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
The Consumer Bankruptcy Reform Act of 2024 is a new plan to help people who owe money by making it easier and fairer for them to deal with their debt, like student loans or houses, while also trying to keep them safe from unfair lending. It introduces new rules, like changing fees and making sure everyone has a fair chance, but some parts might be a bit tricky or confusing, like figuring out new costs or understanding the rules.
Summary AI
The Consumer Bankruptcy Reform Act of 2024 (S. 5577) proposes significant changes to U.S. bankruptcy law to better help individuals facing personal financial distress. It introduces a new single-chapter consumer bankruptcy system that streamlines the filing process, reduces racial and gender disparities, and simplifies debt restructuring for debts like student loans and mortgages. Additionally, the bill aims to enhance consumer protections against predatory lending and reform existing laws to make bankruptcy more accessible and affordable for those in need. The bill also establishes a Consumer Bankruptcy Ombuds within the Consumer Financial Protection Bureau to assist individuals in bankruptcy and track related data.
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AnalysisAI
The proposed "Consumer Bankruptcy Reform Act of 2024" aims to overhaul the existing bankruptcy framework in the United States, especially for individuals. This bill amends Title 11 of the United States Code by creating a new chapter devoted to individual bankruptcy while repealing Chapter 13. It seeks to simplify the bankruptcy process, making it more accessible and equitable for consumers.
General Summary
The bill introduces significant structural changes to the U.S. bankruptcy system by establishing a "Chapter 10" for individual bankruptcies. It consolidates rules and procedures, intending to streamline bankruptcy filings, reduce associated costs, and improve fairness across different socio-economic and racial groups. The proposed legislative changes encompass various aspects of the bankruptcy process, including trustee responsibilities, plan confirmation rules, and property handling. Additionally, the bill modifies related consumer protection laws to enhance the financial welfare of individuals post-bankruptcy.
Significant Issues
Several sections raise concerns that merit further discussion:
Repeal of Chapter 13: The removal of Chapter 13, traditionally used by individuals for debt reorganization, lacks explicit justification. This shift may leave former Chapter 13 filers without a familiar pathway, potentially impacting creditors and debtors' rights and avenues for resolution.
Bankruptcy Fees: A new $250 fee for Chapter 10 is presented without clarity on the financial implications for filers, raising concerns about possible financial burdens on those already in distress.
Trustee Compensation: Reformulating trustees’ compensation could lead to potential excesses. The caps and methods for determining "necessary" expenses are not clearly defined, potentially contributing to waste or misuse.
Penalties and Fines: The bill revises penalty structures under several financial acts, drastically increasing the financial impact on violators. While this may deter misconduct, the dramatic rise in fines lacking a detailed rationale may disproportionately affect smaller entities unfamiliar with compliance mechanisms.
Potential Public and Stakeholder Impact
The bill's comprehensive approach could have wide-ranging implications across different groups:
General Public: For individuals navigating bankruptcy, the revised procedures aim to be more straightforward and less costly, presenting potential for a more equitable fresh start. However, complexities surrounding transitions from the older Chapter 13 and fee changes require clear communication to prevent missteps.
Legal Professionals and Trustees: Increased responsibilities and changes to trustees' compensation may result in higher administrative demands, potentially necessitating reassessment within the legal community about the cost and framework of legal aid.
Lenders and Creditors: While the bill strengthens consumer protections, it simultaneously increases compliance requirements and penalties. Creditors may need to adapt to avoid punitive measures, potentially affecting lending practices.
Debt Collection Agencies: The heightened penalties and restrictions in the Fair Debt Collection Practices Act may lead to a more cautionary approach in collection practices, potentially affecting their operational strategies.
The bill aims to balance the needs and protections of consumers while updating the bankruptcy system to reflect modern financial challenges. Its impact, however, will significantly depend on how successfully these reforms are communicated, implemented, and enforced across all relevant sectors.
Financial Assessment
The Consumer Bankruptcy Reform Act of 2024 introduces several significant changes to financial aspects within the U.S. bankruptcy system. This commentary will examine the bill's financial references, how they might impact stakeholders, and potential issues they raise.
Bankruptcy Fees
The bill suggests a new filing fee of $250 for Chapter 10 bankruptcy cases. This replaces the previous fee for Chapter 13, which was $235. The introduction of this new fee structure aims to align with the transition from Chapter 13 to the proposed Chapter 10, but it may lead to confusion as highlighted in the issues section. Stakeholders might face unexpected costs if the transition details are not clearly communicated.
Trustee Compensation
The bill proposes specific financial guidelines for trustee compensation. It sets a "maximum annual compensation" and a percentage fee not to exceed 10 percent for trustees working under the new Chapter 10 framework. While this aims to standardize trustee fees, there are concerns about potential "excessive or non-essential compensations," which could lead to waste or favoritism without strict oversight.
Amendments to Financial Penalty Limits
Several sections of the bill propose substantial increases in penalty thresholds across different acts, such as the Truth in Lending Act and the Fair Credit Reporting Act.
- The Truth in Lending Act amendments include increasing certain penalty thresholds from $200 to $1,600, $2,000 to $16,000, and so forth.
- The Fair Credit Reporting Act sees similar adjustments, with penalties increasing from $100 to $700 and $1,000 to $7,000.
These increases may significantly impact smaller entities, making compliance more costly. The lack of a clear rationale for these increases, which are also subject to future adjustments tied to the Consumer Price Index, could introduce unpredictability and financial strain on smaller businesses.
Data Collection and Privacy Concerns
Section 105 introduces data collection requirements that could impose financial burdens due to necessary infrastructure and privacy protections. While it is a step toward understanding bankruptcy trends and disparities, the absence of financial estimates or a detailed budget for implementation, coupled with privacy concerns, highlights the need for clearer safeguards and funding plans.
Summary
The Consumer Bankruptcy Reform Act of 2024 incorporates several changes intended to streamline bankruptcy processes and enhance consumer protections. However, the bill's financial references, including fee changes, increased penalty limits, and compensation guidelines, suggest possible financial burdens and areas for ambiguity, especially for smaller entities and individuals. Addressing these financial implications transparently will be essential for the successful implementation of the bill's objectives.
Issues
The repeal of Chapter 13 of the Bankruptcy Code in Section 103 raises significant concerns about the impact on individuals who previously used Chapter 13 for financial restructuring. The bill does not provide a justification for this repeal, nor does it address potential consequences for debtors, creditors, or the legal system. This repeal could have unintended consequences and lacks transparency.
Section 401 on 'Bankruptcy fees' introduces a new $250 fee for Chapter 10 filings, replacing the previous Chapter 13 fee. Given that Chapter 10 is not commonly referenced, this change might lead to confusion or ambiguity, potentially burdening individuals entering bankruptcy with higher or unexpected costs.
Section 402 on 'Trustee compensation' suggests that setting a 'maximum annual compensation' and a 'percentage fee not to exceed 10 percent' might lead to excessive or non-essential compensations, potentially creating opportunities for waste or favoritism without strict monitoring.
Section 204 of the Equal Credit Opportunity Act significantly increases penalty thresholds with potential implications for legal and financial advisors. The replacement of 'lesser' with 'greater' thresholds in penalties might disproportionately affect smaller entities or individuals without clear justification in the text.
The amendments to the Electronic Fund Transfers Act (Section 206) and the Fair Debt Collection Practices Act (Section 205) dramatically increase penalty caps, which could disproportionately affect smaller lenders or consumers. The lack of explicit justification for these increases could have financial and legal implications.
The new data collection requirements in Section 105 might raise privacy concerns and could necessitate significant resources for implementation. The bill does not provide a financial estimate or budget for these activities, nor does it detail comprehensive privacy safeguards beyond anonymization.
Section 203 amends the Fair Credit Reporting Act with substantial increases in fine amounts for violations, lacking an explicit rationale which impacts small entities significantly, especially when adjustments tied to the Consumer Price Index add complexity and unpredictability to future fees.
Section 301's language regarding the application of the Rules Enabling Act and compliance with the Plain Writing Act of 2010 might introduce complexities, as the requirements for 'plain writing' are not detailed, potentially resulting in subjective interpretations and challenges in legal settings.
The amendments to trustee responsibilities in Section 1001 impose complex and expansive duties, potentially increasing the administrative burden on trustees and legal professionals as well as on individuals who may lack the legal literacy to fully comprehend these responsibilities.
Section 1032 on revocation procedures is vague, lacking procedural clarity on what happens following order revocation due to fraud or court order non-compliance. Such lack of detail may result in unpredictable legal outcomes and concerns regarding legal and financial accountability.
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 section creates a new chapter in the U.S. Bankruptcy Code focused on individual bankruptcy, detailing rules for trustees, debtor rights, property management, treatment of contracts, obtaining credit, and plan filing and confirmation processes. It also outlines various types of plans, injunctions after plan confirmation, property rights, and rules regarding the discharge and modification of debts.
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 outlines the responsibilities of a trustee and a debtor under a repayment plan, detailing how payments should be collected, retained, and distributed to creditors. It also specifies the enforcement mechanisms for debtor obligations, emphasizing the trustee's role and conditions for enforcing payments, with provisions for administrative expenses, priorities, and recovery of fees.
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
The bill section outlines extensive amendments to the Bankruptcy Code, including updates to definitions and reorganizations of sections. It introduces new terms and modifies existing provisions about bankruptcy, exemptions, claims, and debt discharge, impacting how bankruptcies are managed and the rights of debtors and creditors.
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.”.
- (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 in legal cases under title 11 of the United States Code are addressed. It states that electronic signatures are legally valid and enforceable, and an original signature can also be an electronic one.
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 section outlines amendments to the Consumer Financial Protection Act of 2010, which include establishing a Consumer Bankruptcy Ombuds to support individuals in bankruptcy, changing supervision criteria for high-cost lenders to loans with interest rates over 36%, addressing violations in bankruptcy discharge injunctions, permitting the Bureau to manage certain bankruptcy laws, and requiring monthly reporting of motor vehicle financing rates by the Bureau of Consumer Financial Protection.
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.