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{title: 'THOMAS - Bill Text - s3186.is', link: 'http://thomas.loc.gov/cgi-bin/query/z?c106:s3186.is:' }


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Bill Summary & Status

S.3186

Bankruptcy Reform Act of 2000 (Introduced in Senate)
Beginning
 October 11 (legislative day, SEPTEMBER 22), 2000
    SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CONTENTS.
    Sec. 100. Short title; references; table of contents.
 TITLE I--NEEDS-BASED BANKRUPTCY
    SEC. 101. CONVERSION.
    SEC. 102. DISMISSAL OR CONVERSION.
    `Sec. 707. Dismissal of a case or conversion to a case under chapter 11 or 13';
    SEC. 103. SENSE OF CONGRESS AND STUDY.
    SEC. 104. NOTICE OF ALTERNATIVES.
    SEC. 105. DEBTOR FINANCIAL MANAGEMENT TRAINING TEST PROGRAM.
    SEC. 106. CREDIT COUNSELING.
    `Sec. 111. Credit counseling services; financial management instructional courses
    SEC. 107. SCHEDULES OF REASONABLE AND NECESSARY EXPENSES.
 TITLE II--ENHANCED CONSUMER PROTECTION
 Subtitle A--Penalties for Abusive Creditor Practices
    SEC. 201. PROMOTION OF ALTERNATIVE DISPUTE RESOLUTION.
    SEC. 202. EFFECT OF DISCHARGE.
    SEC. 203. DISCOURAGING ABUSE OF REAFFIRMATION PRACTICES.
 Subtitle B--Priority Child Support
    SEC. 211. DEFINITION OF DOMESTIC SUPPORT OBLIGATION.
    SEC. 212. PRIORITIES FOR CLAIMS FOR DOMESTIC SUPPORT OBLIGATIONS.
    SEC. 213. REQUIREMENTS TO OBTAIN CONFIRMATION AND DISCHARGE IN CASES INVOLVING DOMESTIC SUPPORT OBLIGATIONS.
    SEC. 214. EXCEPTIONS TO AUTOMATIC STAY IN DOMESTIC SUPPORT OBLIGATION PROCEEDINGS.
    SEC. 215. NONDISCHARGEABILITY OF CERTAIN DEBTS FOR ALIMONY, MAINTENANCE, AND SUPPORT.
    SEC. 216. CONTINUED LIABILITY OF PROPERTY.
    SEC. 217. PROTECTION OF DOMESTIC SUPPORT CLAIMS AGAINST PREFERENTIAL TRANSFER MOTIONS.
    SEC. 218. DISPOSABLE INCOME DEFINED.
    SEC. 219. COLLECTION OF CHILD SUPPORT.
    SEC. 220. NONDISCHARGEABILITY OF CERTAIN EDUCATIONAL BENEFITS AND LOANS.
 Subtitle C--Other Consumer Protections
    SEC. 221. AMENDMENTS TO DISCOURAGE ABUSIVE BANKRUPTCY FILINGS.
    SEC. 222. SENSE OF CONGRESS.
    SEC. 223. ADDITIONAL AMENDMENTS TO TITLE 11, UNITED STATES CODE.
    SEC. 224. PROTECTION OF RETIREMENT SAVINGS IN BANKRUPTCY.
    SEC. 225. PROTECTION OF EDUCATION SAVINGS IN BANKRUPTCY.
    SEC. 226. DEFINITIONS.
    SEC. 227. RESTRICTIONS ON DEBT RELIEF AGENCIES.
    `Sec. 526. Restrictions on debt relief agencies
    SEC. 228. DISCLOSURES.
    `Sec. 527. Disclosures
    SEC. 229. REQUIREMENTS FOR DEBT RELIEF AGENCIES.
    `Sec. 528. Requirements for debt relief agencies
    SEC. 230. GAO STUDY.
 TITLE III--DISCOURAGING BANKRUPTCY ABUSE
    SEC. 301. REINFORCEMENT OF THE FRESH START.
    SEC. 302. DISCOURAGING BAD FAITH REPEAT FILINGS.
    SEC. 303. CURBING ABUSIVE FILINGS.
    SEC. 304. DEBTOR RETENTION OF PERSONAL PROPERTY SECURITY.
    SEC. 305. RELIEF FROM THE AUTOMATIC STAY WHEN THE DEBTOR DOES NOT COMPLETE INTENDED SURRENDER OF CONSUMER DEBT COLLATERAL.
    SEC. 306. GIVING SECURED CREDITORS FAIR TREATMENT IN CHAPTER 13.
    SEC. 307. DOMICILIARY REQUIREMENTS FOR EXEMPTIONS.
    SEC. 308. RESIDENCY REQUIREMENT FOR HOMESTEAD EXEMPTION.
    SEC. 309. PROTECTING SECURED CREDITORS IN CHAPTER 13 CASES.
    SEC. 310. LIMITATION ON LUXURY GOODS.
    SEC. 311. AUTOMATIC STAY.
    SEC. 312. EXTENSION OF PERIOD BETWEEN BANKRUPTCY DISCHARGES.
    SEC. 313. DEFINITION OF HOUSEHOLD GOODS AND ANTIQUES.
    SEC. 314. DEBT INCURRED TO PAY NONDISCHARGEABLE DEBTS.
    SEC. 315. GIVING CREDITORS FAIR NOTICE IN CHAPTERS 7 AND 13 CASES.
    SEC. 316. DISMISSAL FOR FAILURE TO TIMELY FILE SCHEDULES OR PROVIDE REQUIRED INFORMATION.
    SEC. 317. ADEQUATE TIME TO PREPARE FOR HEARING ON CONFIRMATION OF THE PLAN.
    SEC. 318. CHAPTER 13 PLANS TO HAVE A 5-YEAR DURATION IN CERTAIN CASES.
    SEC. 319. SENSE OF CONGRESS REGARDING EXPANSION OF RULE 9011 OF THE FEDERAL RULES OF BANKRUPTCY PROCEDURE.
    SEC. 320. PROMPT RELIEF FROM STAY IN INDIVIDUAL CASES.
    SEC. 321. CHAPTER 11 CASES FILED BY INDIVIDUALS.
    `Sec. 1115. Property of the estate
    SEC. 322. LIMITATION.
    SEC. 323. EXCLUDING EMPLOYEE BENEFIT PLAN PARTICIPANT CONTRIBUTIONS AND OTHER PROPERTY FROM THE ESTATE.
    SEC. 324. EXCLUSIVE JURISDICTION IN MATTERS INVOLVING BANKRUPTCY PROFESSIONALS.
    SEC. 325. UNITED STATES TRUSTEE PROGRAM FILING FEE INCREASE.
    SEC. 326. SHARING OF COMPENSATION.
    SEC. 327. FAIR VALUATION OF COLLATERAL.
    SEC. 328. DEFAULTS BASED ON NONMONETARY OBLIGATIONS.
 TITLE IV--GENERAL AND SMALL BUSINESS BANKRUPTCY PROVISIONS
 Subtitle A--General Business Bankruptcy Provisions
    SEC. 401. ADEQUATE PROTECTION FOR INVESTORS.
    SEC. 402. MEETINGS OF CREDITORS AND EQUITY SECURITY HOLDERS.
    SEC. 403. PROTECTION OF REFINANCE OF SECURITY INTEREST.
    SEC. 404. EXECUTORY CONTRACTS AND UNEXPIRED LEASES.
    SEC. 405. CREDITORS AND EQUITY SECURITY HOLDERS COMMITTEES.
    SEC. 406. AMENDMENT TO SECTION 546 OF TITLE 11, UNITED STATES CODE.
    SEC. 407. AMENDMENTS TO SECTION 330(a) OF TITLE 11, UNITED STATES CODE.
    SEC. 408. POSTPETITION DISCLOSURE AND SOLICITATION.
    SEC. 409. PREFERENCES.
    SEC. 410. VENUE OF CERTAIN PROCEEDINGS.
    SEC. 411. PERIOD FOR FILING PLAN UNDER CHAPTER 11.
    SEC. 412. FEES ARISING FROM CERTAIN OWNERSHIP INTERESTS.
    SEC. 413. CREDITOR REPRESENTATION AT FIRST MEETING OF CREDITORS.
    SEC. 414. DEFINITION OF DISINTERESTED PERSON.
    SEC. 415. FACTORS FOR COMPENSATION OF PROFESSIONAL PERSONS.
    SEC. 416. APPOINTMENT OF ELECTED TRUSTEE.
    SEC. 417. UTILITY SERVICE.
    SEC. 418. BANKRUPTCY FEES.
    SEC. 419. MORE COMPLETE INFORMATION REGARDING ASSETS OF THE ESTATE.
 Subtitle B--Small Business Bankruptcy Provisions
    SEC. 431. FLEXIBLE RULES FOR DISCLOSURE STATEMENT AND PLAN.
    SEC. 432. DEFINITIONS.
    SEC. 433. STANDARD FORM DISCLOSURE STATEMENT AND PLAN.
    SEC. 434. UNIFORM NATIONAL REPORTING REQUIREMENTS.
    `Sec. 308. Debtor reporting requirements
    SEC. 435. UNIFORM REPORTING RULES AND FORMS FOR SMALL BUSINESS CASES.
    SEC. 436. DUTIES IN SMALL BUSINESS CASES.
    `Sec. 1116. Duties of trustee or debtor in possession in small business cases
    SEC. 437. PLAN FILING AND CONFIRMATION DEADLINES.
    SEC. 438. PLAN CONFIRMATION DEADLINE.
    SEC. 439. DUTIES OF THE UNITED STATES TRUSTEE.
    SEC. 440. SCHEDULING CONFERENCES.
    SEC. 441. SERIAL FILER PROVISIONS.
    SEC. 442. EXPANDED GROUNDS FOR DISMISSAL OR CONVERSION AND APPOINTMENT OF TRUSTEE.
    SEC. 443. STUDY OF OPERATION OF TITLE 11, UNITED STATES CODE, WITH RESPECT TO SMALL BUSINESSES.
    SEC. 444. PAYMENT OF INTEREST.
    SEC. 445. PRIORITY FOR ADMINISTRATIVE EXPENSES.
 TITLE V--MUNICIPAL BANKRUPTCY PROVISIONS
    SEC. 501. PETITION AND PROCEEDINGS RELATED TO PETITION.
    SEC. 502. APPLICABILITY OF OTHER SECTIONS TO CHAPTER 9.
 TITLE VI--BANKRUPTCY DATA
    SEC. 601. IMPROVED BANKRUPTCY STATISTICS.
    `Sec. 159. Bankruptcy statistics
    SEC. 602. UNIFORM RULES FOR THE COLLECTION OF BANKRUPTCY DATA.
    `Sec. 589b. Bankruptcy data
    SEC. 603. AUDIT PROCEDURES.
    SEC. 604. SENSE OF CONGRESS REGARDING AVAILABILITY OF BANKRUPTCY DATA.
 TITLE VII--BANKRUPTCY TAX PROVISIONS
    SEC. 701. TREATMENT OF CERTAIN LIENS.
    SEC. 702. TREATMENT OF FUEL TAX CLAIMS.
    SEC. 703. NOTICE OF REQUEST FOR A DETERMINATION OF TAXES.
    SEC. 704. RATE OF INTEREST ON TAX CLAIMS.
    `Sec. 511. Rate of interest on tax claims
    SEC. 705. PRIORITY OF TAX CLAIMS.
    SEC. 706. PRIORITY PROPERTY TAXES INCURRED.
    SEC. 707. NO DISCHARGE OF FRAUDULENT TAXES IN CHAPTER 13.
    SEC. 708. NO DISCHARGE OF FRAUDULENT TAXES IN CHAPTER 11.
    SEC. 709. STAY OF TAX PROCEEDINGS LIMITED TO PREPETITION TAXES.
    SEC. 710. PERIODIC PAYMENT OF TAXES IN CHAPTER 11 CASES.
    SEC. 711. AVOIDANCE OF STATUTORY TAX LIENS PROHIBITED.
    SEC. 712. PAYMENT OF TAXES IN THE CONDUCT OF BUSINESS.
    SEC. 713. TARDILY FILED PRIORITY TAX CLAIMS.
    SEC. 714. INCOME TAX RETURNS PREPARED BY TAX AUTHORITIES.
    SEC. 715. DISCHARGE OF THE ESTATE'S LIABILITY FOR UNPAID TAXES.
    SEC. 716. REQUIREMENT TO FILE TAX RETURNS TO CONFIRM CHAPTER 13 PLANS.
    `Sec. 1308. Filing of prepetition tax returns
    SEC. 717. STANDARDS FOR TAX DISCLOSURE.
    SEC. 718. SETOFF OF TAX REFUNDS.
    SEC. 719. SPECIAL PROVISIONS RELATED TO THE TREATMENT OF STATE AND LOCAL TAXES.
    `Sec. 346. Special provisions related to the treatment of state and local taxes
    SEC. 720. DISMISSAL FOR FAILURE TO TIMELY FILE TAX RETURNS.
 TITLE VIII--ANCILLARY AND OTHER CROSS-BORDER CASES
    SEC. 801. AMENDMENT TO ADD CHAPTER 15 TO TITLE 11, UNITED STATES CODE.
 `CHAPTER 15--ANCILLARY AND OTHER CROSS-BORDER CASES
    `Sec. 1501. Purpose and scope of application
 `SUBCHAPTER I--GENERAL PROVISIONS
    `Sec. 1502. Definitions
    `Sec. 1503. International obligations of the United States
    `Sec. 1504. Commencement of ancillary case
    `Sec. 1505. Authorization to act in a foreign country
    `Sec. 1506. Public policy exception
    `Sec. 1507. Additional assistance
    `Sec. 1508. Interpretation
 `SUBCHAPTER II--ACCESS OF FOREIGN REPRESENTATIVES AND CREDITORS TO THE COURT
    `Sec. 1509. Right of direct access
    `Sec. 1510. Limited jurisdiction
    `Sec. 1511. Commencement of case under section 301 or 303
    `Sec. 1512. Participation of a foreign representative in a case under this title
    `Sec. 1513. Access of foreign creditors to a case under this title
    `Sec. 1514. Notification to foreign creditors concerning a case under this title
 `SUBCHAPTER III--RECOGNITION OF A FOREIGN PROCEEDING AND RELIEF
    `Sec. 1515. Application for recognition
    `Sec. 1516. Presumptions concerning recognition
    `Sec. 1517. Order granting recognition
    `Sec. 1518. Subsequent information
    `Sec. 1519. Relief that may be granted upon filing petition for recognition
    `Sec. 1520. Effects of recognition of a foreign main proceeding
    `Sec. 1521. Relief that may be granted upon recognition
    `Sec. 1522. Protection of creditors and other interested persons
    `Sec. 1523. Actions to avoid acts detrimental to creditors
    `Sec. 1524. Intervention by a foreign representative
 `SUBCHAPTER IV--COOPERATION WITH FOREIGN COURTS AND FOREIGN REPRESENTATIVES
    `Sec. 1525. Cooperation and direct communication between the court and foreign courts or foreign representatives
    `Sec. 1526. Cooperation and direct communication between the trustee and foreign courts or foreign representatives
    `Sec. 1527. Forms of cooperation
 `SUBCHAPTER V--CONCURRENT PROCEEDINGS
    `Sec. 1528. Commencement of a case under this title after recognition of a foreign main proceeding
    `Sec. 1529. Coordination of a case under this title and a foreign proceeding
    `Sec. 1530. Coordination of more than 1 foreign proceeding
    `Sec. 1531. Presumption of insolvency based on recognition of a foreign main proceeding
    `Sec. 1532. Rule of payment in concurrent proceedings
    SEC. 802. OTHER AMENDMENTS TO TITLES 11 AND 28, UNITED STATES CODE.
    `Sec. 1410. Venue of cases ancillary to foreign proceedings
 TITLE IX--FINANCIAL CONTRACT PROVISIONS
    SEC. 901. TREATMENT OF CERTAIN AGREEMENTS BY CONSERVATORS OR RECEIVERS OF INSURED DEPOSITORY INSTITUTIONS.
    SEC. 902. AUTHORITY OF THE CORPORATION WITH RESPECT TO FAILED AND FAILING INSTITUTIONS.
    SEC. 903. AMENDMENTS RELATING TO TRANSFERS OF QUALIFIED FINANCIAL CONTRACTS.
    SEC. 904. AMENDMENTS RELATING TO DISAFFIRMANCE OR REPUDIATION OF QUALIFIED FINANCIAL CONTRACTS.
    SEC. 905. CLARIFYING AMENDMENT RELATING TO MASTER AGREEMENTS.
    SEC. 906. FEDERAL DEPOSIT INSURANCE CORPORATION IMPROVEMENT ACT OF 1991.
    `SEC. 407. TREATMENT OF CONTRACTS WITH UNINSURED NATIONAL BANKS AND UNINSURED FEDERAL BRANCHES AND AGENCIES.
    SEC. 907. BANKRUPTCY CODE AMENDMENTS.
    `Sec. 555. Contractual right to liquidate, terminate, or accelerate a securities contract';
    `Sec. 556. Contractual right to liquidate, terminate, or accelerate a commodities contract or forward contract';
    `Sec. 559. Contractual right to liquidate, terminate, or accelerate a repurchase agreement';
    `Sec. 560. Contractual right to liquidate, terminate, or accelerate a swap agreement';
    `Sec. 561. Contractual right to terminate, liquidate, accelerate, or offset under a master netting agreement and across contracts
    SEC. 908. RECORDKEEPING REQUIREMENTS.
    SEC. 909. EXEMPTIONS FROM CONTEMPORANEOUS EXECUTION REQUIREMENT.
    SEC. 910. DAMAGE MEASURE.
    SEC. 911. SIPC STAY.
    SEC. 912. ASSET-BACKED SECURITIZATIONS.
    SEC. 913. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
 TITLE X--PROTECTION OF FAMILY FARMERS
    SEC. 1001. PERMANENT REENACTMENT OF CHAPTER 12.
    SEC. 1002. DEBT LIMIT INCREASE.
    SEC. 1003. CERTAIN CLAIMS OWED TO GOVERNMENTAL UNITS.
 TITLE XI--HEALTH CARE AND EMPLOYEE BENEFITS
    SEC. 1101. DEFINITIONS.
    SEC. 1102. DISPOSAL OF PATIENT RECORDS.
    `Sec. 351. Disposal of patient records
    SEC. 1103. ADMINISTRATIVE EXPENSE CLAIM FOR COSTS OF CLOSING A HEALTH CARE BUSINESS AND OTHER ADMINISTRATIVE EXPENSES.
    SEC. 1104. APPOINTMENT OF OMBUDSMAN TO ACT AS PATIENT ADVOCATE.
    `Sec. 332. Appointment of ombudsman
    SEC. 1105. DEBTOR IN POSSESSION; DUTY OF TRUSTEE TO TRANSFER PATIENTS.
    SEC. 1106. EXCLUSION FROM PROGRAM PARTICIPATION NOT SUBJECT TO AUTOMATIC STAY.
 TITLE XII--TECHNICAL AMENDMENTS
    SEC. 1201. DEFINITIONS.
    SEC. 1202. ADJUSTMENT OF DOLLAR AMOUNTS.
    SEC. 1203. EXTENSION OF TIME.
    SEC. 1204. TECHNICAL AMENDMENTS.
    SEC. 1205. PENALTY FOR PERSONS WHO NEGLIGENTLY OR FRAUDULENTLY PREPARE BANKRUPTCY PETITIONS.
    SEC. 1206. LIMITATION ON COMPENSATION OF PROFESSIONAL PERSONS.
    SEC. 1207. EFFECT OF CONVERSION.
    SEC. 1208. ALLOWANCE OF ADMINISTRATIVE EXPENSES.
    SEC. 1209. EXCEPTIONS TO DISCHARGE.
    SEC. 1210. EFFECT OF DISCHARGE.
    SEC. 1211. PROTECTION AGAINST DISCRIMINATORY TREATMENT.
    SEC. 1212. PROPERTY OF THE ESTATE.
    SEC. 1213. PREFERENCES.
    SEC. 1214. POSTPETITION TRANSACTIONS.
    SEC. 1215. DISPOSITION OF PROPERTY OF THE ESTATE.
    SEC. 1216. GENERAL PROVISIONS.
    SEC. 1217. ABANDONMENT OF RAILROAD LINE.
    SEC. 1218. CONTENTS OF PLAN.
    SEC. 1219. DISCHARGE UNDER CHAPTER 12.
    SEC. 1220. BANKRUPTCY CASES AND PROCEEDINGS.
    SEC. 1221. KNOWING DISREGARD OF BANKRUPTCY LAW OR RULE.
    SEC. 1222. TRANSFERS MADE BY NONPROFIT CHARITABLE CORPORATIONS.
    SEC. 1223. PROTECTION OF VALID PURCHASE MONEY SECURITY INTERESTS.
    SEC. 1224. EXTENSIONS.
    SEC. 1225. BANKRUPTCY JUDGESHIPS.
    SEC. 1226. COMPENSATING TRUSTEES.
    SEC. 1227. AMENDMENT TO SECTION 362 OF TITLE 11, UNITED STATES CODE.
    SEC. 1228. JUDICIAL EDUCATION.
    SEC. 1229. RECLAMATION.
    SEC. 1230. PROVIDING REQUESTED TAX DOCUMENTS TO THE COURT.
    SEC. 1231. ENCOURAGING CREDITWORTHINESS.
    SEC. 1232. PROPERTY NO LONGER SUBJECT TO REDEMPTION.
    SEC. 1233. TRUSTEES.
    SEC. 1234. BANKRUPTCY FORMS.
    SEC. 1235. EXPEDITED APPEALS OF BANKRUPTCY CASES TO COURTS OF APPEALS.
    SEC. 1236. EXEMPTIONS.
 TITLE XIII--CONSUMER CREDIT DISCLOSURE
    SEC. 1301. ENHANCED DISCLOSURES UNDER AN OPEN END CREDIT PLAN.
    SEC. 1302. ENHANCED DISCLOSURE FOR CREDIT EXTENSIONS SECURED BY A DWELLING.
    SEC. 1303. DISCLOSURES RELATED TO `INTRODUCTORY RATES'.
    SEC. 1304. INTERNET-BASED CREDIT CARD SOLICITATIONS.
    SEC. 1305. DISCLOSURES RELATED TO LATE PAYMENT DEADLINES AND PENALTIES.
    SEC. 1306. PROHIBITION ON CERTAIN ACTIONS FOR FAILURE TO INCUR FINANCE CHARGES.
    SEC. 1307. DUAL USE DEBIT CARD.
    SEC. 1308. STUDY OF BANKRUPTCY IMPACT OF CREDIT EXTENDED TO DEPENDENT STUDENTS.
    SEC. 1309. CLARIFICATION OF CLEAR AND CONSPICUOUS.
    SEC. 1310. ENFORCEMENT OF CERTAIN FOREIGN JUDGMENTS BARRED.
 TITLE XIV--GENERAL EFFECTIVE DATE; APPLICATION OF AMENDMENTS
    SEC. 1401. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
 
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