SEC. 225. PROTECTION OF EDUCATION SAVINGS IN BANKRUPTCY.
(a) EXCLUSIONS- Section 541 of title 11, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (4), by striking `or' at the end;
(B) by redesignating paragraph (5) as paragraph (9); and
(C) by inserting after paragraph (4) the following:
`(5) funds placed in an education individual retirement account (as
defined in section 530(b)(1) of the Internal Revenue Code of 1986) not
later than 365 days before the date of the filing of the petition in a
case under this title, but--
`(A) only if the designated beneficiary of such account was a child,
stepchild, grandchild, or stepgrandchild of the debtor for the taxable
year for which funds were placed in such account;
`(B) only to the extent that such funds--
`(i) are not pledged or promised to any entity in connection with any extension of credit; and
`(ii) are not excess contributions (as described in section 4973(e) of the Internal Revenue Code of 1986); and
`(C) in the case of funds placed in all such accounts having the same
designated beneficiary not earlier than 720 days nor later than 365
days before such date, only so much of such funds as does not exceed
$5,000;
`(6) funds used to purchase a tuition credit or certificate or
contributed to an account in accordance with section 529(b)(1)(A) of
the Internal Revenue Code of 1986 under a qualified State tuition
program (as defined in section 529(b)(1) of such Code) not later than
365 days before the date of the filing of the petition in a case under
this title, but--
`(A) only if the designated beneficiary of the amounts paid or
contributed to such tuition program was a child, stepchild, grandchild,
or stepgrandchild of the debtor for the taxable year for which funds
were paid or contributed;
`(B) with respect to the aggregate amount paid or contributed to such
program having the same designated beneficiary, only so much of such
amount as does not exceed the total contributions permitted under
section 529(b)(7) of such Code with respect to such beneficiary, as
adjusted beginning on the date of the filing of the petition in a case
under this title by the annual increase or decrease (rounded to the
nearest tenth of 1 percent) in the education expenditure category of
the Consumer Price Index prepared by the Department of Labor; and
`(C) in the case of funds paid or contributed to such program having
the same designated beneficiary not earlier than 720 days nor later
than 365 days before such date, only so much of such funds as does not
exceed $5,000;'; and
(2) by adding at the end the following:
`(e) In determining whether any of the relationships specified in
paragraph (5)(A) or (6)(A) of subsection (b) exists, a legally adopted
child of an individual (and a child who is a member of an individual's
household, if placed with such individual by an authorized placement
agency for legal adoption by such individual), or a foster child of an
individual (if such child has as the child's principal place of abode
the home of the debtor and is a member of the debtor's household) shall
be treated as a child of such individual by blood.'.
(b) DEBTOR'S DUTIES- Section 521 of title 11, United States Code, as
amended by section 106, is amended by adding at the end the following:
`(c) In addition to meeting the requirements under subsection (a), a
debtor shall file with the court a record of any interest that a debtor
has in an education individual retirement account (as defined in
section 530(b)(1) of the Internal Revenue Code of 1986) or under a
qualified State tuition program (as defined in section 529(b)(1) of
such Code).'.
SEC. 226. DEFINITIONS.
(a) DEFINITIONS- Section 101 of title 11, United States Code, is amended--
(1) by inserting after paragraph (2) the following:
`(3) `assisted person' means any person whose debts consist primarily
of consumer debts and the value of whose nonexempt property is less
than $150,000;';
(2) by inserting after paragraph (4) the following:
`(4A) `bankruptcy assistance' means any goods or services sold or
otherwise provided to an assisted person with the express or implied
purpose of providing information, advice, counsel, document
preparation, or filing, or attendance at a creditors' meeting or
appearing in a case or proceeding on behalf of another or providing
legal representation with respect to a case or proceeding under this
title;'; and
(3) by inserting after paragraph (12) the following:
`(12A) `debt relief agency' means any person who provides any
bankruptcy assistance to an assisted person in return for the payment
of money or other valuable consideration, or who is a bankruptcy
petition preparer under section 110, but does not include--
`(A) any person who is an officer, director, employee, or agent of a
person who provides such assistance or of the bankruptcy petition
preparer;
`(B) a nonprofit organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986;
`(C) a creditor of such assisted person, to the extent that the
creditor is assisting such assisted person to restructure any debt owed
by such assisted person to the creditor;
`(D) a depository institution (as defined in section 3 of the Federal
Deposit Insurance Act) or any Federal credit union or State credit
union (as those terms are defined in section 101 of the Federal Credit
Union Act), or any affiliate or subsidiary of such depository
institution or credit union; or
`(E) an author, publisher, distributor, or seller of works subject to
copyright protection under title 17, when acting in such capacity.'.
(b) CONFORMING AMENDMENT- Section 104(b) of title 11, United States
Code, is amended by inserting `101(3),' after `sections' each place it
appears.
SEC. 227. RESTRICTIONS ON DEBT RELIEF AGENCIES.
(a) ENFORCEMENT- Subchapter II of chapter 5 of title 11, United States Code, is amended by adding at the end the following:
`Sec. 526. Restrictions on debt relief agencies
`(a) A debt relief agency shall not--
`(1) fail to perform any service that such agency informed an assisted
person or prospective assisted person it would provide in connection
with a case or proceeding under this title;
`(2) make any statement, or counsel or advise any assisted person or
prospective assisted person to make a statement in a document filed in
a case or proceeding under this title, that is untrue and misleading,
or that upon the exercise of reasonable care, should have been known by
such agency to be untrue or misleading;
`(3) misrepresent to any assisted person or prospective assisted
person, directly or indirectly, affirmatively or by material omission,
with respect to--
`(A) the services that such agency will provide to such person; or
`(B) the benefits and risks that may result if such person becomes a debtor in a case under this title; or
`(4) advise an assisted person or prospective assisted person to incur
more debt in contemplation of such person filing a case under this
title or to pay an attorney or bankruptcy petition preparer fee or
charge for services performed as part of preparing for or representing
a debtor in a case under this title.
`(b) Any waiver by any assisted person of any protection or right
provided under this section shall not be enforceable against the debtor
by any Federal or State court or any other person, but may be enforced
against a debt relief agency.
`(c)(1) Any contract for bankruptcy assistance between a debt relief
agency and an assisted person that does not comply with the material
requirements of this section, section 527, or section 528 shall be void
and may not be enforced by any Federal or State court or by any other
person, other than such assisted person.
`(2) Any debt relief agency shall be liable to an assisted person in
the amount of any fees or charges in connection with providing
bankruptcy assistance to such person that such debt relief agency has
received, for actual damages, and for reasonable attorneys' fees and
costs if such agency is found, after notice and a hearing, to have--
`(A) intentionally or negligently failed to comply with any provision
of this section, section 527, or section 528 with respect to a case or
proceeding under this title for such assisted person;
`(B) provided bankruptcy assistance to an assisted person in a case or
proceeding under this title that is dismissed or converted to a case
under another chapter of this title because of such agency's
intentional or negligent failure to file any required document
including those specified in section 521; or
`(C) intentionally or negligently disregarded the material requirements
of this title or the Federal Rules of Bankruptcy Procedure applicable
to such agency.
`(3) In addition to such other remedies as are provided under State
law, whenever the chief law enforcement officer of a State, or an
official or agency designated by a State, has reason to believe that
any person has violated or is violating this section, the State--
`(A) may bring an action to enjoin such violation;
`(B) may bring an action on behalf of its residents to recover the
actual damages of assisted persons arising from such violation,
including any liability under paragraph (2); and
`(C) in the case of any successful action under subparagraph (A) or
(B), shall be awarded the costs of the action and reasonable attorneys'
fees as determined by the court.
`(4) The district courts of the United States for districts located in
the State shall have concurrent jurisdiction of any action under
subparagraph (A) or (B) of paragraph (3).
`(5) Notwithstanding any other provision of Federal law and in addition
to any other remedy provided under Federal or State law, if the court,
on its own motion or on the motion of the United States trustee or the
debtor, finds that a person intentionally violated this section, or
engaged in a clear and consistent pattern or practice of violating this
section, the court may--
`(A) enjoin the violation of such section; or
`(B) impose an appropriate civil penalty against such person.
`(d) No provision of this section, section 527, or section 528 shall--
`(1) annul, alter, affect, or exempt any person subject to such
sections from complying with any law of any State except to the extent
that such law is inconsistent with those sections, and then only to the
extent of the inconsistency; or
`(2) be deemed to limit or curtail the authority or ability--
`(A) of a State or subdivision or instrumentality thereof, to determine
and enforce qualifications for the practice of law under the laws of
that State; or
`(B) of a Federal court to determine and enforce the qualifications for the practice of law before that court.'.
(b) CONFORMING AMENDMENT- The table of sections for chapter 5 of title
11, United States Code, is amended by inserting after the item relating
to section 525, the following:
`526. Restrictions on debt relief agencies.'.
SEC. 228. DISCLOSURES.
(a) DISCLOSURES- Subchapter II of chapter 5 of title 11, United States
Code, as amended by section 227, is amended by adding at the end the
following:
`Sec. 527. Disclosures
`(a) A debt relief agency providing bankruptcy assistance to an assisted person shall provide--
`(1) the written notice required under section 342(b)(1); and
`(2) to the extent not covered in the written notice described in
paragraph (1), and not later than 3 business days after the first date
on which a debt relief agency first offers to provide any bankruptcy
assistance services to an assisted person, a clear and conspicuous
written notice advising assisted persons that--
`(A) all information that the assisted person is required to provide
with a petition and thereafter during a case under this title is
required to be complete, accurate, and truthful;
`(B) all assets and all liabilities are required to be completely and
accurately disclosed in the documents filed to commence the case, and
the replacement value of each asset as defined in section 506 must be
stated in those documents where requested after reasonable inquiry to
establish such value;
`(C) current monthly income, the amounts specified in section
707(b)(2), and, in a case under chapter 13 of this title, disposable
income (determined in accordance with section 707(b)(2)), are required
to be stated after reasonable inquiry; and
`(D) information that an assisted person provides during their case may
be audited pursuant to this title, and that failure to provide such
information may result in dismissal of the case under this title or
other sanction, including a criminal sanction.
`(b) A debt relief agency providing bankruptcy assistance to an
assisted person shall provide each assisted person at the same time as
the notices required under subsection (a)(1) the following statement,
to the extent applicable, or one substantially similar. The statement
shall be clear and conspicuous and shall be in a single document
separate from other documents or notices provided to the assisted
person:
`IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY OR BANKRUPTCY PETITION PREPARER.
`If you decide to seek bankruptcy relief, you can represent yourself,
you can hire an attorney to represent you, or you can get help in some
localities from a bankruptcy petition preparer who is not an attorney.
THE LAW REQUIRES AN ATTORNEY OR BANKRUPTCY PETITION PREPARER TO GIVE
YOU A WRITTEN CONTRACT SPECIFYING WHAT THE ATTORNEY OR BANKRUPTCY
PETITION PREPARER WILL DO FOR YOU AND HOW MUCH IT WILL COST. Ask to see
the contract before you hire anyone.
`The following information helps you understand what must be done in a
routine bankruptcy case to help you evaluate how much service you need.
Although bankruptcy can be complex, many cases are routine.
`Before filing a bankruptcy case, either you or your attorney should
analyze your eligibility for different forms of debt relief available
under the Bankruptcy Code and which form of relief is most likely to be
beneficial for you. Be sure you understand the relief you can obtain
and its limitations. To file a bankruptcy case, documents called a
Petition, Schedules and Statement of Financial Affairs, as well as in
some cases a Statement of Intention need to be prepared correctly and
filed with the bankruptcy court. You will have to pay a filing fee to
the bankruptcy court. Once your case starts, you will have to attend
the required first meeting of creditors where you may be questioned by
a court official called a `trustee' and by creditors.
`If you choose to file a chapter 7 case, you may be asked by a creditor
to reaffirm a debt. You may want help deciding whether to do so. A
creditor is not permitted to coerce you into reaffirming your debts.
`If you choose to file a chapter 13 case in which you repay your
creditors what you can afford over 3 to 5 years, you may also want help
with preparing your chapter 13 plan and with the confirmation hearing
on your plan which will be before a bankruptcy judge.
`If you select another type of relief under the Bankruptcy Code other
than chapter 7 or chapter 13, you will want to find out what should be
done from someone familiar with that type of relief.
`Your bankruptcy case may also involve litigation. You are generally
permitted to represent yourself in litigation in bankruptcy court, but
only attorneys, not bankruptcy petition preparers, can give you legal
advice.'.
`(c) Except to the extent the debt relief agency provides the required
information itself after reasonably diligent inquiry of the assisted
person or others so as to obtain such information reasonably accurately
for inclusion on the petition, schedules or statement of financial
affairs, a debt relief agency providing bankruptcy assistance to an
assisted person, to the extent permitted by nonbankruptcy law, shall
provide each assisted person at the time required for the notice
required under subsection (a)(1) reasonably sufficient information
(which shall be provided in a clear and conspicuous writing) to the
assisted person on how to provide all the information the assisted
person is required to provide under this title pursuant to section 521,
including--
`(1) how to value assets at replacement value, determine current
monthly income, the amounts specified in section 707(b)(2) and, in a
chapter 13 case, how to determine disposable income in accordance with
section 707(b)(2) and related calculations;
`(2) how to complete the list of creditors, including how to determine
what amount is owed and what address for the creditor should be shown;
and
`(3) how to determine what property is exempt and how to value exempt
property at replacement value as defined in section 506.
`(d) A debt relief agency shall maintain a copy of the notices required
under subsection (a) of this section for 2 years after the date on
which the notice is given the assisted person.'.
(b) CONFORMING AMENDMENT- The table of sections for chapter 5 of title
11, United States Code, as amended by section 227, is amended by
inserting after the item relating to section 526 the following:
`527. Disclosures.'.
SEC. 229. REQUIREMENTS FOR DEBT RELIEF AGENCIES.
(a) ENFORCEMENT- Subchapter II of chapter 5 of title 11, United States
Code, as amended by sections 227 and 228, is amended by adding at the
end the following:
`Sec. 528. Requirements for debt relief agencies
`(a) A debt relief agency shall--
`(1) not later than 5 business days after the first date on which such
agency provides any bankruptcy assistance services to an assisted
person, but prior to such assisted person's petition under this title
being filed, execute a written contract with such assisted person that
explains clearly and conspicuously--
`(A) the services such agency will provide to such assisted person; and
`(B) the fees or charges for such services, and the terms of payment;
`(2) provide the assisted person with a copy of the fully executed and completed contract;
`(3) clearly and conspicuously disclose in any advertisement of
bankruptcy assistance services or of the benefits of bankruptcy
directed to the general public (whether in general media, seminars or
specific mailings, telephonic or electronic messages, or otherwise)
that the services or benefits are with respect to bankruptcy relief
under this title; and
`(4) clearly and conspicuously use the following statement in such
advertisement: `We are a debt relief agency. We help people file for
bankruptcy relief under the Bankruptcy Code.' or a substantially
similar statement.
`(b)(1) An advertisement of bankruptcy assistance services or of the
benefits of bankruptcy directed to the general public includes--
`(A) descriptions of bankruptcy assistance in connection with a chapter
13 plan whether or not chapter 13 is specifically mentioned in such
advertisement; and
`(B) statements such as `federally supervised repayment plan' or
`Federal debt restructuring help' or other similar statements that
could lead a reasonable consumer to believe that debt counseling was
being offered when in fact the services were directed to providing
bankruptcy assistance with a chapter 13 plan or other form of
bankruptcy relief under this title.
`(2) An advertisement, directed to the general public, indicating that
the debt relief agency provides assistance with respect to credit
defaults, mortgage foreclosures, eviction proceedings, excessive debt,
debt collection pressure, or inability to pay any consumer debt shall--
`(A) disclose clearly and conspicuously in such advertisement that the
assistance may involve bankruptcy relief under this title; and
`(B) include the following statement: `We are a debt relief agency. We
help people file for bankruptcy relief under the Bankruptcy Code.' or a
substantially similar statement.'.
(b) CONFORMING AMENDMENT- The table of sections for chapter 5 of title
11, United States Code, as amended by section 227 and 228, is amended
by inserting after the item relating to section 527, the following:
`528. Requirements for debt relief agencies.'.
SEC. 230. GAO STUDY.
(a) STUDY- Not later than 270 days after the date of enactment of this
Act, the Comptroller General of the United States shall conduct a study
of the feasibility, effectiveness, and cost of requiring trustees
appointed under title 11, United States Code, or the bankruptcy courts,
to provide to the Office of Child Support Enforcement promptly after
the commencement of cases by debtors who are individuals under such
title, the names and social security account numbers of such debtors
for the purposes of allowing such Office to determine whether such
debtors have outstanding obligations for child support (as determined
on the basis of information in the Federal Case Registry or other
national database).
(b) REPORT- Not later than 300 days after the date of enactment of this
Act, the Comptroller General shall submit to the President pro tempore
of the Senate and the Speaker of the House of Representatives a report
containing the results of the study required by subsection (a).
SEC. 231. PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION.
(a) LIMITATION- Section 363(b)(1) of title 11, United States Code, is
amended by striking the period at the end and inserting the following:
`, except that if the debtor in connection with offering a product or a
service discloses to an individual a policy prohibiting the transfer of
personally identifiable information about individuals to persons that
are not affiliated with the debtor and if such policy is in effect on
the date of the commencement of the case, then the trustee may not sell
or lease personally identifiable information to any person unless--
`(A) such sale or such lease is consistent with such policy; or
`(B) after appointment of a consumer privacy ombudsman in accordance
with section 332, and after notice and a hearing, the court approves
such sale or such lease--
`(i) giving due consideration to the facts, circumstances, and conditions of such sale or such lease; and
`(ii) finding that no showing was made that such sale or such lease would violate applicable nonbankruptcy law.'.
(b) DEFINITION- Section 101 of title 11, United States Code, is amended by inserting after paragraph (41) the following:
`(A) if provided by an individual to the debtor in connection with
obtaining a product or a service from the debtor primarily for
personal, family, or household purposes--
`(i) the first name (or initial) and last name of such individual,
whether given at birth or time of adoption, or resulting from a lawful
change of name;
`(ii) the geographical address of a physical place of residence of such individual;
`(iii) an electronic address (including an e-mail address) of such individual;
`(iv) a telephone number dedicated to contacting such individual at such physical place of residence;
`(v) a social security account number issued to such individual; or
`(vi) the account number of a credit card issued to such individual; or
`(B) if identified in connection with 1 or more of the items of information specified in subparagraph (A)--
`(i) a birth date, the number of a certificate of birth or adoption, or a place of birth; or
`(ii) any other information concerning an identified individual that,
if disclosed, will result in contacting or identifying such individual
physically or electronically;'.
SEC. 232. CONSUMER PRIVACY OMBUDSMAN.
(a) CONSUMER PRIVACY OMBUDSMAN- Title 11 of the United States Code is amended by inserting after section 331 the following:
`Sec. 332. Consumer privacy ombudsman
`(a) If a hearing is required under section 363(b)(1)(B), the court
shall order the United States trustee to appoint, not later than 5 days
before the commencement of the hearing, 1 disinterested person (other
than the United States trustee) to serve as the consumer privacy
ombudsman in the case and shall require that notice of such hearing be
timely given to such ombudsman.
`(b) The consumer privacy ombudsman may appear and be heard at such
hearing and shall provide to the court information to assist the court
in its consideration of the facts, circumstances, and conditions of the
proposed sale or lease of personally identifiable information under
section 363(b)(1)(B). Such information may include presentation of--
`(1) the debtor's privacy policy;
`(2) the potential losses or gains of privacy to consumers if such sale or such lease is approved by the court;
`(3) the potential costs or benefits to consumers if such sale or such lease is approved by the court; and
`(4) the potential alternatives that would mitigate potential privacy losses or potential costs to consumers.
`(c) A consumer privacy ombudsman shall not disclose any personally
identifiable information obtained by the ombudsman under this title.'.
(b) COMPENSATION OF CONSUMER PRIVACY OMBUDSMAN- Section 330(a)(1) of
title 11, United States Code, is amended in the matter preceding
subparagraph (A), by inserting `a consumer privacy ombudsman appointed
under section 332,' before `an examiner'.
(c) CONFORMING AMENDMENT- The table of sections for subchapter II of
chapter 3 of title 11, United States Code, is amended by adding at the
end the following:
`332. Consumer privacy ombudsman.'.
SEC. 233. PROHIBITION ON DISCLOSURE OF NAME OF MINOR CHILDREN.
(a) PROHIBITION- Title 11 of the United States Code, as amended by
section 106, is amended by inserting after section 111 the following:
`Sec. 112. Prohibition on disclosure of name of minor children
`The debtor may be required to provide information regarding a minor
child involved in matters under this title but may not be required to
disclose in the public records in the case the name of such minor
child. The debtor may be required to disclose the name of such minor
child in a nonpublic record that is maintained by the court and made
available by the court for examination by the United States trustee,
the trustee, and the auditor (if any) serving under section 586(f) of
title 28, in the case. The court, the United States trustee, the
trustee, and such auditor shall not disclose the name of such minor
child maintained in such nonpublic record.'.
(b) CLERICAL AMENDMENT- The table of sections for chapter 1 of title
11, United States Code, as amended by section 106, is amended by
inserting after the item relating to section 111 the following:
`112. Prohibition on disclosure of name of minor children.'.
(c) CONFORMING AMENDMENT- Section 107(a) of title 11, United States
Code, is amended by inserting `and subject to section 112' after
`section'.
SEC. 234. PROTECTION OF PERSONAL INFORMATION.
(a) Restriction of Public Access to Certain Information Contained in
Bankruptcy Case Files- Section 107 of title 11, United States Code, is
amended by adding at the end the following:
`(c)(1) The bankruptcy court, for cause, may protect an individual,
with respect to the following types of information to the extent the
court finds that disclosure of such information would create undue risk
of identity theft or other unlawful injury to the individual or the
individual's property:
`(A) Any means of identification (as defined in section 1028(d) of
title 18) contained in a paper filed, or to be filed, in a case under
this title.
`(B) Other information contained in a paper described in subparagraph (A).
`(2) Upon ex parte application demonstrating cause, the court shall
provide access to information protected pursuant to paragraph (1) to an
entity acting pursuant to the police or regulatory power of a domestic
governmental unit.
`(3) The United States trustee, bankruptcy administrator, trustee, and
any auditor serving under section 586(f) of title 28--
`(A) shall have full access to all information contained in any paper filed or submitted in a case under this title; and
`(B) shall not disclose information specifically protected by the court under this title.'.
(b) Security of Social Security Account Number of Debtor in Notice to
Creditor- Section 342(c) of title 11, United States Code, is amended--
(1) by inserting `last 4 digits of the' before `taxpayer identification number'; and
(2) by adding at the end the following: `If the notice concerns an
amendment that adds a creditor to the schedules of assets and
liabilities, the debtor shall include the full taxpayer identification
number in the notice sent to that creditor, but the debtor shall
include only the last 4 digits of the taxpayer identification number in
the copy of the notice filed with the court.'.
(c) Conforming Amendment- Section 107(a) of title 11, United States
Code, is amended by striking `subsection (b),' and inserting
`subsections (b) and (c),'.
TITLE III--DISCOURAGING BANKRUPTCY ABUSE
SEC. 301. TECHNICAL AMENDMENTS.
Section 523(a)(17) of title 11, United States Code, is amended--
(1) by striking `by a court' and inserting `on a prisoner by any court';
(2) by striking `section 1915(b) or (f)' and inserting `subsection (b) or (f)(2) of section 1915'; and
(3) by inserting `(or a similar non-Federal law)' after `title 28' each place it appears.
SEC. 302. DISCOURAGING BAD FAITH REPEAT FILINGS.
Section 362(c) of title 11, United States Code, is amended--
(1) in paragraph (1), by striking `and' at the end;
(2) in paragraph (2), by striking the period at the end and inserting a semicolon; and
(3) by adding at the end the following:
`(3) if a single or joint case is filed by or against debtor who is an
individual in a case under chapter 7, 11, or 13, and if a single or
joint case of the debtor was pending within the preceding 1-year period
but was dismissed, other than a case refiled under a chapter other than
chapter 7 after dismissal under section 707(b)--
`(A) the stay under subsection (a) with respect to any action taken
with respect to a debt or property securing such debt or with respect
to any lease shall terminate with respect to the debtor on the 30th day
after the filing of the later case;
`(B) on the motion of a party in interest for continuation of the
automatic stay and upon notice and a hearing, the court may extend the
stay in particular cases as to any or all creditors (subject to such
conditions or limitations as the court may then impose) after notice
and a hearing completed before the expiration of the 30-day period only
if the party in interest demonstrates that the filing of the later case
is in good faith as to the creditors to be stayed; and
`(C) for purposes of subparagraph (B), a case is presumptively filed
not in good faith (but such presumption may be rebutted by clear and
convincing evidence to the contrary)--
`(i) as to all creditors, if--
`(I) more than 1 previous case under any of chapters 7, 11, and 13 in
which the individual was a debtor was pending within the preceding
1-year period;
`(II) a previous case under any of chapters 7, 11, and 13 in which the
individual was a debtor was dismissed within such 1-year period, after
the debtor failed to--
`(aa) file or amend the petition or other documents as required by this
title or the court without substantial excuse (but mere inadvertence or
negligence shall not be a substantial excuse unless the dismissal was
caused by the negligence of the debtor's attorney); `(bb) provide adequate protection as ordered by the court; or `(cc) perform the terms of a plan confirmed by the court; or
`(III) there has not been a substantial change in the financial or
personal affairs of the debtor since the dismissal of the next most
previous case under chapter 7, 11, or 13 or any other reason to
conclude that the later case will be concluded--
`(aa) if a case under chapter 7, with a discharge; or `(bb) if a case under chapter 11 or 13, with a confirmed plan that will be fully performed; and
`(ii) as to any creditor that commenced an action under subsection (d)
in a previous case in which the individual was a debtor if, as of the
date of dismissal of such case, that action was still pending or had
been resolved by terminating, conditioning, or limiting the stay as to
actions of such creditor; and
`(4)(A)(i) if a single or joint case is filed by or against a debtor
who is an individual under this title, and if 2 or more single or joint
cases of the debtor were pending within the previous year but were
dismissed, other than a case refiled under section 707(b), the stay
under subsection (a) shall not go into effect upon the filing of the
later case; and
`(ii) on request of a party in interest, the court shall promptly enter an order confirming that no stay is in effect;
`(B) if, within 30 days after the filing of the later case, a party in
interest requests the court may order the stay to take effect in the
case as to any or all creditors (subject to such conditions or
limitations as the court may impose), after notice and a hearing, only
if the party in interest demonstrates that the filing of the later case
is in good faith as to the creditors to be stayed;
`(C) a stay imposed under subparagraph (B) shall be effective on the
date of the entry of the order allowing the stay to go into effect; and
`(D) for purposes of subparagraph (B), a case is presumptively filed
not in good faith (but such presumption may be rebutted by clear and
convincing evidence to the contrary)--
`(i) as to all creditors if--
`(I) 2 or more previous cases under this title in which the individual was a debtor were pending within the 1-year period;
`(II) a previous case under this title in which the individual was a
debtor was dismissed within the time period stated in this paragraph
after the debtor failed to file or amend the petition or other
documents as required by this title or the court without substantial
excuse (but mere inadvertence or negligence shall not be substantial
excuse unless the dismissal was caused by the negligence of the
debtor's attorney), failed to provide adequate protection as ordered by
the court, or failed to perform the terms of a plan confirmed by the
court; or
`(III) there has not been a substantial change in the financial or
personal affairs of the debtor since the dismissal of the next most
previous case under this title, or any other reason to conclude that
the later case will not be concluded, if a case under chapter 7, with a
discharge, and if a case under chapter 11 or 13, with a confirmed plan
that will be fully performed; or
`(ii) as to any creditor that commenced an action under subsection (d)
in a previous case in which the individual was a debtor if, as of the
date of dismissal of such case, such action was still pending or had
been resolved by terminating, conditioning, or limiting the stay as to
such action of such creditor.'.
SEC. 303. CURBING ABUSIVE FILINGS.
(a) IN GENERAL- Section 362(d) of title 11, United States Code, is amended--
(1) in paragraph (2), by striking `or' at the end;
(2) in paragraph (3), by striking the period at the end and inserting `; or'; and
(3) by adding at the end the following:
`(4) with respect to a stay of an act against real property under
subsection (a), by a creditor whose claim is secured by an interest in
such real property, if the court finds that the filing of the petition
was part of a scheme to delay, hinder, and defraud creditors that
involved either--
`(A) transfer of all or part ownership of, or other interest in, such
real property without the consent of the secured creditor or court
approval; or
`(B) multiple bankruptcy filings affecting such real property.
If recorded in compliance with applicable State laws governing notices
of interests or liens in real property, an order entered under
paragraph (4) shall be binding in any other case under this title
purporting to affect such real property filed not later than 2 years
after the date of the entry of such order by the court, except that a
debtor in a subsequent case under this title may move for relief from
such order based upon changed circumstances or for good cause shown,
after notice and a hearing. Any Federal, State, or local governmental
unit that accepts notices of interests or liens in real property shall
accept any certified copy of an order described in this subsection for
indexing and recording.'.
(b) AUTOMATIC STAY- Section 362(b) of title 11, United States Code, as
amended by section 224, is amended by inserting after paragraph (19),
the following:
`(20) under subsection (a), of any act to enforce any lien against or
security interest in real property following entry of the order under
subsection (d)(4) as to such real property in any prior case under this
title, for a period of 2 years after the date of the entry of such an
order, except that the debtor, in a subsequent case under this title,
may move for relief from such order based upon changed circumstances or
for other good cause shown, after notice and a hearing;
`(21) under subsection (a), of any act to enforce any lien against or security interest in real property--
`(A) if the debtor is ineligible under section 109(g) to be a debtor in a case under this title; or
`(B) if the case under this title was filed in violation of a
bankruptcy court order in a prior case under this title prohibiting the
debtor from being a debtor in another case under this title;'.
SEC. 304. DEBTOR RETENTION OF PERSONAL PROPERTY SECURITY.
Title 11, United States Code, is amended--
(1) in section 521(a), as so designated by section 106--
(A) in paragraph (4), by striking `, and' at the end and inserting a semicolon;
(B) in paragraph (5), by striking the period at the end and inserting `; and'; and
(C) by adding at the end the following:
`(6) in a case under chapter 7 of this title in which the debtor is an
individual, not retain possession of personal property as to which a
creditor has an allowed claim for the purchase price secured in whole
or in part by an interest in such personal property unless the debtor,
not later than 45 days after the first meeting of creditors under
section 341(a), either--
`(A) enters into an agreement with the creditor pursuant to section
524(c) with respect to the claim secured by such property; or
`(B) redeems such property from the security interest pursuant to section 722.
If the debtor fails to so act within the 45-day period referred to in
paragraph (6), the stay under section 362(a) is terminated with respect
to the personal property of the estate or of the debtor which is
affected, such property shall no longer be property of the estate, and
the creditor may take whatever action as to such property as is
permitted by applicable nonbankruptcy law, unless the court determines
on the motion of the trustee filed before the expiration of such 45-day
period, and after notice and a hearing, that such property is of
consequential value or benefit to the estate, orders appropriate
adequate protection of the creditor's interest, and orders the debtor
to deliver any collateral in the debtor's possession to the trustee.';
and
(2) in section 722, by inserting `in full at the time of redemption' before the period at the end.
SEC. 305. RELIEF FROM THE AUTOMATIC STAY WHEN THE DEBTOR DOES NOT COMPLETE INTENDED SURRENDER OF CONSUMER DEBT COLLATERAL.
Title 11, United States Code, is amended--
(1) in section 362, as amended by section 106--
(A) in subsection (c), by striking `(e), and (f)' and inserting `(e), (f), and (h)';
(B) by redesignating subsection (h) as subsection (k) and transferring
such subsection so as to insert it after subsection (j) as added by
section 106; and
(C) by inserting after subsection (g) the following:
`(h)(1) In a case in which the debtor is an individual, the stay
provided by subsection (a) is terminated with respect to personal
property of the estate or of the debtor securing in whole or in part a
claim, or subject to an unexpired lease, and such personal property
shall no longer be property of the estate if the debtor fails within
the applicable time set by section 521(a)(2)--
`(A) to file timely any statement of intention required under section
521(a)(2) with respect to such personal property or to indicate in such
statement that the debtor will either surrender such personal property
or retain it and, if retaining such personal property, either redeem
such personal property pursuant to section 722, enter into an agreement
of the kind specified in section 524(c) applicable to the debt secured
by such personal property, or assume such unexpired lease pursuant to
section 365(p) if the trustee does not do so, as applicable; and
`(B) to take timely the action specified in such statement, as it may
be amended before expiration of the period for taking action, unless
such statement specifies the debtor's intention to reaffirm such debt
on the original contract terms and the creditor refuses to agree to the
reaffirmation on such terms.
`(2) Paragraph (1) does not apply if the court determines, on the
motion of the trustee filed before the expiration of the applicable
time set by section 521(a)(2), after notice and a hearing, that such
personal property is of consequential value or benefit to the estate,
and orders appropriate adequate protection of the creditor's interest,
and orders the debtor to deliver any collateral in the debtor's
possession to the trustee. If the court does not so determine, the stay
provided by subsection (a) shall terminate upon the conclusion of the
hearing on the motion.'; and
(2) in section 521, as amended by sections 106 and 225--
(A) in subsection (a)(2) by striking `consumer';
(B) in subsection (a)(2)(B)--
(i) by striking `forty-five days after the filing of a notice of intent
under this section' and inserting `30 days after the first date set for
the meeting of creditors under section 341(a)'; and
(ii) by striking `forty-five day' and inserting `30-day';
(C) in subsection (a)(2)(C) by inserting `, except as provided in section 362(h)' before the semicolon; and
(D) by adding at the end the following:
`(d) If the debtor fails timely to take the action specified in
subsection (a)(6) of this section, or in paragraphs (1) and (2) of
section 362(h), with respect to property which a lessor or bailor owns
and has leased, rented, or bailed to the debtor or as to which a
creditor holds a security interest not otherwise voidable under section
522(f), 544, 545, 547, 548, or 549, nothing in this title shall prevent
or limit the operation of a provision in the underlying lease or
agreement that has the effect of placing the debtor in default under
such lease or agreement by reason of the occurrence, pendency, or
existence of a proceeding under this title or the insolvency of the
debtor. Nothing in this subsection shall be deemed to justify limiting
such a provision in any other circumstance.'.
SEC. 306. GIVING SECURED CREDITORS FAIR TREATMENT IN CHAPTER 13.
(a) IN GENERAL- Section 1325(a)(5)(B)(i) of title 11, United States Code, is amended to read as follows:
`(i) the plan provides that--
`(I) the holder of such claim retain the lien securing such claim until the earlier of--
`(aa) the payment of the underlying debt determined under nonbankruptcy law; or
`(bb) discharge under section 1328; and
`(II) if the case under this chapter is dismissed or converted without
completion of the plan, such lien shall also be retained by such holder
to the extent recognized by applicable nonbankruptcy law; and'.
(b) RESTORING THE FOUNDATION FOR SECURED CREDIT- Section 1325(a) of
title 11, United States Code, is amended by adding at the end the
following:
`For purposes of paragraph (5), section 506 shall not apply to a claim
described in that paragraph if the creditor has a purchase money
security interest securing the debt that is the subject of the claim,
the debt was incurred within the 910-day preceding the date of the
filing of the petition, and the collateral for that debt consists of a
motor vehicle (as defined in section 30102 of title 49) acquired for
the personal use of the debtor, or if collateral for that debt consists
of any other thing of value, if the debt was incurred during the 1-year
period preceding that filing.'.
(c) DEFINITIONS- Section 101 of title 11, United States Code, is amended--
(1) by inserting after paragraph (13) the following:
`(13A) `debtor's principal residence'--
`(A) means a residential structure, including incidental property,
without regard to whether that structure is attached to real property;
and
`(B) includes an individual condominium or cooperative unit, a mobile or manufactured home, or trailer;'; and
(2) by inserting after paragraph (27), the following:
`(27A) `incidental property' means, with respect to a debtor's principal residence--
`(A) property commonly conveyed with a principal residence in the area where the real property is located;
`(B) all easements, rights, appurtenances, fixtures, rents, royalties,
mineral rights, oil or gas rights or profits, water rights, escrow
funds, or insurance proceeds; and
`(C) all replacements or additions;'.
SEC. 307. DOMICILIARY REQUIREMENTS FOR EXEMPTIONS.
Section 522(b)(3) of title 11, United States Code, as so designated by section 106, is amended--
(1) in subparagraph (A)--
(A) by striking `180 days' and inserting `730 days'; and
(B) by striking `, or for a longer portion of such 180-day period than
in any other place' and inserting `or if the debtor's domicile has not
been located at a single State for such 730-day period, the place in
which the debtor's domicile was located for 180 days immediately
preceding the 730-day period or for a longer portion of such 180-day
period than in any other place'; and
(2) by adding at the end the following:
`If the effect of the domiciliary requirement under subparagraph (A) is
to render the debtor ineligible for any exemption, the debtor may elect
to exempt property that is specified under subsection (d).'.
SEC. 308. REDUCTION OF HOMESTEAD EXEMPTION FOR FRAUD.
Section 522 of title 11, United States Code, as amended by section 224, is amended--
(1) in subsection (b)(3)(A), as so designated by this Act, by inserting
`subject to subsections (o) and (p),' before `any property'; and
(2) by adding at the end the following:
`(o) For purposes of subsection (b)(3)(A), and notwithstanding subsection (a), the value of an interest in--
`(1) real or personal property that the debtor or a dependent of the debtor uses as a residence;
`(2) a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence;
`(3) a burial plot for the debtor or a dependent of the debtor; or
`(4) real or personal property that the debtor or a dependent of the debtor claims as a homestead;
shall be reduced to the extent that such value is attributable to any
portion of any property that the debtor disposed of in the 10-year
period ending on the date of the filing of the petition with the intent
to hinder, delay, or defraud a creditor and that the debtor could not
exempt, or that portion that the debtor could not exempt, under
subsection (b), if on such date the debtor had held the property so
disposed of.'.
SEC. 309. PROTECTING SECURED CREDITORS IN CHAPTER 13 CASES.
(a) STOPPING ABUSIVE CONVERSIONS FROM CHAPTER 13- Section 348(f)(1) of title 11, United States Code, is amended--
(1) in subparagraph (A), by striking `and' at the end;
(2) in subparagraph (B)--
(A) by striking `in the converted case, with allowed secured claims'
and inserting `only in a case converted to a case under chapter 11 or
12, but not in a case converted to a case under chapter 7, with allowed
secured claims in cases under chapters 11 and 12'; and
(B) by striking the period and inserting `; and'; and
(3) by adding at the end the following:
`(C) with respect to cases converted from chapter 13--
`(i) the claim of any creditor holding security as of the date of the
petition shall continue to be secured by that security unless the full
amount of such claim determined under applicable nonbankruptcy law has
been paid in full as of the date of conversion, notwithstanding any
valuation or determination of the amount of an allowed secured claim
made for the purposes of the case under chapter 13; and
`(ii) unless a prebankruptcy default has been fully cured under the
plan at the time of conversion, in any proceeding under this title or
otherwise, the default shall have the effect given under applicable
nonbankruptcy law.'.
(b) GIVING DEBTORS THE ABILITY TO KEEP LEASED PERSONAL PROPERTY BY
ASSUMPTION- Section 365 of title 11, United States Code, is amended by
adding at the end the following:
`(p)(1) If a lease of personal property is rejected or not timely
assumed by the trustee under subsection (d), the leased property is no
longer property of the estate and the stay under section 362(a) is
automatically terminated.
`(2)(A) If the debtor in a case under chapter 7 is an individual, the
debtor may notify the creditor in writing that the debtor desires to
assume the lease. Upon being so notified, the creditor may, at its
option, notify the debtor that it is willing to have the lease assumed
by the debtor and may condition such assumption on cure of any
outstanding default on terms set by the contract.
`(B) If, not later than 30 days after notice is provided under
subparagraph (A), the debtor notifies the lessor in writing that the
lease is assumed, the liability under the lease will be assumed by the
debtor and not by the estate.
`(C) The stay under section 362 and the injunction under section
524(a)(2) shall not be violated by notification of the debtor and
negotiation of cure under this subsection.
`(3) In a case under chapter 11 in which the debtor is an individual
and in a case under chapter 13, if the debtor is the lessee with
respect to personal property and the lease is not assumed in the plan
confirmed by the court, the lease is deemed rejected as of the
conclusion of the hearing on confirmation. If the lease is rejected,
the stay under section 362 and any stay under section 1301 is
automatically terminated with respect to the property subject to the
lease.'.
(c) ADEQUATE PROTECTION OF LESSORS AND PURCHASE MONEY SECURED CREDITORS-
(1) CONFIRMATION OF PLAN- Section 1325(a)(5)(B) of title 11, United States Code, as amended by section 306, is amended--
(A) in clause (i), by striking `and' at the end;
(B) in clause (ii), by striking `or' at the end and inserting `and'; and
(C) by adding at the end the following:
`(iii) if--
`(I) property to be distributed pursuant to this subsection is in the
form of periodic payments, such payments shall be in equal monthly
amounts; and
`(II) the holder of the claim is secured by personal property, the
amount of such payments shall not be less than an amount sufficient to
provide to the holder of such claim adequate protection during the
period of the plan; or'.
(2) PAYMENTS- Section 1326(a) of title 11, United States Code, is amended to read as follows:
`(a)(1) Unless the court orders otherwise, the debtor shall commence
making payments not later than 30 days after the date of the filing of
the plan or the order for relief, whichever is earlier, in the amount--
`(A) proposed by the plan to the trustee;
`(B) scheduled in a lease of personal property directly to the lessor
for that portion of the obligation that becomes due after the order for
relief, reducing the payments under subparagraph (A) by the amount so
paid and providing the trustee with evidence of such payment, including
the amount and date of payment; and
`(C) that provides adequate protection directly to a creditor holding
an allowed claim secured by personal property to the extent the claim
is attributable to the purchase of such property by the debtor for that
portion of the obligation that becomes due after the order for relief,
reducing the payments under subparagraph (A) by the amount so paid and
providing the trustee with evidence of such payment, including the
amount and date of payment.
`(2) A payment made under paragraph (1)(A) shall be retained by the
trustee until confirmation or denial of confirmation. If a plan is
confirmed, the trustee shall distribute any such payment in accordance
with the plan as soon as is practicable. If a plan is not confirmed,
the trustee shall return any such payments not previously paid and not
yet due and owing to creditors pursuant to paragraph (3) to the debtor,
after deducting any unpaid claim allowed under section 503(b).
`(3) Subject to section 363, the court may, upon notice and a hearing,
modify, increase, or reduce the payments required under this subsection
pending confirmation of a plan.
`(4) Not later than 60 days after the date of filing of a case under
this chapter, a debtor retaining possession of personal property
subject to a lease or securing a claim attributable in whole or in part
to the purchase price of such property shall provide the lessor or
secured creditor reasonable evidence of the maintenance of any required
insurance coverage with respect to the use or ownership of such
property and continue to do so for so long as the debtor retains
possession of such property.'.
SEC. 310. LIMITATION ON LUXURY GOODS.
Section 523(a)(2)(C) of title 11, United States Code, is amended to read as follows:
`(C)(i) for purposes of subparagraph (A)--
`(I) consumer debts owed to a single creditor and aggregating more than
$500 for luxury goods or services incurred by an individual debtor on
or within 90 days before the order for relief under this title are
presumed to be nondischargeable; and
`(II) cash advances aggregating more than $750 that are extensions of
consumer credit under an open end credit plan obtained by an individual
debtor on or within 70 days before the order for relief under this
title, are presumed to be nondischargeable; and
`(ii) for purposes of this subparagraph--
`(I) the terms `consumer', `credit', and `open end credit plan' have
the same meanings as in section 103 of the Truth in Lending Act; and
`(II) the term `luxury goods or services' does not include goods or
services reasonably necessary for the support or maintenance of the
debtor or a dependent of the debtor.'.
SEC. 311. AUTOMATIC STAY.
(a) IN GENERAL- Section 362(b) of title 11, United States Code, as
amended by sections 224 and 303, is amended by inserting after
paragraph (21), the following:
`(22) subject to subsection (l), under subsection (a)(3), of the
continuation of any eviction, unlawful detainer action, or similar
proceeding by a lessor against a debtor involving residential property
in which the debtor resides as a tenant under a lease or rental
agreement and with respect to which the lessor has obtained before the
date of the filing of the bankruptcy petition, a judgment for
possession of such property against the debtor;
`(23) subject to subsection (m), under subsection (a)(3), of an
eviction action that seeks possession of the residential property in
which the debtor resides as a tenant under a lease or rental agreement
based on endangerment of such property or the illegal use of controlled
substances on such property, but only if the lessor files with the
court, and serves upon the debtor, a certification under penalty of
perjury that such an eviction action has been filed, or that the
debtor, during the 30-day period preceding the date of the filing of
the certification, has endangered property or illegally used or allowed
to be used a controlled substance on the property;
`(24) under subsection (a), of any transfer that is not avoidable under
section 544 and that is not avoidable under section 549;'.
(b) LIMITATIONS- Section 362 of title 11, United States Code, as
amended by sections 106 and 305, is amended by adding at the end the
following:
`(l)(1) Except as otherwise provided in this subsection, subsection
(b)(22) shall apply on the date that is 30 days after the date on which
the bankruptcy petition is filed, if the debtor files with the petition
and serves upon the lessor a certification under penalty of perjury
that--
`(A) under nonbankruptcy law applicable in the jurisdiction, there are
circumstances under which the debtor would be permitted to cure the
entire monetary default that gave rise to the judgment for possession,
after that judgment for possession was entered; and
`(B) the debtor (or an adult dependent of the debtor) has deposited
with the clerk of the court, any rent that would become due during the
30-day period after the filing of the bankruptcy petition.
`(2) If, within the 30-day period after the filing of the bankruptcy
petition, the debtor (or an adult dependent of the debtor) complies
with paragraph (1) and files with the court and serves upon the lessor
a further certification under penalty of perjury that the debtor (or an
adult dependent of the debtor) has cured, under nonbankrupcty law
applicable in the jurisdiction, the entire monetary default that gave
rise to the judgment under which possession is sought by the lessor,
subsection (b)(22) shall not apply, unless ordered to apply by the
court under paragraph (3).
`(3)(A) If the lessor files an objection to any certification filed by
the debtor under paragraph (1) or (2), and serves such objection upon
the debtor, the court shall hold a hearing within 10 days after the
filing and service of such objection to determine if the certification
filed by the debtor under paragraph (1) or (2) is true.
`(B) If the court upholds the objection of the lessor filed under subparagraph (A)--
`(i) subsection (b)(22) shall apply immediately and relief from the
stay provided under subsection (a)(3) shall not be required to enable
the lessor to complete the process to recover full possession of the
property; and
`(ii) the clerk of the court shall immediately serve upon the lessor
and the debtor a certified copy of the court's order upholding the
lessor's objection.
`(4) If a debtor, in accordance with paragraph (5), indicates on the
petition that there was a judgment for possession of the residential
rental property in which the debtor resides and does not file a
certification under paragraph (1) or (2)--
`(A) subsection (b)(22) shall apply immediately upon failure to file
such certification, and relief from the stay provided under subsection
(a)(3) shall not be required to enable the lessor to complete the
process to recover full possession of the property; and
`(B) the clerk of the court shall immediately serve upon the lessor and
the debtor a certified copy of the docket indicating the absence of a
filed certification and the applicability of the exception to the stay
under subsection (b)(22).
`(5)(A) Where a judgment for possession of residential property in
which the debtor resides as a tenant under a lease or rental agreement
has been obtained by the lessor, the debtor shall so indicate on the
bankruptcy petition and shall provide the name and address of the
lessor that obtained that pre-petition judgment on the petition and on
any certification filed under this subsection.
`(B) The form of certification filed with the petition, as specified in
this subsection, shall provide for the debtor to certify, and the
debtor shall certify--
`(i) whether a judgment for possession of residential rental housing in
which the debtor resides has been obtained against the debtor before
the date of the filing of the petition; and
`(ii) whether the debtor is claiming under paragraph (1) that under
nonbankruptcy law applicable in the jurisdiction, there are
circumstances under which the debtor would be permitted to cure the
entire monetary default that gave rise to the judgment for possession,
after that judgment of possession was entered, and has made the
appropriate deposit with the court.
`(C) The standard forms (electronic and otherwise) used in a bankruptcy
proceeding shall be amended to reflect the requirements of this
subsection.
`(D) The clerk of the court shall arrange for the prompt transmittal of
the rent deposited in accordance with paragraph (1)(B) to the lessor.
`(m)(1) Except as otherwise provided in this subsection, subsection
(b)(23) shall apply on the date that is 15 days after the date on which
the lessor files and serves a certification described in subsection
(b)(23).
`(2)(A) If the debtor files with the court an objection to the truth or
legal sufficiency of the certification described in subsection (b)(23)
and serves such objection upon the lessor, subsection (b)(23) shall not
apply, unless ordered to apply by the court under this subsection.
`(B) If the debtor files and serves the objection under subparagraph
(A), the court shall hold a hearing within 10 days after the filing and
service of such objection to determine if the situation giving rise to
the lessor's certification under paragraph (1) existed or has been
remedied.
`(C) If the debtor can demonstrate to the satisfaction of the court
that the situation giving rise to the lessor's certification under
paragraph (1) did not exist or has been remedied, the stay provided
under subsection (a)(3) shall remain in effect until the termination of
the stay under this section.
`(D) If the debtor cannot demonstrate to the satisfaction of the court
that the situation giving rise to the lessor's certification under
paragraph (1) did not exist or has been remedied--
`(i) relief from the stay provided under subsection (a)(3) shall not be
required to enable the lessor to proceed with the eviction; and
`(ii) the clerk of the court shall immediately serve upon the lessor
and the debtor a certified copy of the court's order upholding the
lessor's certification.
`(3) If the debtor fails to file, within 15 days, an objection under paragraph (2)(A)--
`(A) subsection (b)(23) shall apply immediately upon such failure and
relief from the stay provided under subsection (a)(3) shall not be
required to enable the lessor to complete the process to recover full
possession of the property; and
`(B) the clerk of the court shall immediately serve upon the lessor and
the debtor a certified copy of the docket indicating such failure.'.
SEC. 312. EXTENSION OF PERIOD BETWEEN BANKRUPTCY DISCHARGES.
Title 11, United States Code, is amended--
(1) in section 727(a)(8), by striking `six' and inserting `8'; and
(2) in section 1328, by inserting after subsection (e) the following:
`(f) Notwithstanding subsections (a) and (b), the court shall not grant
a discharge of all debts provided for in the plan or disallowed under
section 502, if the debtor has received a discharge--
`(1) in a case filed under chapter 7, 11, or 12 of this title during
the 4-year period preceding the date of the order for relief under this
chapter, or
`(2) in a case filed under chapter 13 of this title during the 2-year period preceding the date of such order.'.
SEC. 313. DEFINITION OF HOUSEHOLD GOODS AND ANTIQUES.
(a) DEFINITION- Section 522(f) of title 11, United States Code, is amended by adding at the end the following:
`(4)(A) Subject to subparagraph (B), for purposes of paragraph (1)(B), the term `household goods' means--
`(i) clothing;
`(ii) furniture;
`(iii) appliances;
`(iv) 1 radio;
`(v) 1 television;
`(vi) 1 VCR;
`(vii) linens;
`(viii) china;
`(ix) crockery;
`(x) kitchenware;
`(xi) educational materials and educational equipment primarily for the use of minor dependent children of the debtor;
(xii) medical equipment and supplies;
`(xiii) furniture exclusively for the use of minor children, or elderly or disabled dependents of the debtor;
`(xiv) personal effects (including the toys and hobby equipment of
minor dependent children and wedding rings) of the debtor and the
dependents of the debtor; and
`(xv) 1 personal computer and related equipment.
`(B) The term `household goods' does not include--
`(i) works of art (unless by or of the debtor, or any relative of the debtor);
`(ii) electronic entertainment equipment with a fair market value of
more than $500 in the aggregate (except 1 television, 1 radio, and 1
VCR);
`(iii) items acquired as antiques with a fair market value of more than $500 in the aggregate;
`(iv) jewelry with a fair market value of more than $500 in the aggregate (except wedding rings); and
`(v) a computer (except as otherwise provided for in this section),
motor vehicle (including a tractor or lawn tractor), boat, or a
motorized recreational device, conveyance, vehicle, watercraft, or
aircraft.'.
(b) STUDY- Not later than 2 years after the date of enactment of this
Act, the Director of the Executive Office for United States Trustees
shall submit a report to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of Representatives
containing its findings regarding utilization of the definition of
household goods, as defined in section 522(f)(4) of title 11, United
States Code, as added by subsection (a), with respect to the avoidance
of nonpossessory, nonpurchase money security interests in household
goods under section 522(f)(1)(B) of title 11, United States Code, and
the impact such section 522(f)(4) has had on debtors and on the
bankruptcy courts. Such report may include recommendations for
amendments to such section 522(f)(4) consistent with the Director's
findings.
SEC. 314. DEBT INCURRED TO PAY NONDISCHARGEABLE DEBTS.
(a) IN GENERAL- Section 523(a) of title 11, United States Code, is amended by inserting after paragraph (14) the following:
`(14A) incurred to pay a tax to a governmental unit, other than the
United States, that would be nondischargeable under paragraph (1);'.
(b) DISCHARGE UNDER CHAPTER 13- Section 1328(a) of title 11, United
States Code, is amended by striking paragraphs (1) through (3) and
inserting the following:
`(1) provided for under section 1322(b)(5);
`(2) of the kind specified in paragraph (2), (3), (4), (5), (8), or (9) of section 523(a);
`(3) for restitution, or a criminal fine, included in a sentence on the debtor's conviction of a crime; or
`(4) for restitution, or damages, awarded in a civil action against the
debtor as a result of willful or malicious injury by the debtor that
caused personal injury to an individual or the death of an
individual.'.
SEC. 315. GIVING CREDITORS FAIR NOTICE IN CHAPTERS 7 AND 13 CASES.
(a) NOTICE- Section 342 of title 11, United States Code, as amended by section 102, is amended--
(1) in subsection (c)--
(A) by inserting `(1)' after `(c)';
(B) by striking `, but the failure of such notice to contain such
information shall not invalidate the legal effect of such notice'; and
(C) by adding at the end the following:
`(2)(A) If, within the 90 days before the commencement of a voluntary
case, a creditor supplies the debtor in at least 2 communications sent
to the debtor with the current account number of the debtor and the
address at which such creditor requests to receive correspondence, then
any notice required by this title to be sent by the debtor to such
creditor shall be sent to such address and shall include such account
number.
`(B) If a creditor would be in violation of applicable nonbankruptcy
law by sending any such communication within such 90-day period and if
such creditor supplies the debtor in the last 2 communications with the
current account number of the debtor and the address at which such
creditor requests to receive correspondence, then any notice required
by this title to be sent by the debtor to such creditor shall be sent
to such address and shall include such account number.'; and
(2) by adding at the end the following:
`(e)(1) In a case under chapter 7 or 13 of this title of a debtor who
is an individual, a creditor at any time may both file with the court
and serve on the debtor a notice of address to be used to provide
notice in such case to such creditor.
`(2) Any notice in such case required to be provided to such creditor
by the debtor or the court later than 5 days after the court and the
debtor receive such creditor's notice of address, shall be provided to
such address.
`(f)(1) An entity may file with any bankruptcy court a notice of
address to be used by all the bankruptcy courts or by particular
bankruptcy courts, as so specified by such entity at the time such
notice is filed, to provide notice to such entity in all cases under
chapters 7 and 13 pending in the courts with respect to which such
notice is filed, in which such entity is a creditor.
`(2) In any case filed under chapter 7 or 13, any notice required to be
provided by a court with respect to which a notice is filed under
paragraph (1), to such entity later than 30 days after the filing of
such notice under paragraph (1) shall be provided to such address
unless with respect to a particular case a different address is
specified in a notice filed and served in accordance with subsection
(e).
`(3) A notice filed under paragraph (1) may be withdrawn by such entity.
`(g)(1) Notice provided to a creditor by the debtor or the court other
than in accordance with this section (excluding this subsection) shall
not be effective notice until such notice is brought to the attention
of such creditor. If such creditor designates a person or an
organizational subdivision of such creditor to be responsible for
receiving notices under this title and establishes reasonable
procedures so that such notices receivable by such creditor are to be
delivered to such person or such subdivision, then a notice provided to
such creditor other than in accordance with this section (excluding
this subsection) shall not be considered to have been brought to the
attention of such creditor until such notice is received by such person
or such subdivision.
`(2) A monetary penalty may not be imposed on a creditor for a
violation of a stay in effect under section 362(a) (including a
monetary penalty imposed under section 362(k)) or for failure to comply
with section 542 or 543 unless the conduct that is the basis of such
violation or of such failure occurs after such creditor receives notice
effective under this section of the order for relief.'.
(b) DEBTOR'S DUTIES- Section 521 of title 11, United States Code, as amended by sections 106, 225, and 305, is amended--
(1) in subsection (a), as so designated by section 106, by amending paragraph (1) to read as follows:
`(1) file--
`(A) a list of creditors; and
`(B) unless the court orders otherwise--
`(i) a schedule of assets and liabilities;
`(ii) a schedule of current income and current expenditures;
`(iii) a statement of the debtor's financial affairs and, if section 342(b) applies, a certificate--
`(I) of an attorney whose name is indicated on the petition as the
attorney for the debtor, or a bankruptcy petition preparer signing the
petition under section 110(b)(1), indicating that such attorney or the
bankruptcy petition preparer delivered to the debtor the notice
required by section 342(b); or
`(II) if no attorney is so indicated, and no bankruptcy petition
preparer signed the petition, of the debtor that such notice was
received and read by the debtor;
`(iv) copies of all payment advices or other evidence of payment
received within 60 days before the date of the filing of the petition,
by the debtor from any employer of the debtor;
`(v) a statement of the amount of monthly net income, itemized to show how the amount is calculated; and
`(vi) a statement disclosing any reasonably anticipated increase in
income or expenditures over the 12-month period following the date of
the filing of the petition;'; and
(2) by adding at the end the following:
`(e)(1) If the debtor in a case under chapter 7 or 13 is an individual
and if a creditor files with the court at any time a request to receive
a copy of the petition, schedules, and statement of financial affairs
filed by the debtor, then the court shall make such petition, such
schedules, and such statement available to such creditor.
`(2)(A) The debtor shall provide--
`(i) not later than 7 days before the date first set for the first
meeting of creditors, to the trustee a copy of the Federal income tax
return required under applicable law (or at the election of the debtor,
a transcript of such return) for the most recent tax year ending
immediately before the commencement of the case and for which a Federal
income tax return was filed; and
`(ii) at the same time the debtor complies with clause (i), a copy of
such return (or if elected under clause (i), such transcript) to any
creditor that timely requests such copy.
`(B) If the debtor fails to comply with clause (i) or (ii) of
subparagraph (A), the court shall dismiss the case unless the debtor
demonstrates that the failure to so comply is due to circumstances
beyond the control of the debtor.
`(C) If a creditor requests a copy of such tax return or such
transcript and if the debtor fails to provide a copy of such tax return
or such transcript to such creditor at the time the debtor provides
such tax return or such transcript to the trustee, then the court shall
dismiss the case unless the debtor demonstrates that the failure to
provide a copy of such tax return or such transcript is due to
circumstances beyond the control of the debtor.
`(3) If a creditor in a case under chapter 13 files with the court at
any time a request to receive a copy of the plan filed by the debtor,
then the court shall make available to such creditor a copy of the
plan--
`(A) at a reasonable cost; and
`(B) not later than 5 days after such request is filed.
`(f) At the request of the court, the United States trustee, or any
party in interest in a case under chapter 7, 11, or 13, a debtor who is
an individual shall file with the court--
`(1) at the same time filed with the taxing authority, a copy of each
Federal income tax return required under applicable law (or at the
election of the debtor, a transcript of such tax return) with respect
to each tax year of the debtor ending while the case is pending under
such chapter;
`(2) at the same time filed with the taxing authority, each Federal
income tax return required under applicable law (or at the election of
the debtor, a transcript of such tax return) that had not been filed
with such authority as of the date of the commencement of the case and
that was subsequently filed for any tax year of the debtor ending in
the 3-year period ending on the date of the commencement of the case;
`(3) a copy of each amendment to any Federal income tax return or
transcript filed with the court under paragraph (1) or (2); and
`(4) in a case under chapter 13--
`(A) on the date that is either 90 days after the end of such tax year
or 1 year after the date of the commencement of the case, whichever is
later, if a plan is not confirmed before such later date; and
`(B) annually after the plan is confirmed and until the case is closed,
not later than the date that is 45 days before the anniversary of the
confirmation of the plan;
a statement, under penalty of perjury, of the income and expenditures
of the debtor during the tax year of the debtor most recently concluded
before such statement is filed under this paragraph, and of the monthly
income of the debtor, that shows how income, expenditures, and monthly
income are calculated.
`(g)(1) A statement referred to in subsection (f)(4) shall disclose--
`(A) the amount and sources of the income of the debtor;
`(B) the identity of any person responsible with the debtor for the support of any dependent of the debtor; and
`(C) the identity of any person who contributed, and the amount contributed, to the household in which the debtor resides.
`(2) The tax returns, amendments, and statement of income and
expenditures described in subsections (e)(2)(A) and (f) shall be
available to the United States trustee (or the bankruptcy
administrator, if any), the trustee, and any party in interest for
inspection and copying, subject to the requirements of section 315(c)
of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.
`(h) If requested by the United States trustee or by the trustee, the debtor shall provide--
`(1) a document that establishes the identity of the debtor, including
a driver's license, passport, or other document that contains a
photograph of the debtor; or
`(2) such other personal identifying information relating to the debtor that establishes the identity of the debtor.'.
(c)(1) Not later than 180 days after the date of the enactment of this
Act, the Director of the Administrative Office of the United States
Courts shall establish procedures for safeguarding the confidentiality
of any tax information required to be provided under this section.
(2) The procedures under paragraph (1) shall include restrictions on
creditor access to tax information that is required to be provided
under this section.
(3) Not later than 540 days after the date of enactment of this Act,
the Director of the Administrative Office of the United States Courts
shall prepare and submit to the President pro tempore of the Senate and
the Speaker of the House of Representatives a report that--
(A) assesses the effectiveness of the procedures established under paragraph (1); and
(B) if appropriate, includes proposed legislation to--
(i) further protect the confidentiality of tax information; and
(ii) provide penalties for the improper use by any person of the tax
information required to be provided under this section.
SEC. 316. DISMISSAL FOR FAILURE TO TIMELY FILE SCHEDULES OR PROVIDE REQUIRED INFORMATION.
Section 521 of title 11, United States Code, as amended by sections
106, 225, 305, and 315, is amended by adding at the end the following:
`(i)(1) Subject to paragraphs (2) and (4) and notwithstanding section
707(a), if an individual debtor in a voluntary case under chapter 7 or
13 fails to file all of the information required under subsection
(a)(1) within 45 days after the date of the filing of the petition, the
case shall be automatically dismissed effective on the 46th day after
the date of the filing of the petition.
`(2) Subject to paragraph (4) and with respect to a case described in
paragraph (1), any party in interest may request the court to enter an
order dismissing the case. If requested, the court shall enter an order
of dismissal not later than 5 days after such request.
`(3) Subject to paragraph (4) and upon request of the debtor made
within 45 days after the date of the filing of the petition described
in paragraph (1), the court may allow the debtor an additional period
of not to exceed 45 days to file the information required under
subsection (a)(1) if the court finds justification for extending the
period for the filing.
`(4) Notwithstanding any other provision of this subsection, on the
motion of the trustee filed before the expiration of the applicable
period of time specified in paragraph (1), (2), or (3), and after
notice and a hearing, the court may decline to dismiss the case if the
court finds that the debtor attempted in good faith to file all the
information required by subsection (a)(1)(B)(iv) and that the best
interests of creditors would be served by administration of the case.'.
SEC. 317. ADEQUATE TIME TO PREPARE FOR HEARING ON CONFIRMATION OF THE PLAN.
Section 1324 of title 11, United States Code, is amended--
(1) by striking `After' and inserting the following:
`(a) Except as provided in subsection (b) and after'; and
