Home > 106th Congressional Bills > H.R. 834 (eas) [Engrossed Amendment Senate] ...H.R. 834 (eas) [Engrossed Amendment Senate] ...
Union Calendar No. 66
106th CONGRESS
1st Session
H. R. 833
[Report No. 106-123]
_______________________________________________________________________
A BILL
To amend title 11 of the United States Code, and for other purposes.
_______________________________________________________________________
April 29, 1999
Reported from the Committee on the Judiciary with an amendment
April 29, 1999
Referral to the Committee on Banking and Financial Services extended
for a period ending not later than April 29, 1999
April 29, 1999
Committee on Banking and Financial Services discharged; committed to
the Committee of the Whole House on the State of the Union and ordered
to be printed
Union Calendar No. 66
106th CONGRESS
1st Session
H. R. 833
[Report No. 106-123]
To amend title 11 of the United States Code, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 24, 1999
Mr. Gekas (for himself, Mr. Boucher, Mr. McCollum, Mr. Moran of
Virginia, Mr. Armey, Mr. Frost, Mr. Menendez, Ms. Pryce of Ohio, Mrs.
Fowler, Mr. Kennedy of Rhode Island, Mr. Dreier, Mr. Canady of Florida,
Mr. Goodlatte, Mr. Chabot, Mr. Bryant, Mr. Rothman, Mrs. Bono, Mr.
Andrews, Mr. Baker, Mr. Bereuter, Mr. Cunningham, Mr. Dooley of
California, Ms. Dunn, Ms. Hooley of Oregon, Mrs. Kelly, Mr. Largent,
Mr. Maloney of Connecticut, Mr. Riley, Mr. Roemer, Mr. Sessions, Mr.
Smith of Washington, Mrs. Tauscher, Ms. Velazquez, Mr. Wynn, Mr. Davis
of Virginia, Mr. Davis of Florida, and Mr. Hall of Texas) introduced
the following bill; which was referred to the Committee on the
Judiciary, and in addition to the Committee on Banking and Financial
Services, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
April 29, 1999
Additional sponsors: Mr. Cook, Mr. Cooksey, Mr. English, Mr. Goode, Mr.
Hill of Montana, Mr. Hilleary, Mr. Metcalf, Mr. Oxley, Mr. Royce, Mr.
Sisisky, Mr. Stump, Mr. Tanner, Mr. Tauzin, Mr. Barton of Texas, Mr.
Buyer, Mrs. Capps, Mr. Ehrlich, Mr. Graham, Mr. Hunter, Mr. Smith of
Michigan, Mr. Strickland, Mr. Sununu, Mr. Talent, Mr. Bliley, Mr.
Burton of Indiana, Mr. Crane, Mr. Hoyer, Mr. Pickett, Mr. Weller, Mr.
Boehner, Mr. Blumenauer, Mr. Foley, Mr. Holden, Mr. Aderholt, Mr.
Jenkins, Mr. Condit, Mr. Cramer, Mr. Deutsch, Mr. Linder, Mrs. Myrick,
Mr. Nethercutt, Mr. Peterson of Pennsylvania, Mr. Terry, Mr. Weldon of
Florida, Mr. Barr of Georgia, Ms. Eddie Bernice Johnson of Texas, Mr.
Kleczka, Mrs. Northup, Mr. Pastor, Ms. Berkley, Mr. Blagojevich, Mr.
Lucas of Kentucky, Mr. Sensenbrenner, Mr. Burr of North Carolina, Mr.
Ney, Mr. Sandlin, Mr. Boyd, Mr. Collins, Mr. Gordon, Mr. McIntosh, Mr.
Scarborough, Mr. Barcia, Mrs. Chenoweth, Mr. Upton, Mr. Camp, Mr.
Simpson, Mr. Castle, Mr. John, Mr. Norwood, and Mr. Sweeney
Deleted sponsor: Mr. Brady of Pennsylvania (added March 23, 1999;
deleted April 28, 1999)
April 29, 1999
Reported from the Committee on the Judiciary with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
April 29, 1999
Referral to the Committee on Banking and Financial Services extended
for a period ending not later than April 29, 1999
April 29, 1999
Committee on Banking and Financial Services discharged; committed to
the Committee of the Whole House on the State of the Union and ordered
to be printed
[For text of introduced bill, see copy of bill as introduced on
February 24, 1999]
A BILL
To amend title 11 of the United States Code, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Bankruptcy Reform
Act of 1999''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--CONSUMER BANKRUPTCY PROVISIONS
Subtitle A--Needs based bankruptcy
Sec. 101. Conversion.
Sec. 102. Dismissal or conversion.
Sec. 103. Notice of alternatives.
Sec. 104. Debtor financial management training test program.
Subtitle B--Consumer Bankruptcy Protections
Sec. 105. Definitions.
Sec. 106. Enforcement.
Sec. 107. Sense of the congress.
Sec. 108. Discouraging abusive reaffirmation practices.
Sec. 109. Promotion of alternative dispute resolution.
Sec. 110. Enhanced disclosure for credit extensions secured by a
dwelling.
Sec. 111. Dual use debit card.
Sec. 112. Enhanced disclosures under an open-end credit plan.
Sec. 113. Protection of savings earmarked for the postsecondary
education of children.
Sec. 114. Effect of discharge.
Sec. 115. Limiting trustee liability.
Sec. 116. Reinforce the fresh start.
Sec. 117. Discouraging bad faith repeat filings.
Sec. 118. Curbing abusive filings.
Sec. 119. Debtor retention of personal property security.
Sec. 120. Relief from the automatic stay when the debtor does not
complete intended surrender of consumer
debt collateral.
Sec. 121. Giving secured creditors fair treatment in chapter 13.
Sec. 122. Restraining abusive purchases on secured credit.
Sec. 123. Fair valuation of collateral.
Sec. 124. Domiciliary requirements for exemptions.
Sec. 125. Restrictions on certain exempt property obtained through
fraud.
Sec. 126. Rolling stock equipment.
Sec. 127. Discharge under chapter 13.
Sec. 128. Bankruptcy judgeships.
Sec. 129. Additional amendments to title 11, United States Code.
Sec. 130. Amendment to section 1325 of title 11, United States Code.
Sec. 131. Application of the codebtor stay only when the stay protects
the debtor.
Sec. 132. Adequate protection for investors.
Sec. 133. Limitation on luxury goods.
Sec. 134. Giving debtors the ability to keep leased personal property
by assumption.
Sec. 135. Adequate protection of lessors and purchase money secured
creditors.
Sec. 136. Automatic stay.
Sec. 137. Extend period between bankruptcy discharges.
Sec. 138. Definition of domestic support obligation.
Sec. 139. Priorities for claims for domestic support obligations.
Sec. 140. Requirements to obtain confirmation and discharge in cases
involving domestic support obligations.
Sec. 141. Exceptions to automatic stay in domestic support obligation
proceedings.
Sec. 142. Nondischargeability of certain debts for alimony,
maintenance, and support.
Sec. 143. Continued liability of property.
Sec. 144. Protection of domestic support claims against preferential
transfer motions.
Sec. 145. Clarification of meaning of household goods.
Sec. 146. Nondischargeable debts.
Sec. 147. Monetary limitation on certain exempt property.
Sec. 148. Bankruptcy fees.
Sec. 149. Collection of child support.
Sec. 150. Excluding employee benefit plan participant contributions and
other property from the estate.
Sec. 151. Clarification of postpetition wages and benefits.
Sec. 152. Exceptions to automatic stay in domestic support obligation
proceedings.
Sec. 153. Automatic stay inapplicable to certain proceedings against
the debtor.
TITLE II--DISCOURAGING BANKRUPTCY ABUSE
Sec. 201. Reenactment of chapter 12.
Sec. 202. Meetings of creditors and equity security holders.
Sec. 203. Protection of retirement savings in bankruptcy.
Sec. 204. Protection of refinance of security interest.
Sec. 205. Executory contracts and unexpired leases.
Sec. 206. Creditors and equity security holders committees.
Sec. 207. Amendment to section 546 of title 11, United States Code.
Sec. 208. Limitation.
Sec. 209. Amendment to section 330(a) of title 11, United States Code.
Sec. 210. Postpetition disclosure and solicitation.
Sec. 211. Preferences.
Sec. 212. Venue of certain proceedings.
Sec. 213. Period for filing plan under chapter 11.
Sec. 214. Fees arising from certain ownership interests.
Sec. 215. Claims relating to insurance deposits in cases ancillary to
foreign proceedings.
Sec. 216. Defaults based on nonmonetary obligations.
Sec. 217. Sharing of compensation.
Sec. 218. Priority for administrative expenses.
TITLE III--GENERAL BUSINESS BANKRUPTCY PROVISIONS
Sec. 301. Definition of disinterested person.
Sec. 302. Miscellaneous improvements.
Sec. 303. Extensions.
Sec. 304. Local filing of bankruptcy cases.
Sec. 305. Permitting assumption of contracts.
TITLE IV SMALL BUSINESS BANKRUPTCY PROVISIONS
Sec. 401. Flexible rules for disclosure Statement and plan.
Sec. 402. Definitions.
Sec. 403. Standard form disclosure Statement and plan.
Sec. 404. Uniform national reporting requirements.
Sec. 405. Uniform reporting rules and forms for small business cases.
Sec. 406. Duties in small business cases.
Sec. 407. Plan filing and confirmation deadlines.
Sec. 408. Plan confirmation deadline.
Sec. 409. Prohibition against extension of time.
Sec. 410. Duties of the United States trustee.
Sec. 411. Scheduling conferences.
Sec. 412. Serial filer provisions.
Sec. 413. Expanded grounds for dismissal or conversion and appointment
of trustee or examiner.
Sec. 414. Study of operation of title 11 of the United States Code with
respect to small businesses.
Sec. 415. Payment of interest.
TITLE V--MUNICIPAL BANKRUPTCY PROVISIONS
Sec. 501. Petition and proceedings related to petition.
Sec. 502. Applicability of other sections to chapter 9.
TITLE VI--STREAMLINING THE BANKRUPTCY SYSTEM
Sec. 601. Creditor representation at first meeting of creditors.
Sec. 602. Audit procedures.
Sec. 603. Giving creditors fair notice in chapter 7 and 13 cases.
Sec. 604. Dismissal for failure to timely file schedules or provide
required information.
Sec. 605. Adequate time to prepare for hearing on confirmation of the
plan.
Sec. 606. Chapter 13 plans to have a 5-year duration in certain cases.
Sec. 607. Sense of the Congress regarding expansion of rule 9011 of the
Federal Rules of Bankruptcy Procedure.
Sec. 608. Elimination of certain fees payable in chapter 11 bankruptcy
cases.
Sec. 609. Study of bankruptcy impact of credit extended to dependent
students.
Sec. 610. Prompt relief from stay in individual cases.
Sec. 611. Stopping abusive conversions from chapter 13.
Sec. 612. Bankruptcy appeals.
Sec. 613. GAO study.
TITLE VII--BANKRUPTCY DATA
Sec. 701. Improved bankruptcy statistics.
Sec. 702. Uniform rules for the collection of bankruptcy data.
Sec. 703. Sense of the Congress regarding availability of bankruptcy
data.
TITLE VIII--BANKRUPTCY TAX PROVISIONS
Sec. 801. Treatment of certain liens.
Sec. 802. Effective notice to government.
Sec. 803. Notice of request for a determination of taxes.
Sec. 804. Rate of interest on tax claims.
Sec. 805. Tolling of priority of tax claim time periods.
Sec. 806. Priority property taxes incurred.
Sec. 807. Chapter 13 discharge of fraudulent and other taxes.
Sec. 808. Chapter 11 discharge of fraudulent taxes.
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