Overview

Title

To amend title 11, United States Code, to add a bankruptcy chapter relating to the debt of individuals, and for other purposes.

ELI5 AI

H.R. 10500 is a new plan to change how people can ask for help when they have too much money trouble, making it easier and fairer for them to keep their homes and cars while stopping bad guys from tricking them with loans.

Summary AI

H. R. 10500 proposes significant changes to the U.S. bankruptcy system by creating a new chapter specifically for individual bankruptcies, simplifying the process for individuals dealing with debt. It aims to eliminate the current Chapter 13, streamline the filing process, and make it easier for debtors to handle secured loans on homes and vehicles. The bill also seeks to increase protections against predatory lending practices and improve data collection on bankruptcy cases to address disparities. These reforms are focused on making bankruptcy more accessible and equitable for people facing financial hardships.

Published

2024-12-18
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-12-18
Package ID: BILLS-118hr10500ih

Bill Statistics

Size

Sections:
52
Words:
45,372
Pages:
194
Sentences:
670

Language

Nouns: 11,603
Verbs: 2,984
Adjectives: 1,505
Adverbs: 302
Numbers: 2,608
Entities: 2,794

Complexity

Average Token Length:
3.68
Average Sentence Length:
67.72
Token Entropy:
5.39
Readability (ARI):
32.98

AnalysisAI

The proposed legislation, titled the "Consumer Bankruptcy Reform Act of 2024," aims to overhaul the bankruptcy system in the United States by introducing a new bankruptcy chapter specifically for individuals, known as Chapter 10. This bill intends to simplify the bankruptcy process for individual debtors, integrate consumer protections, and improve fairness within insolvency proceedings.

General Summary of the Bill

The bill is structured into five main titles. Title I introduces Chapter 10, which focuses on streamlining personal bankruptcy procedures, reducing burdensome paperwork, and making the system more accessible. The goal is to provide debtors with greater flexibility and reduce disparate outcomes, particularly concerning race and socio-economic status. Title II proposes amendments to federal consumer protection laws to enhance financial regulations and oversight. Title III involves amendments to bankruptcy rules, ensuring that procedural changes align with new legislative goals. Title IV discusses funding mechanisms for the bankruptcy system, including trustee compensation. Title V contains miscellaneous provisions, including an effective date and transitional rules for pending cases.

Significant Issues

One of the bill's most notable actions is the repeal of Chapter 13, a well-known bankruptcy arrangement that allows individuals to reorganize their debts. This change could drastically impact those who currently utilize Chapter 13's structured repayment plans and might face uncertainty or unfamiliarity with the new Chapter 10.

Additionally, the bill proposes significant increases in penalties under several financial acts, such as the Truth in Lending Act and the Fair Debt Collection Practices Act. These increases come without a detailed rationale, potentially burdening smaller financial entities or consumers with insufficient financial flexibility.

The document contains numerous complex, technical amendments to the Bankruptcy Code, posing understanding challenges. Terms are redefined or introduced without much context, and the legislative language could be daunting for those unfamiliar with legal jargon.

Public Impact

This bill aims to simplify bankruptcy processes and protect consumers, which could be beneficial for individuals overwhelmed by debt due to unforeseen circumstances like medical expenses or job loss. The increased consumer protections can help prevent creditor abuse and ensure fair treatment for individuals in financial distress.

However, the repeal of Chapter 13 could introduce uncertainty for those currently utilizing it. Individuals who found Chapter 13 beneficial in managing long-term debts might face transitional hurdles adapting to the new policies under Chapter 10.

Stakeholders Considerations

For debtors, the streamlined processes in Chapter 10 might provide easier access to relief while safeguarding certain asset classes. Nevertheless, the changes can also disrupt current expectations and plans, particularly for long-time users of Chapter 13.

Creditors may face new restrictions and increased penalties, potentially affecting their operations, especially smaller financial institutions that must adjust to higher compliance standards and avoid stringent penalties.

Trustees will see changes in compensation and duties, with the potential for increased workload as they navigate new procedures and enhanced responsibilities under Chapter 10.

Legal professionals might experience increased demand for their services due to the complexity of amendments, requiring them to guide clients through unfamiliar and extensive system changes.

Overall, the Consumer Bankruptcy Reform Act of 2024 offers a comprehensive reevaluation of bankruptcy procedures, and while changes promise fairer outcomes and consumer protections, some stakeholders will need to adapt significantly to the new landscape.

Financial Assessment

The proposed legislation, H.R. 10500, introduces extensive changes to the U.S. bankruptcy code, emphasizing adjustments to financial elements within the legal framework.

Financial Implications and Allocations

  1. Repeal of Chapter 13 and Introduction of Chapter 10: The bill repeals Chapter 13 and introduces a new individual bankruptcy chapter, Chapter 10. This shift may lack clarity as it changes an established financial reorganization process used by individuals without adequately detailing the financial impacts on current and future debtors and creditors.

  2. Changes to Fees and Penalties: Amendments to several acts, including the Truth in Lending Act, involve significant increases in fee limits and penalties. For instance, Section 202 proposes raising penalties under the Truth in Lending Act with a focus on consumer protection. Specific figures are updated, such as increasing certain penalties from $1,000 to $5,000. These adjustments, aimed at addressing unfair practices, might disproportionately impact smaller lenders and consumers. The rationale for these particular figures and their economic implications are not thoroughly explained, raising potential concerns about fairness and economic effects.

  3. Trustee Compensation Adjustments: The bill outlines trustee compensation in Section 402, which sets a "maximum annual compensation" tied to government pay scales alongside a "percentage fee not to exceed 10 percent". While this aims to regulate trustee compensation, it can lead to excessive compensation without stringent checks, potentially resulting in resource wastage. This financial aspect connects to overall concerns about unchecked spending without detailed oversight mechanisms.

  4. Bankruptcy Fees: Adjustments to bankruptcy fees are defined under Section 401. For instance, the fee for filing under Chapter 10 changes to $250. Furthermore, the bill authorizes fee waivers for individuals with incomes below 150 percent of the official poverty line, outlining a process to make bankruptcy more accessible to low-income individuals. This reflects broader goals of protecting individuals facing financial hardships but also raises issues around resource allocation and fee setting rationale.

  5. Data Collection and Financial Constraints: Section 105 emphasizes collecting demographic and financial data in bankruptcy cases to address systemic disparities. While the goal is to improve the understanding and equity of the bankruptcy system, it implies significant resources for implementation, oversight, and data protection measures, with potential impacts on privacy and budgetary constraints. The bill does not elaborate on specific budget allocations to address these concerns, linking to broader issues about the bill's undefined resource requirements.

Overall, the bill proposes numerous financial adjustments, intended to enhance consumer protection within the bankruptcy process. However, potential issues arise due to the lack of detailed justifications for new financial thresholds and how these changes will be resourced and managed efficiently. As it stands, the financial implications of the bill require further clarification to fully assess its impact on various stakeholders.

Issues

  • The repeal of Chapter 13 by Section 103 may have significant implications for individuals who currently use Chapter 13 for financial reorganization, as it eliminates an established bankruptcy process without providing a detailed rationale or addressing the potential impacts on debtors and creditors.

  • Section 202 of the bill proposes significant increases in fees and penalties under the Truth in Lending Act, which could disproportionately impact smaller lenders or consumers. The text does not justify the chosen dollar amounts or their potential economic impact.

  • Section 104's language is highly technical and involves extensive amendments to the Bankruptcy Code without sufficient explanation or context, potentially creating confusion. The renumbering of sections and the introduction of new terms without adequate definitions could further lead to ambiguity.

  • Section 402 sets a 'maximum annual compensation' for trustees and allows a 'percentage fee not to exceed 10 percent', which risks excessive or unchecked compensation without strict regulation, potentially leading to wasteful spending.

  • Section 105 involves data collection that may require substantial resources for implementation, including data protection measures that are not sufficiently detailed, raising privacy concerns and issues regarding budget allocations for the initiative.

  • Section 205 makes amendments to the Fair Debt Collection Practices Act, significantly increasing penalty amounts, which might be considered excessive or unduly harsh without a clear rationale for such extensive increases.

  • The technical language and legal references throughout Section 301 (Rules Enabling Act Amendments) may pose barriers to understanding for individuals without legal expertise, potentially leading to challenges in comprehension and application among affected parties.

  • Section 102 involves the creation of a Chapter 10 individual bankruptcy system, which aims to streamline the process but contains complex language that may be difficult for individuals without legal expertise to fully comprehend or utilize effectively.

  • Section 503’s use of legal language regarding severability may be difficult for laypersons to understand, and it doesn't provide examples or clarify which provisions are likely to be contentious, affecting public understanding of potential legal challenges.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

This section of the bill states that the official name for this legislation is the "Consumer Bankruptcy Reform Act of 2024."

2. Table of contents Read Opens in new tab

Summary AI

The document provides a detailed table of contents for a legislative act, dividing it into five main titles focusing on individual bankruptcy procedures, consumer financial protection amendments, bankruptcy rules, funding the bankruptcy system, and miscellaneous provisions. Each title contains specific sections addressing issues like amending existing laws, enhancing judicial education, and setting bankruptcy fees.

101. Findings and purpose Read Opens in new tab

Summary AI

Congress finds that many individuals and families in the United States struggle with financial distress due to factors like job loss and medical bills, and the current bankruptcy system is outdated and complex, making it difficult for people to access relief. The purpose of this Act is to create a fairer, simpler bankruptcy system that helps people manage debt, prevents abuse by creditors, and closes loopholes that benefit the wealthy.

102. Chapter 10 individual bankruptcy Read Opens in new tab

Summary AI

The document outlines the creation of Chapter 10 in Title 11 of the United States Code, focusing on individual bankruptcy. It details the roles and responsibilities of trustees and debtors, rules and procedures for filing, confirming, and modifying bankruptcy plans, and conditions under which a debtor can discharge their debts, emphasizing protections for debtors and guidelines for treating secured claims, leases, and obtaining credit.

Money References

  • “(b) Debtors with no minimum payment obligation.— “(1) IN GENERAL.—A debtor that has a minimum payment obligation of $0 shall receive a discharge under section 1031 without filing a plan if the debtor is otherwise eligible to receive a discharge under this chapter.

1001. Trustee Read Opens in new tab

Summary AI

The section outlines the role and duties of a trustee in bankruptcy cases, including appointing an independent trustee or the United States trustee to serve, assisting debtors with payment plans, and providing notices regarding domestic support obligations. It also sets forth prohibitions for the trustee, such as not acting as an advocate for debtors or creditors, and describes the process for notifying child support agencies when a debtor has a claim for domestic support.

1002. Rights and powers of debtor Read Opens in new tab

Summary AI

The section outlines the rights and powers of a debtor, emphasizing that they have similar rights to a trustee concerning certain legal provisions, such as sections 363 and 364. It also explains that a debtor can cancel certain property transfers if they meet specific legal criteria, especially if a trustee cannot or chooses not to act.

1003. Debtor engaged in business Read Opens in new tab

Summary AI

A debtor is considered to be engaged in business if they are self-employed and required to withhold taxes. Such a debtor can operate their business with similar rights to a trustee, unless directed otherwise by the court, but must perform certain trustee duties and is exempt from specific provisions of section 308.

1004. Possession of property of the estate Read Opens in new tab

Summary AI

The debtor can keep possession of all the property that belongs to the estate unless a confirmed plan or a court order states otherwise.

1005. Conversion or dismissal Read Opens in new tab

Summary AI

The section outlines the rules for converting or dismissing a bankruptcy case. It details how a debtor can request conversion to a different type of bankruptcy and how other parties can request dismissal or conversion for specific reasons, such as unreasonable delays or failure to file necessary documents. It also explains situations where a case might be dismissed for misuse of the bankruptcy system and stipulates that a debtor can request dismissal, though they won't receive a discharge of debts if the case is dismissed.

1006. Treatment of certain contracts and leases Read Opens in new tab

Summary AI

The section specifies that a debtor's contract or lease can't be canceled or changed, and the debtor can't be declared in default, just because of their insolvency, the beginning of a bankruptcy case, appointment of a trustee, or filing of a bankruptcy plan.

1007. Treatment of rental purchase agreements Read Opens in new tab

Summary AI

In this section, a "rental-purchase agreement" is defined as a deal where a person can use personal property while having the option, but not the obligation, to buy it. It explains that the lessor (the one leasing out the property) has no interest in the property under bankruptcy law, outlines the rights of a debtor to retain the property, how liabilities are treated if they choose to keep the property, and prohibits lessor actions after a discharge.

1008. Obtaining credit Read Opens in new tab

Summary AI

In this section, it explains that a debtor in bankruptcy needs court permission to borrow money outside of normal practices, and any unauthorized borrowing is invalid. The court can only approve borrowing if it's beneficial for the debtor, ensures interest rates are within limits, and complies with nonbankruptcy laws, with these rules applying until the bankruptcy case is officially closed.

1009. Stay of action against codebtor Read Opens in new tab

Summary AI

This section explains that after a bankruptcy relief order is entered, creditors can't collect debts from individuals co-liable with the debtor, except in certain business cases or if the case is closed, dismissed, or changed to a different chapter. Creditors can still handle negotiable instruments, and the court can lift these restrictions if the co-liable individual got something for the claim, the debtor's plan doesn't cover the claim, or the creditor's interests might be seriously harmed. Also, the restrictions end 20 days after a request for relief unless objected to in writing.

1010. Interpretive principle Read Opens in new tab

Summary AI

The section explains that when interpreting the rules in this chapter, the laws should be understood in a way that favors giving help to consumers who owe money.

1021. Filing of plans Read Opens in new tab

Summary AI

The section outlines different types of repayment plans that a debtor can file, such as plans for unsecured claims, claims secured by a principal residence, or other properties. It also states that a debtor with no minimum payment obligation can be discharged without filing a plan but may still choose to file one. If a court confirms a repayment plan, no additional plans can be submitted, and there are special rules for involuntary cases and deadlines for filing plans.

Money References

  • (b) Debtors with no minimum payment obligation.— (1) IN GENERAL.—A debtor that has a minimum payment obligation of $0 shall receive a discharge under section 1031 without filing a plan if the debtor is otherwise eligible to receive a discharge under this chapter.

1022. Contents of plans Read Opens in new tab

Summary AI

The section outlines the contents required for different types of financial plans in bankruptcy cases. Repayment plans must specify payment terms, may include tax plans, allow for modifications in debt payment methods, and provide trustees a role in debt management. Residence plans address claims and rights involving the debtor’s principal residence, allow for property sale conditions, and manage defaults on residential claims. Property plans handle property other than the principal residence, addressing secured claims, defaults, and necessary financial arrangements. Finally, the cure of default provides guidelines for resolving payment defaults without additional penalties or late fees.

1023. Plan confirmation hearing Read Opens in new tab

Summary AI

The court must hold a hearing to confirm a plan if there is an objection from the trustee, United States trustee, or a creditor, unless the court extends the timeline for a valid reason. If there are no objections, the court can confirm the plan without a hearing. If a debtor files multiple plans, a single confirmation hearing will be held for all, unless the court decides otherwise or no hearing is necessary.

1024. Confirmation of plans Read Opens in new tab

Summary AI

The section outlines the requirements for a court to approve different types of financial plans proposed by a debtor during bankruptcy proceedings. It explains the conditions under which objections can be made by creditors or trustees and how such objections can be resolved, including specific rules for repayment plans, residence plans related to a debtor's home, and property plans for other secured properties.

1025. Payments under a repayment plan Read Opens in new tab

Summary AI

The section lays out the duties and responsibilities of a trustee in a repayment plan, including collecting debtor income, making payments to creditors, and handling property of the estate. It also addresses the enforcement of debtor obligations, priority of payments, and restrictions on enforcement actions, such as not pursuing delinquent payments until they are overdue for 90 days, and rules about legal fees and costs related to enforcement.

1026. Payments under a residence plan or property plan Read Opens in new tab

Summary AI

Payments under a residence or property plan must align with the plan's terms. If the plan seeks to fix a missed payment on a secured debt, the debtor can certify the full cure to the claim holder after completing the plan's payments. The court will confirm if the debtor has correctly remedied the default and all other related payments.

1027. Protection of lessors and purchase money lenders Read Opens in new tab

Summary AI

In this section, it is explained that a debtor must make payments directly to the lessor for any lease on personal property, unless the court decides otherwise, or if the lease is rejected or assumed under specific conditions. Additionally, within 60 days of a relief order, the debtor must show proof of insurance for any personal property retained under a lease or purchase money security interest and continue doing so until a plan related to the property is confirmed.

1028. Effect of confirmation Read Opens in new tab

Summary AI

The section describes the effects of confirming a bankruptcy repayment plan, including how it binds the debtor and creditors, creates injunctions that protect the debtor from lawsuits while payments are ongoing, and outlines the conditions under which the debtor's or trustee's property interest is altered. It also explains how legal disputes related to the plan can be resolved, how certain contract clauses are voided upon confirmation, and the trustee's rights regarding security interests on the debtor's property.

1029. Modification of repayment plan Read Opens in new tab

Summary AI

The court can change a debtor's repayment plan if the debtor's financial situation worsens significantly after the plan is confirmed, causing a major difficulty. Additionally, if unexpected attorney's fees arise after the plan is confirmed, the court can allow changes to the plan to cover these fees and extend the payment period by up to six months.

1031. Discharge; scope and timing Read Opens in new tab

Summary AI

The section outlines conditions under which a court can discharge a debtor's debts, specifying that discharge happens after a repayment plan is confirmed or deadlines expire, but cannot occur if the debtor has done things like falsifying records or committing fraud. It also explains that certain debts, like those with tax priority, might be discharged if paid, except if incurred through fraud, and highlights the debtor's rights, including actions against wrongful claims.

1032. Revocation of discharge or order of confirmation Read Opens in new tab

Summary AI

In this section, the court is given the power to revoke an order of confirmation or discharge within one year if it was obtained through the debtor's fraud or if the debtor fails to comply with lawful orders, despite having immunity. If such a revocation occurs, the court must either convert or dismiss the case.

1041. Treatment of certain liens Read Opens in new tab

Summary AI

The trustee has the authority to cancel a lien if it is associated with a certain type of claim outlined in another specific section of the law (section 726(a)(4)).

1042. Limitations on avoidance actions Read Opens in new tab

Summary AI

The trustee is not allowed to take legal action to undo a transfer or obligation under several specified sections unless the debtor's repayment plan does not fully cover certain unsecured claims against the estate.

1051. Election of limited proceeding Read Opens in new tab

Summary AI

Debtors who qualify for a specific chapter can choose to conduct a limited proceeding impacting only their secured property claims when they file for relief. If they don't choose this option, the case automatically becomes a general proceeding, and the limited proceeding rules won't apply. Once the relief order is entered, they can't choose a limited proceeding unless the case is dismissed, then restarted.

1052. Effect of limited proceeding Read Opens in new tab

Summary AI

If a debtor chooses a limited proceeding, they must list all involved properties and creditors. Their estate will only include the listed properties, and several sections of the law won't apply. The debtor gains certain trustee powers and must submit relevant plans for the properties within specified timeframes. The automatic stay applies only to entities with an interest in the listed properties, and certain filing and notice requirements are relaxed.

1053. Dismissal or conversion of limited proceedings Read Opens in new tab

Summary AI

The section describes the conditions under which a debtor can choose to either dismiss or convert a limited proceeding into a general proceeding. It outlines specific steps and criteria for conversion, the effects on property and creditors, and allows the court to dismiss a limited proceeding if it is deemed an improper use of the bankruptcy system.

103. Repeal of chapter 13 Read Opens in new tab

Summary AI

The section repeals Chapter 13 of Title 11 of the United States Code and updates the list of chapters for Title 11 by removing the reference to Chapter 13.

104. Other amendments to the Bankruptcy Code Read Opens in new tab

Summary AI

This section proposes changes to the Bankruptcy Code, primarily focusing on the redefinition and reordering of various terms and provisions related to bankruptcy. It includes amendments like introducing new definitions for terms like "store gift card" and "repayment plan," restructuring numerous existing paragraphs, altering the applicability of chapters, and adjusting rules around trustee duties, debtor eligibility, and discharge procedures.

Money References

  • The term ‘minimum payment obligation’ means, except as provided in section 1021(d)(1) of this title, an amount equal to the lesser of— “(A) the allowed unsecured claims; or “(B) the sum of— “(i) the value of the debtor’s interest in property of the bankruptcy estate in excess of— “(I) any allowed secured claims that are secured by that property; plus “(II) any exemption applicable under section 522(b); and “(ii) to the extent the debtor’s annual income exceeds 135 percent of the sum of the median family income of the applicable State for 1 earner plus $15,000 for each individual in the household other than the debtor— “(I) if the excess is not over $10,000, 15 percent of the excess; “(II) if the excess is over $10,000 but not over $50,000, $1,500 plus 45 percent of the excess over $10,000; “(III) if the excess is over $50,000 but not over $100,000, $19,500 plus 75 percent of the excess over $50,000; or “(IV) if the excess is over $100,000, $57,000 plus 150 percent of the excess over $100,000.”; (P) by redesignating paragraphs (31), (32), (33), (34), (35), (35A), (36), (37), (38), (38), (38A), (38B), (39), and (39A) as paragraphs (41), (42), (43), (44), (45), (46), (47), (48), (49), (50), (51), (52), and (53), respectively; (Q) in paragraph (45)(B), as so redesignated, by striking “paragraphs (21B) and (33)(A)” and inserting “paragraphs (29) and (43)(A)”; (R) by redesignating paragraphs (14), (14A), (15), (16), (17), (18), (19), (19A), (19B), (20), (21), (21A), (21B), (22), (22A), (23), (24), (25), (26), (27), (27A), (27B), (28), and (29) as paragraphs (17), (18), (19), (20), (21), (22), (23), (24), (25), (26), (27), (28), (29), (30), (31), (32), (33), (34), (35), (36), (37), (38), (39), and (40), respectively; (S) in paragraph (18), as so redesignated, (i) in the matter preceding subparagraph (A), by inserting “attorneys’ fees and” before “interest”; and (ii) by striking subparagraph (A) and inserting the following:
  • (c) Adjustment of dollar amounts.—Section 104 of title 11, United States Code, is amended— (1) in subsection (a) by striking “sections 101(3)” and all that follows through “of this title” and inserting “this title”; and (2) in subsection (b) by striking “sections 101(3)” and all that follows through “of this title” and inserting “this title”.
  • — (1) IN GENERAL.—Section 109 of title 11, United States Code, is amended— (A) in subsection (b)— (i) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively; and (ii) by inserting before paragraph (2), as so redesignated, the following: “(1) an individual;”; (B) by striking subsection (e); (C) by redesignating subsection (d) as (e); (D) by inserting after subsection (c) the following: “(d) Only an individual who 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 $7,500,000 (excluding debts owed to 1 or more affiliates or insiders) may be a debtor under chapter 10 of this title.”; (E) in subsection (e), as so redesignated, by striking “railroad, a person” and inserting “railroad, an individual, a person”; (F) by striking subsection (g) and inserting the following: “(g) Notwithstanding any other provision of this section, 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 180 days if the case was dismissed by the court for willful failure of the debtor to abide by orders of the court, or to appear before the court in proper prosecution of the case.”; and (G) by striking subsection (h) and inserting the following: “(h)(1) Upon motion of a party in interest or on the court’s own motion, the court may, after notice and a hearing, include in an order dismissing a case under sections 707, 1005, 1053(c), 1112, or 1208 of this title a restriction of the debtor’s eligibility to refile a subsequent case under this title upon a finding of cause, including— “(A) willful failure of the debtor to— “(i) abide by orders of the court; or “(ii) propose a plan required under sections 1021, 1129, or 1225 in good faith and not by any means forbidden by law; “(B) willful and substantial default by the debtor with respect to a term of a confirmed plan; “(C) a pattern or practice of filing bankruptcy petitions as part of a manifestly improper use of the bankruptcy system; “(D) willful failure of the debtor to appear before the court in proper prosecution of the case; or “(E) other manifestly improper use of the provisions of this title.
  • “(e) In a case under chapter 10 of this title, the bankruptcy court where the bankruptcy case was heard— “(1) shall have exclusive jurisdiction over any disputes under, and enforcement of, an agreement that is subject to this section, whether or not the case has been closed; and “(2) in the event of nonpayment on an agreement described in subsection (c), the court may issue a judgment for monies owed only under an agreement made during the 540-day period preceding the date of the judgment.”. (o) Compensation of officers.— (1) IN GENERAL.—Section 330 of title 11, United States Code, is amended— (A) in subsection (a)(4)(B), by striking “In a chapter 12 or chapter 13 case in which the debtor is an individual,” and inserting “In a chapter 10 or 12 case in which the debtor is an individual,”; (B) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; (C) by inserting after subsection (b) the following: “(c) There shall be paid from the filing fee in a case under chapter 10 of this title $120 to the trustee serving in such case, after such trustee’s services are rendered.”; and (D) in subsection (d), as so redesignated, by striking “in a case under chapter 12 or 13” and inserting “in a case under chapter 10 or 12”.
  • “(iii) The debtor’s interest in any other property up to $40,000 in aggregate value.
  • “(ii) There shall be a rebuttable presumption that aggregate value of property described in any such item in excess of $1,500,000 is manifestly unnecessary for the support of the debtor or the debtor’s dependents.
  • If the value of the debtor’s interest in property claimed as a principal residence under this paragraph exceeds $1,000,000, clause (i) applies to a principal residence acquired within the 3-year period immediately preceding the date of filing of the petition.
  • Except as provided in clause (ii) of this subparagraph and sections 544 and 548, as a result of electing to exempt property under State or local law under subparagraph (A)(i), a debtor may not exempt any amount of interest that was acquired by the debtor during the 4-year period preceding the date of the filing of the petition that exceeds in the aggregate $170,000 in value in the debtor’s principal residence.
  • “(E)(i) 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 $170,000 if— “(I) the court determines, after notice and a hearing, that the debtor has been convicted of a felony (as defined in section 3156 of title 18), which under the circumstances demonstrates that the filing of the case was an abuse of the provisions of this title; or “(II) the debtor owes a debt arising from— “(aa) any violation of the Federal securities laws (as defined in section 3(a)(47) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(47))), any State securities laws, or any regulation or order issued under Federal securities laws or State securities laws; “(bb) fraud, deceit, or manipulation in a fiduciary capacity or in connection with the purchase or sale of any security registered under section 12 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78l, 15 U.S.C. 78o(d)) or under section 6 of the Securities Act of 1933 (15 U.S.C. 77f); “(cc) any civil remedy under section 1964 of title 18; “(dd) for debts arising from a violation of section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983); or “(ee) any criminal act, intentional tort, or willful or reckless misconduct that caused serious physical injury or death to another individual in the preceding 5 years.

309. Bureau of Consumer Financial Protection appearances in bankruptcy cases Read Opens in new tab

Summary AI

The Bureau of Consumer Financial Protection is allowed to represent itself in bankruptcy cases and can participate in court discussions without needing another party to represent it.

105. Data collection Read Opens in new tab

Summary AI

The section outlines amendments to U.S. legal procedures for collecting data when a bankruptcy case is filed, specifying the type of personal information collected from debtors, ensuring privacy through anonymization, and detailing how information is to be compiled, reported, and made available to researchers and the public. It mandates the creation of statistical tables, reports to Congress, and an electronic database, all aimed at understanding disparities in the bankruptcy system while protecting individuals' personal data.

106. Electronic signatures Read Opens in new tab

Summary AI

In this section, electronic signatures are defined and acknowledged as legally valid for cases under title 11 of the United States Code, meaning they cannot be dismissed just because they are electronic. Additionally, original signatures can be electronic signatures in these cases.

107. Judicial education Read Opens in new tab

Summary AI

The Federal Judicial Center's Director, working with the Executive Office for United States Trustees' Director, is required to create materials and offer training to help courts understand and apply the provisions of this Act and its amendments.

108. Conforming amendments to other laws Read Opens in new tab

Summary AI

The section makes various changes to existing laws to reflect updates in bankruptcy-related chapters, ensuring consistency across different federal statutes. It involves amendments to multiple acts, including the Bankruptcy Abuse Prevention and Consumer Protection Act, the Internal Revenue Code, and Title 28 and Title 38 of the United States Code, by adjusting references to bankruptcy chapters.

201. Amendments to the Consumer Financial Protection Act of 2010 Read Opens in new tab

Summary AI

The amendments to the Consumer Financial Protection Act of 2010 introduce a Consumer Bankruptcy Ombuds within the Bureau to assist debtors in bankruptcy, regulate higher cost lenders by adjusting the definition of loans with high annual percentage rates, and provide guidance on violations of bankruptcy discharge injunctions. Additionally, the amendments give the Bureau enforcement authority over individual debtor bankruptcies and set requirements for publishing motor vehicle financing rates.

1035A. Consumer Bankruptcy Ombuds Read Opens in new tab

Summary AI

The Consumer Bankruptcy Ombuds is a role established to help people going through bankruptcy by resolving complaints and gathering data on bankruptcy filings and issues. The Ombuds also provides recommendations to government officials and prepares annual reports on their activities and effectiveness.

202. Amendments to the Truth in Lending Act Read Opens in new tab

Summary AI

The section amends the Truth in Lending Act by increasing certain monetary thresholds, such as changing amounts from "$200" to "$1,600," and sets these new thresholds to adjust each year based on the Consumer Price Index. Additionally, the threshold for penalties was altered from the "lesser of $1,000,000 or 1" to the "greater of $8,000,000 or 5," ensuring that these amounts reflect economic changes over time.

Money References

  • Section 130 of the Truth in Lending Act (15 U.S.C. 1640) is amended— (1) in subsection (a)(2)— (A) in subparagraph (A)— (i) in clause (ii)— (I) by striking “$200” and inserting “$1,600”; and (II) by striking “$2,000” and inserting “$16,000”; (ii) in clause (iii)— (I) by striking “$500” and inserting “$4,000”; and (II) by striking “$5,000” and inserting “$40,000”; and (iii) in clause (vi)— (I) by striking “$400” and inserting “$3,200”; and (II) by striking “$4,000” and inserting “$32,000”; and (B) in subparagraph (B), by striking “lesser of $1,000,000 or 1” and inserting “greater of $8,000,000 or 5”; and (2) by adding at the end the following: “(m) Adjustments.—On April 1, 2026, and each April 1 thereafter, each dollar amount in effect under subsection (a) on the day before such April 1 shall be adjusted— “(1) to reflect the change in the Consumer Price Index for All Urban Consumers, published by the Department of Labor, for the most recent period ending immediately before January 1 preceding such April 1; and “(2) to round to the nearest $25 the dollar amount that represents the change described in paragraph (1).”.

203. Amendments to the Fair Credit Reporting Act Read Opens in new tab

Summary AI

The amendments to the Fair Credit Reporting Act include changes to the time period for reporting certain bankruptcy cases and an increase in statutory damages for willful violations from a range of $100-$1,000 to $700-$7,000. Additionally, starting April 1, 2026, and every year after, these dollar amounts will be adjusted based on changes in the Consumer Price Index, rounded to the nearest $25.

Money References

  • The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended— (1) in section 605(a) (15 U.S.C. 1681c(a)), by striking paragraph (1) and inserting the following: “(1) Cases under title 11, United States Code, that, from the date of entry of the order for relief, antedate the report by more than 7 years.”; and (2) in section 616 (15 U.S.C. 1681n)— (A) in subsection (a)(1)— (i) in subparagraph (A)— (I) by striking “$100” and inserting “$700”; and (II) by striking “$1,000” and inserting “$7,000”; and (ii) in subparagraph (B), by striking “$1,000” and inserting “$7,000”; (B) in subsection (b), by striking “$1,000” and inserting “$7,000”; and (C) by adding at the end the following: “(e) Adjustment.—On April 1, 2026, and each April 1 thereafter, each dollar amount in effect under subsections (a) and (b) on the day before such April 1 shall be adjusted— “(1) to reflect the change in the Consumer Price Index for All Urban Consumers, published by the Department of Labor, for the most recent period ending immediately before January 1 preceding such April 1; and “(2) to round to the nearest $25 the dollar amount that represents the change described in paragraph (1).”.

204. Amendments to the Equal Credit Opportunity Act Read Opens in new tab

Summary AI

The Equal Credit Opportunity Act is being updated to include protections based on sexual orientation, gender identity, and familial status. Additionally, it increases certain penalty amounts from $10,000 to $60,000 and from $500,000 to $5,000,000, with these amounts adjusted for inflation every year starting in 2026.

Money References

  • (15 U.S.C. 1691(a)(1)), by inserting “sexual orientation, gender identity, familial status,” after “status,”; and (2) in section 706 (15 U.S.C. 1691e)— (A) in subsection (b), by striking— (i) “$10,000” and inserting “$60,000”; and (ii)
  • “500,000 or 1” and inserting “$5,000,000 or 5”; and (B) by adding at the end the following: “(l) Adjustment.—On April 1, 2026, and each April 1 thereafter, each dollar amount in effect under subsection (b) on the day before such April 1 shall be adjusted— “(1) to reflect the change in the Consumer Price Index for All Urban Consumers, published by the Department of Labor, for the most recent period ending immediately before January 1 preceding such April 1; and “(2) to round to the nearest $25 the dollar amount that represents the change described in paragraph (1).”.

205. Amendments to the Fair Debt Collection Practices Act Read Opens in new tab

Summary AI

The proposed amendments to the Fair Debt Collection Practices Act include clarifying that certain actions must involve personal property, increasing penalties for violations, adding rules against filing lawsuits with expired time limits, prohibiting debt collection on debts discharged in bankruptcy unless voluntary, and ensuring financial figures are updated annually based on changes in the cost of living.

Money References

  • “(10) 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 collector.”; and (3) in section 813 (15 U.S.C. 1692k)— (A) in subsection (a)(2)— (i) in subparagraph (A), by striking “$1,000” and inserting “$5,000”; and (ii) in subparagraph (B), by striking “lesser of $500,000 or 1” and inserting “greater of $5,000,000 or 5”; and (B) by adding at the end the following: “(f) On April 1, 2026, and each April 1 thereafter, each dollar amount in effect under paragraph (a)(2) on the day before such April 1 shall be adjusted— “(1) to reflect the change in the Consumer Price Index for All Urban Consumers, published by the Department of Labor, for the most recent period ending immediately before January 1 preceding such April 1; and “(2) to round to the nearest $25 the dollar amount that represents the change described in paragraph (1).”.

206. Amendments to the Electronic Fund Transfers Act Read Opens in new tab

Summary AI

The amendments to the Electronic Fund Transfers Act increase the penalty limits for certain violations from $100 to $500 and from $1,000 to $5,000. They also change the maximum liability from the lesser of $500,000 or 1% to the greater of $5,000,000 or 5%. Starting April 1, 2026, these amounts will be adjusted annually based on changes in the Consumer Price Index.

Money References

  • Section 916 of the Electronic Fund Transfers Act (15 U.S.C. 1693m) is amended— (1) in subsection (a)(2)— (A) in subparagraph (A)— (i) by striking “$100” and inserting “$500”; and (ii) by striking “$1,000” and inserting “$5,000”; and (B) in subparagraph (B)(ii), by striking “lesser of $500,000 or 1” and inserting “greater of $5,000,000 or 5”; and (2) by adding at the end the following: “(h) On April 1, 2026, and each April 1 thereafter, each dollar amount in effect under paragraph (a)(2) on the day before such April 1 shall be adjusted— “(1) to reflect the change in the Consumer Price Index for All Urban Consumers, published by the Department of Labor, for the most recent period ending immediately before January 1 preceding such April 1; and “(2) to round to the nearest $25 the dollar amount that represents the change described in paragraph (1).”.

301. Rules Enabling Act amendments Read Opens in new tab

Summary AI

The section allows the Supreme Court to create rules for legal procedures in bankruptcy cases before a new law takes effect. It also makes a minor change to the law and requires that a specific form be written clearly, following the Plain Writing Act.

302. Bankruptcy rules amendments Read Opens in new tab

Summary AI

In Section 302, the rules for bankruptcy procedures are updated by removing a specific part, known as subdivision (h), from Rule 7004 of the Federal Rules of Bankruptcy Procedure.

303. Sense of Congress Read Opens in new tab

Summary AI

The section expresses Congress's opinion that the Judicial Conference of the United States should create a simpler form for reporting income and spending for certain debtors who are not required to provide detailed documentation. It also suggests that there should be rules allowing individuals to enforce certain rights in bankruptcy cases through a motion.

401. Bankruptcy fees Read Opens in new tab

Summary AI

The section amends bankruptcy fees in section 1930 of title 28 of the United States Code by updating fee amounts for specific chapters, specifying no additional fees for filing a petition under chapter 10, and allowing courts to waive fees for individuals with low income under chapter 10.

Money References

  • Section 1930 of title 28, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1)(B), by striking “chapter 13 of title 11, $235” and inserting “chapter 10 of title 11, $250”; and (B) in the undesignated matter following paragraph (7), by striking “chapter 7, or 13 of title 11” and inserting “chapter 7 or 10 of title 11”; (2) in subsection (b), by striking the period at the end and inserting “, which may not include any additional fees for the filing of a petition under chapter 10 of title 11.”; and (3) in subsection (f)— (A) by striking paragraph (1) and inserting the following: “(1)(A) Under the procedures prescribed by the Judicial Conference of the United States, the district court or the bankruptcy court may waive all fees payable to the clerk of the court in a case under chapter 10 of title 11 for an individual if the court determines that such individual— “(i) has an income that is less than 150 percent of the official poverty line (as defined in section 673 of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9902)) applicable to a family of the size of the family of the individual; and “(ii) is unable to pay those fees in installments.

402. Trustee compensation Read Opens in new tab

Summary AI

The section amends existing laws to update the rules about how trustees are appointed, compensated, and regulated when overseeing certain bankruptcy cases in the United States. It includes details about the compensation limits for standing trustees and specifies that regulations must be created to guide the process of replacing a trustee when needed.

501. Effective date Read Opens in new tab

Summary AI

The changes introduced by this Act, along with any modifications it makes, will become active one year after the Act is officially passed into law.

502. Transition Read Opens in new tab

Summary AI

In Section 502, it states that for bankruptcy cases started under title 11 of the United States Code before one year after this Act becomes law, everything related to these cases will be handled as if this Act never existed. This means that all rights and laws that applied before will continue to govern these cases.

503. Severability Read Opens in new tab

Summary AI

If any part of this law or its changes are found to be invalid or unconstitutional, the rest of the law and its changes will still remain in effect and can be applied to others.