Text: H.R.6198 — 111th Congress (2009-2010)All Information (Except Text)

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Public Law No: 111-327 (12/22/2010)

 
[111th Congress Public Law 327]
[From the U.S. Government Printing Office]



[[Page 124 STAT. 3557]]

Public Law 111-327
111th Congress

                                 An Act


 
     To amend title 11 of the United States Code to make technical 
 corrections; and for related purposes. <<NOTE: Dec. 22, 2010 -  [H.R. 
                                6198]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Bankruptcy 
Technical Corrections Act of 2010. 11 USC 101 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bankruptcy Technical Corrections Act 
of 2010''.
SEC. 2. TECHNICAL CORRECTIONS RELATING TO AMENDMENTS MADE BY 
                    PUBLIC LAW 109-8.

    (a) Title 11 of the United States Code.--Title 11 of the United 
States Code is amended--
            (1) in section 101--
                    (A) in paragraph (13A)--
                          (i) in subparagraph (A) by inserting ``if used 
                      as the principal residence by the debtor'' after 
                      ``structure'' the 1st place it appears, and
                          (ii) in subparagraph (B) by inserting ``if 
                      used as the principal residence by the debtor'' 
                      before the period at the end,
                    (B) in paragraph (35) by striking ``(23) and (35)'' 
                and inserting ``(21B) and (33)(A)'',
                    (C) in paragraph (40B) by striking ``written 
                document relating to a patient or a'' and inserting 
                ``record relating to a patient, including a written 
                document or a'',
                    (D) in paragraph (42) by striking ``303, and 304'' 
                and inserting ``303 and 1504'',
                    (E) in paragraph (51B) by inserting ``thereto'' 
                before the period at the end, and
                    (F) in paragraph (51D) by inserting ``of the 
                filing'' after ``date'' the 1st place it appears,
            (2) in section 103(a) by striking ``362(n)'' and inserting 
        ``362(o)'',
            (3) in section 105(d)(2) by inserting ``may'' after 
        ``Procedure,'',
            (4) in section 106(a)(1) by striking ``728,'',
            (5) in section 107(a) by striking ``subsection (b) of this 
        section'' and inserting ``subsections (b) and (c)'',
            (6) in section 109--
                    (A) in subsection (b)(3)(B) by striking ``1978'' and 
                inserting ``1978)'', and
                    (B) in subsection (h)(1)--

[[Page 124 STAT. 3558]]

                          (i) by inserting ``other than paragraph (4) of 
                      this subsection'' after ``this section'', and
                          (ii) by striking ``preceding'' and inserting 
                      ``ending on'',
            (7) in section 110--
                    (A) in subsection (b)(2)(A) by inserting ``or on 
                behalf of'' after ``from'', and
                    (B) in subsection (h)--
                          (i) in the last sentence of paragraph (1)--
                                    (I) by striking ``a'' and inserting 
                                ``the'', and
                                    (II) by inserting ``or on behalf 
                                of'' after ``from'',
                          (ii) in paragraph (3)(A)--
                                    (I) by striking ``found to be in 
                                excess of the value of any services'', 
                                and
                                    (II) in clause (i) by inserting 
                                ``found to be in excess of the value of 
                                any services'' after ``(i)'', and
                          (iii) in paragraph (4) by striking ``paragraph 
                      (2)'' and inserting ``paragraph (3)'',
            (8) in section 111(d)(1)(E)--
                    (A) by striking the period at the end and insert ``; 
                and'', and
                    (B) by indenting the left margin of such 
                subparagraph 2 additional ems to the right,
            (9) in section 303 by redesignating subsection (l) as 
        subsection (k),
            (10) in section 308(b)--
                    (A) by striking ``small business debtor'' and 
                inserting ``debtor in a small business case'', and
                    (B) in paragraph (4)--
                          (i) in subparagraph (A)--
                                    (I) by striking ``(A)'', and
                                    (II) by redesignating clauses (i) 
                                and (ii) as subparagraphs (A) and (B), 
                                respectively,
                          (ii) in subparagraph (B)--
                                    (I) by striking ``(B)'' and 
                                inserting ``(5)'',
                                    (II) by striking ``subparagraph 
                                (A)(i)'' and inserting ``paragraph 
                                (4)(A)'', and
                                    (III) by striking ``subparagraph 
                                (A)(ii)'' and inserting ``paragraph 
                                (4)(B)'',
                          (iii) by redesignating subparagraph (C) as 
                      paragraph (6), and
            (11) in section 348--
                    (A) in subsection (b)--
                          (i) by striking ``728(a), 728(b),'', and
                          (ii) by striking ``1146(a), 1146(b),'', and
                    (B) in subsection (f)(1)(C)(i) by inserting ``of the 
                filing'' after ``date'',
            (12) in section 362--
                    (A) in subsection (a)(8)--
                          (i) by striking ``corporate debtor's'', and
                          (ii) by inserting ``of a debtor that is a 
                      corporation'' after ``liability'' the 1st place it 
                      appears,
                    (B) in subsection (c)--
                          (i) in paragraph (3), in the matter preceding 
                      subparagraph (A), by inserting ``a'' after 
                      ``against'', and

[[Page 124 STAT. 3559]]

                          (ii) in paragraph (4)(A)(i) by inserting 
                      ``under a chapter other than chapter 7 after 
                      dismissal'' after ``refiled'',
                    (C) in subsection (d)(4) by striking ``hinder, and'' 
                and inserting ``hinder, or'', and
                    (D) in subsection (l)(2) by striking 
                ``nonbankrupcty'' and inserting ``nonbankruptcy'',
            (13) in section 363(d)--
                    (A) in the matter preceding paragraph (1) by 
                striking ``only'',
                    (B) by amending paragraph (1) to read as follows:
            ``(1) in the case of a debtor that is a corporation or trust 
        that is not a moneyed business, commercial corporation, or 
        trust, only in accordance with nonbankruptcy law applicable to 
        the transfer of property by a debtor that is such a corporation 
        or trust; and'', and
                    (C) in paragraph (2) by inserting ``only'' after 
                ``(2)'',
            (14) in section 505(a)(2)(C) by striking ``any law (other 
        than a bankruptcy law)'' and inserting ``applicable 
        nonbankruptcy law'',
            (15) in section 507(a)(8)(A)(ii) by striking the period at 
        the end and inserting ``; or'',
            (16) in section 521(a)--
                    (A) in paragraph (2)--
                          (i) in subparagraph (A)--
                                    (I) by striking ``the debtor 
                                shall'', and
                                    (II) by adding ``and'' at the end,
                          (ii) in subparagraph (B)--
                                    (I) by striking ``the debtor 
                                shall'', and
                                    (II) by striking ``and'' at the end, 
                                and
                          (iii) in subparagraph (C) by striking ``(C)'' 
                      and inserting the following:
        ``except that'', and
                    (B) in paragraphs (3) and (4) by inserting ``is'' 
                after ``auditor'',
            (17) in section 522--
                    (A) in subsection (b)(3)(A)--
                          (i) by striking ``at'' the 1st place it 
                      appears and inserting ``to'', and
                          (ii) by striking ``at'' the 2d place it 
                      appears and inserting ``in'', and
                    (B) in subsection (c)(1) by striking ``section 
                523(a)(5)'' and inserting ``such paragraph'',
            (18) in section 523(a)--
                    (A) in paragraph (2)(C)(ii)(II) by striking the 
                period at the end and inserting a semicolon, and
                    (B) in paragraph (3) by striking ``521(1)'' and 
                inserting ``521(a)(1)'',
            (19) in section 524(k)--
                    (A) in the last undesignated paragraph of the quoted 
                matter in paragraph (3)(J)(i)--
                          (i) by striking ``security property'' the 1st 
                      place it appears and inserting ``property securing 
                      the lien'',
                          (ii) by striking ``current value of the 
                      security property'' and inserting ``amount of the 
                      allowed secured claim'', and

[[Page 124 STAT. 3560]]

                          (iii) in the last sentence by inserting 
                      ``must'' after ``you'', and
                    (B) in paragraph (5)(B) by striking ``that'' and 
                inserting ``that,'',
            (20) in section 526(a)--
                    (A) in paragraph (2) by striking ``untrue and'' and 
                inserting ``untrue or'', and
                    (B) in paragraph (4) by inserting ``a'' after 
                ``preparer'',
            (21) in the 3d sentence of the 4th undesignated paragraph of 
        the quoted matter in section 527(b), by striking ``Schedules and 
        Statement of Financial Affairs, as well as in some cases a 
        Statement of Intention'' and inserting ``Schedules, and 
        Statement of Financial Affairs, and in some cases a Statement of 
        Intention,'',
            (22) in section 541(b)(6)(B) by striking ``section 
        529(b)(7)'' and inserting ``section 529(b)(6)'',
            (23) in section 554(c) by striking ``521(1)'' and inserting 
        ``521(a)(1)'',
            (24) in section 704(a)(3) by striking ``521(2)(B)'' and 
        inserting ``521(a)(2)(B)'',
            (25) in section 707--
                    (A) in subsection (a)(3) by striking ``521'' and 
                inserting ``521(a)'', and
                    (B) in subsection (b)--
                          (i) in paragraph (2)(A)(iii)(I) by inserting 
                      ``of the filing'' after ``date'', and
                          (ii) in paragraph (3) by striking 
                      ``subparagraph (A)(i) of such paragraph'' and 
                      inserting ``paragraph (2)(A)(i)'',
            (26) in section 723(c) by striking ``Notwithstanding section 
        728(c) of this title, the'' and inserting ``The'',
            (27) in section 724(b)(2)--
                    (A) by striking ``507(a)(1)'' and inserting 
                ``507(a)(1)(C) or 507(a)(2)'',
                    (B) by inserting ``under each such section'' after 
                ``expenses'' the 1st place it appears,
                    (C) by striking ``chapter 7 of this title'' and 
                inserting ``this chapter'', and
                    (D) by striking ``507(a)(2),'' and inserting 
                ``507(a)(1)(A), 507(a)(1)(B),'',
            (28) in section 726(b) by striking ``or (8)'' and inserting 
        ``(8), (9), or (10)'',
            (29) in section 901(a)--
                    (A) by inserting ``333,'' after ``301,'', and
                    (B) by inserting ``351,'' after ``350(b)'',
            (30) in section 1104--
                    (A) in subsection (a)
                          (i) in paragraph (1) by inserting ``or'' at 
                      the end,
                          (ii) in paragraph (2) by striking ``; or'' and 
                      inserting a period, and
                          (iii) by striking paragraph (3), and
                    (B) in subsection (b)(2)(B)(ii) by striking 
                ``subsection (d)'' and inserting ``subsection (a)'',
            (31) in section 1106(a)--
                    (A) in paragraph (1) by striking ``704'' and 
                inserting ``704(a)'', and

[[Page 124 STAT. 3561]]

                    (B) in paragraph (2) by striking ``521(1)'' and 
                inserting ``521(a)(1)'',
            (32) in section 1111(a) by striking ``521(1)'' and inserting 
        ``521(a)(1)'',
            (33) amending section 1112--
                    (A) in subsection (b)--
                          (i) by amending paragraph (1) to read as 
                      follows:

    ``(1) <<NOTE: Notice.>>  Except as provided in paragraph (2) and 
subsection (c), on request of a party in interest, and after notice and 
a hearing, the court shall convert a case under this chapter to a case 
under chapter 7 or dismiss a case under this chapter, whichever is in 
the best interests of creditors and the estate, for cause unless the 
court determines that the appointment under section 1104(a) of a trustee 
or an examiner is in the best interests of creditors and the estate.'', 
and
                          (ii) in paragraph (2)--
                                    (I) by striking the matter preceding 
                                subparagraph (A) and inserting the 
                                following:

    ``(2) The court may not convert a case under this chapter to a case 
under chapter 7 or dismiss a case under this chapter if the court finds 
and specifically identifies unusual circumstances establishing that 
converting or dismissing the case is not in the best interests of 
creditors and the estate, and the debtor or any other party in interest 
establishes that--'', and
                                    (II) in subparagraph (B) by striking 
                                ``granting such relief'' and inserting 
                                ``converting or dismissing the case'', 
                                and
                          (B) in subsection (e) by striking ``521'' and 
                      inserting ``521(a)'',
            (34) in section 1127(f)(1) by striking ``subsection (a)'' 
        and inserting ``subsection (e)'',
            (35) in section 1129(a)(16) by striking ``of the plan'' and 
        inserting ``under the plan'',
            (36) in section 1141(d)(5)--
                    (A) in subparagraph (B)--
                          (i) in clause (i) by striking ``and'' at the 
                      end; and
                          (ii) by adding at the end the following:
                    ``(iii) subparagraph (C) permits the court to grant 
                a discharge; and'', and
                    (B) in subparagraph (C) --
                          (i) by striking ``unless'' and inserting ``the 
                      court may grant a discharge if,'',
                          (ii) in clause (ii) by striking the period at 
                      the end and inserting a semicolon, and
                          (iii) by adding at the end the following:
        ``and if the requirements of subparagraph (A) or (B) are met.'',
            (37) in section 1145(b) by striking ``2(11)'' each place it 
        appears and inserting ``2(a)(11)'',
            (38) in section 1202(b)--
                    (A) in paragraph (1) by striking ``704(2), 704(3), 
                704(5), 704(6), 704(7), and 704(9)'' and inserting 
                ``704(a)(2), 704(a)(3), 704(a)(5), 704(a)(6), 704(a)(7), 
                and 704(a)(9)'', and
                    (B) in paragraph (5) by striking ``704(8)'' and 
                inserting ``704(a)(8)'',
            (39) in section 1302(b)(1) by striking ``704(2), 704(3), 
        704(4), 704(5), 704(6), 704(7), and 704(9)'' and inserting 
        ``704(a)(2),

[[Page 124 STAT. 3562]]

        704(a)(3), 704(a)(4), 704(a)(5), 704(a)(6), 704(a)(7), and 
        704(a)(9)'',
            (40) in section 1304(c) by striking ``704(8)'' and inserting 
        ``704(a)(8)'',
            (41) in section 1307--
                    (A) in subsection (c)--
                          (i) by striking ``subsection (e)'' and 
                      inserting ``subsection (f)'',
                          (ii) in paragraph (9) by striking ``521'' and 
                      inserting ``521(a)'', and
                          (iii) in paragraph (10) by striking ``521'' 
                      and inserting ``521(a)', and
                    (B) in subsection (d) by striking ``subsection (e)'' 
                and inserting ``subsection (f)'',
            (42) in section 1308(b)(2)--
                    (A) in subparagraph (A) by striking ``paragraph 
                (1)'' and inserting ``paragraph (1)(A)'',
                    (B) in subparagraph (B) by striking ``paragraph 
                (2)'' and inserting ``paragraph (1)(B)'', and
                    (C) by striking ``this subsection'' each place it 
                appears and inserting ``paragraph (1)'',
            (43) in section 1322(a)--
                    (A) by striking ``shall'' the 1st place it appears,
                    (B) in paragraph (1) by inserting ``shall'' after 
                ``(1)'',
                    (C) in paragraph (2) by inserting ``shall'' after 
                ``(2)'',
                    (D) in paragraph (3) by inserting ``shall'' after 
                ``claims,'', and
                    (E) in paragraph (4) by striking ``a plan'',
            (44) in section 1325--
                    (A) in the last sentence of subsection (a) by 
                inserting ``period'' after ``910-day'', and
                    (B) in subsection (b)(2)(A)(ii) by striking 
                ``548(d)(3)'' and inserting ``548(d)(3))'',
            (45) in the heading of section 1511 by inserting ``, 302,'' 
        after ``301'',
            (46) in section 1519(f) by striking ``362(n)'' and inserting 
        ``362(o)'',
            (47) in section 1521(f) by striking ``362(n)'' and inserting 
        ``362(o)'',
            (48) in section 1529(1) by inserting ``is'' after 
        ``States'',
            (49) in the table of sections of chapter 3, by striking the 
        item relating to section 333 and inserting the following:

``333. Appointment of patient care ombudsman.'', and

            (50) in the table of sections of chapter 5, by striking the 
        item relating to section 562 and inserting the following:

``562. Timing of damage measure in connection with swap agreements, 
           securities contracts, forward contracts, commodity contracts, 
           repurchase agreements, and master netting agreements.''.

    (b) Title 18 of the United States Code.--Section 157 of title 18, 
United States Code is amended--
            (1) in paragraph (1) by striking ``bankruptcy'', and
            (2) in paragraphs (2) and (3) by striking ``, including a 
        fraudulent involuntary bankruptcy petition under section 303 of 
        such title''.

    (c) Title 28 of the United States Code.--

[[Page 124 STAT. 3563]]

            (1) Amendment relating to appeals.--Section 158(d)(2)(D) of 
        title 28 of the United States Code is amended by striking 
        ``appeal in'' and inserting ``appeal is''.
            (2) Amendment relating to bankruptcy statistics.--Section 
        159(c)(3)(H) of title 28 of the United States Code is amended by 
        inserting ``the'' after ``against''.
            (3) Technical amendments.--Section 586(a) of title 28 of the 
        United States Code is amended--
                    (A) in paragraph (3)(A)(ii) is amended by striking 
                the period at the end and inserting a semicolon,
                    (B) in paragraph (7)(C) by striking ``identify'' and 
                inserting ``determine'', and
                    (C) in paragraph (8) by striking ``the United States 
                trustee shall''.
SEC. 3. TECHNICAL CORRECTION TO PUBLIC LAW 109-8.

    Section 1406(b)(1) of Public Law 109-8 <<NOTE: 11 USC 507 note.>>  
is amended by striking ``cept'' and inserting ``Except''.

    Approved December 22, 2010.

LEGISLATIVE HISTORY--H.R. 6198:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 156 (2010):
            Sept. 28, considered and passed House.
            Nov. 19, considered and passed Senate, amended.
            Dec. 16, House concurred in Senate amendment.

                                  <all>