[111th Congress Public Law 327]
[From the U.S. Government Printing Office]
[[Page 124 STAT. 3557]]
Public Law 111-327
111th Congress
An Act
To amend title 11 of the United States Code to make technical
corrections; and for related purposes. <<NOTE: Dec. 22, 2010 - [H.R.
6198]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Bankruptcy
Technical Corrections Act of 2010. 11 USC 101 note.>>
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, and
(F) in paragraph (51D) by inserting ``of the
filing'' after ``date'' the 1st place it appears,
(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)--
[[Page 124 STAT. 3558]]
(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
[[Page 124 STAT. 3559]]
(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
[[Page 124 STAT. 3560]]
(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
[[Page 124 STAT. 3561]]
(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) <<NOTE: Notice.>> 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),
[[Page 124 STAT. 3562]]
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.--
[[Page 124 STAT. 3563]]
(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 <<NOTE: 11 USC 507 note.>>
is amended by striking ``cept'' and inserting ``Except''.
Approved December 22, 2010.
LEGISLATIVE HISTORY--H.R. 6198:
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CONGRESSIONAL RECORD, Vol. 156 (2010):
Sept. 28, considered and passed House.
Nov. 19, considered and passed Senate, amended.
Dec. 16, House concurred in Senate amendment.
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