[Congressional Record (Bound Edition), Volume 156 (2010), Part 12]
[House]
[Pages 16914-16918]
[From the U.S. 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)--

[[Page 16915]]

       (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)'',

[[Page 16916]]

       (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. 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.

[[Page 16917]]

       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 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.
  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

[[Page 16918]]

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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