[Congressional Record Volume 156, Number 151 (Thursday, November 18, 2010)]
[Extensions of Remarks]
[Pages E1973-E1974]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


REVISED SECTION-BY-SECTION ANALYSIS FOR H.R. 6198 BANKRUPTCY TECHNICAL 
                        CORRECTIONS ACT OF 2010

                                 ______
                                 

                     HON. ROBERT C. ``BOBBY'' SCOTT

                              of virginia

                    in the house of representatives

                      Thursday, November 18, 2010

  Mr. SCOTT of Virginia. Madam Speaker, a version of this section-by-
section analysis was included in the Record during the debate on this 
bill. The version below incorporates a few modest but important 
clarifications. I would ask that in the permanent Record, the version 
below replace the version now found in the September 28, 2010 daily 
edition of the Record, beginning on page H7159.

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

       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, Pub. L. No. 109-8 (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(51B), which defines ``single asset real estate.'' The 
     amendment corrects a drafting error by reinserting a missing 
     word.
       Subsection (a)(1)(F), 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)(G) 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 (1) 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(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 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.

[[Page E1974]]

       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 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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