H.R. 6349 (112th): Bankruptcy Administration Improvement Act of 2012

112th Congress, 2011–2013. Text as of Aug 02, 2012 (Introduced).

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I

112th CONGRESS

2d Session

H. R. 6349

IN THE HOUSE OF REPRESENTATIVES

August 2, 2012

(for himself, Mr. Coble, and Mr. Johnson of Georgia) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 11 of the United States Code to increase the maximum amount that may be paid to trustees for services rendered; to repeal provisions relating the trustee administration of certain employee pension plans; and for other purposes.

1.

Short title

This Act may be cited as the Bankruptcy Administration Improvement Act of 2012.

2.

Compensation of trustees in cases under chapter 7

Title 11 of the United States Code is amended—

(1)

in section 104—

(A)

in subsection (a)—

(i)

by inserting 330(b)(2), after 303(b),,

(ii)

in paragraph (1) by striking and at the end,

(iii)

in paragraph (2)—

(I)

by inserting except as provided in paragraph (3), after (2), and

(II)

by striking the period at the end and inserting ; and, and

(iv)

by adding at the end the following:

(3)

with respect to the amount specified in section 330(b)(2), to round to the nearest $5 the dollar amount that represents such change.

, and

(B)

in subsection (b) by inserting 330(b)(2), after 303(b),, and

(2)

in section 330—

(A)

by amending subsection (a)(7) to read as follows:

(7)

In determining the amount of reasonable compensation to be awarded to a trustee under chapter 7, the court shall treat such compensation as a commission, based on section 326(a).

, and

(B)

in subsection (b)(2) by striking $15 and inserting $75.

3.

Limitation on waiver of filing fees in cases under chapter 7

The last sentence of section 1930(f)(1) of title 28, United States Code, is amended by inserting (excluding any part of such fee that is required under section 330(b) of title 11 to be paid to a trustee and that such individual is able to pay in installments) after subsection (a).

4.

Repeal of provisions relating to the administration of certain employee benefit plans

(a)

In general

Section 521(a) of title 11, United States Code, is amended—

(1)

in paragraph (5) by adding and at the end,

(2)

in paragraph (6) by striking ; and and inserting a period, and

(3)

by striking paragraph (7).

(b)

Duties of trustees

Section 704(a) of title 11, United States Code, is amended—

(1)

in paragraph (10) by adding and at the end,

(2)

by striking paragraph (11), and

(3)

by redesignating paragraph (12) as paragraph (11).

(c)

Conforming amendment

Section 1106(a)(1) of title 11, United States Code, is amended by striking (11),.

5.

Effective date; application of amendments

(a)

Effective date

Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the 1st day of the 1st month that begins more than 180 days after the date of the enactment of this Act.

(b)

Application of amendments

The amendments made by this Act shall apply only with respect to cases commenced under title 11 of the United States Code on or after the effective date of this Act.