,,ii #aafth ,,congress #b;d ,session ,s4 #diia ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #i1 #bjbj,ms4 ,warren 7for herself1 ,mr4 ,durbin1 and ,mr4 ,whitehouse7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #aa1 ,united ,states ,code1 to add a bankruptcy chapter relating to the debt of individuals1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,consumer ,bankruptcy ,reform ,act of #bjbj4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4,sec4 #b4 ,table of contents4,,title ,i--,chapter #aj individual bankruptcy,sec4 #aja4 ,findings and purpose4,sec4 #ajb4 ,chapter #aj individual bankruptcy4,sec4 #ajc4 ,repeal of chapter #ac4,sec4 #ajd4 ,other amendments to the ,bankruptcy ,code4,sec4 #aje4 ,data collection4,sec4 #ajf4 ,electronic signatures4,sec4 #ajg4 ,judicial education4,sec4 #ajh4 ,conforming amendments to other laws4,,title ,,ii--,consumer financial protection amendments,sec4 #bja4 ,amendments to the ,consumer ,financial ,protection ,act of #bjaj4,sec4 #bjb4 ,amendments to the ,truth in ,lending ,act4,sec4 #bjc4 ,amendments to the ,fair ,credit ,reporting ,act4,sec4 #bjd4 ,amendments to the ,equal ,credit ,opportunity ,act4,sec4 #bje4 ,amendments to the ,fair ,debt ,collection ,practices ,act4,sec4 #bjf4 ,amendments to the ,electronic ,fund ,transfers ,act4,,title ,,iii--,bankruptcy rules,sec4 #cja4 ,rules ,enabling ,act amendments4,sec4 #cjb4 ,bankruptcy rules amendments4,sec4 #cjc4 ,sense of ,congress4,,title ,,iv--,funding the bankruptcy system,sec4 #dja4 ,bankruptcy fees4,sec4 #djb4 ,trustee compensation4,,title ,v--,bankruptcy lien filing system,sec4 #eja4 ,bankruptcy lien filing system4,,title ,,vi--,miscellaneous,sec4 #fja4 ,effective date4,sec4 #fjb4 ,transition4,sec4 #fjc4 ,severability4 ,i ,chapter #aj individual bankruptcy #aja4 ,findings and purpose 7a7 ,findings ,congress finds that-- 7#a7 individuals and families are often in financial distress for reasons outside of their control1 such as job loss1 medical bills1 or educational debt1 and an effective bankruptcy system not only provides those individuals and families with a fresh start but also ensures that they can participate fully in the ,united ,states economy2 7#b7 the ,bankruptcy ,code was adopted in #aigh1 and1 since then1 consumer lending has grown dramatically and been transformed by technology and the preemption of ,state usury and consumer protection laws for certain types of lenders2 7#c7 unnecessary paperwork and overly complex laws increase the cost of bankruptcy and prevent individuals and families in the ,united ,states who need help from accessing the bankruptcy system2 7#d7 many consumer debtors cannot afford bankruptcy counsel and must instead save up to pay an attorney to file their bankruptcy petitions2 7#e7 the dual-track bankruptcy system produces racially disparate outcomes that disadvantage people of color2 7#f7 student loan debt burdens are creating distortions in the labor and housing market2 7#g7 the nondischargeability of private student loan debt has not resulted in lower financing costs for student loan borrowers2 7#h7 the inability of debtors to restructure home mortgage loans has led to unnecessary foreclosures that have created hardships for individuals and families and their communities without reducing costs of mortgage financing2 7#i7 individuals and families often rely on their cars to get to work and to get dependents to school and medical appointments but often cannot retain their cars in bankruptcy without paying substantially more than the car is worth2 7#aj7 the difficulty of enforcing the discharge injunction has enabled illegal debt collection activity that undercuts the fresh start policy of bankruptcy2 7#aa7 existing law does not provide a sufficient deterrent to predatory creditors that harm individuals and families in bankruptcy by violating consumer financial laws or failing to comply with bankruptcy rules2 and 7#ab7 well-counseled1 affluent debtors can avoid repaying creditors through asset protection planning4 7b7 ,purpose ,the purpose of the ,act is to establish a bankruptcy system that helps individuals and families in the ,united ,states regain financial stability and protects against abusive and predatory behavior by-- 7#a7 streamlining the process of filing for bankruptcy1 simplifying court procedures in bankruptcy1 and lowering the cost of bankruptcy for both consumers and creditors2 7#b7 creating a single-chapter consumer bankruptcy system that allows consumers greater flexibility in addressing their debts and prevents disparate treatment of similarly situated consumers2 7#c7 offering consumers more and better options to deal with debts1 while ensuring the fair treatment of creditors2 7#d7 making it easier for consumers to pay an attorney for counsel or representation in a bankruptcy case2 7#e7 simplifying the identification and treatment of cases by expanding the number of routine cases that are handled by the court in which there is no chance of a reasonable payment to creditors and reducing paperwork requirements in those routine cases2 7#f7 allowing the modification of mortgages on all residences2 7#g7 allowing the modification of car loans based on the market value of a car2 7#h7 allowing the discharge of student loan debt on equal terms with most other types of debt2 7#i7 reducing racial1 gender1 and other harmful disparities in the availability1 accessibility1 costs1 and outcomes with respect to the bankruptcy process2 7#aj7 ensuring the fair treatment of claimants for domestic support obligations2 7#aa7 reducing abusive creditor behavior2 and 7#ab7 closing bankruptcy loopholes that allow the wealthy to exploit the bankruptcy process4 #ajb4 ,chapter #aj individual bankruptcy 7a7 ,in general ,title #aa1 ,united ,states ,code1 is amended by inserting after section #idf the following3 #aj ,individual bankruptcy ,,subchapter ,i--,general provisions,sec4 #ajja4 ,trustee4 #ajjb4 ,rights and powers of debtor4 #ajjc4 ,debtor engaged in business4 #ajjd4 ,possession of property of the estate4 #ajje4 ,conversion or dismissal4 #ajjf4 ,treatment of certain contracts and leases4 #ajjg4 ,treatment of rental-purchase agreements4 #ajjh4 ,obtaining credit4 #ajji4 ,stay of action against codebtor4 #ajaj4 ,interpretive principle4 ,,subchapter ,,ii--,plans #ajba4 ,filing of plans4 #ajbb4 ,contents of plans4 #ajbc4 ,plan confirmation hearing4 #ajbd4 ,confirmation of plans4 #ajbe4 ,payments under a repayment plan4 #ajbf4 ,payments under a residence plan or property plan4 #ajbg4 ,protection of lessors and purchase money lenders4 #ajbh4 ,effect of confirmation4 #ajbi4 ,modification of repayment plan4,,subchapter ,,iii--,discharge #ajca4 ,discharge2 scope and timing4 #ajcb4 ,revocation of discharge or order of confirmation4 ,,subchapter ,,iv--,avoidance actions #ajda4 ,treatment of certain liens4 #ajdb4 ,limitations on avoidance actions4 ,,subchapter ,v--,limited proceedings #ajea4 ,election of limited proceeding4 #ajeb4 ,effect of limited proceeding4 #ajec4 ,dismissal or conversion of limited proceedings4 ,i ,general provisions #ajja4 ,trustee 7a7 ,appointment ,except as provided by section #ajeb1 in a case under this chapter1 the ,united ,states trustee-- 7#a7 shall appoint #a disinterested individual to serve as trustee from the panel of private trustees under section #ehf7;a7 of title #bh or a standing trustee under subsection 7b7 of that section who meets the requirements of a trustee under section #ebb of this title2 or 7#b7 may serve as trustee4 7b7 ,duties ,the trustee shall-- 7#a7 perform the duties required under paragraphs 7#b7 through 7#e7 and 7#g7 of section #gjd2 7#b7 appear and be heard at any hearing that concerns-- 7,a7 the value of property subject to a lien2 or 7,b7 confirmation of a repayment plan1 a residence plan1 or a property plan2 7#c7 advise1 other than on legal matters1 and assist the debtor in the formulation of1 and performance under1 any plan2 7#d7 ensure that the debtor commences making timely payments under section #ajbe2 7#e7 in the case of a debtor against whom there is a claim for a domestic support obligation1 provide the notices required under subsection 7d72 and 7#f7 in the case of a debtor engaged in business as described in section #ajjc7;a71 perform the duties required under paragraphs 7#c7 and 7#d7 of section #aajf7;a74 7c7 ,prohibitions ,the trustee may not-- 7#a7 serve as an advocate for debtors or creditors2 7#b7 advise debtors or creditors on legal matters2 or 7#c7 raise an objection to a plan filed under section #ajba solely on the basis of the treatment of a secured claim under the plan4 7d7 ,domestic support claim notice 7#a7 ,definition of state or local child support enforcement agency ,in this subsection1 the term ,state or local child support enforcement agency means any agency of a ,state or political subdivision thereof operating pursuant to a plan described in section #ded of the ,social ,security ,act 7#db ,u4,s4,c4 #fed7 that has been approved by the ,secretary of ,health and ,human ,services under part ,d of title ,,iv of such ,act 7#db ,u4,s4,c4 #fea et seq474 7#b7 ,additional duties ,in the case of a debtor against whom there is a claim for a domestic support obligation1 the trustee shall-- 7,a7 provide written notice of the claim to the holder of the domestic support obligation that includes-- 7i7 a notice of the right of the holder to use the services of a ,state or local child support enforcement agency for assistance in collecting child support during and after the case2 and 7ii7 the address and telephone number of the ,state or local child support enforcement agency of the ,state or political subdivision thereof in which the holder resides2 7,b7 provide written notice of the claim to the ,state or local child support enforcement agency of the ,state or political subdivision thereof in which the holder resides that includes the name1 address1 and telephone number of the holder of the domestic support obligation2 and 7,c7 on the date on which the debtor is granted a discharge under section #ajca1 provide written notice to the holder of the domestic support obligation and the ,state or local child support enforcement agency of the ,state or political subdivision thereof in which the holder resides of-- 7i7 the granting of the discharge2 7ii7 the most recent known address of the debtor2 7iii7 the most recent known name and address of the most recent known employer of the debtor2 and 7iv7 the name of each creditor that holds a claim that is not discharged under paragraph 7#b7 or 7#d7 of section #ebc7;a74 7#c7 ,address request 7,a7 ,in general ,the holder of a claim for domestic support against the debtor or a ,state or local child support enforcement agency of the ,state or political subdivision thereof in which the holder resides may request from a creditor described in paragraph 7#b77;,c77iv7 the most recent known address of the debtor4 7,b7 ,no liability ,notwithstanding any other provision of law1 a creditor that makes a disclosure in connection with a request made under subparagraph 7,a7 shall not be liable for making the disclosure4 #ajjb4 ,rights and powers of debtor 7a7 ,in general ,subject to any limitations of a trustee under this chapter1 the debtor shall have1 exclusive of the trustee1 the rights and powers of a trustee under-- 7#a7 subsections 7b71 7c71 7d71 7f71 and 7l7 of section #cfc2 and 7#b7 section #cfd4 7b7 ,avoidance of transfers ,the debtor may avoid a transfer of property of the debtor or recover a setoff if-- 7#a7 7,a7 the transfer is avoidable by the trustee under section #edd1 #ede1 #edg1 #edh1 #edi1 or #ajda or recoverable by the trustee under section #eec2 and 7,b7 the trustee does not attempt to avoid the transfer2 or 7#b7 section #ajdb prohibits the trustee from avoiding the transfer4 #ajjc4 ,debtor engaged in business 7a7 ,in general ,for the purposes of this chapter1 a debtor is engaged in business if the debtor is-- 7#a7 self-employed2 and 7#b7 required to withhold taxes under section #cdjb of the ,internal ,revenue ,code of #aihf4 7b7 ,rights ,unless the court orders otherwise1 a debtor engaged in business may operate the business of the debtor and1 subject to any limitations on a trustee under sections #cfc7;c7 and #cfd and to such limitations or conditions as the court prescribes1 shall have1 exclusive of the trustee1 the rights and powers of the trustee under such sections4 7c7 ,duties ,a debtor engaged in business-- 7#a7 shall perform the duties of the trustee required under section #gjd7g72 and 7#b7 is not subject to the provisions of section #cjh4 #ajjd4 ,possession of property of the estate ,the debtor shall remain in possession of all property of the estate1 unless-- 7#a7 a confirmed plan or an order confirming a plan provides otherwise2 or 7#b7 the court1 for cause1 orders otherwise4 #ajje4 ,conversion or dismissal 7a7 ,conversion on request of debtor ,at any time1 the debtor may convert a case under this chapter to a case under-- 7#a7 chapter #aa1 if the debtor is eligible under section #aji7;e72 or 7#b7 chapter #ab1 if the debtor is eligible under section #aji7;f74 7b7 ,conversion or dismissal on request of other parties ,after notice and a hearing1 the court1 on its own motion1 or on a motion by a creditor1 the ,united ,states trustee1 the trustee1 or any other party in interest1 may1 for cause1 dismiss a case under this chapter or1 with the consent of the debtor1 convert a case under this chapter to a case under chapter #aa or #ab1 including-- 7#a7 unreasonable delay by the debtor that is prejudicial to creditors2 7#b7 nonpayment of any fees or costs required under section #aicj of title #bh2 7#c7 failure to timely file a plan under section #ajba1 unless the debtor is eligible for a discharge without a plan under section #ajca2 7#d7 failure to commence making timely payments required under section #ajbe if the debtor files a repayment plan2 7#e7 denial of confirmation of a plan under section #ajbd and denial of a request for additional time for filing another plan2 7#f7 except as provided by section #ajeb7h71 and only on request of the ,united ,states trustee1 failure of the debtor in a voluntary case to file1 not later than #ad days after the date of the commencement of the case1 or additional time as the court may allow1 the information required under section #eba7;a77#a72 and 7#g7 failure to file a repayment plan1 if required1 by the deadline prescribed under section #ajba7;e74 7c7 ,dismissal 7#a7 ,dismissal for manifestly improper use of the bankruptcy system 7,a7 ,in general ,notwithstanding subsection 7b71 after notice and a hearing1 the court1 on its own motion or on a motion by the ,united ,states trustee or the trustee1 may dismiss a case on grounds that the granting of relief would be a manifestly improper use of the bankruptcy system4 7,b7 ,manifestly improper use of the bankruptcy system ,for the purpose of subparagraph 7,a71 the failure of a debtor to pay an amount that is greater than the minimum payment obligation under a repayment plan alone does not constitute a manifestly improper use of the bankruptcy system4 7#b7 ,dismissal at request of debtor 7,a7 ,in general ,at the request of the debtor1 at any time1 the court shall dismiss a case under this chapter if the case has not been converted under subsection 7a74 7,b7 ,waiver unenforceable ,a waiver of the right to dismiss a case under this section is unenforceable4 #ajjf4 ,treatment of certain contracts and leases ,notwithstanding a provision in any contract or unexpired lease1 or in applicable law1 with respect to any contract or unexpired lease of the debtor1 the contract or lease and any right or obligation under the contract or lease may not be terminated or modified1 and neither the debtor nor any individual liable on such contract or unexpired lease with the debtor may be declared in default under the contract or lease at any time during or after the case1 solely because of a provision in the contract or lease that is conditioned on-- 7#a7 the insolvency or financial condition of the debtor at any time before the closing of the case2 7#b7 the commencement of a case under this title2 7#c7 the appointment of1 or taking possession by-- 7,a7 a trustee in a case under this title2 or 7,b7 a custodian before the commencement of a case under this title2 or 7#d7 the filing of a plan or the exercise of any other right under this title4 #ajjg4 ,treatment of rental-purchase agreements 7a7 ,definition of rental-,purchase agreement ,in this section1 the term rental-purchase agreement means an agreement1 irrespective of form-- 7#a7 for the use of personal property1 other than a vehicle1 by the debtor for personal1 family1 or household purposes2 7#b7 that is renewable with each payment2 and 7#c7 that permits1 but does not obligate1 the debtor to become the owner of the property that is the subject of the agreement4 7b7 ,no interest in property ,for the purpose of this chapter and notwithstanding applicable nonbankruptcy law1 the lessor on a rental-purchase agreement does not have an interest in the property covered by the rental-purchase agreement4 7c7 ,election ,to retain property ,notwithstanding section #cfe and subject to subsection 7d71 in a case under this chapter1 the debtor may elect to retain the property covered by a rental-purchase agreement4 7d7 ,claims of lessor-,seller ,notwithstanding section #cfe and subject to section #ejb1 if the debtor elects to retain the property covered by a rental-purchase agreement1 the lessor-seller shall have a claim for the sum of-- 7#a7 accrued and unpaid rent under the rental-purchase agreement2 and 7#b7 if the debtor has elected to become owner of the property under the rental-purchase agreement1 future rent and other payments due under the rental-purchase agreement4 7e7 ,termination ,nothing in this section shall be construed to prohibit the debtor from terminating a rental-purchase agreement4 7f7 ,post-,discharge exercise of lessor-,seller's rights prohibited ,any attempt to exercise the rights of a lessor-seller under a rental-purchase agreement or applicable nonbankruptcy law after the issuance of a discharge under section #ajbh shall be deemed to be a violation of section #ebd7;a74 #ajjh4 ,obtaining credit 7a7 ,definition of credit ,in this section1 the term credit has the meaning given the term in section #ajc of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afjb74 7b7 ,obtaining credit 7#a7 ,in general ,the debtor in a case under this chapter may not obtain credit outside the ordinary course of the affairs of the debtor without prior authorization by the court4 7#b7 ,court approval ,after notice and a hearing1 the court may authorize the debtor to obtain credit under paragraph 7#a7 or incur debt only if it is in the best interests of the debtor4 7#c7 ,voiding of other post-petition credit incurred ,any credit obtained or debt incurred by a debtor not in accordance with this subsection is void4 7#d7 ,credit rate limit ,in no event may the court authorize the debtor to obtain credit with an annual percentage rate that exceeds the annual percentage rate described in section #ihg7;b7 of title #aj4 7#e7 ,compliance with nonbankruptcy law ,credit obtained by a debtor pursuant to this section shall comply with applicable nonbankruptcy law4 7c7 ,application of section ,this section shall apply to credit obtained by a debtor until the date on which the case is closed under section #cej4 #ajji4 ,stay of action against codebtor 7a7 ,collection of debt ,except as provided in subsections 7b7 and 7c7 of this section1 after the entry of the order for relief under this chapter1 a creditor may not act or commence or continue any civil action to collect all or any part of a consumer debt of the debtor from any individual that is liable on the consumer debt with the debtor or that secured the consumer debt1 unless-- 7#a7 the individual became liable on1 or secured1 the consumer debt in the ordinary course of business of the individual2 or 7#b7 the case is closed1 dismissed1 or converted to a case under chapter #aa or #ab of this title4 7b7 ,negotiable instruments ,a creditor may present a negotiable instrument1 and may give notice of dishonor of such an instrument4 7c7 ,relief from stay ,on request of a party in interest and after notice and a hearing1 the court shall grant relief from the stay provided under subsection 7a7 with respect to a creditor1 to the extent that-- 7#a7 as between the debtor and the individual protected under subsection 7a71 the individual received consideration for the claim held by the creditor2 7#b7 the plan filed by the debtor does not propose to pay the claim2 or 7#c7 the interest of the creditor would be irreparably harmed by a continuation of the stay4 7d7 ,termination of stay ,on the date that is #bj days after the date on which a party in interest files a request under subsection 7c7 for relief from the stay provided under subsection 7a71 the stay shall be terminated with respect to the party in interest1 unless the debtor or any individual that is liable on the consumer debt with the debtor files and serves upon the party in interest a written objection to the proposed relief from the stay4 #ajaj4 ,interpretive principle ,in cases under this chapter1 the provisions of this title shall be interpreted liberally in favor of relief for consumer debtors4 ,,ii ,plans #ajba4 ,filing of plans 7a7 ,in general ,except as provided in subsection 7c71 the debtor may file-- 7#a7 a repayment plan that solely provides for the treatment of unsecured claims2 7#b7 a residence plan that solely provides for the treatment of claims secured by the debtor's principal residence2 or 7#c7 a property plan that solely provides for the treatment of claims secured by property that is not the debtor's principal residence4 7b7 ,multiple plans 7#a7 ,in general 7,a7 ,more than #a plan ,subject to subparagraph 7,b71 the debtor may file #a or more plans4 7,b7 ,prohibition ,if the court confirms a repayment plan of a debtor1 the debtor may not file an additional repayment plan in a case under this chapter4 7#b7 ,separate treatment ,except as provided in section #ajbc7;a71 each plan shall be treated separately for purposes of confirmation1 discharge1 and revocation of an order of confirmation or discharge4 7c7 ,involuntary cases ,in a case commenced under section #cjc-- 7#a7 a petitioning creditor may file only a repayment plan under which the minimum payment obligation of the debtor shall be calculated to exclude any amounts required by clause 7ii7 or 7iii7 of section #aja7ed77;,b72 7#b7 the debtor may file a repayment plan1 which shall supersede any repayment plan filed under paragraph 7#a72 and 7#c7 if more than #a petitioning creditor files a repayment plan under paragraph 7#a7 and the debtor does not file a repayment plan under paragraph 7#b71 the court shall confirm the repayment plan that is in the best interest of creditors4 7d7 ,discharge without a plan ,a debtor with a minimum payment obligation of #j shall receive a discharge under section #ajca without filing a plan if the debtor is otherwise eligible to receive a discharge under this chapter4 7e7 ,filing deadline ,the debtor shall promptly file a plan within such period of time as permitted in a rule prescribed by the ,judicial ,conference of the ,united ,states1 except that the court may extend such time period for cause4 #ajbb4 ,contents of plans 7a7 ,repayment plans 7#a7 ,in general ,a repayment plan-- 7,a7 shall provide that-- 7i7 the debtor shall satisfy the minimum payment obligation by-- 7,i7 making deferred cash payments2 or 7,,ii7 upon request of the trustee1 and subject to paragraph 7#b71 tendering to the trustee all property of the estate that is not exempt under section #ebb not later than #cj days after the date on which the court confirms the plan1 unless the court orders a later date2 7ii7 any payments under the repayment plan occur during a period not to exceed #cf months from the date on which the first payment is due under a repayment plan under section #ajbe7;b77#a72 and 7iii7 any payment under a repayment plan1 other than the final payment1 shall be in an amount that is not less than the payments required for #cf equal monthly installments1 unless the court orders otherwise for cause1 which may include the irregular or seasonal nature of the debtor's income2 and 7,b7 may-- 7i7 pursuant to section #cfe1 provide for the assumption1 rejection1 or assignment of any executory contract or unexpired lease of the debtor that has not previously been assumed or rejected under that section2 7ii7 provide for the payment in full1 in deferred cash payments1 over the duration of the repayment plan1 of any claim based on a debt of a kind described in section #ebc if the plan also provides for the payment in full1 in deferred cash payments1 of all claims entitled to priority under section #ejg1 other than the claim of a holder that is based on a debt described in section #ejg that agrees to a different treatment of that claim2 7iii7 provide for the exercise of any other power of the debtor or the trustee under this title2 7iv7 provide for an order garnishing the earnings of the debtor or ordering the authorization of electronic fund transfers from a deposit account of the debtor during the duration of the repayment plan2 and 7v7 include any other appropriate provision not inconsistent with this title4 7#b7 ,request for tender by trustee 7,a7 ,in general ,the trustee shall request the tender of property of the estate that is not exempt under section #ebb only if the liquidation of such property would be reasonably likely to produce a meaningful distribution to creditors4 7,b7 ,installment redemption as an alternative to tender ,in lieu of tendering nonexempt property of the estate under paragraph 7#a77;,a77i77,,ii71 the debtor may elect to pay to the trustee under the repayment plan an amount equal to the value of the interest of the debtor in such property that is in excess of the sum of-- 7i7 any allowed secured claims that are secured by that property2 and 7ii7 any exemption applicable under section #ebb7;b74 7b7 ,residence plans ,a residence plan may-- 7#a7 modify or leave unaffected the rights of a holder of a claim secured by the debtor's principal residence2 7#b7 provide for the waiving or curing within a reasonable time of any default on any claim secured by the debtor's principal residence in accordance with subsection 7d72 7#c7 provide for payment of any allowed secured claim secured by the debtor's principal residence2 7#d7 authorize the debtor to sell any property that is the debtor's principal residence free and clear of any liens not earlier than #fj days and not later than #ahj days after the date of confirmation if the plan provides that-- 7,a7 the debtor shall tender the property that is the debtor's principal residence to the holder of the first-priority lien1 subject to a lien secured by any allowed secured claim of a junior lienholder2 7,b7 upon acceptance of the tender described in subparagraph 7,a71 the debtor shall transfer the debtor's principal residence to the holder of the first-priority lien not later than #ad days after acceptance of the tender2 and 7,c7 if there is not a timely acceptance of the tender of the principal residence-- 7i7 a sale free and clear of liens of the debtor's principal residence shall be conducted in a commercially reasonable manner2 and 7ii7 after deducting the costs of the sale1 any liens against the debtor's principal residence shall attach to the proceeds of the sale2 7#e7 provide for an order garnishing the earnings of the debtor or authorizing electronic fund transfers from a deposit account of the debtor during the duration of the residence plan1 but only to the extent necessary to cure any default on a claim secured by the debtor's principal residence in accordance with subsection 7d72 and 7#f7 include any other appropriate provision not inconsistent with this title4 7c7 ,property plans ,a property plan may-- 7#a7 modify or leave unaffected the rights of holders of claims secured by the property1 other than property that is the debtor's principal residence2 7#b7 provide for the curing or waiving within a reasonable time of any default on any claim secured by the property of the debtor that is not the debtor's principal residence in accordance with subsection 7d77#b72 7#c7 provide for payment of any allowed secured claim secured by the property of the debtor that is not the debtor's principal residence2 7#d7 subject to section #ebb7;e71 treat as the holder of a secured claim-- 7,a7 the seller or assignee of an installment sales contract for personal property or the equivalent of such a contract2 7,b7 the lessor of a lease of personal property1 the term of which extends beyond the remaining economic life of the property2 or 7,c7 a party to an agreement1 irrespective of form1 that is a security interest in personal property under applicable nonbankruptcy law2 7#e7 provide for an order garnishing the earnings of the debtor or ordering the authorization of electronic fund transfers from a deposit account of the debtor during the duration of the property plan2 and 7#f7 include any other appropriate provision not inconsistent with this title4 7d7 ,cure of default 7#a7 ,principal residence ,notwithstanding any applicable nonbankruptcy law1 a default with respect to1 or that gives rise to1 a lien on the property that is the debtor's principal residence may be cured by a residence plan under subsection 7a77#b77;,b7 until the debtor ceases to have rights1 including a right of redemption1 in the property4 7#b7 ,amount to cure 7,a7 ,in general ,notwithstanding section #ejf7;b71 if a repayment plan1 a residence plan1 or a property plan provides for the curing of a default1 the amount necessary to cure the default shall be determined in accordance with the underlying agreement and applicable nonbankruptcy law4 7,b7 ,prohibition ,the cure of a default under subparagraph 7,a7 may not require-- 7i7 interest on arrearages2 or 7ii7 the payment of any penalty rate1 late fee1 or payment required under a penalty provision or a similar provision4 #ajbc4 ,plan confirmation hearing 7a7 ,in general ,if the trustee1 the ,united ,states trustee1 or a creditor objects to confirmation of a plan filed under section #ajba1 the court shall hold a hearing on confirmation of the plan within such period of time as permitted in a rule prescribed by the ,judicial ,conference of the ,united ,states1 except that the court may extend such time period for cause4 7b7 ,confirmation without hearing ,if no objection is raised1 the court shall1 upon notice1 promptly confirm a plan that complies with section #ajbd7;a7 without a hearing4 7c7 ,multiple plans ,if the debtor files more than #a plan under section #ajba1 the court shall hold a single hearing on confirmation on all of the plans1 unless-- 7#a7 the court orders otherwise for cause2 or 7#b7 no hearing is required under subsection 7b74 #ajbd4 ,confirmation of plans 7a7 ,plan requirements ,subject to subsections 7b7 through 7d71 the court shall confirm a plan under this section if all of the following requirements are met3 7#a7 ,the plan complies with the applicable provisions of this title1 other than section #ajbb7;a77#a74 7#b7 ,any fee1 charge1 or amount that is required to be paid before confirmation under chapter #abc of title #bh or the plan has been paid4 7#c7 ,the plan has not been proposed-- 7,a7 in bad faith1 which may not be demonstrated solely by the amount of payments proposed by the debtor under a repayment plan2 or 7,b7 by any means forbidden by law4 7#d7 ,the debtor is likely to be able to make all payments under the plan and to comply with the plan4 7#e7 ,in the case of a debtor that is required by a judicial or administrative order or by a statute to pay a domestic support obligation1 the debtor has paid all amounts required by such domestic support obligation that first became payable after the date of the filing of the petition4 7#f7 ,any compensation paid under the plan to the attorney of the debtor is reasonable and satisfies the requirements of section #cbi7;c74 7b7 ,objection to repayment plan ,if the trustee or the holder of an allowed unsecured claim objects to a repayment plan that complies with subsection 7a71 the court shall confirm the repayment plan only if-- 7#a7 the plan satisfies the requirements of section #ajbb7;a77#a72 or 7#b7 the court finds that1 because of circumstances that the debtor cannot reasonably avoid1 the debtor is justly excused from satisfying all or part of the requirements of section #ajbb7;a77#a74 7c7 ,objection to residence plan ,if the holder of an allowed secured claim secured by the debtor's principal residence objects to the confirmation of a residence plan1 the court shall confirm the residence plan only if1 for any such allowed secured claim of which the holder has objected to the confirmation1 the residence plan provides that-- 7#a7 the holder retains the lien securing the claim2 7#b7 the value1 as of the effective date of the residence plan1 of the payments to be distributed under the residence plan on account of the claim is not less than the allowed amount of the secured claim2 7#c7 payments on all claims under the residence plan are in equal monthly amounts1 other than payments to cure a default under section #ajbb7;a77#b77;,b72 7#d7 except as provided in paragraph 7#e71 default under the residence plan constitutes default under any security agreement that creates a security interest in the debtor's principal residence2 7#e7 the debtor will be in default for a late payment under the plan and any security agreement that creates a security interest in the debtor's principal residence only if the debtor is more than #abj-;days delinquent on any payment under the residence plan2 7#f7 the holders of any judicial lien or statutory lien created before the order for relief cannot exercise any remedies under applicable nonbankruptcy law1 unless the debtor is #abj-;days delinquent on any payment under the residence plan2 7#g7 the last payment on account of the secured claim is due on a date that is not later than the later of-- 7,a7 #ae years after the date of confirmation of the residence plan2 or 7,b7 #e years after the original maturity date of the loan relating to the claim2 and 7#h7 the debt secured by the debtor's principal residence that is dealt with by the residence plan has not been previously provided for by a residence plan that was-- 7,a7 confirmed on a date that is not more than #f years before the date of the filing of the petition2 and 7,b7 completed4 7d7 ,objection to property plan ,if the holder of an allowed secured claim that is secured by property that is not the debtor's principal residence objects to the confirmation of a property plan1 the court shall confirm the property plan only if-- 7#a7 the property plan provides that-- 7,a7 the holder of the claim retains the lien securing the allowed secured claim2 7,b7 the value1 as of the effective date of the property plan1 of the property to be distributed under the property plan on account of the claim is not less than the amount of the allowed secured claim1 unless-- 7i7 the property securing the claim is a motor vehicle that was acquired by the debtor within the #ij-;day period immediately preceding the date of the filing of the petition2 and 7ii7 the lien securing the claim is a purchase-money security interest2 7,c7 the value1 as of the effective date of the property plan1 of property to be distributed on account of a claim described in clauses 7i7 through 7iii7 of subparagraph 7,b7 is not less than the allowed amount of the claim1 as calculated under section #ejb2 7,d7 payments on all claims under the property plan are in equal monthly amounts2 7,e7 except as provided in subparagraph 7,f71 default under the property plan constitutes default under any security agreement that creates a security interest in the property subject to the property plan2 7,f7 the debtor is in default for a late payment under the plan and any security agreement that creates a security interest in the property subject to the property plan only if the debtor is not less than #ij days delinquent on payment to the holder of the security interest under the property plan2 7,g7 the property plan provides that the holder of a judicial lien or statutory lien created before the date of the order for relief cannot exercise any remedies relating to the judicial lien or statutory lien under applicable nonbankruptcy law1 unless the debtor is not less than #ij days delinquent on any payment to the lienholder under the property plan2 7,h7 the last payment due under the property plan is due on a date that is not later than the later of-- 7i7 #e years after the date of confirmation of the property plan2 or 7ii7 the original maturity date of loan2 and 7,i7 the debt secured by the property that is dealt with by the property plan has not been previously provided for by a property plan that was-- 7i7 confirmed on a date that is not more than #f years before the date of the filing of the petition2 and 7ii7 completed2 7#b7 if the property securing the claim of the objecting holder is a motor vehicle-- 7,a7 the debtor has provided the holder of any security interest in the motor vehicle with reasonable evidence of the maintenance of any required insurance coverage on the motor vehicle securing the claim sufficient to protect the interest of the holder in the motor vehicle2 and 7,b7 the motor vehicle is-- 7i7 used regularly as a means of transportation for the debtor or a dependent of the debtor2 or 7ii7 used by the debtor or a dependent of the debtor in business2 and 7#c7 if the property securing the claim of the objecting holder is not a motor vehicle-- 7,a7 the property is reasonably necessary for the support or maintenance of the debtor or a dependent of the debtor2 or 7,b7 the property is reasonably necessary for the continuation1 preservation1 and operation of a business owned or operated by the debtor or a dependent of the debtor4 7e7 ,impairment 7#a7 ,in general ,the holder of an allowed secured claim that is not impaired under a plan may not object to a residence plan under subsection 7c7 or a property plan under subsection 7d74 7#b7 ,determination ,for the purpose of this subsection1 impairment shall be determined under section #aabd4 7f7 ,denial of motion 7#a7 ,in general ,a denial of a motion to confirm a plan shall constitute a final1 appealable order4 7#b7 ,plan modification ,nothing in this section shall be construed to prevent a debtor from proposing to modify a plan that has been denied confirmation4 7g7 ,multiple plans ,if the debtor has filed multiple plans1 any party in interest may request that the confirmation of any plan be stayed until the date on which the court confirms or denies any other plan4 7h7 ,interest rate ,the rate of interest that shall be used to calculate the value of property distributed under a plan1 as of the effective date of the plan1 shall be-- 7#a7 for the purpose of subsection 7c77#b7-- 7,a7 in the case of a first priority lien1 the current average prime offer rate 7as defined in section #ajbf4ce7;a77#b7 of title #ab1 ,code of ,federal ,regulations7 for a loan of the most similar duration and rate type2 and 7,b7 in the case of any other lien1 a rate that is #cjj basis points greater than the current average prime offer rate 7as defined in section #ajbf4ce7;a77#b7 of title #ab1 ,code of ,federal ,regulations7 for a loan of the most similar duration and rate type2 and 7#b7 for the purpose of subsection 7d77#b71 the current average prime offer rate for motor vehicle financing of the most similar duration and rate type1 as determined by the ,bureau of ,consumer ,financial ,protection under section #bja7;e7 of the ,consumer ,bankruptcy ,reform ,act of #bjbj4 #ajbe4 ,payments under a repayment plan 7a7 ,duties of trustee ,the trustee shall-- 7#a7 collect and be accountable for any future income of the debtor that is designated for a payment to a creditor under a repayment plan2 7#b7 accept and be accountable for any property of the estate tendered by the debtor pursuant to a repayment plan under section #ajbb7;a77#a77;,a77i77,,ii72 and 7#c7 reduce to money and be accountable for any property of the estate tendered by the debtor under the repayment plan as expeditiously as is compatible with the best interests of the parties in interest4 7b7 ,payments 7#a7 ,in general ,except as provided by section #ajbg and unless the court orders otherwise1 not later than #cj days after the date of the order for relief under this chapter1 the debtor shall-- 7,a7 commence making payments in the amount proposed to be made under a repayment plan2 and 7,b7 tender to the trustee any relevant property of the estate requested by the trustee under section #ajbb7;a77#a77;,a77i77,,ii71 unless the debtor has elected under section #ajbb7;a77#b77;,b7 to pay the trustee for the value of such property under a repayment plan4 7#b7 ,action by trustee 7,a7 ,retention of payments pending plan confirmation ,the trustee shall retain a payment made under paragraph 7#a7 until the date on which the repayment plan is confirmed or denied under section #ajbd4 7,b7 ,distribution of payments ,if a repayment plan is confirmed under section #ajbd1 the trustee shall distribute any payments retained under subparagraph 7,a7 in accordance with the repayment plan as soon as is practicable4 7,c7 ,return of payments ,the trustee1 after deducting the sum of each allowed administrative expense under section #ejc7;b71 shall return to the debtor any payments retained under paragraph 7#a7 if the case is dismissed or converted4 7#c7 ,modification ,subject to section #cfc1 pending confirmation of a repayment plan1 the court1 after notice and a hearing1 may for cause modify1 increase1 or reduce the payments required under this subsection4 7c7 ,payments to creditors 7#a7 ,in general ,except as otherwise provided in the repayment plan or in the order confirming the repayment plan1 after confirmation of the plan1 the trustee shall make payments to creditors under the repayment plan4 7#b7 ,prohibition ,except as provided in subsection 7d71 the trustee may not make a payment described in section #ajbb7;a77#a77;,b77ii7 under a repayment plan until the date on which the trustee makes every payment in accordance with any entitlement of a creditor1 including a creditor provided for under section #ajbb7;a77#a77;,b77ii71 to payment under the minimum payment obligation4 7d7 ,priority of payments 7#a7 ,in general ,subject to paragraphs 7#b7 and 7#c71 all payments made by the trustee under this section shall be disbursed according to the order of priority in section #gbf4 7#b7 ,administrative expenses and fees ,before or at the time of each payment to a creditor under a repayment plan1 the trustee shall pay any unpaid claim of a kind specified in section #ejg7;a77#b74 7#c7 ,exceptions ,in disbursing payments under this section1 the trustee shall1 at the time of each disbursement1 pay-- 7,a7 any unpaid claim of the kind described in section #ejg7;a77#b72 and 7,b7 if a standing trustee appointed under section #ehf7;b7 of title #bh is serving in the case1 the percentage fee fixed for the standing trustee under section #ehf7;e7 of title #bh4 7#d7 ,property recovered in avoidance actions ,subject to any exemption allowed under section #ebb1 the trustee shall disburse any property the trustee recovers under section #eej in accordance with this subsection4 7e7 ,enforcement of obligations of debtor 7#a7 ,in general ,subject to paragraph 7#b71 the obligations of a debtor under a repayment plan may be enforced solely by the trustee4 7#b7 ,exception ,the holder of a claim provided for under section #ajbb7;a77#a77;,b77ii7 may enforce the debt that is the basis for the claim in accordance with section #ajbh7;b74 7#c7 #ij-;day delinquency requirement ,the trustee may not commence any action to enforce an obligation of the debtor under a repayment plan based on a delinquent payment until after the date on which the debtor has been delinquent on the payment for an #ij-;day period4 7#d7 ,plan enforceable by trustee as a simple contract ,subject to sections #cfb and #ajbi and paragraph 7#g71 the trustee may enforce an obligation of the debtor under a repayment plan only as a simple contract under applicable nonbankruptcy law4 7#e7 ,application of nonbankruptcy law ,except as provided in section #ajbi1 enforcement of the obligations of a debtor under a repayment plan shall be subject to applicable nonbankruptcy law1 including laws relating to the garnishment of the wages of the debtor4 7#f7 ,inefficient enforcement prohibited ,the trustee may not enforce an obligation of the debtor under a repayment plan if the reasonably anticipated costs of the enforcement would exceed the reasonably anticipated recovery to creditors after deducting the fee and expenses of the trustee4 7#g7 ,statute of limitations for trustee enforcement ,an action by the trustee to enforce an obligation of the debtor under a repayment plan may not be commended on a date that is more than #b years after the earliest date on which the trustee may bring an action under paragraph 7#c74 7#h7 ,trustee's rights nonassignable ,any assignment1 factoring1 or transferring of rights or amounts a debtor owes to a trustee under a repayment plan1 or of rights or authority to collect any such amounts1 is void4 #ajbf4 ,payments under a residence plan or property plan 7a7 ,in general ,payments under a residence plan or a property plan shall be made by the debtor in accordance with the plan4 7b7 ,cure of default 7#a7 ,in general ,if a residence plan or property plan proposes to cure a default on a claim secured by property of the debtor1 the debtor may1 upon completion of the cure payments due under the plan1 certify to the holder of such claim using a form prescribed by the ,judicial ,conference of the ,united ,states1 with notice given to the court1 that the default has been cured4 7#b7 ,presumptive evidence ,a certification of a debtor of cure of a default by the debtor under paragraph 7#a7 shall constitute presumptive evidence that the default has in fact been cured4 #ajbg4 ,protection of lessors and purchase money lenders 7a7 ,lease payments ,the debtor shall timely make any payments scheduled in a lease of personal property directly to the lessor for the portion of the obligation that becomes due after the date of the order for relief under this chapter1 unless-- 7#a7 the court orders otherwise2 7#b7 the debtor rejects a lease of personal property under section #cfe7;a72 or 7#c7 the debtor assumes a lease of personal property under section #cfe7p77#a77;,b74 7b7 ,insurance coverage ,not later than #fj days after the date of the order for relief under this chapter1 a debtor who has proposed a plan that retains possession of personal property subject to a lease a purchase money security interest shall-- 7#a7 provide the lessor or holder of the claim reasonable evidence of the maintenance of any insurance coverage required under the lease or purchase money security agreement with respect to the use or ownership of the property2 and 7#b7 continue to provide the reasonable evidence required under paragraph 7#a7 for as long as the debtor retains possession of the property before the date of confirmation of a plan addressing the property4 #ajbh4 ,effect of confirmation 7a7 ,binding effect ,the provisions of a confirmed plan bind the debtor and each creditor of a claim for which the plan provides1 regardless of whether the creditor has objected to the plan4 7b7 ,repayment plan injunction ,confirmation of a repayment plan shall operate as an injunction against the commencement or continuation of an action1 the employment of process1 or an act to collect1 recover1 or offset any debt excepted from discharge under section #ebc7;a7 and treated under section #ajbb7;a77#a77;,b77ii7 until-- 7#a7 the date on which the debtor completes all payments due under the plan2 or 7#b7 the debtor is not less than #ij days delinquent on a payment required under a repayment plan4 7c7 ,residence plan injunction ,except as provided in subsection 7e71 confirmation of a residence plan shall operate as an injunction against the commencement or continuation of an action1 the employment of process1 or an act1 to collect1 recover1 or offset any debt treated under section #ajbb7;b77#b7 or property securing such debt as long as the debtor is not more than #abj days delinquent on a payment required under a residence plan4 7d7 ,property plan injunction ,except as provided in subsection 7e71 confirmation of a property plan shall operate as an injunction against the commencement or continuation of an action1 the employment of process1 or an act1 to collect1 recover1 or offset any debt treated under section #ajbb7;c77#b7 or property securing such debt as long as the debtor is not more than #ij days delinquent on a payment required under a property plan4 7e7 ,request for relief from injunction ,a party in interest may request from the court relief from the operation of an injunction under subsection 7c7 or 7d74 7f7 ,vesting of property ,except as otherwise provided in a plan or the order confirming the plan1 the confirmation of a plan vests all of the property of the estate in the debtor4 7g7 ,free and clear ,except as otherwise provided in a plan or in the order confirming the plan1 the property vesting in the debtor under subsection 7f7 is free and clear of any claim or interest of any creditor holding a claim provided for by the plan4 7h7 ,secured claims ,except as provided by section #ajca1 the confirmation of a repayment plan leaves unaltered the rights of the holder of a secured claim that has not been avoided under this title4 7i7 ,lien created ,to secure repayment plan obligation 7#a7 ,in general ,the confirmation of a repayment plan creates a lien in favor of the trustee in the amount of the minimum payment obligation on any non-exempt property of the estate retained by the debtor pursuant to section #ajbb7;a77#a77;,a77i77,,ii7 to secure the minimum payment obligation4 7#b7 ,priority of lien ,without regard to the knowledge of the trustee or any creditor1 a lien created under paragraph 7#a7 shall have the same status1 priority1 rights1 and powers1 with respect to the property retained by the debtor to secure the obligation1 as-- 7,a7 a creditor1 regardless of whether such a creditor exists1 that extends credit to the debtor at the time of the commencement of the case and obtains1 at such time1 and with respect to such credit1 a judicial lien on any such non-exempt property that is personal property2 7,b7 a bona fide purchaser of any such real property1 other than fixtures1 from the debtor against whom applicable law permits such transfer to be perfected and that obtains the status of a bona fide purchaser2 and has perfected such transfer at the time of the commencement of the case1 whether or not any such purchaser exists2 7,c7 the holder of a perfected security interest in any such personal property of the debtor against which applicable law permits such security interest to be perfected as of the date of the confirmation of the repayment plan1 whether or not such a holder exists2 or 7,d7 the holder of a perfected garnishment lien against the wages of the debtor1 whether or not such a holder exists4 7#c7 ,effect of lien ,a lien created under paragraph 7#a7-- 7,a7 may not be considered a garnishment for the purposes of section #cjd7;a7 of the ,consumer ,credit ,protection ,act 7#ae ,u4,s4,c4 #afgd7;a772 and 7,b7 shall be subordinate to any lien for payment of a domestic support obligation4 7#d7 ,record of lien ,the trustee shall record a lien created under paragraph 7#a7 in the bankruptcy lien filing system maintained by the ,executive ,office of the ,united ,states ,trustee under section #eja of the ,consumer ,bankruptcy ,reform ,act of #bjbj4 7j7 ,effect of residence or property plan ,except to the extent inconsistent with the plan or the provisions of this title1 confirmation of a residence plan or a property plan leaves unaltered the rights of the parties under any agreement that is the basis for a claim secured by property provided for by the plan4 7k7 ,certain contract provisions void 7#a7 ,ipso facto clauses void ,the confirmation of a plan voids any provision in a contract provided for by the plan that is conditioned on-- 7,a7 the insolvency or financial condition of the debtor at any time before the closing of a case2 7,b7 the commencement of a case under this title2 or 7,c7 the appointment of1 or taking of possession by1 a trustee in a case under this title or a custodian before a case is commenced under this title4 7#b7 ,arbitration and joint-action provisions void ,notwithstanding any contrary provision of nonbankruptcy law1 the confirmation of a plan voids any pre-dispute arbitration agreement or pre-dispute joint-action lawsuit waiver relating to property subject to the plan4 7l7 ,jurisdiction ,to resolve disputes ,upon confirmation of a plan1 the court shall retain jurisdiction to resolve any disputes arising under1 or relating to1 the plan and may order any appropriate relief in such a dispute1 including the suspension of the payment obligations of the debtor under the plan4 #ajbi4 ,modification of repayment plan 7a7 ,in general ,after notice and a hearing1 the court may1 for cause1 modify an obligation of the debtor under a repayment plan based on a material change in the financial condition of the debtor that-- 7#a7 occurs after the date of the confirmation of the repayment plan2 and 7#b7 would impose a substantial burden on the debtor or a dependent of the debtor4 7b7 ,unanticipated attorney's fees ,if the debtor incurs unanticipated attorney's fees for services provided subsequent to confirmation of a repayment plan1 including for services relating to this section1 after notice and a hearing1 the court may1 for cause-- 7#a7 subject to section #ejb7;b77#c71 allow the debtor to modify the repayment plan to include treatment of such attorney's fees2 and 7#b7 permit the debtor to extend the term of a repayment plan by up to #f months to facilitate treatment of such attorney's fees4 ,,iii ,discharge #ajca4 ,discharge2 scope and timing 7a7 ,in general ,subject to subsection 7b71 the court shall grant the debtor a discharge in accordance with subsection 7c7 as soon as is practicable after-- 7#a7 the date of confirmation of a repayment plan2 or 7#b7 in the case of a debtor that has no minimum payment obligation1 the date on which the deadline for filing a repayment plan under section #ajba7;e7 expires4 7b7 ,exceptions ,the court may not grant a discharge under subsection 7a7 to a debtor who has-- 7#a7 been granted a discharge under this section1 under section #aada1 #aaib1 #aabh1 or under former section #gbg or #acbh1 within #f years of the date of the filing of the petition2 7#b7 failed to tender the property of the estate that is designated to be tendered under a repayment plan under section #ajbb7;a77#a77;,a77i77,,ii72 7#c7 7,a7 executed a written waiver of discharge after the date of the order for relief2 and 7,b7 appeared at a hearing at which the court determined that the debtor adequately understands the terms and consequences of the waiver described in subparagraph 7,a72 7#d7 with the intent to hinder1 delay1 or defraud a creditor or an officer of the estate charged with the custody of property under this title1 transferred1 removed1 destroyed1 mutilated1 concealed1 or permitted the transfer1 removal1 destruction1 mutilation1 or concealment of-- 7,a7 property of the debtor within #a year of the date of the filing of the petition2 or 7,b7 property of the estate after the date of the filing of the petition2 7#e7 concealed1 destroyed1 mutilated1 falsified1 or failed to keep or preserve any recorded information from which the financial condition or business transactions of the debtor might have been ascertained1 unless such act or failure was justified under all of the circumstances of the case2 7#f7 knowingly and fraudulently1 in the case or in connection with the case-- 7,a7 made a false oath or account2 7,b7 presented or used a false claim2 7,c7 gave1 offered1 received1 or attempted to obtain money1 property1 or advantage1 or a promise of money1 property1 or advantage1 for acting or forbearing to act2 or 7,d7 withheld from the trustee any recorded information1 including books1 documents1 records1 and papers1 relating to the property or financial affairs of the debtor2 7#g7 failed to satisfactorily explain1 before the determination of denial of discharge under this paragraph1 any loss of assets or deficiency of assets to meet the liabilities of the debtor2 or 7#h7 refused in the case-- 7,a7 to obey any lawful order of the court1 other than an order to respond to a material question or to testify2 7,b7 on the ground of privilege against self-incrimination1 to respond to a material question approved by the court or to testify after the debtor has been granted immunity with respect to the matter concerning which the privilege was invoked2 or 7,c7 on a ground other than a properly invoked privilege against self-incrimination1 to respond to a material question approved by the court or to testify4 7c7 ,debts discharged ,except as provided in section #ebc1 a discharge under subsection 7a7 discharges the debtor from all debts that arose before the date of the order for relief under this chapter and any liability on a claim that is determined under section #ejb as if such debt or claim had arisen before the commencement of the case1 whether or not-- 7#a7 a proof of claim based on any such debt or liability is filed under section #eja2 or 7#b7 a claim based on any such debt or liability is allowed under section #ejb4 7d7 ,notice of debtor's rights ,upon granting a discharge under subsection 7a71 the court shall include in the discharge order provided to the debtor on a form prescribed by the ,judicial ,conference of the ,united ,states in accordance with rule #ijji of the ,federal ,rules of ,bankruptcy ,procedure a conspicuous notice of-- 7#a7 the right to bring an action for contempt or a civil action under section #ebd7;c72 and 7#b7 the existence of other ,federal or ,state laws that may provide additional remedies to the debtor in the event a person violates section #ebd4 #ajcb4 ,revocation of discharge or order of confirmation 7a7 ,in general ,on request of the trustee1 a creditor1 or the ,united ,states trustee1 at any time within #a year after the date of the entry of an order of confirmation under section #ajbd or an order of discharge under section #ajca1 and after notice and a hearing1 the court may revoke such order only if-- 7#a7 such confirmation or discharge was obtained through the fraud of the debtor and the requesting party did not know of such fraud until after the granting of such confirmation or discharge2 or 7#b7 the debtor has refused1 in the case-- 7,a7 to obey any lawful order of the court1 other than an order to respond to a material question or to testify2 7,b7 on the ground of privilege against self-incrimination1 to respond to a material question approved by the court or to testify1 after the debtor has been granted immunity with respect to the matter concerning which such privilege was invoked2 or 7,c7 on a ground other than the properly invoked privilege against self-incrimination1 to respond to a material question approved by the court or to testify4 7b7 ,disposal of case ,if the court revokes an order of confirmation or an order of discharge under subsection 7a71 the court shall convert or dismiss the case under section #ajje4 ,,iv ,avoidance actions #ajda4 ,treatment of certain liens ,the trustee may avoid a lien that secures a claim of a kind described in section #gbf7;a77#d74 #ajdb4 ,limitations on avoidance actions ,the trustee may not bring an action to avoid a transfer or obligation under section #edd1 #ede1 #edg1 #edh1 #eec1 or #ajda1 unless there are allowed unsecured claims against the estate that the debtor does not propose to pay in full under a repayment plan4 ,v ,limited proceedings #ajea4 ,election of limited proceeding 7a7 ,in general 7#a7 ,election of limited proceeding ,in a case commenced under section #cja or #cjb1 a debtor that is eligible to file under this chapter may1 as part of the petition for relief1 elect to conduct a limited proceeding that affects only claims secured by specific items of the property of the debtor under this subchapter4 7#b7 ,general proceeding as default ,if the debtor does not elect to conduct a limited proceeding in a case under this chapter-- 7,a7 the case shall proceed as a general proceeding under this title2 and 7,b7 this subchapter shall not apply to the case4 7b7 ,limitation on election 7#a7 ,in general ,after the entry of order for relief1 the debtor may not elect to conduct a limited proceeding4 7#b7 ,election after dismissal ,nothing in this section shall preclude a debtor1 subsequent to the dismissal of a case1 from-- 7,a7 filing a petition under section #cja or #cjb2 and 7,b7 electing to conduct a limited proceeding under subsection 7a74 #ajeb4 ,effect of limited proceeding ,if the debtor elects to conduct a limited proceeding under section #ajea7;a7-- 7#a7 the debtor shall file with the petition a schedule of affected property designating the property to be subject to the limited proceeding that lists any creditor that has an interest in such property2 7#b7 the property of the estate under section #eda shall be limited to property that the debtor has indicated in the schedule of affected property2 7#c7 sections #cda1 #cfe1 #ajja1 #ajjb1 #ajjc1 #ajje7;a71 #ajje7;b77#d71 #ajje7;b77#g71 #ajje7;c71 #ajjh1 #ajba7;a77#a71 #ajbe1 #ajbg7;a71 #ajca1 #ajcb1 #ajda1 and #ajdb shall not apply to the case2 7#d7 subject to any limitations of a trustee under this chapter1 the debtor shall have the rights and powers of a trustee under-- 7,a7 subsections 7b71 7c71 7d71 7f71 and 7l7 of section #cfc2 and 7,b7 sections #cfd1 #edd1 #edf1 #edg1 #edh1 #edi1 and #eec2 7#e7 the debtor shall file #a or more plans under paragraphs 7#b7 and 7#c7 of section #ajba7;a7 with respect to property listed in the schedule of affected property within #g days of the order for relief1 or such further time as the court may allow for cause1 but in no case more than #cj days after the date of the order for relief2 7#f7 the stay under subsection section #cfb7;a7 shall apply only to entities with an interest in the property that the debtor has indicated in the schedule of affected property as intended for treatment under a plan2 7#g7 the debtor shall not be required to file the items required under section #eba7;a77#a77;,b71 other than a statement of current income and current expenditures2 and 7#h7 notice of the order for relief shall not be required to be provided to parties other than parties with claims secured by property that the debtor has indicated in the schedule of affected property and to the ,united ,states trustee4 #ajec4 ,dismissal or conversion of limited proceedings 7a7 ,election of dismissal or conversion of limited proceeding ,the debtor may elect to dismiss a limited proceeding or convert a limited proceeding to a general proceeding under this chapter by filing a notice of termination or conversion within #g days of the earlier of-- 7#a7 the failure of the debtor to timely file a plan required under section #ajeb7e72 or 7#b7 the failure of the court to confirm a plan within #fj days of the date of the order for relief4 7b7 ,conversion of limited proceeding ,if a debtor elects to convert a limited proceeding to a general proceeding under this chapter under subsection 7a7-- 7#a7 the property of the estate shall be determined under section #eda1 without regard to section #ajeb7b71 as of the date of the notice of conversion2 7#b7 the stay under section #cfb7;a7 shall apply to each entity as of the date of the notice of conversion2 7#c7 notice of the order for relief shall be provided to each party in interest that was not notified under section #ajeb7h72 7#d7 any timeline for an action to be taken by the debtor under this title that begins on the date of the order for relief shall be adjusted to begin on the date of the notice of conversion2 7#e7 except as provided in section #ejf1 with respect to a creditor that has a claim secured by property included in the schedule of affected property filed under section #ajeb7a71 any claims that arose against the debtor after the date of the order for relief and before the date of the notice of conversion shall be deemed to have arisen immediately before the date of the filing of the petition2 and 7#f7 any valuation of property or an allowed secured claim1 any determination of a claim allowance1 and any other determination made in the course of the limited proceeding may be used in the general proceeding1 unless the court for cause orders otherwise4 7c7 ,dismissal by court of limited proceeding ,at any time1 after notice and a hearing1 the court1 on its own motion or on a motion by the ,united ,states trustee1 may dismiss a case that is proceeding as a limited proceeding on the grounds that the granting of relief would be a manifestly improper use of the bankruptcy system4 4 7b7 ,clerical amendment ,the table of chapters for title #aa1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #i the following3 #aj4 ,individual bankruptcy#ajja 4 #ajc4 ,repeal of chapter #ac 7a7 ,in general ,chapter #ac of title #aa1 ,united ,states ,code1 is repealed4 7b7 ,clerical amendment ,the table of chapters for title #aa1 ,united ,states ,code1 is amended by striking the item relating to chapter #ac4 #ajd4 ,other amendments to the ,bankruptcy ,code 7a7 ,definitions 7#a7 ,in general ,section #aja of title #aa1 ,united ,states ,code1 is amended-- 7,a7 by striking paragraphs 7#c71 7#d;,a71 7#aj;,a71 7#ab;,a71 and 7#cj72 7,b7 by redesignating paragraphs 7#ec;,b71 7#ec;,c71 7#ef;,a71 7#ec;,d71 7#ed71 7#ed;,a71 and 7#ee7 as paragraphs 7#hf71 7#hg71 7#hh71 7#hi71 7#ij71 7#ia71 and 7#ib71 respectively2 7,c7 by inserting before paragraph 7#hg71 as so redesignated1 the following3 7#he7 ,the term store gift card means a card1 code1 or other device that is-- 7,a7 issued in exchange for payment on a prepaid basis primarily for personal1 family1 or household purposes to a consumer in a specified amount1 whether or not that amount may be increased or reloaded2 and 7,b7 redeemable for goods or services upon presentation at a single merchant or an affiliated group of merchants4 2 7,d7 by redesignating paragraphs 7#dh71 7#dh;,a71 7#di71 7#ej71 7#ea71 7#ea;,a71 7#ea;,b71 7#ea;,c71 7#ea;,d71 7#eb71 7#ec71 and 7#ec;,a7 as paragraphs 7#gc71 7#gd71 7#ge71 7#gf71 7#gg71 7#gh71 7#gi71 7#hj71 7#ha71 7#hb71 7#hc71 and 7#hd71 respectively2 7,e7 by inserting before paragraph 7#gc71 as so redesignated1 the following3 7#gb7 ,the term residence plan means a plan filed pursuant to section #ajbb7;b7 of this title4 2 7,f7 by redesignating paragraphs 7#df7 and 7#dg7 as paragraphs 7#gj7 and 7#ga71 respectively2 7,g7 by inserting before paragraph 7#gj71 as so redesignated1 the following3 7#fi7 ,the term repayment plan means a plan filed pursuant to section #ajbb7;a7 of this title4 2 7,h7 by redesignating paragraph 7#de7 as paragraph 7#fh72 7,i7 by inserting before paragraph 7#fh71 as so redesignated1 the following3 7#fg7 ,the term realizable value means the value1 as of the relevant date1 that could be obtained for the relevant property in a lawful foreclosure1 repossession1 or execution sale1 less the costs of such sale4 2 7,j7 by redesignating paragraphs 7#dc7 and 7#dd7 as paragraphs 7#fe7 and 7#ff71 respectively2 7,k7 by inserting before paragraph 7#fe71 as so redesignated1 the following3 7#fd7 ,the term property plan means a plan filed pursuant to section #ajbb7;c7 of this title4 2 7,l7 by redesignating paragraph 7#db;,a7 as paragraph 7#fc72 7,m7 by inserting before paragraph 7#fc71 as so redesignated1 the following3 7#fa7 ,the term pre-dispute arbitration agreement means any agreement to which the debtor is a party to arbitrate a dispute that has not arisen at the time of the making of the agreement4 7#fb7 ,the term pre-dispute joint-action waiver means any agreement to which the debtor is a party1 whether or not part of a predispute arbitration agreement1 that would prohibit the debtor from participating1 or waive the right of the debtor to participate1 in a joint1 class1 or collective action in a judicial1 arbitral1 administrative1 or other forum1 concerning a dispute that has not yet arisen at the time of the making of the agreement4 2 7,n7 by redesignating paragraphs 7#dj71 7#dj;,a71 7#dj;,b71 7#da71 7#da;,a71 and 7#db7 as paragraphs 7#ee71 7#ef71 7#eg71 7#eh71 7#ei71 and 7#fj71 respectively2 7,o7 by inserting before paragraph 7#ef71 as so redesignated1 the following3 7#ed7 ,the term minimum payment obligation means1 except as provided in section #ajba7;c77#a7 of this title1 an amount equal to the lesser of-- 7,a7 the allowed unsecured claims2 or 7,b7 the sum of-- 7i7 the value of the debtor's interest in property of the bankruptcy estate in excess of-- 7,i7 any allowed secured claims that are secured by that property2 plus 7,,ii7 any exemption applicable under section #ebb7;b72 7ii7 in the case of a debtor in a household of #a1 #b1 #c1 or #d individuals1 to the extent the debtor's annual income exceeds #ace percent of the median family income of the applicable ,state for a family of the same number of individuals or fewer as the debtor-- 7,i7 if the excess is not over #aj1jjj1 #ae percent of the excess2 7,,ii7 if the excess is over #aj1jjj but not over #ej1jjj1 #a1ejj plus #de percent of the excess over #aj1jjj2 7,,iii7 if the excess is over #ej1jjj but not over #ajj1jjj1 #ai1ejj plus #ge percent of the excess over #ej1jjj2 or 7,,iv7 if the excess is over #ajj1jjj1 #id1ejj plus #aej percent of the excess over #ajj1jjj2 and 7iii7 in the case of a debtor in a household exceeding #d individuals1 clause 7ii7 shall apply1 except that excess income shall be calculated as the extent to which the debtor's annual income exceeds the sum of #ace percent of the highest median family income of the applicable ,state for a family of #d or fewer individuals and #i1jjj for each individual in excess of #d4 2 7,p7 by redesignating paragraphs 7#ca71 7#cb71 7#cc71 7#cd71 7#ce71 7#ce;,a71 7#cf71 7#cg71 7#ch71 7#ch;,a71 7#ch;,b71 7#ci71 and 7#ci;,a7 as paragraphs 7#da71 7#db71 7#dc71 7#dd71 7#de71 7#df71 7#dg71 7#dh71 7#di71 7#ej71 7#ea71 7#eb71 and 7#ec71 respectively2 7,q7 in paragraph 7#de77;,b71 as so redesignated1 by striking paragraphs 7#ba;,b7 and 7#cc77;,a7 and inserting paragraphs 7#bi7 and 7#dc77;,a72 7,r7 by redesignating paragraphs 7#ad71 7#ad;,a71 7#ae71 7#af71 7#ag71 7#ah71 7#ai71 7#ai;,a71 7#ai;,b71 7#bj71 7#ba71 7#ba;,a71 7#ba;,b71 7#bb71 7#bb;,a71 7#bc71 7#bd71 7#be71 7#bf71 7#bg71 7#bg;,a71 7#bg;,b71 7#bh71 and 7#bi7 as paragraphs 7#ag71 7#ah71 7#ai71 7#bj71 7#ba71 7#bb71 7#bc71 7#bd71 7#be71 7#bf71 7#bg71 7#bh71 7#bi71 7#cj71 7#ca71 7#cb71 7#cc71 7#cd71 7#ce71 7#cf71 7#cg71 7#ch71 7#ci71 and 7#dj71 respectively2 7,s7 in paragraph 7#ah71 as so redesignated-- 7i7 in the matter preceding subparagraph 7,a71 by inserting attorneys' fees and before interest2 and 7ii7 by striking subparagraph 7,a7 and inserting the following3 7,a7 owed to or recoverable by a spouse1 former spouse1 or child of the debtor or a parent1 legal guardian1 or responsible relative of such a child2 2 7,t7 by striking paragraph 7#ac;,a7 and inserting the following3 7#af7 ,the term debtor's principal residence1 with respect to a debtor1 means #a of the following3 7,a7 ,a residential structure that the debtor or a dependent uses as a residence1 including an individual condominium1 a mobile or manufactured home1 or trailer or houseboat1 and incidental property1 without regard to whether that structure is attached to real property4 7,b7 ,an interest in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence4 7,c7 ,a residential leasehold that the debtor or a dependent of the debtor uses as a residence4 2 7,u7 by redesignating paragraphs 7#g;,a71 7#g;,b7 7#h71 7#i71 7#aj71 7#aa71 7#ab71 and 7#ac7 as paragraphs 7#h71 7#i71 7#aj71 7#aa71 7#ab71 7#ac71 7#ad71 and 7#ae71 respectively2 and 7,v7 by inserting before paragraph 7#d7 the following3 7#c7 ,the term annual income means-- 7,a7 an amount equal to twice the income from all sources that the debtor receives 7or in a joint case the debtor and the debtor's spouse receive7 without regard to whether such income is taxable1 derived during the #f-month period ending on the last day of the calendar month immediately preceding the date of the filing of the petition2 and 7,b7 any amount paid by any entity other than the debtor 7or in a joint case the debtor and the debtor's spouse71 on a regular basis on behalf of the debtor1 except that the proceeds from the sale of an asset not in the ordinary course of business shall not be included in annual income4 4 7#b7 ,conforming amendments to other laws 7,a7 ,section #aejc7c77;,a77iv7 of the ,s4,a4,f4,e4 ,mortgage ,licensing ,act of #bjjh 7#ab ,u4,s4,c4 #aejb7c77;,a77iv77 is amended by striking section #aja7ec;,d7 and inserting section #aja7hi74 7,b7 ,section #aaf7;a77#b77;,a7 of the ,emergency ,economic ,stabilization ,act of #bjjh 7#ab ,u4,s4,c4 #ebbf7;a77#b77;,a77 is amended by striking section #aja7bg7 and inserting section #aja7cf74 7,c7 ,section #baj7;a7 of the ,dodd-,frank ,wall ,street ,reform and ,consumer ,protection ,act 7#ab ,u4,s4,c4 #ecij7;a77-- 7i7 in paragraph 7#aa77;,h7-- 7,i7 in clause 7i77,i71 by striking section #aja7ca7 and inserting section #aja7da72 and 7,,ii7 in clause 7ii77,,ii71 by striking section #aja7cb7 and inserting section #aja7db72 and 7ii7 in paragraph 7#ab77;,c71 by striking section #aja7cb7 and inserting section #aja7db74 7,d7 ,section #c;,e7g7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c-#e7;g77 is amended by striking section #aja7ec;,a77,b7 and inserting section #aja7hd77;,b74 7,e7 ,section #ajc7;dd77#e7 of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afjb7;dd77#e77 is amended by striking section #aja7ec;,d7 and inserting section #aja7hi74 7,f7 ,section #abh7;b77#b77;,g77i7 of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afch7;b77#b77;,g77i77 is amended1 in the matter preceding subclause 7,i71 by striking section #aja7ec;,d7 and inserting section #aja7hi74 7,g7 ,section #abi;,b7f7 of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afci;b7f77 is amended by striking section #aja7ec;,d7 and inserting section #aja7hi74 7,h7 ,section #abi;,c7i7 of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afci;c7i77 is amended by striking section #aja7ec;,d7 and inserting section #aja7hi74 7,i7 ,section #ajaf7;f77#b77;,a7 of the ,oil ,pollution ,act of #aiij 7#cc ,u4,s4,c4 #bgaf7;f77#b77;,a77 is amended by striking section #aja7cb7 and inserting section #aja7db74 7,j7 ,section #dje7;j77#b77;,c7 of ,,promesa 7#dh ,u4,s4,c4 #baid7;j77#b77;,c77 is amended by striking section #aja7aa7 and inserting section #aja7ac74 7b7 ,applicability of chapters ,section #ajc of title #aa1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking chapter #g1 #aa1 #ab1 or #ac of this title and inserting chapter #g1 #aj1 #aa1 or #ab of this title2 and 7,b7 by striking section #cfb7o7 and inserting section #cfb7m72 and 7#b7 in subsection 7j7 by striking ,chapter #ac and inserting ,chapter #aj4 7c7 ,adjustment of dollar amounts ,section #ajd of title #aa1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7 by striking sections #aja7c7 and all that follows through of this title and inserting this title2 and 7#b7 in subsection 7b7 by striking sections #aja7c7 and all that follows through of this title and inserting this title4 7d7 ,waiver of sovereign immunity ,section #ajf7;a77#a7 of title #aa1 ,united ,states ,code1 is amended-- 7#a7 by striking #gbb12 7#b7 by inserting #ajbh1 after #idd12 and 7#c7 by striking #abca1 #acja1 #acjc1 #acje1 and #acbg and inserting and #abca4 7e7 ,extension of time ,section #ajh of title #aa1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b71 in the matter preceding paragraph 7#a71 by striking or #acja2 and 7#b7 in subsection 7c7-- 7,a7 in the matter preceding paragraph 7#a71 by striking #abja or #acja and inserting #ajji or #abja2 and 7,b7 in paragraph 7#b71 by striking section #cfb1 #ibb1 #abja1 or #acja of this title1 and inserting section #cfb1 #ibb1 or #abja of this title14 7f7 ,who may be a debtor 7#a7 ,in general ,section #aji of title #aa1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7b7-- 7i7 by redesignating paragraphs 7#a71 7#b71 and 7#c7 as paragraphs 7#b71 7#c71 and 7#d71 respectively2 and 7ii7 by inserting before paragraph 7#b71 as so redesignated1 the following3 7#a7 an individual2 2 7,b7 by striking subsection 7e72 7,c7 by redesignating subsection 7d7 as 7e72 7,d7 by inserting after subsection 7c7 the following3 7d7 ,only an individual that owes aggregate noncontingent liquidated secured and unsecured debts as of the date of the filing of the petition or the date of the order for relief in an amount not more than #g1ejj1jjj 7excluding debts owed to #a or more affiliates or insiders7 may be a debtor under chapter #aj of this title4 2 7,e7 in subsection 7e71 as so redesignated1 by striking railroad1 a person and inserting railroad1 an individual1 a person2 7,f7 by striking subsection 7g7 and inserting the following3 7g7 ,notwithstanding any other provision of this section1 no individual or family farmer may be a debtor under this title who has been a debtor in a case pending under this title at any time in the preceding #ahj days if the case was dismissed by the court for willful failure of the debtor to abide by orders of the court1 or to appear before the court in proper prosecution of the case4 2 and 7,g7 by striking subsection 7h7 and inserting the following3 7h7 7#a7 ,upon motion of a party in interest or on the court's own motion1 the court may1 after notice and a hearing1 include in an order dismissing a case under section #gjg1 #ajje1 #ajec7;c71 #aaab1 or #abjh of this title a restriction of the debtor's eligibility to refile a subsequent case under this title upon a finding of cause1 including-- 7,a7 willful failure of the debtor to-- 7i7 abide by orders of the court2 or 7ii7 propose a plan required under section #ajba1 #aabi1 or #abbe in good faith and not by any means forbidden by law2 7,b7 willful and substantial default by the debtor with respect to a term of a confirmed plan2 7,c7 a pattern or practice of filing bankruptcy petitions as part of a manifestly improper use of the bankruptcy system2 7,d7 willful failure of the debtor to appear before the court in proper prosecution of the case2 or 7,e7 other manifestly improper use of the provisions of this title4 7#b7 ,the period of ineligibility for a subsequent case-- 7,a7 shall extend for #ahj days from the date of the entry of the court's order unless the court orders otherwise2 and 7,b7 may extend for a period longer than #ahj days 7but not to exceed #gbj days7 only if the court finds manifestly improper use the bankruptcy system4 7#c7 ,after notice and a hearing1 the court may decrease the period of ineligibility based upon a showing of changed circumstances or for good cause shown4 4 7#b7 ,conforming amendments 7,a7 ,section #aeja7;c77#b7 of title #aa1 ,united ,states ,code1 is amended by striking #aji7;e7 and inserting #aji7;d74 7,b7 ,section #cjc7a7 of ,,promesa 7#dh ,u4,s4,c4 #bafc7a77 is amended by striking section #aji7;b77#b7 and inserting section #aji7;b77#c74 7g7 ,penalty for persons who negligently or fraudulently prepare bankruptcy petitions ,section #aaj7;e77#b77;,b77i77,,ii7 of title #aa1 ,united ,states ,code1 is amended by striking under chapter #g1 #aa1 #ab1 or #ac and inserting under chapter #aj1 #aa1 or #ab4 7h7 ,nonprofit budget and credit counseling agencies2 financial management instructional courses 7#a7 ,chapter #a of title #aa1 ,united ,states ,code1 is amended by striking section #aaa4 7#b7 ,the table of sections for chapter #a of title #aa1 ,united ,states ,code1 is amended by striking the item relating to section #aaa4 7i7 ,involuntary cases ,section #cjc of title #aa1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7 by striking chapter #g or #aa of this title and inserting chapter #g1 #aj1 or #aa of this title2 7#b7 in subsection 7b7 by striking chapter #g or #aa of this title-- and inserting chapter #g1 #aj1 or #aa of this title--2 7#c7 in subsection 7g7-- 7,a7 by striking chapter #g of this title and inserting chapter #g or #aj of this title2 and 7,b7 by striking section #gja of this title and inserting section #gja or #ajjc of this title2 and 7#d7 in subsection 7k77#b71 by striking the court may enter an order and inserting the court shall enter an order4 7j7 ,appearance by consumer financial protection bureau 7#a7 ,in general ,subchapter ,i of chapter #c of title #aa1 ,united ,states ,code1 is amended by adding at the end the following3 #cji4 ,bureau of ,consumer ,financial ,protection appearances in bankruptcy cases ,notwithstanding section #ajed7;e7 of the ,consumer ,financial ,protection ,act 7#ab ,u4,s4,c4 #eefd7;e771 the ,bureau of ,consumer ,financial ,protection may represent itself in its own name and may raise1 appear1 and be heard on any issue in a case under this title before any court with appropriate jurisdiction4 4 7#b7 ,conforming amendment ,the table of sections for chapter #c of title #aa1 ,united ,states ,code1 is amended by inserting after the item relating to section #cjh the following3 #cji4 ,bureau of ,consumer ,financial ,protection appearances in bankruptcy cases4 4 7k7 ,eligibility ,to serve as trustee ,section #cba7;a7 of title #aa1 ,united ,states ,code1 is amended by striking under chapter #g1 #ab1 or #ac of this title1 each place it appears and inserting under chapter #g1 #aj1 or #ab of this title14 7l7 ,qualification of trustee ,section #cbb7;a7 of title #aa1 ,united ,states ,code1 is amended by striking #gja1 #gjb1 #gjc1 #aajd1 #aafc1 #aahc1 #abjb1 or #acjb and inserting #gja1 #gjb1 #gjc1 #ajja1 #aajd1 #aafc1 #aahc1 or #abjb4 7m7 ,limitation on compensation of trustee ,section #cbf7;b7 of title #aa1 ,united ,states ,code1 is amended-- 7#a7 by striking chapter #ab or #ac of this title1 and inserting chapter #aj or #ab of this title12 and 7#b7 by striking under section #abjb7;a7 or #acjb7;a7 of this title and inserting under section #ajja7;a7 or #abjb7;a7 of this title4 7n7 ,debtor's transactions with attorneys ,section #cbi of title #aa1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b77#a77;,b71 by striking chapter #aa1 #ab1 or #ac of this title and inserting chapter #aj1 #aa1 or #ab of this title2 and 7#b7 by adding at the end the following3 7c7 ,in a case under chapter #aj of this title1 no compensation shall be allowed for the debtor's attorney under this title unless-- 7#a7 the agreement between the debtor and the debtor's attorney providing for compensation-- 7,a7 was made not more than #ij days before the date of the filing of the petition2 7,b7 specifies the services provided or to be provided by the debtor's attorney and the attorney's related fees and expenses2 7,c7 provides that the debtor will not be requested to pay or be liable for any amounts other than attorneys' fees and expenses-- 7i7 specified in the agreement2 7ii7 for any adversary proceeding in which the debtor is a party2 or 7iii7 for services required by the debtor or the court that the attorney should not have reasonably anticipated at the time of the agreement2 7,d7 does not provide for the payment of interest or any additional fees based on delay in payment or risk of nonpayment or for costs of collection on installment payments2 and 7,e7 does not include a pre-dispute arbitration agreement or a pre-dispute joint-action waiver with respect to any dispute under the agreement2 7#b7 the attorney has discussed with the debtor the attorney's fees and expenses under the agreement and the consequences of the attorney's filing the certification required under paragraph 7#c71 and1 after full disclosure1 the debtor consents to the filing of the certification2 and 7#c7 the attorney files with the court a certification1 in accordance with rule #ijaa of the ,federal ,rules of ,bankruptcy ,procedure1 with respect to the agreement that-- 7,a7 the conditions specified in paragraphs 7#a7 and 7#b7 are satisfied2 and 7,b7 the enforcement of the agreement would not impose an undue hardship on the debtor or the debtor's dependents4 7d7 ,in a case under chapter #aj of this title1 any assignment1 factoring1 or transfer of rights or amounts1 or of rights or authority to collect any such amounts1 due under an agreement between the debtor and the debtor's attorney is void4 7e7 ,the bankruptcy court shall have exclusive jurisdiction over any disputes under an agreement that is subject to this section1 whether or not the case has been closed4 4 7o7 ,compensation of officers 7#a7 ,in general ,section #ccj of title #aa1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7a77#d77;,b71 by striking ,in a chapter #ab or chapter #ac case in which the debtor is an individual1 and inserting ,in a chapter #aj or #ab case in which the debtor is an individual12 7,b7 by redesignating subsections 7c7 and 7d7 as subsections 7d7 and 7f71 respectively2 7,c7 by striking 7b77#a7 ,there and inserting 7b7 ,there2 7,d7 by striking title #de and inserting title #ge2 7,e7 by striking 7#b7 ,the ,judicial and inserting 7c7 ,the ,judicial2 7,f7 by striking 7,a7 shall and inserting 7#a7 shall2 7,g7 by striking 7,b7 may and inserting 7#b7 may2 7,h7 by striking paid under paragraph 7#a74 and inserting paid under subsection 7b742 7,i7 in subsection 7d71 as so redesignated1 by striking in a case under chapter #ab or #ac and inserting in a case under chapter #aj or #ab2 and 7,j7 by inserting after subsection 7d71 as so redesignated1 the following3 7e7 ,there shall be paid from the filing fee in a case under chapter #aj of this title #abj to the trustee serving in such case1 after such trustee's services are rendered4 4 7#b7 ,conforming amendment ,section #ehi;a7b77#g7 of title #bh1 ,united ,states ,code1 is amended by striking section #ccj7;d7 and inserting section #ccj7;f74 7p7 ,meetings of creditors and equity security holders ,section #cda of title #aa1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c71 by striking chapter #g or #ac and inserting chapter #aj of this title2 7#b7 in subsection 7d7-- 7,a7 in the matter preceding paragraph 7#a71 by striking chapter #g and inserting chapter #aj2 7,b7 in paragraph 7#a71 by adding and at the end2 7,c7 by striking paragraph 7#b72 7,d7 by redesignating paragraph 7#c7 as paragraph 7#b72 7,e7 in paragraph 7#b71 as so redesignated1 by striking 2 and and inserting a period2 and 7,f7 by striking paragraph 7#d72 and 7#c7 by adding at the end the following3 7f7 ,in a case under chapter #aj of this title-- 7#a7 the meeting of creditors under subsection 7a7 may be convened electronically and allow remote appearances of all parties2 7#b7 7,a7 the debtor shall not be required to appear in person if it would impose an unreasonable burden on the debtor2 and 7,b7 there shall be a rebuttable presumption that in-person attendance at the meeting of creditors under subsection 7a7 is an unreasonable burden on the debtor if the debtor's address on the bankruptcy petition is more than #aj miles from the location of the courthouse of the bankruptcy court where the meeting of creditors under subsection 7a7 would occur2 and 7#c7 the meeting of creditors under subsection 7a7 shall be scheduled at such times to avoid conflict with the debtor's employment4 4 7q7 ,notice ,section #cdb of title #aa1 ,united ,states ,code1 is amended-- 7#a7 by striking subsections 7b7 and 7d72 7#b7 by redesignating subsections 7c71 7e71 7f71 and 7g7 as subsections 7b71 7c71 7d71 and 7e71 respectively2 7#c7 in subsection 7c77#a71 as so redesignated1 by striking chapter #g or #ac and inserting chapter #aj2 7#d7 in subsection 7d71 as so redesignated-- 7,a7 in paragraph 7#a71 by striking chapters #g or #ac and inserting chapter #aj2 and 7,b7 in paragraph 7#b7-- 7i7 by striking chapter #g or #ac and inserting chapter #aj2 and 7ii7 by striking subsection 7e7 and inserting subsection 7c72 and 7#e7 in subsection 7e77#b71 as so redesignated1 by striking section #cfb7k7 and inserting section #cfb7;j74 7r7 ,unclaimed property ,section #cdg7;a7 of title #aa1 ,united ,states ,code1 is amended by striking under section and all that follows through as the case may be and inserting under section #gbf1 #ajbe1 #aaid1 or #abbf of this title under chapter #g1 chapter #aj1 subchapter ,v of chapter #aa1 or chapter #ab of this title1 as the case may be4 7s7 ,effect of conversion ,section #cdh of title #aa1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 by striking sections #gja7;a71 #gbg7;a77#aj71 #gbg7;b71 #aajb7;a71 #aaaj7;a77#a71 #aaba7;b71 #aaba7;c71 #aada7;d77#d71 #abja7;a71 #abba1 #abbh7;a71 #acja7;a71 and #acje7;a7 of this title and inserting sections #gja7;a71 #ajji7;a71 #ajbe7;b71 #ajbg7;a71 #ajbg7;b71 #ajca7;c71 #aajb7;a71 #aaaj7;a77#a71 #aaba7;b71 #aaba7;c71 #aada7;d77#d71 #abja7;a71 #abba1 and #abbh7;a7 of this title2 and 7,b7 by striking under section #gjf1 #aaab1 #abjh1 or #acjg of this title and inserting under section #gjf1 #ajje1 #ajec7;c71 #aaab1 or #abjh of this title2 7#b7 in subsection 7c71 by striking under section #gjf1 #aaab1 #abjh1 or #acjg of this title and inserting under section #gjf1 #ajje1 #ajec7;c71 #aaab1 or #abjh of this title2 7#c7 in subsection 7d71 by striking under section #aaab1 #abjh1 or #acjg of this title and inserting under section #ajje1 #ajec7;c71 #aaab1 or #abjh of this title2 7#d7 in subsection 7e71 by striking under section #gjf1 #aaab1 #abjh1 or #acjg of this title and inserting under section #gjf1 #ajje1 #ajec7;c71 #aaab1 or #abjh of this title2 and 7#e7 by striking subsection 7f74 7t7 ,effect of dismissal ,section #cdi of title #aa1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,the dismissal of a case shall not-- 7#a7 bar the discharge1 in a later case1 of debts that were dischargeable in the case dismissed1 except as provided in section #ebc1 #ajca1 #aada1 or #abbh2 or 7#b7 prejudice the debtor with regard to the filing of a subsequent petition1 except as provided in subsection 7g7 or 7h7 of section #aji4 2 and 7#b7 in subsection 7b77#a77;,b71 by striking or #gbd7;a7 of this title1 and inserting #gbd7;a71 or #ajda of this title14 7u7 ,automatic stay 7#a7 ,in general ,section #cfb of title #aa1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#c71 by inserting or to retain after to exercise control over2 7ii7 in paragraph 7#g71 by striking and at the end2 7iii7 in paragraph 7#h71 by striking the period at the end and inserting 2 and2 and 7iv7 by adding at the end the following3 7#i7 in a case under chapter #aj of this title1 at any time before the earliest of a conversion or dismissal under section #ajje of this title1 a dismissal under section #ajec7;c7 of this title1 or a discharge under section #ajca of this title1 any act to alter1 refuse1 or discontinue utility service provided to the debtor under an agreement entered into before the entry of the order for relief4 2 7,b7 in subsection 7b7-- 7i7 by striking paragraph 7#bb72 7ii7 by redesignating paragraphs 7#bc71 7#bd71 7#be71 7#bf71 7#bg71 and 7#bh7 as paragraphs 7#bb71 7#bc71 7#bd71 7#be71 7#bf71 and 7#bg71 respectively2 7iii7 in paragraph 7#bb71 as so redesignated1 by striking subsection 7m7 and inserting subsection 7l72 7iv7 in paragraph 7#bf71 as so redesignated1 by striking and at the end2 7v7 in paragraph 7#bg71 as so redesignated1 by striking the period and inserting 2 and2 and 7vi7 by striking the matter following paragraph 7#bg71 as so redesignated and inserting the following3 7#bh7 under subsection 7a71 over retention of property of the estate subject to a potential loss of value due to accident1 casualty1 or theft unless the party entitled to possession provides proof of insurance or other security sufficient to protect the creditor against such loss of value4 2 7,c7 in subsection 7c7-- 7i7 in the matter preceding paragraph 7#a71 by striking 7f71 and 7h7 and inserting and 7f72 7ii7 by striking paragraphs 7#b7 and 7#c7 and inserting the following3 7#b7 in a case under chapter #g1 #i1 #aa1 or #ab1 the stay of any other act under subsection 7a7 of this section continues until the earliest of-- 7,a7 the time the case is closed2 7,b7 the time the case is dismissed2 or 7,c7 if the case is a case under chapter #i1 #aa1 or #ab1 the time a discharge is granted or denied2 7#c7 in a case under chapter #aj1 the stay of any other act under subsection 7a7 of this section continues until the earliest of-- 7,a7 the time the case is closed2 7,b7 the time the case is dismissed2 or 7,c7 the time specified in section #ajba7;e7 has expired without the debtor having filed a plan2 and 2 and 7iii7 in subparagraph 7,a77i7 of paragraph 7#d71 by striking dismissed1 other than a case refiled under a chapter other than chapter #g after dismissal under section #gjg7;b71 and inserting dismissed12 7,d7 in subsection 7e77#b71 by striking chapter #g1 #aa1 or #ac and inserting chapter #aj or #aa2 7,e7 by striking subsections 7h7 and 7i72 7,f7 by redesignating subsections 7j7 through 7o7 as subsections 7h7 through 7m7 respectively2 7,g7 in subsection 7i71 as so redesignated-- 7i7 by striking 7#a7 ,except as provided in paragraph 7#b71 an and inserting ,an2 and 7ii7 by striking paragraph 7#b72 and 7,h7 by adding at the end the following3 7n7 ,any agreement of the debtor entered into before the filing of the petition to waive the provisions of this section or any other provision of this title is void4 4 7#b7 ,conforming amendments 7,a7 ,section #aeai7;f7 of title #aa1 ,united ,states ,code1 is amended by striking section #cfb7o7 and inserting section #cfb7m74 7,b7 ,section #aeba7;f7 of title #aa1 ,united ,states ,code1 is amended by striking section #cfb7o7 and inserting section #cfb7m74 7v7 ,use1 sale1 or lease of property ,section #cfc of title #aa1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c77#a7 by striking section #gba1 #aajh1 #aahc1 #aahd1 #abjc1 #abjd or #acjd of this title and inserting section #gba1 #ajjc1 #aajh1 #aahc1 #aahd1 #abjc1 or #abjd of this title2 and 7#b7 in subsection 7l7 by striking under chapter #aa1 #ab1 or #ac of this title and inserting under chapter #aj1 #aa1 or #ab of this title4 7w7 ,obtaining credit ,section #cfd7;a7 of title #aa1 ,united ,states ,code1 is amended by striking section #gba1 #aajh1 #aahc1 #aahd1 #abjc1 #abjd1 or #acjd of this title1 and inserting section #gba1 #aajh1 #aahc1 #aahc1 #abjc1 or #abjd of this title14 7x7 ,executory contracts and unexpired leases ,section #cfe of title #aa1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d77#b71 by striking under chapter #i1 #aa1 #ab1 or #ac of this title and inserting under chapter #i1 #aj1 #aa1 or #ab of this title2 7#b7 in subsection 7g7-- 7,a7 in paragraph 7#a71 by striking under chapter #i1 #aa1 #ab1 or #ac of this title1 and inserting under chapter #i1 #aj1 #aa1 or #ab of this title12 and 7,b7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a71 by striking under chapter #i1 #aa1 #ab1 or #ac of this title and inserting under chapter #i1 #aj1 #aa1 or #ab of this title2 7ii7 in subparagraph 7,a7 by striking under section #aaab1 #abjh or #acjg of this title1 and inserting under section #ajje1 #ajec7;c71 #aaab1 or #abjh of this title12 and 7iii7 in subparagraph 7,b71 in the matter preceding clause 7i71 by striking under section #aaab1 #abjh or #acjg of this title and inserting under section #ajje1 #ajec7;c71 #aaab1 or #abjh of this title2 and 7#c7 by striking subsection 7p7 and inserting the following3 7p7 ,notwithstanding any provision in a lease or applicable nonbankruptcy law1 the following shall apply3 7#a7 7,a7 ,if the debtor is an individual1 the trustee shall be deemed to have abandoned any unexpired lease of residential real property that is the debtor's principal residence of which the debtor or the debtor's spouse or dependents is a tenant4 7,b7 7i7 ,notwithstanding any other provision of this section1 the debtor may assume such a lease-- 7,i7 without curing any monetary defaults under the lease that aggregate no more than the amount described in clause 7iii72 and 7,,ii7 without adequate assurance of future performance4 7ii7 ,if there are monetary defaults under the lease that aggregate to more than the amount described in clause 7iii71 the debtor may not assume such lease unless all monetary defaults in excess of the amount described in clause 7iii7 are cured4 7iii7 ,the amount described in this clause is the amount equal to #f times the monthly rent to be paid by the debtor under the lease4 7,c7 ,any monetary defaults on such a lease left uncured shall become claims against the estate in accordance with section #cfe7;g74 7,d7 7i7 ,all non-monetary defaults on such a lease shall be deemed waived1 except those relating to health or safety1 which shall require permission of the court to waive or modify if the lessor objects to their waiver or modification4 7ii7 ,any pecuniary loss in accordance with such a non-monetary default shall constitute a claim against the estate in accordance with subsection #cfe7;g74 7,e7 ,such a lease not assumed by the debtor1 including satisfaction or adequate assurance of any cure required within #fj days of the order of relief1 under this paragraph shall return to the bankruptcy estate4 7#b7 7,a7 ,if the debtor is an individual and if an unexpired lease of property not subject to paragraph 7#a7 is rejected or not timely assumed by the trustee under subsection 7d71 the debtor may move to assume the lease4 7,b7 ,the court-- 7i7 may approve such an assumption if the debtor cures any monetary default within #ij days after the date of assumption2 and 7ii7 shall withhold any discharge of the debtor until such cure is made4 7,c7 ,the debtor's interest in the lease or property that is the subject of the lease ceases to be property of the estate if-- 7i7 the debtor fails to move to assume the lease within #ad days after the lease is rejected or not timely assumed by the trustee2 or 7ii7 the debtor's motion to assume the lease is denied4 7,d7 ,all non-monetary defaults on such a lease shall be deemed waived except those relating to health or safety1 which shall require permission of the court upon motion to waive or modify if the lessor objects to their waiver or modification4 7#c7 ,in this subsection1 the term lease does not include-- 7,a7 an agreement that is a security interest under applicable nonbankruptcy law1 irrespective of its form2 or 7,b7 a lease the term of which extends beyond the remaining economic life of the property4 4 7y7 ,utility service ,section #cff7;b7 of title #aa1 ,united ,states ,code1 is amended by striking ,such utility and inserting ,in a case other than under chapter #aj of this title1 such utility4 7z7 ,filing of proofs of claims or interests ,section #eja of title #aa1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 7#a7 ,any creditor that files a claim1 and any attorney representing such creditor1 shall at the time of filing certify1 under penalty of perjury1 whether the creditor has a beneficial interest in the claim and to what extent4 7#b7 ,if the creditor does not hold the entire beneficial interest in the claim1 the creditor shall disclose in the certification under paragraph 7#a7 the identity of the party or parties holding the beneficial interest4 7#c7 ,the creditor shall promptly notify the court1 the trustee1 the ,united ,states ,trustee1 and the debtor of any updates necessary to maintain the accuracy of the certification under paragraph 7#a74 7g7 ,the filing of a claim under this title shall not revive any period of limitations under applicable nonbankruptcy law4 4 7aa7 ,allowance of claims or interests 7#a7 ,in general ,section #ejb of title #aa1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7b7-- 7i7 in the matter preceding paragraph 7#a71 by striking subsections 7e77#b71 7f71 7g71 7h7 and 7i7 and inserting subsections 7c71 7f77#b71 7g71 7h71 7i7 and 7j72 7ii7 in paragraph 7#b71 by striking interest2 and inserting interest1 including under a prepayment penalty1 yield maintenance clause1 make-whole clause1 or similar contractual provision22 7iii7 by redesignating paragraphs 7#c7 through 7#i7 as paragraphs 7#e7 through 7#aa71 respectively2 7iv7 by inserting after paragraph 7#b7 the following3 7#c7 such claim is for attorneys' fees incurred after the entry of the order for relief under this title1 except to the extent permitted under section #ejc or #ejf of this title2 7#d7 notwithstanding section #ejf7;b71 such claim is for a fee incurred under section #aicj7;b7 of title #bh2 2 7v7 in paragraph 7#aj71 as so redesignated1 by striking or at the end2 and 7vi7 in paragraph 7#aa71 as so redesignated1 by striking may provide1 and all that follows and inserting may provide42 7,b7 by striking subsection 7k72 7,c7 by redesignating subsections 7d71 7e71 7f71 7g71 7h71 7i71 and 7j7 as subsections 7e71 7f71 7g71 7h71 7i71 7j71 and 7k71 respectively2 7,d7 by inserting after subsection 7c7 the following3 7d7 ,the court shall1 after notice and a hearing1 disallow any claim if-- 7#a7 the creditor1 an affiliate of the creditor1 an agent of the creditor1 a direct or indirect transferor of the claim to the creditor1 or an affiliate of such transferor engaged in inequitable conduct 7which shall include a violation of ,federal or ,state law7 that harmed the debtor1 whether or not the inequitable conduct was connected with the claim or an obligation that gave rise to the claim2 or 7#b7 the creditor1 an affiliate of the creditor1 an agent of the creditor1 a direct or indirect transferor of the claim to the creditor1 or an affiliate of such transferor violated a ,federal consumer financial law1 as defined in section #ajjb of the ,consumer ,financial ,protection ,act of #bjaj 7#ab ,u4,s4,c4 #edha71 in connection with the claim or an obligation that gave rise to the claim4 2 7,e7 in subsection 7e71 as so redesignated1 by striking or #gbd7;a7 of this title and inserting #gbd7;a7 or #ajda of this title2 7,f7 in subsection 7f71 as so redesignated1 in paragraph 7#b71 by striking or disallowed under subsection 7d7 and inserting or disallowed under subsection 7d7 or 7e72 7,g7 in subsection 7g71 as so redesignated1 by striking or disallowed under subsection 7d7 or 7e7 and inserting or disallowed under subsection 7d71 7e71 or 7f72 7,h7 in subsection 7h71 as so redesignated-- 7i7 in paragraph 7#a7-- 7,i7 by striking chapter #i1 #aa1 #ab1 or #ac and inserting chapter #i1 #aj1 #aa1 or #ab2 and 7,,ii7 by striking or disallowed under subsection 7d7 or 7e7 and inserting or disallowed under subsection 7d71 7e71 or 7f72 and 7ii7 in paragraph 7#b71 by striking or disallowed under subsection 7d7 or 7e7 and inserting or disallowed under subsection 7d71 7e71 or 7f72 7,i7 in subsection 7i71 as so redesignated1 by striking or disallowed under subsection 7d7 or 7e7 and inserting or disallowed under subsection 7d71 7e71 or 7f72 7,j7 in subsection 7j71 as so redesignated1 by striking or disallowed under subsection 7d7 or 7e7 and inserting or disallowed under subsection 7d71 7e71 or 7f72 7,k7 by adding at the end the following3 7l7 7#a7 7,a7 ,if a claim that is disallowed under subsection 7b7 of this section was filed in bad faith1 the court shall grant judgment against the creditor and in favor of the estate for-- 7i7 costs and reasonable attorneys' fees2 and 7ii7 punitive damages1 as are necessary to deter future bad faith claim filing by the creditor4 7,b7 ,a claim filed in bad faith includes a claim that is filed without an actual1 reasonable1 good faith belief that the debt on which it is based is within the applicable statutory limitations period4 7,c7 ,not more than #ej percent of the total amount of any punitive damages awarded to the estate under subparagraph 7,a7 shall be reserved for the trustee1 debtor1 or both and shall be exempt from the property of the estate1 notwithstanding section #ebb4 7#b7 ,if a claim is disallowed under subsection 7d71 the court shall grant judgment against the creditor and in favor of the estate for costs and reasonable attorneys' fees4 7#c7 ,the estate may offset the liability of a creditor under this subsection against any distribution to be made on the claim of the creditor4 4 7#b7 ,conforming amendments 7,a7 ,section #aja of title #aa1 ,united ,states ,code1 is amended in paragraph 7#ab77;,b71 as redesignated by this section1 by striking #ejb7;f71 #ejb7;g71 #ejb7;h7 or #ejb7;i7 and inserting subsection 7g71 7h71 7i71 or 7j7 of section #ejb4 7,b7 ,section #eja7;d7 of title #aa1 ,united ,states ,code1 is amended by striking in section #ejb7;e77#b71 #ejb7;f71 #ejb7;g71 #ejb7;h7 or #ejb7;i7 and inserting in subsection 7f77#b71 7g71 7h71 7i71 or 7j7 of section #ejb4 7,c7 ,section #ejc7;b7 of title #aa1 ,united ,states ,code1 is amended-- 7i7 in the matter preceding paragraph 7#a71 by striking section #ejb7;f7 and inserting section #ejb7;g72 and 7ii7 in paragraph 7#g71 by striking section #ejb7;b77#f7 and inserting section #ejb7;b77#h74 7,d7 ,section #ejf7;d77#a7 of title #aa1 ,united ,states ,code1 is amended by striking section #ejb7;b77#e7 or #ejb7;e7 and inserting subsection 7b77#g7 or 7f7 of section #ejb4 7,e7 ,section #ejg7;a77#c7 of title #aa1 ,united ,states ,code1 is amended by striking section #ejb7;f7 and inserting section #ejb7;g74 7,f7 ,section #eji7;b77#a77;,b7 of title #aa1 ,united ,states ,code1 is amended by striking section #ejb7;e7 and inserting section #ejb7;f74 7,g7 ,section #edd7;b77#a7 of title #aa1 ,united ,states ,code1 is amended by striking section #ejb7;e7 and inserting section #ejb7;f74 7,h7 ,section #ibi of title #aa1 ,united ,states ,code1 is amended by striking section #ejb7;b77#f7 and inserting section #ejb7;b77#h74 7,i7 ,section #aaad7;j7 of title #aa1 ,united ,states ,code1 is amended by striking section #ejb7;b77#g7 and inserting section #ejb7;b77#i74 7,j7 ,section #aada7;d77#a77;,a7 of title #aa1 ,united ,states ,code1 is amended by striking section #ejb7;g71 #ejb7;h71 or #ejb7;i7 and inserting subsection 7h71 7i71 or 7j7 of section #ejb4 7,k7 ,section #abcb7;d77#d7 of title #aa1 ,united ,states ,code1 is amended by striking or disallowed under subsection 7d7 or 7e7 of section #ejb and inserting or disallowed under subsection 7d71 7e71 or 7f7 of section #ejb4 7,l7 ,section #caa of ,,promesa 7#dh ,u4,s4,c4 #baga7 is amended by striking #ejb7;b77#f7 and inserting #ejb7;b77#h74 7bb7 ,determination of secured status ,section #ejf of title #aa1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by striking paragraph 7#b7 and inserting the following3 7#b7 ,in a case under chapter #aj of this title1 any interest of a creditor in property of the debtor or the estate shall be determined by its realizable value as of the date of the filing of the petition4 2 7#b7 in subsection 7b71 by striking interest on such claim1 and all that follows and inserting interest on such claim and any reasonable fees1 costs1 or charges provided for under the agreement or applicable nonbankruptcy law under which such claim arose1 with post-petition interest credited to the allowed secured claim before other fees1 costs1 or charges42 and 7#c7 in subsection 7d71 in the matter preceding paragraph 7#a7 by striking allowed secured claim1 and inserting allowed secured claim pursuant to subsection 7a714 7cc7 ,priorities 7#a7 ,in general ,section #ejg7;a7 of title #aa1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#a7-- 7i7 by striking subparagraph 7,b72 7ii7 by redesignating subparagraph 7,c7 as subparagraph 7,b72 and 7iii7 in subparagraph 7,b71 as so redesignated-- 7,i7 by striking #gja1 #gjb1 #gjc1 #aajd1 #abjb1 or #acjb and inserting #ajja1 #aajd1 or #abjb2 and 7,,ii7 by striking subparagraphs 7,a7 and 7,b7 and inserting subparagraph 7,a72 and 7,b7 in paragraph 7#g71 by inserting including the purchase of a store gift card1 after purchase of services14 7#b7 ,conforming amendments 7,a7 ,section #gbd7;b77#b7 of title #aa1 ,united ,states ,code1 is amended by striking section #ejg7;a77#a77;,c7 and inserting section #ejg7;a77#a77;,b74 7,b7 ,section #abbb7;a77#d7 of title #aa1 ,united ,states ,code1 is amended-- 7i7 in paragraph 7#c71 by adding and at the end2 7ii7 by striking paragraph 7#d72 and 7iii7 by redesignating paragraph 7#e7 as paragraph 7#d74 7dd7 ,rate of interest on tax claims ,section #eaa of title #aa1 ,united ,states ,code1 is amended by adding at the end the following3 7c7 ,this section shall not apply in a case under chapter #aj of this title4 4 7ee7 ,debtor's duties ,section #eba1 of title #aa1 ,united ,states ,code1 is amended by striking subsections 7a7 through 7j7 and inserting the following3 7a7 ,the debtor shall-- 7#a7 file-- 7,a7 a list of creditors2 and 7,b7 unless the court orders otherwise-- 7i7 a schedule of assets and liabilities2 7ii7 a schedule of current income and current expenditures2 7iii7 a statement of the debtor's financial affairs2 7iv7 a statement disclosing any reasonably anticipated increase in income or expenditures over the #ab-month period following the date of the filing of the petition2 and 7v7 if the debtor's annual income creates or increases the minimum payment obligation as described in clause 7ii7 or 7iii7 of section #aja7ed77;,b7 of this title-- 7,i7 a statement of the debtor's annual income2 and 7,,ii7 the calculations that determine the amount by which the debtor's annual income creates or increases the minimum payment obligation2 7#b7 if a trustee is serving in the case1 cooperate with the trustee as necessary to enable the trustee to perform the trustee's duties under this title2 7#c7 appear at the hearing required under section #ebd7;d7 of this title2 and 7#d7 unless a trustee is serving in the case1 continue to perform the obligations required of the administrator 7as defined in section #c of the ,employee ,retirement ,income ,security ,act of #aigd7 of an employee benefit plan if at the time of the commencement of the case the debtor 7or any entity designated by the debtor7 served as such administrator4 7b7 ,in a case under chapter #aj of this title3 7#a7 ,not later than #g days before the date first set for the first meeting of creditors1 the debtor shall provide to the trustee documentation that establishes the debtor's income in one or more of the following forms3 7,a7 ,one or more payment advices1 issued within #fj days before the date of the filing of the petition1 showing the debtor's year-to-date income4 7,b7 ,a copy of the ,federal income tax return required under applicable law 7or at the election of the debtor1 a transcript of such return7 for the most recent tax year ending immediately before the commencement of the case and for which a ,federal income tax return was filed4 7,c7 ,a ,w-#b form issued by each employer for the tax year preceding the year the petition is filed4 7,d7 ,other evidence of payment received within #fj days before the date of the filing of the petition that establishes the debtor's income4 7#b7 ,if the debtor's annual income creates or increases the minimum payment obligation as described in clause 7ii7 or 7iii7 of section #aja7ed77;,b7 of this title1 the debtor shall1 to the extent not already provided under paragraph 7#a71 provide to the trustee as documentation of income-- 7,a7 a copy of the ,federal income tax return required under applicable law 7or at the election of the debtor1 a transcript of such return7 for the most recent tax year ending immediately before the commencement of the case and for which a ,federal income tax return was required and filed2 and 7,b7 copies of all payment advices or other evidence of payment received within #fj days before the date of the filing of the petition1 by the debtor from any employer of the debtor4 7#c7 ,notwithstanding paragraphs 7#a7 and 7#b71 the debtor shall provide additional documentation of income if requested by the trustee or the ,united ,states trustee upon reasonable grounds to believe the debtor's actual income is greater than disclosed and would create or increase the minimum payment obligation as described in clause 7ii7 or 7iii7 of section #aja7ed77;,b7 of this title4 7c7 ,if the schedule of current income required by subsection 7a77#a77;,b77ii7 discloses income that is not more than #hj percent of the amount of annual income that would trigger the documentation obligations in subsection 7b77#b7 and in the absence of actual knowledge of facts to the contrary1 an attorney for the debtor or a bankruptcy petition preparer for the debtor under section #aaj of this title may rely on the schedule of current income to determine that-- 7#a7 the documentation requirements of subsection 7b77#b7 do not apply2 and 7#b7 the debtor is not required to file the statement of annual income required by subsection 7a77#a77;,b77v74 7d7 ,in a case under chapter #g or #aa3 7#a7 ,the debtor shall provide-- 7,a7 not later than #g days before the date first set for the first meeting of creditors1 to the trustee a copy of the ,federal income tax return required under applicable law 7or at the election of the debtor1 a transcript of such return7 for the most recent tax year ending immediately before the commencement of the case and for which a ,federal income tax return was filed2 and 7,b7 at the same time the debtor complies with subparagraph 7,a71 a copy of such return 7or if elected under subparagraph 7,a71 such transcript7 to any creditor that timely requests such copy4 7#b7 ,if the debtor fails to comply with subparagraph 7,a7 or 7,b7 of paragraph 7#a71 the court shall dismiss the case unless the debtor demonstrates that the failure to so comply is due to circumstances beyond the debtors's control4 7#c7 ,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 trustee1 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 debtor's control4 7e7 ,failure by the debtor to disclose a cause of action in a schedule required to be filed under this section shall not alone be grounds to dismiss a lawsuit brought to enforce the cause of action4 7f7 ,if requested by the ,united ,states trustee or by the trustee1 the debtor shall provide-- 7#a7 a document that establishes the identity of the debtor1 including a driver's license1 passport1 or other document that contains a photograph of the debtor2 or 7#b7 such other personal identifying information relating to the debtor that establishes the identity of the debtor4 7g7 ,at the request of the court1 the trustee1 or the ,united ,states trustee1 a debtor under chapter #aj or #aa who is an individual shall file with the court-- 7#a7 at the same time filed with the taxing authority1 a copy of each ,federal income tax return required under applicable law 7or at the election of the debtor1 a transcript of such tax return7 with respect to each tax year of the debtor ending while the case is pending under such chapter2 7#b7 at the same time filed with the taxing authority1 each ,federal income tax return required under applicable law 7or at the election of the debtor1 a transcript of such tax return7 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 #c-year period ending on the date of the commencement of the case2 and 7#c7 a copy of each amendment to any ,federal income tax return or transcript filed with the court under paragraph 7#a7 or 7#b74 7h7 7#a7 ,notwithstanding any other provision of this title1 if the debtor fails to file a tax return that becomes due after the commencement of the case or to properly obtain an extension of the due date for filing such return1 the taxing authority may request that the court enter an order converting or dismissing the case4 7#b7 ,if the debtor does not file the required return or obtain the extension referred to in paragraph 7#a7 within #ij days after a request is filed by the taxing authority under that paragraph1 the court shall convert or dismiss the case1 whichever is in the best interests of creditors and the estate4 4 7ff7 ,exemptions 7#a7 ,in general ,section #ebb of title #aa1 ,united ,states ,code1 is amended by striking subsections 7a7 through 7q7 and inserting the following3 7a7 ,in this section-- 7#a7 the term conforming loan limit means that applicable limitation for the debtor's county of residence governing the maximum original principal obligation for a mortgage secured by a single-family residence1 as determined and adjusted annually under section #cjb7;b77#b7 of the ,federal ,national ,mortgage ,association ,charter ,act 7#ab ,u4,s4,c4 #agag7;b77#b77 and section #cje7;a77#b7 of the ,federal ,home ,loan ,mortgage ,corporation ,act 7#ab ,u4,s4,c4 #aded7;a77#b772 7#b7 the term dependent includes spouse1 whether or not actually dependent2 and 7#c7 the term value means value-- 7,a7 as of the date of the filing of the petition2 or 7,b7 with respect to property that becomes property of the estate after such date1 as of the date such property becomes property of the estate4 7b7 7#a7 ,notwithstanding section #eda of this title1 an individual debtor may elect to exempt from property of the estate either the property listed in paragraph 7#b7 or1 in the alternative1 the property listed in paragraph 7#c74 7#b7 7,a7 ,the property listed in this paragraph is the following3 7i7 ,the debtor's interest in the debtor's principal residence1 not to exceed-- 7,i7 #ge percent of the conforming loan limit1 if the debtor is age #fe or older on the date of the petition not to exceed2 and 7,,ii7 #ej percent of the conforming loan limit in any other case4 7ii7 ,the debtor's aggregate interest1 unlimited in amount except as provided in subparagraph 7,b71 in the following3 7,i7 ,professionally prescribed health aids for the debtor or a dependent of the debtor4 7,,ii7 ,the debtor's right to receive1 or property that is traceable to-- 7aa7 a social security benefit1 railroad retirement benefit1 government pension or retirement benefit1 unemployment compensation1 or a local public assistance benefit2 7bb7 a veterans' benefit2 7cc7 a disability1 illness1 or unemployment benefit2 7dd7 alimony1 support1 or separate maintenance2 7ee7 a payment under a stock bonus1 pension1 profit sharing1 annuity1 or similar plan or contract on account of illness1 disability1 death1 age1 or length of service1 unless-- 7,,aa7 such plan or contract was established by or under the auspices of an insider that employed the debtor at the time the debtor's rights under such plan or contract arose2 7,,bb7 such payment is on account of age or length of service2 and 7,,cc7 such plan or contract does not qualify under section #dja7;a71 #djc7;a71 #djc7;b71 or #djh of the ,internal ,revenue ,code of #aihf2 7ff7 an award under a crime victim's reparation law2 7gg7 a payment on account of the wrongful death of an individual of whom the debtor was a dependent1 except to the extent that such payment is for punitive damages2 7hh7 a payment under a life insurance contract that insured the life of an individual of whom the debtor was a dependent on the date of such individual's death2 7ii7 a payment on account of personal bodily injury1 pain and suffering1 or compensation for actual pecuniary loss1 of the debtor or an individual of whom the debtor is a dependent1 except to the extent that such payment is for punitive damages2 7jj7 a payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent2 7kk7 retirement funds1 including a direct transfer of retirement funds from a fund or account that is exempt from taxation under section #dja1 #djc1 #djh1 #djh;,a1 #dad1 #deg1 or #eja7;a7 of the ,internal ,revenue ,code of #aihf1 under section #dja7;a77#ca7 of the ,internal ,revenue ,code of #aihf1 or otherwise1 or a distribution that qualifies as an eligible rollover distribution within the meaning of section #djb7;c7 of the ,internal ,revenue ,code of #aihf or has been distributed from a fund or account that is exempt from taxation under section #dja1 #djc1 #djh1 #djh;,a1 #dad1 #deg1 or #eja7;a7 of the ,internal ,revenue ,code of #aihf and to the extent allowed by law is deposited in such a fund or account not later than #fj days after the distribution of such amount1 to the extent that those funds are or were in a fund or account that is exempt from taxation under section #dja1 #djc1 #djh1 #djh;,a1 #dad1 #deg1 or #eja7;a7 of the ,internal ,revenue ,code of #aihf2 or 7ll7 a tax credit for earned income under section #cb of the ,internal ,revenue ,code of #aihf4 7iii7 ,the debtor's interest in any other property up to #cj1jjj in aggregate value4 7,b7 7i7 ,the court on its own motion1 or upon motion by the trustee or ,united ,states trustee1 may limit the amount property exempt under item 7dd71 7ee71 7hh71 7jj71 or 7kk7 of subparagraph 7,a77ii77,,ii7 after notice and hearing if it determines that such property is manifestly unnecessary for the support of the debtor or the debtor's dependents4 7ii7 ,there shall be a rebuttable presumption that aggregate value of property described in any such item in excess of #a1ejj1jjj is manifestly unnecessary for the support of the debtor or the debtor's dependents4 7,c7 7i7 ,if the debtor has a dependent1 the debtor may double the exemption amounts under subparagraph 7,a77iii7 unless the dependent is filing a concurrent petition or has filed a petition within the previous #f years4 7ii7 ,the debtor may increase the amounts exempt under subparagraph 7,a77iii7 in accordance with the number of additional dependents not claimed under clause 7i7 of this subparagraph by-- 7,i7 #be percent for the first additional dependent2 7,,ii7 an additional #aj percent for the second additional dependent2 7,,iii7 an additional #e percent for the third additional dependent2 and 7,,iv7 an additional #a percent for each additional dependent beyond the third4 7iii7 ,if a debtor has been claimed as dependent under this subparagraph on a previous debtor's petition within the past #f years1 the court may reduce the amount of such debtor's exemptions under this subparagraph as the equities of the case require4 ,there shall be a rebuttable presumption that an intervening change in family circumstances1 such as separation or divorce1 shall not require such a reduction4 7iv7 ,if a debtor has a dependent that has been claimed on another debtor's petition under this subparagraph within the past #f years1 the court may reduce the amount of the debtor's exemptions under this subparagraph as the equities of the case require4 ,there shall be a rebuttable presumption that an intervening change in family circumstances1 such as separation or divorce1 shall not require such a reduction4 7v7 ,when claiming property as exempt from the estate under this subparagraph1 the debtor shall indicate on an official form prescribed by the ,judicial ,conference of the ,united ,states in accordance with the ,federal ,rules of ,bankruptcy ,procedure whether any of the debtor's dependents have filed for bankruptcy within the previous #f years or whether this information is unknown4 7#c7 7,a7 ,the property listed in this paragraph is the following3 7i7 ,subject to subparagraphs 7,b7 through 7,e71 any property that is exempt under ,federal law1 other than paragraph 7#b7 of this subsection1 or ,state or local law that is applicable on the date of the filing of the petition to the place in which the debtor's domicile has been located for the #gcj days immediately preceding the date of the filing of the petition or if the debtor's domicile has not been located in a single ,state for such #gcj-;day period1 the place in which the debtor's domicile was located for #ahj days immediately preceding the #gcj-;day period or for a longer portion of such #ahj-;day period than in any other place4 7ii7 ,any interest in property in which the debtor had1 immediately before the commencement of the case1 an interest as a tenant by the entirety or joint tenant to the extent that such interest as a tenant by the entirety or joint tenant is exempt from process under applicable nonbankruptcy law4 7iii7 ,retirement funds to the extent that those funds are in a fund or account that is exempt from taxation under section #dja1 #djc1 #djh1 #djh;,a1 #dad1 #deg1 or #eja7;a7 of the ,internal ,revenue ,code of #aihf4 7,b7 7i7 ,notwithstanding any contrary provision of nonbankruptcy law1 the exempt amount under this paragraph of any homestead acquired by the debtor within the #a-year period immediately preceding the date of the filing of the petition shall be limited to the exempt amount of value of the debtor's previous principal residence4 7ii7 ,if the value of the debtor's interest in property claimed as a principal residence under this paragraph exceeds #a1jjj1jjj1 clause 7i7 applies to a principal residence acquired within the #c-year period immediately preceding the date of filing of the petition4 7,c7 ,the value of an interest in the debtor's principal residence shall be reduced to the extent that such value is attributable to any portion of any property that the debtor disposed of in the #aj-year period ending on the date of the filing of the petition with the intent to hinder1 delay1 or defraud a creditor and that the debtor could not exempt1 or that portion that the debtor could not exempt under this subsection if on such date the debtor had held the property so disposed of4 7,d7 7i7 ,except as provided in clause 7ii7 of this subparagraph and sections #edd and #edh1 as a result of electing to exempt property under ,state or local law under subparagraph 7,a77i71 a debtor may not exempt any amount of interest that was acquired by the debtor during the #d-year period preceding the date of the filing of the petition that exceeds in the aggregate #agj1jjj in value in the debtor's principal residence4 7ii7 7,i7 ,the limitation under clause 7i7 shall not apply to an exemption claimed under subparagraph 7,a77i7 by a family farmer for the principal residence of such farmer4 7,,ii7 ,for purposes of clause 7i71 any amount of such interest does not include any interest transferred from a debtor's previous principal residence 7which was acquired prior to the beginning of such #d-year period7 into the debtor's current principal residence1 if the debtor's previous and current residences are located in the same ,state4 7,e7 7i7 ,a debtor electing to exempt property under this paragraph may not exempt any amount of an interest in the debtor's principal residence that exceeds in the aggregate #agj1jjj if-- 7,i7 the court determines1 after notice and a hearing1 that the debtor has been convicted of a felony 7as defined in section #caef of title #ah71 which under the circumstances demonstrates that the filing of the case was an abuse of the provisions of this title2 or 7,,ii7 the debtor owes a debt arising from-- 7aa7 any violation of the ,federal securities laws 7as defined in section #c7;a77#dg7 of the ,securities ,exchange ,act of #aicd71 any ,state securities laws1 or any regulation or order issued under ,federal securities laws or ,state securities laws2 7bb7 fraud1 deceit1 or manipulation in a fiduciary capacity or in connection with the purchase or sale of any security registered under section #ab or #ae7;d7 of the ,securities ,exchange ,act of #aicd or under section #f of the ,securities ,act of #aicc2 7cc7 any civil remedy under section #aifd of title #ah2 7dd7 for debts arising from a violation of section #aigi of the ,revised ,statutes 7#db ,u4,s4,c4 #aihc72 or 7ee7 any criminal act1 intentional tort1 or willful or reckless misconduct that caused serious physical injury or death to another individual in the preceding #e years4 7ii7 ,clause 7i7 shall not apply to the extent the amount of an interest in the debtor's principal residence is reasonably necessary for the support of the debtor or any dependent of the debtor4 7#d7 7,a7 ,for the purposes of item 7kk7 of paragraph 7#b77;,a77ii77,,ii7 and clause 7iii7 of paragraph 7#c77;,a71 if the trustee1 ,united ,states trustee1 or court on its own motion objects to retirement funds' status as exempt1 and if those retirement funds are in a retirement fund or account that has received a favorable determination under section #ghje of the ,internal ,revenue ,code of #aihf and that determination is in effect as of the date of the filing of the petition in a case under this title1 those funds shall be presumed to be exempt from the estate4 7,b7 ,if the retirement funds are in a retirement fund or account that has not received a favorable determination under such section #ghje1 those funds shall be exempt from the estate if the court determines that-- 7i7 no prior determination to the contrary has been made by a court or the ,internal ,revenue ,service2 and 7ii7 7,i7 the retirement fund is in substantial compliance with the applicable requirements of the ,internal ,revenue ,code of #aihf2 or 7,,ii7 the retirement fund fails to be in substantial compliance with the applicable requirements of the ,internal ,revenue ,code of #aihf and the debtor is not materially responsible for that failure4 7#e7 7,a7 ,a direct transfer of retirement funds from #a fund or account that is exempt from taxation under section #dja1 #djc1 #djh1 #djh;,a1 #dad1 #deg1 or #eja7;a7 of the ,internal ,revenue ,code of #aihf1 under section #dja7;a77#ca7 of the ,internal ,revenue ,code of #aihf1 or otherwise1 shall not cease to qualify for exemption under item 7kk7 of paragraph 7#b77;,a77ii77,,ii7 or clause 7iii7 of paragraph 7#c77;,a7 by reason of such direct transfer4 7,b7 7i7 ,any distribution that qualifies as an eligible rollover distribution within the meaning of section #djb7;c7 of the ,internal ,revenue ,code of #aihf or that is described in clause 7ii7 of this subparagraph shall not cease to qualify for exemption under item 7kk7 of paragraph 7#b77;,a77ii77,,ii7 or clause 7iii7 of paragraph 7#c77;,a7 by reason of such distribution4 7ii7 ,a distribution described in this clause is an amount that-- 7,i7 has been distributed from a fund or account that is exempt from taxation under section #dja1 #djc1 #djh1 #djh;,a1 #dad1 #deg1 or #eja7;a7 of the ,internal ,revenue ,code of #aihf2 and 7,,ii7 to the extent allowed by law1 is deposited in such a fund or account not later than #fj days after the distribution of such amount4 7#f7 7,a7 ,in joint cases filed under section #cjb of this title and individual cases filed under section #cja or #cjc of this title by or against #b debtors who are married to each other1 and whose estates are ordered to be jointly administered under the ,federal ,rules of ,bankruptcy ,procedure1 the debtors shall be deemed to elect exempt property under paragraph 7#b7 unless they both affirmatively elect to exempt property under paragraph 7#c74 7,b7 ,in a joint case1 the residence exemptions in subparagraphs 7#b77;,a77i7 and 7#c77;,a77i7 shall be allocated one-half each to each debtor4 7,c7 ,the nonresidence exemptions in paragraphs 7#b77;,a77iii7 and 7#c77;,a77iii7 shall apply separately with respect to each debtor in a joint case4 7c7 ,unless the case is dismissed1 property exempted under this section is not liable during or after the case for any debt of the debtor that arose1 or that is determined under section #ejb of this title as if such debt had arisen1 before the commencement of the case1 except-- 7#a7 a debt of a kind specified in paragraph 7#e7 of section #ebc7;a7 7in which case1 notwithstanding any provision of applicable nonbankruptcy law to the contrary1 such property shall be liable for a debt of a kind specified in such paragraph72 or 7#b7 a debt secured by a lien that is-- 7,a7 not avoided under subsection 7e7 or 7g7 of this section or under section #edd1 #ede1 #edg1 #edh1 or #edi of this title2 and 7,b7 not void under section #ejf7;d7 of this title4 7d7 7#a7 ,a waiver of an exemption executed in favor of a creditor that holds an unsecured claim against the debtor is unenforceable in a case under this title with respect to such claim against property that the debtor may exempt under subsection 7b74 7#b7 ,a waiver by the debtor of a power under subsection 7e7 or 7g7 to avoid a transfer1 under subsection 7f7 or 7h7 to exempt property1 or under subsection 7h7 to recover property or to preserve a transfer1 is unenforceable in a case under this title4 7e7 7#a7 ,notwithstanding any waiver of exemptions1 the debtor may avoid the fixing of a lien on an interest of the debtor in property to the extent that such lien impairs an exemption to which the debtor would have been entitled under subsection 7b71 if such lien is-- 7,a7 a judicial lien1 other than a judicial lien that secures a debt of a kind that is specified in section #ebc7;a77#e72 or 7,b7 a nonpossessory1 non-purchase-money security interest in any personal1 family1 or household goods or in any implements1 professional books1 or tools1 of the trade of the debtor or the trade of a dependent of the debtor4 7#b7 7,a7 ,for the purposes of this subsection1 a lien shall be considered to impair an exemption to the extent that the sum of-- 7i7 the lien2 7ii7 all other liens on the property2 and 7iii7 the amount of the exemption that the debtor could claim if there were no liens on the property1 exceeds the value that the debtor's interest in the property would have in the absence of any liens4 7,b7 ,in the case of a property subject to more than #a lien1 a lien that has been avoided shall not be considered in making the calculation under subparagraph 7,a7 with respect to other liens4 7,c7 ,this paragraph shall not apply with respect to a judgment arising out of a mortgage foreclosure4 7f7 ,notwithstanding sections #eej and #eea of this title1 the debtor may exempt under subsection 7b7 of this section property that the trustee recovers under section #eaj7;c77#b71 #edb1 #edc1 #eej1 #eea1 or #eec of this title1 to the extent that the debtor could have exempted such property under subsection 7b7 of this section if such property had not been transferred1 if-- 7#a7 7,a7 such transfer was not a voluntary transfer of such property by the debtor2 and 7,b7 the debtor did not conceal such property2 or 7#b7 the debtor could have avoided such transfer under subsection 7e77#a7 of this section4 7g7 ,the debtor may avoid a transfer of property of the debtor or recover a setoff to the extent that the debtor could have exempted such property under subsection 7f77#a7 if the trustee had avoided such transfer1 if-- 7#a7 such transfer is avoidable by the trustee under section #edd1 #ede1 #edg1 #edh1 #edi1 or #ajda of this title or recoverable by the trustee under section #eec of this title2 and 7#b7 the trustee does not attempt to avoid such transfer4 7h7 7#a7 ,if the debtor avoids a transfer or recovers a setoff under subsection 7e7 or 7g71 the debtor may recover in the manner prescribed by1 and subject to the limitations of1 section #eej of this title1 the same as if the trustee had avoided such transfer1 and may exempt any property so recovered under subsection 7b74 7#b7 ,notwithstanding section #eea of this title1 a transfer avoided under section #edd1 #ede1 #edg1 #edh1 #edi1 or #ajda of this title1 under subsection 7e7 or 7g7 of this section1 or property recovered under section #eec of this title1 may be preserved for the benefit of the debtor to the extent that the debtor may exempt such property under subsection 7f7 of this section or paragraph 7#a7 of this subsection4 7i7 ,notwithstanding subsections 7f7 and 7h71 the debtor may exempt a particular kind of property under subsections 7f7 and 7h7 only to the extent that the debtor has exempted less property in value of such kind than that to which the debtor is entitled under subsection 7b74 7j7 ,property that the debtor exempts under this section is not liable for payment of any administrative expense except-- 7#a7 the aliquot share of the costs and expenses of avoiding a transfer of property that the debtor exempts under subsection 7f71 or of recovery of such property1 that is attributable to the value of the portion of such property exempted in relation to the value of the property recovered2 and 7#b7 any costs and expenses of avoiding a transfer under subsection 7e7 or 7g71 or of recovery of property under subsection 7h77#a71 that the debtor has not paid4 7k7 7#a7 7,a7 ,the debtor shall file a list of property that the debtor claims as exempt under subsection 7b74 7,b7 ,if the debtor does not file such a list1 a dependent of the debtor may file such a list1 or may claim property as exempt from property of the estate on behalf of the debtor4 7#b7 ,unless a party in interest objects1 the property claimed as exempt on such list is exempt4 4 7#b7 ,conforming amendment 7,a7 ,section #cdi7;b77#a77;,b7 of title #aa1 ,united ,states ,code1 is amended by striking #ebb7;i77#a71 and inserting #ebb7;h77i714 7,b7 ,subsection 7e7 of section #ejb of title #aa1 ,united ,states ,code1 as so redesignated by subsection 7aa7 of this section1 is amended-- 7i7 by striking section #ebb7;f71 #ebb7;h71 and inserting section #ebb7;e71 #ebb7;g712 and 7ii7 by striking section #ebb7;i7 and inserting section #ebb7;h74 7gg7 ,exceptions ,to discharge ,section #ebc of title #aa1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a7-- 7i7 by striking #gbg12 and 7ii7 by striking #acbh7;b7and inserting #ajca7;a72 7,b7 in paragraph 7#a77;,b71 in the matter preceding clause 7i71 by inserting subject to subsection 7f71 before with respect2 7,c7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by adding or at the end2 7ii7 in subparagraph 7,b71 by striking or at the end2 and 7iii7 by striking subparagraph 7,c72 7,d7 in paragraph 7#c7-- 7i7 in subparagraph 7,a71 by striking 7#d71 or 7#f7 and inserting 7#d71 7#f71 or 7#g72 and 7ii7 in subparagraph 7,b71 by striking 7#d71 or 7#f7 and inserting 7#d71 7#f71 or 7#g72 7,e7 by striking paragraph 7#g7 and inserting the following3 7#g7 to the extent such debt is for a fine1 penalty1 or restitution-- 7,a7 that is incurred in a criminal proceeding and specifically designated as a fine1 penalty1 or restitution in the sentencing order upon the debtor's conviction2 7,b7 that is not-- 7i7 for the cost of prosecuting the debtor1 including the cost of public defense1 incarceration1 probation1 or any diversion program2 7ii7 for the cost of operating the criminal justice system or funding government functions2 7iii7 for the cost of collecting such debt2 or 7iv7 a fee1 surcharge1 assessment1 or interest or collection charge imposed in connection with such debt2 and 7,c7 only if the creditor demonstrates that the debtor has substantial financial resources that permit the debtor to pay all or a significant portion of the fine1 penalty1 or restitution for-- 7i7 a fine1 penalty1 or restitution with respect to which the petition is filed on or after the date that is #c years after the later of-- 7,i7 the date of the sentencing order2 or 7,,ii7 the date on which the debtor was released from incarceration pursuant to the sentencing order2 or 7ii7 a debt that is a tax penalty-- 7,i7 relating to a tax of a kind not specified in paragraph 7#a7 of this subsection2 or 7,,ii7 imposed with respect to a transaction or event that occurred before #c years before the date of the filing of the petition2 2 7,f7 by striking paragraph 7#h72 7,g7 by redesignating paragraph 7#i7 as paragraph 7#h72 7,h7 by inserting after paragraph 7#h71 as so redesignated1 the following3 7#i7 that was or could have been listed or scheduled by the debtor in a prior case concerning the debtor under this title in which the debtor waived a discharge1 or was denied a discharge under section #gbg7;a7 7#b71 7#c71 7#d71 7#e71 7#f71 or 7#g71 as in effect on the day before the date of enactment of the ,consumer ,bankruptcy ,reform ,act of #bjbj1 or under section #ajca1 unless such debt was the subject of a written waiver of discharge and the court has made the determination required by section #ajca7;b77#c77;,b72 2 7,i7 by striking paragraphs 7#ad7 and 7#ad;,a72 7,j7 by redesignating paragraph 7#ad;,b7 as paragraph 7#ad72 7,k7 in paragraph 7#af71 by inserting and the debtor or the trustee possesses1 occupies1 or uses the property after such lot2 7,l7 by striking paragraph 7#ag72 7,m7 by redesignating paragraph 7#ah7 as paragraph 7#ag72 and 7,n7 by striking paragraph 7#ai7 and inserting the following3 7#ah7 for debts arising from a violation of section #aigi of the ,revised ,statutes 7#db ,u4,s4,c4 #aihc74 2 7#b7 in subsection 7b71 by striking 7a77#a71 7a77#c71 or 7a77#h7 and inserting 7a77#a7 or 7a77#c72 7#c7 in subsection 7c71 by adding at the end the following3 7#c7 ,notwithstanding subsection 7a7 of this section1 the debtor shall be discharged from a debt of the kind specified in subsection 7a77#g7 of this section if the sentencing order fails to separately list any fees1 costs1 assessments1 or surcharges in addition to any fine1 penalty1 or restitution1 and such fees1 costs1 assessments1 or surcharges are authorized to be assessed under nonbankruptcy law for the particular crime committed by the debtor1 unless-- 7,a7 the sentencing order expressly states that no fees1 costs1 assessments1 or surcharges are assessed against the debtor in addition to any fine1 penalty1 or restitution2 or 7,b7 on request of the creditor to whom such debt is owed1 and after notice and a hearing1 the court determines such debt shall not be discharged under subsection 7a77#g7 of this section4 2 and 7#d7 by adding at the end the following3 7f7 ,for purposes of subparagraph 7,b7 of subsection 7a77#a71 a return-- 7#a7 must satisfy the requirements of applicable nonbankruptcy law2 7#b7 must have been filed in a manner permitted by applicable nonbankruptcy law regardless of whether it was filed before or after any applicable deadline2 7#c7 includes a return prepared pursuant to section #fjbj7;a7 of the ,internal ,revenue ,code of #aihf1 or similar ,state or local law1 or a written stipulation to a judgment entered by a nonbankruptcy tribunal2 and 7#d7 does not include a return made pursuant to section #fjbj7;b7 of the ,internal ,revenue ,code of #aihf1 or similar ,state or local law4 4 7hh7 ,effect of discharge ,section #ebd of title #aa1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking #gbg1 #idd1 #aada1 #aaib1 #abbh1 or #acbh and inserting section #gbg or #acbh1 as in effect on the day before the date of enactment of the ,consumer ,bankruptcy ,reform ,act of #bjbj1 or section #idd1 #ajca1 #aada1 #aaib1 or #abbh2 and 7,b7 in paragraph 7#c71 by striking #aaib1 #aabh7;a77#a71 or #acbh7;a77#a7 and inserting #ajca1 #aaib1 or #abbh7;a71 or section #acbh7;a77#a71 as in effect on the day before the date of enactment of the ,consumer ,bankruptcy ,reform ,act of #bjbj2 7#b7 in subsection 7b77#b77;,b71 by striking #gbg and inserting #ajca2 7#c7 by striking subsection 7c7 and inserting the following3 7c7 7#a7 ,a debtor that receives a discharge under section #ajca1 or section #gbg or #acbh1 as in effect on the day before the date of enactment of the ,consumer ,bankruptcy ,reform ,act of #bjbj1 the trustee1 the ,united ,states trustee1 or the bankruptcy administrator may bring a civil action against a person that knows or should know that the discharge injunction is applicable and has intentionally or negligently commenced or continued any action described in subsection 7a74 7#b7 ,an action under paragraph 7#a7 shall be commenced not later than #a year after the date on which the discharged debtor1 the trustee1 or the ,united ,states trustee discovers that a person has commenced or continued any action described in subsection 7a74 7#c7 ,in an action under paragraph 7#a71 the court may award relief consistent with this title if the court finds that a person has-- 7,a7 engaged in conduct in violation of this section or of any provision of this title2 or 7,b7 engaged in fraudulent1 unfair1 deceptive1 or abusive conduct with respect to the debtor or the case4 7#d7 ,subject to paragraph 7#f71 in a successful action under paragraph 7#a7-- 7,a7 the court-- 7i7 shall award to a discharged debtor injured by a violation of subsection 7a7-- 7,i7 actual damages1 including damages for emotional distress2 and 7,,ii7 reasonable costs and attorneys' fees2 and 7ii7 if the trustee or the ,united ,states trustee is a prevailing party in the action1 shall award to the trustee or the ,united ,states trustee-- 7,i7 reasonable costs and attorney fees2 and 7,,ii7 a fee equal to #c times the amount sought to be collected by the person found to be in violation of subsection 7a72 and 7,b7 the court may award punitive damages1 as appropriate4 7#e7 7,a7 ,if the court awards punitive damages under paragraph 7#d7 in an action brought or joined by the trustee1 the court may award between #aj percent and #be percent of the punitive damages to the trustee who brought or joined the action4 7,b7 ,any punitive damages under this subsection shall be in addition to the compensation set out in section #cbf4 7#f7 ,if the commencement or continuation of any action described in subsection 7a7 was taken by a person in the good faith belief that subsection 7a7 did not apply to the debt1 and the action was withdrawn upon discovery that subsection 7a7 applied to the debt1 the recovery shall be limited to actual damages1 including damages for emotional distress1 and reasonable costs and attorneys' fees4 7#g7 ,nothing in this subsection shall be construed to prejudice the ability to bring a motion for contempt of court for a violation of subsection 7a74 7#h7 ,an agreement between a holder of a claim and the debtor1 the consideration for which1 in whole or in part1 is based on a debt that is dischargeable in a case under this title is voidable by the debtor4 7#i7 ,any pre-dispute arbitration agreement or pre-dispute joint-action waiver regarding an action under paragraph 7#a7 is voidable by the debtor4 2 7#d7 in subsection 7d7-- 7,a7 in the matter preceding paragraph 7#a71 by striking #gbg1 #aada1 #aaib1 #abbh1 or #acbh and inserting #ajca1 #aada1 #aaib1 or #abbh2 and 7,b7 beginning in the matter preceding paragraph 7#a71 by striking ,if a discharge has been granted and all that follows through the end of paragraph 7#b72 7#e7 in subsection 7f71 by striking 7c7 or2 and 7#f7 by striking subsections 7k71 7l71 and 7m7 and inserting the following3 7k7 7#a7 ,nothing in this section prejudices the ability to bring a motion for contempt of court for a violation of subsection 7a7 or any cause of action under applicable nonbankruptcy law4 7#b7 ,any pre-dispute arbitration agreement or pre-dispute joint-action waiver purporting to apply to such an action is void4 7l7 ,upon an entity's request1 and after notice and a hearing1 the court shall issue an order declaring whether an action proposed to be taken by the entity would be a violation of the discharge injunction under subsection 7a74 7m7 ,the debtor's failure to assert1 raise1 or plead the discharge shall not be construed to be a waiver against asserting the discharge4 4 7ii7 ,protection against discriminatory treatment ,section #ebe of title #aa1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by striking solely2 7#b7 in subsection 7b71 in the matter preceding paragraph 7#a7-- 7,a7 by inserting deny employment to1 following may2 and 7,b7 by striking solely2 and 7#c7 by adding at the end the following3 7d7 7#a7 ,a person aggrieved by a violation of this section may enforce this section in the bankruptcy case or by bringing a civil action in an appropriate district court of the ,united ,states4 7#b7 ,to remedy a violation of this section1 a court may-- 7,a7 award damages including back pay2 7,b7 grant injunctive or other equitable relief2 and 7,c7 award of costs1 including attorneys' fees1 to an aggrieved party who prevails4 4 7jj7 ,restrictions on debt relief agencies 7#a7 ,in general ,section #ebf of title #aa1 ,united ,states ,code1 is repealed4 7#b7 ,conforming amendment ,the table of sections for chapter #e of title #aa1 ,united ,states ,code1 is amended by striking the item relating to section #ebf4 7kk7 ,disclosures 7#a7 ,in general ,section #ebg of title #aa1 ,united ,states ,code1 is repealed4 7#b7 ,conforming amendment ,the table of sections for chapter #e of title #aa1 ,united ,states ,code1 is amended by striking the item relating to section #ebg4 7ll7 ,requirements for debt relief agencies 7#a7 ,in general ,section #ebh of title #aa1 ,united ,states ,code1 is repealed4 7#b7 ,conforming amendment ,the table of sections for chapter #e of title #aa1 ,united ,states ,code1 is amended by striking the item relating to section #ebh4 7mm7 ,property of the estate ,section #eda of title #aa1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b77#g7-- 7,a7 by striking except that such amount under this subparagraph shall not constitute disposable income as defined in section #acbe7;b77#b72 or each place it appears2 7,b7 in subparagraph 7,a77i77,,iii71 by adding or at the end2 and 7,c7 in subparagraph 7,b77i77,,iii71 by adding or at the end2 7#b7 in subsection 7c77#b71 by striking the period at the end and inserting 1 except to the extent necessary to satisfy claims entitled to priority under section #ejg7;a77#a742 and 7#c7 by adding at the end the following3 7g7 ,notwithstanding any contrary provision of nonbankruptcy law1 a pre-dispute arbitration agreement or pre-dispute joint-action waiver entered into by the debtor shall not be enforceable against the bankruptcy estate or the debtor for matters arising in1 arising under1 or related to a case under this title4 4 7nn7 ,turnover of property to estate 7#a7 ,in general ,section #edb of title #aa1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7a7-- 7i7 by striking subsection 7c7 or 7d7 and inserting subsection 7d71 7e71 or 7f72 and 7ii7 by striking shall deliver to the trustee and inserting shall1 without any condition or further action by the trustee1 the debtor1 or the court1 deliver promptly to the trustee2 7,b7 in subsection 7b71 by striking subsection 7c7 or 7d7 and inserting subsection 7d71 7e71 or 7f72 7,c7 by redesignating subsections 7c71 7d71 and 7e7 as subsections 7e71 7f71 and 7g71 respectively2 and 7,d7 by adding before subsection 7e71 as so redesignated1 the following3 7c7 ,an entity in possession of property that the trustee may use1 sell1 or lease under section #cfc of this title1 or that the debtor may exempt under section #ebb of this title1 shall have1 upon delivery of such property to the trustee1 the same rights in the property as if the entity remained in possession4 7d7 ,an entity that holds property that the trustee may use1 sell1 or lease under section #cfc of this title1 or that the debtor may exempt under section #ebb of this title1 and that is subject to a potential loss of value due to accident1 casualty1 or theft shall not be required to deliver such property to the trustee unless the party entitled to possession provides proof of insurance or other security sufficient to protect the creditor against such loss of value4 4 7#b7 ,conforming amendment ,section #edi7;a77#b77;,a7 of title #aa1 ,united ,states ,code1 is amended by striking #edb7;c7 and inserting #edb7;e74 7oo7 ,limitations on avoiding powers ,section #edf7;a77#a77;,b7 of title #aa1 ,united ,states ,code1 is amended by striking #aajd1 #aafc1 #abjb1 or #acjb and inserting #ajja1 #aajd1 #aafc1 or #abjb4 7pp7 ,fraudulent transfers and obligations ,section #edh of title #aa1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a71 in the matter preceding subparagraph 7,a71 by striking #b years and inserting #d years2 7#b7 in subsection 7b77#a71 by striking #b years and inserting #d years2 7#c7 in subsection 7e7-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by striking ,in addition and inserting ,subject to paragraphs 7#c7 and 7#d71 in addition2 7ii7 in subparagraph 7,b71 by adding and at the end2 7iii7 in subparagraph 7,c71 by striking 2 and and inserting a period2 and 7iv7 by striking subparagraph 7,d72 and 7,b7 by adding at the end the following3 7#c7 ,the trustee may not avoid under paragraph 7#a7 a transfer of property that is exempt from the estate pursuant to paragraph 7#b77;,a77ii77,,ii77kk7 or 7#c77;,a77iii7 of section #ebb7;b74 7#d7 7,a7 ,the trustee may not avoid under paragraph 7#a7 a transfer that was not made with actual intent to hinder1 delay1 or defraud4 7,b7 ,the defendant in any action under this subsection has the burden of proof in pleading and proving that the transfer was not made with actual intent to hinder1 delay1 or defraud creditors4 4 7qq7 ,liability of transferee of avoided transfer ,section #eej of title #aa1 ,united ,states ,code1 is amended by adding at the end the following3 7g7 ,the trustee may recover from a transferee the costs of bringing a successful avoidance action1 including reasonable attorney fees1 for the avoidance of a transfer under section #edd7;b7 under-- 7#a7 an applicable nonbankruptcy law that prohibits a transfer made with actual intent to hinder1 delay1 or defraud a creditor2 7#b7 section #edh7;a77#a72 or 7#c7 section #edh7;e74 4 7rr7 ,expedited determination of interests in1 and abandonment or other disposition of grain assets ,section #eeg7;d77#c7 of title #aa1 ,united ,states ,code1 is amended by striking #aajd1 #aahc1 #abjb1 and #acjb and inserting #ajja1 #aajd1 #aahc1 and #abjb4 7ss7 ,duties of trustee ,section #gjd of title #aa1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking 7a72 7,b7 by striking paragraphs 7#c7 and 7#aj72 and 7,c7 by redesignating paragraphs 7#d71 7#e71 7#f71 7#g71 7#h71 7#i71 7#aa71 and 7#ab7 as paragraphs 7#c71 7#d71 7#e71 7#f71 7#g71 7#h71 7#i71 and 7#aj71 respectively2 7#b7 by striking subsection 7b72 and 7#c7 by striking subsection 7c74 7tt7 ,conversion ,section #gjf of title #aa1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking #aa1 #ab1 or #ac and inserting #aa or #ab2 and 7,b7 by striking #aaab1 #abjh1 or #acjg and inserting #aaab or #abjh2 and 7#b7 in subsection 7c71 by striking #ab or #ac and inserting #ab4 7uu7 ,dismissal of a case or conversion to a case under chapter #aa or #ac 7#a7 ,in general ,section #gjg of title #aa1 ,united ,states ,code1 is amended-- 7,a7 in the section heading1 by striking or conversion to a case under chapter #aa or #ac2 7,b7 in subsection 7a71 by striking 7a7 ,the and inserting ,the2 7,c7 by striking subsection 7b72 and 7,d7 by striking subsection 7c74 7#b7 ,conforming amendment ,the table of sections for chapter #g of title #aa1 ,united ,states ,code1 is amended by striking the item relating to section #gjg and inserting the following3 #gjg4 ,dismissal of a case4 4 7vv7 ,redemption 7#a7 ,in general ,section #gbb of title #aa1 ,united ,states ,code1 is repealed4 7#b7 ,conforming amendment ,the table of sections for chapter #g of title #aa1 ,united ,states ,code1 is amended by striking the item relating to section #gbb4 7ww7 ,distribution of property of the estate ,section #gbf7;b7 of title #aa1 ,united ,states ,code1 is amended by striking #aaab1 #abjh1 or #acjg and inserting #ajje1 #ajec7;c71 #aaab1 or #abjh4 7xx7 ,discharge 7#a7 ,in general ,section #gbg of title #aa1 ,united ,states ,code1 is repealed4 7#b7 ,conforming amendment ,the table of sections for chapter #g of title #aa1 ,united ,states ,code1 is amended by striking the item relating to section #gbg4 7yy7 ,duties of trustee and examiner ,section #aajf of title #aa1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking paragraphs 7#b71 7#e71 7#g71 7#h71 7#i71 7#aj71 7#aa71 and 7#ab7 of section #gjd7;a7 and inserting paragraphs 7#b71 7#d71 7#f71 7#g71 7#h71 7#i71 and 7#aj7 of section #gjd2 and 7,b7 in paragraph 7#e71 by striking #ab1 or #ac and inserting #g1 #aj1 or #ab2 and 7#b7 in subsection 7c77#a77;,c71 by striking clause 7iv7 and inserting the following3 7iv7 the name of each creditor that holds a claim that is not discharged under paragraph 7#b7 or 7#d7 of section #ebc7;a7 of this title4 4 7zz7 ,conversion or dismissal ,section #aaab of title #aa1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b71 by striking or2 7,b7 in paragraph 7#c71 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following3 7#d7 the debtor is an individual4 2 7#b7 in subsection 7b77#a71 by inserting in a case in which the debtor is not an individual1 after subsection 7c712 7#c7 in subsection 7d71 by striking #ab or #ac and insert #aj or #ab2 7#d7 by redesignating subsection 7f7 as subsection 7g72 and 7#e7 by inserting after subsection 7e71 the following3 7f7 ,the debtor may convert a case under this chapter to a case under chapter #aj of this title at any time4 ,any waiver of the right to convert under this subsection is unenforceable4 4 7aaa7 ,property of the estate ,section #aaae7;a7 of title #aa1 ,united ,states ,code1 is amended by striking #g1 #ab1 or #ac each place it appears and inserting #aj or #ab4 7bbb7 ,contents of plan ,section #aabc7;a77#h7 of title #aa1 ,united ,states ,code1 is amended by striking for the execution of the plan4 and inserting for the debtor to meet the minimum payment obligation of the debtor44 7ccc7 ,confirmation of plan ,section #aabi7;a77#ae77;,b7 of title #aa1 ,united ,states ,code1 is amended by striking the projected disposable income and all that follows through whichever is longer and inserting the minimum payment obligation of the debtor under a repayment plan under section #ajba7;a77#a7 if the case were a case under chapter #aj4 7ddd7 ,effect of confirmation ,section #aada7;d7 of title #aa1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#c77;,c7-- 7,a7 by striking section #gbg7;a7 and inserting section #ajca2 and 7,b7 by striking chapter #g and inserting chapter #aj2 and 7#b7 in paragraph 7#e7-- 7,a7 in subparagraph 7,a71 by adding and at the end2 7,b7 in subparagraph 7,b71 by striking 2 and at the end and inserting a period2 and 7,c7 by striking subparagraph 7,c74 7eee7 ,trustee ,section #aahc7;b7 of title #aa1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking paragraphs 7#b71 7#e71 7#f71 7#g71 and 7#i7 of section #gjd7;a7 and inserting paragraphs 7#b71 7#d71 7#e71 7#f71 and 7#h7 of section #gjd2 7#b7 in paragraph 7#e71 by striking #gjd7;a77#h7 and inserting #gjd7g72 and 7#c7 in paragraph 7#f71 by striking #gjd7;c7 and inserting #ajja7;b77#e74 7fff7 ,property of the estate ,section #aahf7;a7 of title #aa1 ,united ,states ,code1 is amended by striking #g1 #ab1 or #ac each place it appears and inserting #g1 #aj1 or #ab4 7ggg7 ,trustee ,section #abjb of title #aa1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking sections #gjd7;a77#b71 #gjd7;a77#c71 #gjd7;a77#e71 #gjd7;a77#f71 #gjd7;a77#g71 and #gjd7;a77#i7 and inserting paragraphs 7#b71 7#c71 7#d71 7#e71 7#f71 and 7#h7 of section #gjd2 and 7,b7 in paragraph 7#e71 by striking #gjd7;a77#h7 and inserting #gjd7g72 and 7#b7 in subsection 7c77#a77;,c71 by striking clause 7iv7 and inserting the following3 7iv7 the name of each creditor that holds a claim that is not discharged under paragraph 7#b7 or 7#d7 of section #ebc7;a7 of this title4 4 7hhh7 ,conversion or dismissal ,section #abjh of title #aa1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7 by striking #g of and inserting #g or #aj of2 and 7#b7 in subsection 7b7 by striking or #aaab and inserting 1 #ajje1 #ajec7;c71 or #aaab4 7iii7 ,discharge ,section #abbh of title #aa1 ,united ,states ,code1 is amended by striking subsection 7f74 #aje4 ,data collection ,section #aei of title #bh1 ,united ,states ,code1 is amended by striking subsections 7a71 7b71 and 7c7 and inserting the following3 7a7 7#a7 ,when a case is filed under chapter #aj of title #aa1 each debtor in the case may file with the court the following information about the debtor3 7,a7 ,marital status4 7,b7 ,age4 7,c7 ,sex4 7,d7 ,race4 7,e7 ,ethnicity4 7#b7 ,the ,attorney ,general1 in consultation with the ,consumer ,bankruptcy ,ombuds of the ,bureau of ,consumer ,financial ,protection and the ,director of the ,administrative ,office of the ,united ,states ,courts 7referred to in this section as the ,director71 shall prescribe a standard form for the collection of the information described in paragraph 7#a74 7#c7 ,any information collected1 stored1 received1 or published under paragraph 7#a7 shall-- 7,a7 be so collected1 stored1 received1 or published in a manner that protects the privacy of individuals whose information is included in such data2 7,b7 be de-identified or anonymized in a manner that protects the identity of all individuals whose information is included in such data2 and 7,c7 be limited in use for the purpose of identifying and addressing disparities in the bankruptcy system and be protected from all other internal use by any entity that collects1 stores1 or receives the information and from any other inappropriate uses4 7#d7 ,any information collected under paragraph 7#a7-- 7,a7 shall not be part of the public record of the bankruptcy case2 and 7,b7 shall be maintained in a nonpublic record by the court to fulfill its duties under subsection 7b74 7b7 ,the clerk of the district court1 or the clerk of the bankruptcy court if one is certified pursuant to section #aef7;b71 shall collect information regarding individual debtors seeking relief under chapter #aj of title #aa4 ,the information shall be in a standardized format prescribed by the ,director so that the ,director can fulfill the duties in subsection 7c74 7c7 7#a7 ,in this subsection1 the term qualified researcher means a person who has undertaken to protect the confidentiality and privacy of the information in the database in a protocol that has been reviewed and approved by an institutional review board that is established-- 7,a7 to protect the rights and welfare of human subjects participating in scientific research2 and 7,b7 in accordance with the requirements established under part #df of title #de1 ,code of ,federal ,regulations1 or any successor thereto4 7#b7 ,the ,director shall-- 7,a7 compile statistical tables from the information referred to in subsections 7a7 and 7b7 and make the tables available to the public2 7,b7 not later than ,july #a1 #bjbb1 and annually thereafter1 prepare1 and submit to ,congress a report concerning the information collected under subsections 7a7 and 7b7 that contains an analysis of the information2 and 7,c7 not later than ,december #ca of the year following the calendar year in which the information is collected1 make available to-- 7i7 qualified researchers an electronic database containing the information collected under subsections 7a7 and 7b7 or used to create the compilation required by this subsection2 and 7ii7 the public an electronic database containing the information collected under subsection 7b7 or used to create the compilation required by this subsection4 7d7 ,the compilation required under subsection 7c7 shall-- 7#a7 be presented in the aggregate and for each judicial district and division2 and 7#b7 include information concerning-- 7,a7 the total assets and total liabilities of the debtors and in each category of assets and liabilities1 as reported in the schedules prescribed pursuant to section #bjge and filed by debtors2 7,b7 the current monthly income of debtors as reported on the schedules and statements that each debtor files under section #eba of title #aa2 7,c7 the total compensation the debtors promised to pay to an attorney1 the amount of the compensation paid to an attorney before filing1 and the total number of cases in which a wage garnishment order or electronic funds transfer order was entered to pay an attorney2 7,d7 the total number of dependents of the debtors and the total number of dependents of the debtors under the age of #ah2 7,e7 whether the debtors had an ownership interest in real estate that served as the debtors' principal residence2 7,f7 whether the debtors had an ownership interest in real estate other than that served as the debtors' principal residence2 7,g7 the minimum payment obligation of the debtors as determined under section #aja7ed7 of title #aa2 7,h7 whether the debtors filed a repayment plan1 a residence plan1 or a property plan2 and 7,i7 the average period of time between the date of the filing of the petition and the closing of the case for cases closed during the reporting period4 7e7 ,the ,director may add other information to the compilations and databases required by this section that improve the understanding of the causes of bankruptcy and the functioning of the bankruptcy system4 4 #ajf4 ,electronic signatures 7a7 ,electronic signature defined ,in this section1 the term electronic signature has the meaning given the term in section #ajf of the ,electronic ,signatures in ,global and ,national ,commerce ,act 7#ae ,u4,s4,c4 #gjjf74 7b7 ,electronic signatures allowed ,a signature required for a filing in a case under title #aa1 ,united ,states ,code1 may not be denied legal effect1 validity1 or enforceability solely because it is an electronic signature4 7c7 ,original electronic signatures allowed ,in a case under title #aa1 ,united ,states ,code1 an original signature may be an electronic signature4 #ajg4 ,judicial education ,the ,director of the ,federal ,judicial ,center1 in consultation with the ,director of the ,executive ,office for ,united ,states ,trustees1 shall develop materials and conduct training that may be useful to courts in implementing this ,act and the amendments made by this ,act4 #ajh4 ,conforming amendments to other laws 7a7 ,bankruptcy abuse and consumer protection act of #bjje 7#a7 ,audit procedures ,section #fjc of the ,bankruptcy ,abuse ,prevention and ,consumer ,protection ,act of #bjje 7#bh ,u4,s4,c4 #ehf note7 is amended by striking subsection 7a74 7#b7 ,judicial education ,section #abbf of the ,bankruptcy ,abuse ,prevention and ,consumer ,protection ,act of #bjje 7#aa ,u4,s4,c4 #aja note7 is repealed4 7#c7 ,tax documents ,section #abbh7;b7 of the ,bankruptcy ,abuse ,prevention and ,consumer ,protection ,act of #bjje 7#aa ,u4,s4,c4 #eba note7 is repealed4 7b7 ,consolidated farm and rural development act ,section #cgc7;b77#b77;,a77ii7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #bjjh;h7b77#b77;,a77ii77 is amended by striking #aa1 #ab1 or #ac and inserting #aj1 #aa1 or #ab4 7c7 ,consumer credit protection act ,section #cjc7;b77#a77;,b7 of the ,consumer ,credit ,protection ,act 7#ae ,u4,s4,c4 #afgc7;b77#a77;,b77 is amended by striking any order of any court of bankruptcy under chapter ,,xiii of the ,bankruptcy ,act and inserting any order of any court of the ,united ,states having jurisdiction over cases under title #aa2 and4 7d7 ,higher education act of #aife ,section #dcg7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg7;b77 is amended-- 7#a7 in paragraph 7#a71 by striking chapter #ab or #ac and inserting chapter #aj or #ab2 and 7#b7 in paragraphs 7#b7 and 7#c71 by striking chapter #g or #aa and inserting chapter #aj1 #aa1 or #ab4 7e7 ,housing and community development amendments of #aigh ,section #bja7l77#b77;,c7 of the ,housing and ,community ,development ,amendments of #aigh 7#ab ,u4,s4,c4 #agaez-#a;a7l77#b77;,c77 is amended by striking #gbg1 #aada1 or #acbh7;b7 and inserting #ajca1 #aada1 or #aaib4 7f7 ,title #bh ,title #bh1 ,united ,states ,code1 is amended-- 7#a7 in section #aeg7;b77#b7-- 7,a7 in subparagraph 7,b71 by striking chapter #aa1 #ab1 or #ac and inserting chapter #aj1 #aa1 or #ab2 7,b7 in subparagraph 7,o71 by striking and2 7,c7 in subparagraph 7,p71 by striking the period at the end and inserting 2 and2 and 7,d7 by adding at the end the following3 7,q7 proceedings to enforce rights under sections #ebd or #ebe of title #aa4 2 7#b7 in section #ehi;b-- 7,a7 in subsection 7a77#a71 by striking chapters #g1 #ab1 and #ac and inserting chapters #g1 #aj1 and #ab2 and 7,b7 in subsection 7d7-- 7i7 in the matter preceding paragraph 7#a71 by striking chapters #g1 #ab1 and #ac and inserting chapters #g1 #aj1 and #ab2 7ii7 in paragraph 7#e71 by striking 1 including for use under section #gjg7;b71 actual costs of administering cases under chapter #ac or chapter #aa2 and 7iii7 in the matter following paragraph 7#h71 by striking chapters #ab and #ac and inserting chapters #aj and #ab2 and 7#c7 in section #cjad7;a77#a71 by striking section #ebb7;d7 and inserting section #ebb7;b74 7g7 ,title #ch ,section #cgcb7;a77#b77;,b7 of title #ch1 ,united ,states ,code1 is amended by striking #acbb7;b7 and inserting #ajbb7;b74 ,,ii ,consumer financial protection amendments #bja4 ,amendments to the ,consumer ,financial ,protection ,act of #bjaj 7a7 ,consumer bankruptcy ombuds ,the ,consumer ,financial ,protection ,act of #bjaj 7#ab ,u4,s4,c4 #edha et seq47 is amended by inserting after section #ajce 7#ab ,u4,s4,c4 #eece7 the following3 #ajce;,a4 ,consumer bankruptcy ombuds 7a7 ,establishment ,the ,director1 in consultation with the ,attorney ,general1 shall designate a ,consumer ,bankruptcy ,ombuds 7in this section referred to as the ,ombuds7 within the ,bureau1 to provide timely assistance to individual debtors in bankruptcy4 7b7 ,public information ,the ,director and the ,attorney ,general and the bankruptcy clerks appointed under section #aef7;b7 of title #aa1 ,united ,states ,code1 shall disseminate information about the availability and functions of the ,ombuds to individual debtors in bankruptcy and consumer bankruptcy attorneys and consumer credit counseling agencies4 7c7 ,functions of ombuds ,the ,ombuds designated under this subsection shall-- 7#a7 in accordance with regulations of the ,director1 receive1 review1 and attempt to resolve informally complaints from individual debtors in bankruptcy1 including1 as appropriate1 attempts to resolve such complaints in collaboration with creditors1 the ,united ,states ,trustee ,program of the ,department of ,justice1 trustees in bankruptcy1 the bankruptcy clerks appointed under section #aef7;b7 of title #aa1 ,united ,states ,code1 and consumer privacy ombudsmen and future claims representatives appointed in bankruptcy2 7#b7 not later than #ij days after the date of enactment of this section1 establish a memorandum of understanding with the ,executive ,office of the ,united ,states ,trustee ,program1 to ensure coordination in providing assistance to and serving individual debtors in bankruptcy seeking to resolve complaints related to their bankruptcy cases2 7#c7 compile and analyze data on consumer bankruptcy filings1 including on the causes of individual bankruptcy filings1 the relationship between consumer bankruptcy filings and consumer financial products and services1 and any disparities in the bankruptcy system1 including any disparities based on the demographic categories described in section #aei7;a77#a7 of title #bh1 ,united ,states ,code2 7#d7 compile and analyze data on complaints from individual debtors in bankruptcy2 7#e7 make recommendations to the ,director and the ,attorney ,general regarding the filing of amicus curiae briefs and making appearances in individual bankruptcy cases1 particularly in the cases involving repeat patterns of creditor behavior2 7#f7 consult with the ,director of the ,administrative ,office of the ,united ,states ,courts regarding the duties of that officer under section #aei of title #bh1 ,united ,states ,code1 regarding data collection and reporting2 and 7#g7 make other appropriate recommendations to the ,director1 the ,attorney ,general1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs and the ,committee on the ,judiciary of the ,senate and the ,committee on ,financial ,services and the ,committee on ,judiciary of the ,house of ,representatives4 7d7 ,annual reports 7#a7 ,in general ,the ,ombuds shall prepare an annual report that describes the activities1 and evaluates the effectiveness of the ,ombuds during the preceding year4 7#b7 ,submission ,the report required by paragraph 7#a7 shall be submitted on the same date annually to the ,attorney ,general1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs and the ,committee on the ,judiciary of the ,senate and the ,committee on ,financial ,services and the ,committee on the ,judiciary of the ,house of ,representatives4 4 7b7 ,supervision of higher cost lenders ,section #ajbd7;a77#a77;,e7 of the ,consumer ,financial ,protection ,act of #bjaj 7#ab ,u4,s4,c4 #eead7;a77#a77;,e77 is amended by striking a payday loan and inserting a loan with an annual percentage rate of greater than #cf percent1 as determined under section #ihg7;i77#d7 of title #aj1 ,united ,states ,code4 7c7 ,violations of discharge injunction ,section #ajcf7;a7 of the ,consumer ,financial ,protection ,act of #bjaj 7#ab ,u4,s4,c4 #eecf7;a771 is amended-- 7#a7 in paragraph 7#b77;,c71 by striking or at the end2 7#b7 in paragraph 7#c71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7#d7 to violate section #ebd7;a7 of title #aa1 ,united ,states ,code1 in a case involving an individual debtor4 4 7d7 ,authority ,to exercise supervision and enforcement authority regarding bankruptcy law 7#a7 ,definitions ,section #ajjb7ab7 of the ,consumer ,financial ,protection ,act of #bjaj 7#ab ,u4,s4,c4 #edha7ab77 is amended-- 7,a7 in subparagraph 7,q71 by striking and and the end2 7,b7 in subparagraph 7,r71 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following3 7,s7 title #aa1 ,united ,states ,code1 with respect to individual debtors4 4 7#b7 ,exception from rulemaking ,section #ajbb of the ,consumer ,financial ,protection ,act of #bjaj 7#ab ,u4,s4,c4 #eeab7 is amended by inserting 1 except title #aa1 ,united ,states ,code1 after ,federal consumer financial laws each place the term appears4 7e7 ,average prime offer rate for motor vehicle financings 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and not less frequently than monthly thereafter1 the ,bureau of ,consumer ,financial ,protection shall publish on the website of the ,bureau the following information with respect to motor vehicle financing3 7,a7 ,the current 7as of the date of publication7 average prime offer rate for that type of financing1 including the provision of that financing through retail installment sales contracts4 7,b7 ,the most common duration of that type of financing4 7,c7 ,rate structures for financings for the purchase of new and used light motor vehicles that are used primarily for personal1 family1 or household use4 7#b7 ,data collection ,in carrying out paragraph 7#a71 the ,bureau of ,consumer ,financial ,protection may engage in the collection of information without regard to chapter #ce of title #dd1 ,united ,states ,code4 #bjb4 ,amendments to the ,truth in ,lending ,act ,section #acj of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afdj7 is amended-- 7#a7 in subsection 7a77#b7-- 7,a7 in subparagraph 7,a7-- 7i7 by striking #bjj and inserting #a1fjj2 7ii7 by striking #b1jjj and inserting #af1jjj2 7iii7 by striking #ejj and inserting #d1jjj2 7iv7 by striking #e1jjj and inserting #dj1jjj2 7v7 by striking #djj and inserting #c1bjj2 and 7vi7 by striking #d1jjj and inserting #cb1jjj2 and 7,b7 in subparagraph 7,b71 by striking #a1jjj1jjj or #a and inserting #h1jjj1jjj or #e2 and 7#b7 by adding at the end the following3 7m7 ,adjustments ,on ,april #a1 #bjbb1 and each ,april #a thereafter1 each dollar amount in effect under subsections 7a7 and 7b7 on the day before such ,april #a shall be adjusted-- 7#a7 to reflect the change in the ,consumer ,price ,index for ,all ,urban ,consumers1 published by the ,department of ,labor1 for the most recent period ending immediately before ,january #a preceding such ,april #a2 and 7#b7 to round to the nearest #be the dollar amount that represents the change described in paragraph 7#a74 4 #bjc4 ,amendments to the ,fair ,credit ,reporting ,act ,the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha et seq47 is amended-- 7#a7 in section #fje7;a7 7#ae ,u4,s4,c4 #afha;c7a771 by striking paragraph 7#a7 and inserting the following3 7#a7 ,cases under title #aa1 ,united ,states ,code1 that1 from the date of entry of the order for relief1 antedate the report by more than #g years4 2 and 7#b7 in section #faf 7#ae ,u4,s4,c4 #afhan7-- 7,a7 in subsection 7a77#a7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking #ajj and inserting #gjj2 and 7,,ii7 by striking #a1jjj and inserting #g1jjj2 and 7ii7 in subparagraph 7,b71 by striking #a1jjj and inserting #g1jjj2 7,b7 in subsection 7b71 by striking #a1jjj and inserting #g1jjj2 and 7,c7 by adding at the end the following3 7e7 ,adjustment ,on ,april #a1 #bjbb1 and each ,april #a thereafter1 each dollar amount in effect under subsections 7a7 and 7b7 on the day before such ,april #a shall be adjusted-- 7#a7 to reflect the change in the ,consumer ,price ,index for ,all ,urban ,consumers1 published by the ,department of ,labor1 for the most recent period ending immediately before ,january #a preceding such ,april #a2 and 7#b7 to round to the nearest #be the dollar amount that represents the change described in paragraph 7#a74 4 #bjd4 ,amendments to the ,equal ,credit ,opportunity ,act ,section #gjf of the ,equal ,credit ,opportunity ,act 7#ae ,u4,s4,c4 #afia;e7 is amended-- 7#a7 in subsection 7b7-- 7,a7 by striking #aj1jjj and inserting #fj1jjj2 and 7,b7 by striking #ejj1jjj or #a and inserting #e1jjj1jjj or #e2 7#b7 by adding at the end the following3 7l7 ,adjustment ,on ,april #a1 #bjbb1 and each ,april #a thereafter1 each dollar amount in effect under subsection 7b7 on the day before such ,april #a shall be adjusted-- 7#a7 to reflect the change in the ,consumer ,price ,index for ,all ,urban ,consumers1 published by the ,department of ,labor1 for the most recent period ending immediately before ,january #a preceding such ,april #a2 and 7#b7 to round to the nearest #be the dollar amount that represents the change described in paragraph 7#a74 4 #bje4 ,amendments to the ,fair ,debt ,collection ,practices ,act ,the ,fair ,debt ,collection ,practices ,act 7#ae ,u4,s4,c4 #afib et seq47 is amended-- 7#a7 in section #hjh 7#ae ,u4,s4,c4 #afib;f71 by adding at the end the following3 7#i7 ,filing a lawsuit or a claim in a bankruptcy case that is based on a debt without an actual1 reasonable1 good-faith belief that the applicable statute of limitations for enforcement of that debt has not expired at the time of filing4 7#aj7 ,any act to knowingly collect or attempt to collect a debt that has been discharged in bankruptcy except acceptance of a purely voluntary payment of the debtor without encouragement or coercion by the debt collector4 2 and 7#b7 in section #hac 7#ae ,u4,s4,c4 #afibk7-- 7,a7 in subsection 7a77#b7-- 7i7 in subparagraph 7,a71 by striking #a1jjj and inserting #e1jjj2 and 7ii7 in subparagraph 7,b71 by striking #ejj1jjj or #a and inserting #e1jjj1jjj or #e2 and 7,b7 by adding at the end the following3 7f7 ,on ,april #a1 #bjbb1 and each ,april #a thereafter1 each dollar amount in effect under paragraph 7a77#b7 on the day before such ,april #a shall be adjusted-- 7#a7 to reflect the change in the ,consumer ,price ,index for ,all ,urban ,consumers1 published by the ,department of ,labor1 for the most recent period ending immediately before ,january #a preceding such ,april #a2 and 7#b7 to round to the nearest #be the dollar amount that represents the change described in paragraph 7#a74 4 #bjf4 ,amendments to the ,electronic ,fund ,transfers ,act ,section #iaf of the ,electronic ,fund ,transfers ,act 7#ae ,u4,s4,c4 #aficm7 is amended-- 7#a7 in subsection 7a77#b7-- 7,a7 in subparagraph 7,a7-- 7i7 by striking #ajj and inserting #ejj2 and 7ii7 by striking #a1jjj and inserting #e1jjj2 and 7,b7 in subparagraph 7,b71 by striking #ejj1jjj or #a and inserting #e1jjj1jjj or #e2 and 7#b7 by adding at the end the following3 7h7 ,on ,april #a1 #bjbb1 and each ,april #a thereafter1 each dollar amount in effect under paragraph 7a77#b7 on the day before such ,april #a shall be adjusted-- 7#a7 to reflect the change in the ,consumer ,price ,index for ,all ,urban ,consumers1 published by the ,department of ,labor1 for the most recent period ending immediately before ,january #a preceding such ,april #a1 and 7#b7 to round to the nearest #be the dollar amount that represents the change described in paragraph 7#a74 4 ,,iii ,bankruptcy rules #cja4 ,rules ,enabling ,act amendments 7a7 ,in general ,notwithstanding the third undesignated paragraph of section #bjge of title #bh1 ,united ,states ,code1 the ,supreme ,court of the ,united ,states may prescribe by general rules1 the forms of process1 writs1 pleadings1 and motions1 and the practice and procedure in cases under title #aa1 ,united ,states ,code1 as may be necessary to carry out this ,act before the effective date of this ,act4 7b7 ,technical and conforming amendment ,section #bjge of title #bh1 ,united ,states ,code1 is amended by striking the fourth undesignated paragraph4 7c7 ,plain writing ,in drafting the form required by section #ajca7;d7 of title #aa1 as added by this ,act1 the ,judicial ,conference of the ,united ,states should comply with the requirements of the ,plain ,writing ,act of #bjaj 7#e ,u4,s4,c4 #cja note74 7#a7 8#aeg;,a4 ,fraudulent transfers4 4 #cjb4 ,bankruptcy rules amendments ,rule #gjjd of the ,federal ,rules of ,bankruptcy ,procedure is amended by striking subdivision 7h74 #cjc4 ,sense of ,congress ,it is the sense of ,congress that the ,judicial ,conference of the ,united ,states should-- 7#a7 promulgate a simplified version of the schedule of current income and current expenditures required under section #eba7;a77#a77;,b77ii7 of title #aa1 ,united ,states ,code1 for debtors who1 by virtue of section #eba7;c7 of title #aa1 ,united ,states ,code1 are not subject to the documentation requirements of that section or the statement of annual income required by section #eba7;a77#a77;,b77v7 of title #aa1 ,united ,states ,code2 and 7#b7 draft rules that provide that1 with respect to a case in which the debtor is an individual1 the rights under section #edb of title #aa1 ,united ,states ,code1 may be enforced by motion4 ,,iv ,funding the bankruptcy system #dja4 ,bankruptcy fees ,title #bh1 ,united ,states ,code1 is amended-- 7#a7 in section #ehi;a7b71 by amending paragraph 7#a7 to read as follows3 7#a7 #ch4ej percent of the fees collected under section #aicj7;a77#a72 2 and 7#b7 in section #aicj-- 7,a7 in subsection 7a7-- 7i7 by amending paragraph 7#a7 to read as follows3 7#a7 ,for a case commenced under chapter #aj1 #bej4 2 7ii7 in paragraph 7#f77;,b7-- 7,i7 by striking ,during each of fiscal years #bjah through #bjbb1 if and inserting ,if2 and 7,,ii7 by striking #bjj1jjj1jjj and inserting #bej1jjj1jjj2 and 7iii7 in the undesignated matter following paragraph 7#g71 by striking chapter #g1 or #ac of title #aa and inserting chapter #g or #aj of title #aa2 7,b7 by redesignating subsections 7c71 7d71 7e71 and 7f7 as subsections 7d71 7e71 7f71 and 7g71 respectively2 7,c7 by striking subsection 7b7 and inserting the following3 7b7 ,on ,april #a1 #bjbb1 and each ,april #a thereafter1 the dollar amounts in effect under paragraph 7a77#f77;,a7 on the day before such ,april #a shall be adjusted-- 7#a7 to reflect the change in the ,consumer ,price ,index for ,all ,urban ,consumers1 published by the ,department of ,labor1 for the most recent period ending immediately before ,january #a preceding such ,april #a2 and 7#b7 to round to the nearest #be the dollar amount that represents the change described in paragraph 7#a74 7c7 ,the ,judicial ,conference of the ,united ,states may prescribe additional fees in cases under title #aa1 other than cases under chapter #aj of that title1 of the same kind as the ,judicial ,conference prescribes under section #aiad7;b7 of this title4 2 and 7,d7 in subsection 7g71 as so redesignated-- 7i7 in paragraph 7#a71 by striking 7#a7 ,under and all that follows and inserting the following3 87#a77;,a7 ,under the procedures prescribed by the ,judicial ,conference of the ,united ,states1 the district court or the bankruptcy court may waive all fees payable to the clerk of the court in a case under chapter #aj of title #aa for an individual if the court determines that such individual has income less than #aej percent of the income official poverty line 7as defined by the ,office of ,management and ,budget1 and revised annually in accordance with section #fgc7b7 of the ,omnibus ,budget ,reconciliation ,act of #aiha7 applicable to a family of the size involved and is unable to pay that fee in installments4 7,b7 ,if the court determines that such an individual has income less than #ajj percent of the income official poverty line applicable to a family of the size involved1 such individual shall be conclusively presumed to be unable to pay that fee in instalments4 2 and 7ii7 in paragraph 7#b71 by striking subsections 7b7 and 7c7 and inserting subsections 7c7 and 7d74 #djb4 ,trustee compensation 7a7 ,amendments ,section #ehf of title #bh1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#c7-- 7i7 in the matter preceding subparagraph 7,a71 by striking chapter #g1 #aa 7including subchapter ,v of chapter #aa71 #ab1 #ac1 or #ae and inserting chapter #g1 #aj1 #aa 7including subchapter ,v of chapter #aa71 #ab1 or #ae2 and 7ii7 in subparagraph 7,c7-- 7,i7 by striking chapters #ab and #ac of title #aa and inserting chapters #aj and #ab of title #aa2 and 7,,ii7 by striking sections #abbd1 #abbi1 #acbd1 and #acbi and inserting sections #ajbd1 #ajbe7k71 #abbd1 and #abbi2 7,b7 by striking paragraph 7#f72 and 7,c7 by redesignating paragraphs 7#g7 and 7#h7 as paragraphs 7#f7 and 7#g71 respectively2 7#b7 by amending subsection 7b7 to read as follows3 7b7 ,if the number of cases under chapter #aj or #ab of title #aa or subchapter ,v of chapter #aa of title #aa commenced in a particular region so warrants1 the ,united ,states trustee for such region may1 subject to the approval of the ,attorney ,general1 appoint #a or more individuals to serve as standing trustee1 or designate #a or more assistant ,united ,states trustees to serve in cases under such chapter4 ,the ,united ,states trustee may also establish1 maintain1 and supervise a panel of private trustees that are eligible and available to serve as trustees in cases under chapter #aj of title #aa4 ,the ,united ,states trustee for such region shall supervise the performance of the duties of any such individual appointed under this subsection4 2 7#c7 in subsection 7d77#a71 by striking under subchapter ,v of chapter #aa or chapter #ab or #ac of title #aa each place it appears and inserting chapter #aj or #ab of title #aa or subchapter ,v of chapter #aa of title #aa2 7#d7 in subsection 7e7-- 7,a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking under subchapter ,v of chapter #aa or chapter #ab or #ac of title #aa and inserting chapter #ab of title #aa or subchapter ,v of chapter #aa2 7,b7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a71 by striking under subchapter ,v of chapter #aa or chapter #ab or #ac of title #aa and inserting chapter #ab of title #aa or subchapter ,v of chapter #aa of title #aa2 7ii7 in subparagraph 7,a71 by striking under subchapter ,v of chapter #aa or chapter #ab or #ac of title #aa and inserting chapter #ab of title #aa or subchapter ,v of chapter #aa of title #aa2 and 7iii7 in subparagraph 7,b77ii71 by striking subparagraph 7d77#a77;,b7 and inserting subparagraph 7e77#a77;,b72 7,c7 by redesignating paragraphs 7#c71 7#d71 and 7#e7 as paragraphs 7#e71 7#f71 and 7#g71 respectively2 and 7,d7 by inserting after paragraph 7#b7 the following3 7#c7 ,the ,attorney ,general1 after consultation with a ,united ,states trustee that has appointed an individual under subsection 7b7 of this section to serve as standing trustee in cases under chapter #aj of title #aa1 shall fix-- 7,a7 a maximum annual compensation for such individual consisting of-- 7i7 an amount not to exceed the #a4be times the highest annual rate of basic pay in effect for a position at level ,,iv of the ,executive ,schedule under section #ecae of title #e2 and 7ii7 the cash value of employment benefits comparable to the employment benefits provided by the ,united ,states to individuals who are employed by the ,united ,states at the same rate of basic pay to perform similar services during the same period of time2 and 7,b7 a percentage fee not to exceed #aj percent4 7#d7 ,an individual serving as standing trustee in cases under chapter #aj of title #aa shall collect such percentage fee from all payments received by such individual 7including the value of property tendered to such individual7 under plans in such cases for which such individual serves as standing trustee4 ,such individual shall pay to the ,united ,states trustee1 and the ,united ,states trustee shall deposit in the ,united ,states ,trustee ,system ,fund-- 7,a7 any amount by which the actual compensation of such individual exceeds #e percent upon all payments received under plans in such cases for which such individual serves as standing trustee2 and 7,b7 any amount by which the percentage fee for all such cases exceeds-- 7i7 such individual's actual compensation for such cases1 as adjusted under subparagraph 7,a7 of paragraph 7#c72 plus 7ii7 the actual1 necessary expenses incurred by such individual as standing trustee in such cases4 ,subject to the approval of the ,attorney ,general1 any or all of the interest earned from the deposit of payments under plans by such individual may be utilized to pay actual1 necessary expenses without regard to the percentage limitation contained in paragraph 7#c77;,b7 of this subsection4 2 and 7#e7 by striking subsection 7f74 7b7 ,regulations ,not later than #a year after the date of enactment of this ,act1 the ,attorney ,general shall promulgate regulations to implement a process for substituting a trustee under section #ajja of title #aa1 ,united ,states ,code1 when necessary4 ,v ,bankruptcy lien filing system #eja4 ,bankruptcy lien filing system 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,director of the ,executive ,office for ,united ,states ,trustees shall establish a searchable electronic system for the filing of liens created by1 or under1 title #aa1 ,united ,states ,code1 including-- 7#a7 liens created under section #ajbh7;i77#a7 of that title2 and 7#b7 liens created pursuant to any order issued in a case under that title4 7b7 ,regulations ,the ,attorney ,general shall promulgate any necessary regulations to effectuate the establishment and operation of the filing system required under subsection 7a71 including regulations relating to the effect of the filing of a lien in the system4 ,,vi ,miscellaneous #fja4 ,effective date ,the provisions of this ,act and the amendments made by this ,act shall take effect on the date that is #a year after the date of enactment of this ,act4 #fjb4 ,transition ,a case commenced under title #aa1 ,united ,states ,code1 before the date that is #a year after the date of enactment of this ,act1 and all matters and proceedings in or relating to any such case1 shall be conducted and determined as if this ,act had not been enacted1 and the substantive rights of parties in connection with any such bankruptcy case1 matter1 or proceeding shall continue to be governed by the law applicable to such case1 matter1 or proceeding as if the ,act had not been enacted4 #fjc4 ,severability ,if any provision of this ,act1 an amendment made by this ,act1 or the application of such provision or amendment to any person or circumstance is held to be invalid or unconstitutional1 the remainder of this ,act1 the amendments made by this ,act1 and the application of such provisions to any person or circumstance shall not be affected thereby4