[Congressional Record Volume 156, Number 132 (Tuesday, September 28, 2010)]
[House]
[Pages H7158-H7161]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
BANKRUPTCY TECHNICAL CORRECTIONS ACT OF 2010
Mr. SCOTT of Virginia. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 6198) to amend title 11 of the United States Code
to make technical corrections; and for related purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6198
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)'',
[[Page H7159]]
(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''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Virginia (Mr. Scott) and the gentleman from Texas (Mr. Smith) each will
control 20 minutes.
The Chair recognizes the gentleman from Virginia.
General Leave
Mr. SCOTT of Virginia. Mr. Speaker, I ask unanimous consent that all
Members have 5 legislative days to revise and extend their remarks and
include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
Mr. SCOTT of Virginia. I yield myself such time as I may consume.
Mr. Speaker, 5 years ago, the Bankruptcy Abuse Prevention and
Consumer Protection Act of 2005 was enacted into law. It exceeded 500
pages in length and made significant changes in our Nation's bankruptcy
law.
Since its enactment, a number of technical drafting errors have been
identified. These include spelling errors, erroneous statutory cross-
references, incorrect grammar and terminology references, and mistakes
in punctuation. I am pleased that H.R. 6198, the Bankruptcy Technical
Corrections Act of 2010, corrects these purely technical errors.
Mr. Speaker, I urge my colleagues to support H.R. 6198.
H.R. 6198, the ``Bankruptcy Technical Corrections Act of 2010''
Section-by-Section Explanation
Sec. 1. 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.
[[Page H7160]]
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 debtor. 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
``refiled'' 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(l).
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 a 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 a 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).
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(b), 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
[[Page H7161]]
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(l).
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.
I reserve the balance of my time.
Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may
consume.
The Bankruptcy Technical Corrections Act of 2010 contains a number of
useful spelling, grammatical, and other purely technical amendments to
the Bankruptcy Code. These amendments will facilitate the work of
bankruptcy lawyers and judges.
When any provision of law is unclear or its text inaccurate, judges
and lawyers may become confused about how Congress intends for the law
to operate. Sometimes legislative inaccuracies even open the door to
judicial activism. It is particularly important that the Bankruptcy
Code be error free, as the number of bankruptcy filings continues to
rise.
Last week, economists at the National Bureau of Economic Research
told us that the recession technically ended in June 2009, but the
American people have not seen the end of the recession's effects. The
number of bankruptcy filings by small businesses and individuals
continues to increase at a rate of about 30 percent per year.
The bill under consideration today adopts many amendments suggested
by the Administrative Office of the United States Courts. The
Administrative Office suggested these changes in consultation with
bankruptcy practitioners and judges. As a result, I expect this bill to
yield a more user-friendly Bankruptcy Code.
It is important to highlight on the record that this bill does not,
and is not intended to, enact any substantive change to the Bankruptcy
Code. The changes made to the Code by this bill are purely technical in
nature.
No Federal judge should interpret any provision of this bill to
confer, modify, or delete any substantive bankruptcy right, nor should
anyone infer a congressional intent to alter substantive rights from
the bill's attention to one section of the Bankruptcy Code but not
another.
With this understanding, I am pleased to cosponsor the Bankruptcy
Technical Corrections bill.
I yield back the balance of my time.
Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may
consume.
There were strong differences of opinion about the changes made in
2005. Many of us questioned whether some of those changes were
justified and whether they were fair or constructive, but those
discussions are left to another day.
This bill before us today is simply a technical cleanup of the 2005
legislation. I would like to thank the ranking member of the full
committee, Mr. Smith, for making this a bipartisan effort. I urge my
colleagues to support the bill.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Virginia (Mr. Scott) that the House suspend the rules
and pass the bill, H.R. 6198, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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