20) amends Bankruptcy Code section 526, which deals 
with restrictions on debt relief agencies. The amendment makes a 
conforming revision to subsection 526(a)(2). It also adds a missing 
article to subsection 526(a)(4).

  Subsection (a)(21) amends Bankruptcy Code section 527, which concerns 
disclosures by debt relief agencies. The amendment makes a grammatical 
correction.
  Subsection (a)(22) amends Bankruptcy Code section 541, which deals 
with property of the estate. The amendment corrects statutory reference 
to the Internal Revenue Code of 1986 in section 541(b)(6)(B).
  Subsection (a)(23) amends Bankruptcy Code section 554, which concerns 
abandonment. The amendment corrects an erroneous statutory reference in 
subsection 554(c).
  Subsection (a)(24) amends Bankruptcy Code section 704, which pertains 
to duties of the trustee. The amendment corrects an erroneous statutory 
reference in subsection 704(a)(3).

[[Page E1731]]

  Subsection (a)(25) amends Bankruptcy Code section 707, which concerns 
dismissal of a chapter 7 case or conversion to a case under chapter 11 
or 13. The amendment makes several revisions. First, it corrects an 
erroneous statutory cross reference in subsection 707(a)(3). Second, 
the amendment clarifies that the provision's reference to date means 
the date of the filing of the petition in subsection 
707(b)(2)(A)(iii)(I). Third, the amendment corrects an erroneous 
statutory reference in subsection 707(b)(3).
  Subsection (a)(26) amends Bankruptcy Code section 723(c), which 
pertains to the rights of a partnership trustee against general 
partners. The amendment strikes a reference to Bankruptcy Code section 
728, which was eliminated by the 2005 Act.
  Subsection (a)(27) amends Bankruptcy Code section 724, which concerns 
the treatment of liens. The amendment clarifies certain statutory 
references in section 724(b)(2) and makes other clarifying revisions.
  Subsection (a)(28) amends Bankruptcy Code section 726(b), which 
concerns distribution priorities in a chapter 7 case, to add a 
statutory reference to section 507(a)(9) and (10).
  Subsection (a)(29) amends Bankruptcy Code section 901, which concerns 
the applicability of the Bankruptcy Code to municipality cases. The 
amendment adds references to Bankruptcy Code sections 333, dealing with 
the appointment of a patient care ombudsman, and 351, concerning the 
disposal of patient records, both of which were added by the 2005 Act.
  Subsection (a)(30) amends Bankruptcy Code section 1104, which 
pertains to the appointment of a trustee and examiner. The amendment 
restructures subsection 1104(a) to clarify the provision's intent and 
how it relates to Bankruptcy Code section 1112(6), as amended by the 
2005 Act. In addition, it corrects an erroneous statutory reference in 
subsection 1104(b)(2)(B)(ii).
  Subsection (a)(31) amends Bankruptcy Code section 1106, which 
pertains to the duties of a trustee and examiner. The amendment 
corrects two erroneous statutory references in section 1106(a).
  Subsection (a)(32) amends Bankruptcy Code section 1111, which 
concerns claims and interests. The amendment corrects an erroneous 
statutory reference in section 1111(a).
  Subsection (a)(33) amends Bankruptcy Code section 1112(b), which sets 
forth the grounds for converting or dismissing a chapter 11 case. The 
amendment restructures this provision to eliminate an internal 
redundancy. In addition, it corrects an erroneous statutory reference 
in section 1112(e).
  Subsection (a)(34) amends Bankruptcy Code section 1127, which 
pertains to modification of a chapter 11 plan. The amendment corrects 
an erroneous statutory reference in section 1127(f)(1).
  Subsection (a)(35) amends Bankruptcy Code section 1129(a), which sets 
forth the criteria for confirmation of a chapter 11 plan. The amendment 
makes a grammatical correction to section (a)(16).
  Subsection (a)(36) amends Bankruptcy Code section 1141(d)(5), which 
concerns the effect of confirmation. The amendment clarifies the intent 
of this provision.
  Subsection (a)(37) amends Bankruptcy Code section 1145(b), which 
pertains to the applicability of securities laws. The amendment 
corrects an erroneous statutory reference in this section.
  Subsection (a)(38) amends Bankruptcy Code section 1202, which details 
the responsibilities of a trustee in a chapter 12 case. The amendment 
corrects several erroneous statutory references in section 1202(b).
  Subsection (a)(39) amends Bankruptcy Code section 1302, which details 
the responsibilities of a trustee in a chapter 13 case. The amendment 
corrects several erroneous statutory references in section 1302(b)(1).
  Subsection (a)(40) amends Bankruptcy Code section 1304, which 
concerns a chapter 13 debtor engaged in business. The amendment 
corrects an erroneous statutory reference in section 1304(c).
  Subsection (a)(41) amends Bankruptcy Code section 1307, which sets 
forth the grounds for converting or dismissing a chapter 13 case. The 
amendment corrects several erroneous statutory references in this 
section.
  Subsection (a)(42) amends Bankruptcy Code section 1308, which 
concerns the filing of prepetition tax returns. The amendment clarifies 
several statutory references in section 1308(b)(2).
  Subsection (a)(43) amends Bankruptcy Code section 1322(a), which 
pertains to the contents of a chapter 13 plan. The amendment corrects 
an internal inconsistency.
  Subsection (a)(44) amends Bankruptcy Code section 1325, which 
pertains to confirmation of a chapter 13 plan. The amendment adds a 
missing word to subsection 1325(a) and adds a missing parenthesis to 
subsection 1325(b)(2)(A)(ii).
  Subsection (a)(45) amends the heading of Bankruptcy Code section 
1511, to include a reference to section 302.
  Subsection (a)(46) amends Bankruptcy Code section 1519, which 
pertains to the relief that may be granted upon the filing of a 
petition for recognition in a chapter 15 case. The amendment corrects 
an erroneous statutory reference in section 1519(f).
  Subsection (a)(47) amends Bankruptcy Code section 1521(f), which 
concerns relief that may be granted upon recognition in a chapter 15 
case. The amendment corrects an erroneous statutory reference.
  Subsection (a)(48) amends Bankruptcy Code section 1529, which 
concerns the coordination of a case under title 11 and a foreign 
proceeding. The amendment adds a missing word to section 1529(1).
  Subsection (a)(49) amends the table of sections for chapter 3 of the 
Bankruptcy Code to correct an erroneous description of section 333.
  Subsection (a)(50) amends the table of sections for chapter 5 of the 
Bankruptcy Code to correct an erroneous description of section 562.
  Subsection (b) amends section 157 of title 18 of the United States 
Code, which concerns bankruptcy fraud. The amendment removes 
superfluous references in this section.
  Subsection (c)(1) amends section 158 of title 28 of the United States 
Code, which pertains to bankruptcy appeals. The amendment corrects a 
grammatical error in section 158(d)(2)(D).
  Subsection (c)(2) amends section 159 of title 28 of the United States 
Code, which pertains to the collection of bankruptcy statistics. The 
amendment adds a missing word to section 159(c)(3)(H).
  Subsection (c)(3) amends section 586 of title 28 of the United States 
Code, which concerns the United States Trustee Program. The amendment 
corrects a punctuation error in section 586(a)(3)(A)(ii), corrects 
erroneous terminology in section 586(a)(7)(C), and eliminates redundant 
language in section 586(a)(8).
  Sec. 3. Technical Correction to Public Law 109-8. Section 3 amends 
section 1406(b)(1) of the 2005 Act to correct a spelling error.

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