To make technical corrections to title 11, United States Code, and for other purposes.
COMPARISON
Bankruptcy Law Technical Corrections Acts of 1997 (H.R. 120 and
H.R. 764)
Written by:
Roger M. Whelan
and Virginia Maxwell Waller
Shaw, Pittman, Potts & Trowbridge
Web posted and Copyright ©
January 28, 1997, American Bankruptcy Institute and Shaw, Pittman, Potts &
Trowbridge.
| Section-by-Section Comparison | |
| H.R. 764 | H.R. 120 |
| "Bankruptcy Amendments of 1997" | "Bankruptcy Law Technical Corrections Act of 1997" |
| Introduced by Rep. Hyde on Feb. 13, 1997 | Introduced by Rep. Conyers on Jan. 7, 1997 |
| Section 1. Short Title. | Section 1. Short Title. |
| Section 2. Definitions. | Section 2. Definitions. |
| In Paragraph 51B of Section 101 of title 11, United States Code, everything after "thereto" is struck in place of a semicolon. |
No such language |
| In each paragraph of Section 101 of title 11 of the United States Code, as amended in Sec. 2(4) of the bill, text is inserted which functions as a heading for the paragraph. Such text is comprised of the term defined in the paragraph and is printed in capital and small capital typeface and followed by a period and a 1 cm. dash. |
No such language |
| No such language | In paragraph 54 of section 101 of title 11 of the United States Code the words ", creation of a lien," is inserted after the words "security interest" |
| Sec. 3. Adjustment of Dollar Amounts. | Sec. 3. Adjustment of Dollar Amounts. |
| Identical Language in both bills. | Identical Language in both bills. |
| Sec. 4. Compensation to Officers. | Sec. 7. Compensation to Officers. |
| Identical Language in both bills. See Section 7 in H.R. 120 | Identical Language in both bills. See Section 4 in H.R. 764. |
| Sec. 5. Effect of Conversion. | Sec. 9. Effect of Conversion. |
| Identical Language in both bills. See Section 9 in H.R. 120 | Identical Language in both bills. See Section 5 in H.R. 764. |
| Sec. 6. Executory Contracts and Unexpired Leases. | Sec. 11. Executory Contracts and Unexpired Leases. |
| Identical Language in both bills. See Section 11 in H.R. 120 | Identical Language in both bills. See Section 5 in H.R. 764. |
| Sec.7. Allowance of Administrative Expenses. | Sec.13. Allowance of Administrative Expenses. |
| Identical Language in both bills. See Section 13 in H.R. 120 | Identical Language in both bills. See Section 7 in H.R. 764. |
| Sec. 8. Priorities. | Sec. 14. Priorities. |
| Identical Language in both bills. See Section 14 in H.R. 120 | Identical Language in both bills. See Section 8 in H.R. 764. |
| Sec. 9. Exemptions. | Sec. 15. Exemptions. |
| Identical Language in both bills. See Section 15 in H.R. 120 | Identical Language in both bills. See Section 9 in H.R. 764. |
| Sec. 10 Exceptions to Discharge. | Sec. 16 Exceptions to Discharge. |
| H.R. 764 amends paragraph 9 of Section 523 of title 11, United States Code, by inserting: ", watercraft, or aircraft" after the words "motor vehicle." H.R. 120 also contains additional language not contained in H.R. 764; see section 16 of H.R. 120. |
H.R. 120 amends subsection (a)(17) of Section 523 of title 11, United States Code by striking "by a court" and inserting "on a prisoner by a Federal court" and by striking "section 1915(b) or(f)" and inserting "subsection (b) or (f)(2) of section 1915." Further, subsection (e) of Section 523 of title 11, United States Code is amended by striking "a insured" and inserting "an insured." |
| Sec. 11. Protection Against Discriminatory Treatment. |
Sec. 18. Protection Against Discriminatory Treatment. |
| Identical Language in both bills. See Section 18 in H.R. 120 | Identical Language in both bills. See Section 11 in H.R. 764. |
| Sec. 12 Property of the Estate. | Sec. 19 Property of the Estate. |
| Identical Language in both bills. See Section 19 in H.R. 120 | Identical Language in both bills. See Section 12 in H.R. 764. |
| Sec. 13. Limitations on Avoiding Powers. | Sec. 20. Limitations on Avoiding Powers. |
| Identical Language in both bills. See Section 20 in H.R. 120 | Identical Language in both bills. See Section 13 in H.R. 764. |
| Sec. 14. Liability of Transferee of Avoided Transfer. | Sec. 21. Liability of Transferee of Avoided Transfer. |
| Identical Language in both bills. See Section 21 in H.R. 120 | Identical Language in both bills. See Section 14 in H.R. 764. |
| Sec. 15 Setoff. | Sec. 22 Setoff. |
| Identical Language in both bills. See Section 22 in H.R. 120. | Identical Language in both bills. See Section 15 in H.R. 764. |
| Sec. 16 Disposition of Property of the Estate. | Sec. 23 Disposition of Property of the Estate. |
| Identical Language in both bills. See Section 23 in H.R. 120. | Identical Language in both bills. See Section 16 in H.R. 764. |
| Sec. 17. General Provisions. | Sec. 24. General Provisions. |
| Identical Language in both bills. See Section 24 in H.R. 120. | Identical Language in both bills. See Section 17 in H.R. 764. |
| Sec. 18. Discharge. | Sec. 31. Discharge. |
| Identical Language in both bills. See Section 31 in H.R. 120. | Identical Language in both bills. See Section 18 in H.R. 764. |
| Sec. 19. Contents of Plan. | Sec. 30. Contents of Plan. |
| Identical Language in both bills. See Section 30 in H.R. 120. | Identical Language in both bills. See Section 19 in H.R. 764. |
| Sec. 20 Appointment of Trustee. | Sec. 25 Appointment of Elected Trustee. |
| Identical Language in both bills. See Section 25 in H.R. 120 | Identical Language in both bills. See Section 20 in H.R. 764. |
| Sec. 21 Knowing Disregard of Bankruptcy Law or Rule. |
Sec. 34 Knowing Disregard of Bankruptcy Law or Rule. |
| Amends section 156(a) of title 18, United States Code by striking "case under this title" and inserting "case under title 11." See section 34 of H.R. 120 for companion section. |
No such language exists in H.R.120. |
| No such language exists in H.R. 764. | Amends section 156(a) of title 18, United States Code by inserting "(1) the term" before" 'bankruptcy'" in the first undesignated paragraph. In the same paragraph the period at the end of the paragraph is struck and the following is inserted: "; and." In the second undesignated paragraph of Section 156(a) of title 18, United States Code, the words "(2) the term" are inserted before the word "document." Lastly, the words "this title" are struck and replaced with: "title 11." See Sec. 21 of H.R. 764. |
| Sec. 22. Bankruptcy Cases and Proceedings. | Sec. 32. Bankruptcy Cases and Proceedings. |
| Identical Language in both bills. See Section 32 in H.R. 120 | Identical Language in both bills. See Section 22 in H.R. 764. |
| Sec. 23. Automatic Stay. | Sec. 10. Automatic Stay. |
| The language of this section is essentially similar to section 10 of H.R. 120. |
The language of this section is essentially similar to section 23 of H.R. 764. |
| Sec. 24 Effective Date of Amendments. | Sec. 35 Effective Date of Amendments. |
| Except as provided by subsection (b) of the Act the effective date of the Act is the date of enactment. |
Except as provided by subsection (b) of the Act the effective date of the Act is the date of enactment. |
| Sec. 5 Penalty for persons who negligently or fraudulently prepare bankruptcy petitions. |
|
| No such language exists in H.R. 764. | Section 110(j)(3) of title 11 of the United States Code is amended by striking "attorney's" and inserting the word "attorneys' ." |
| Sec. 6 Eligibility to Serve as Trustee. | |
| No such language exists in H.R. 764. | Paragraphs 1 and 2 of section 321(a) of Title 11, United States Code, are amended by striking "7, 12," and inserting "12." |
| Sec. 7 Employment of Professional Persons. | |
| No such language exists in H.R. 764. | Subsection (b) of section 327 of title 11, United States Code, is amended by striking "section 721,," and inserting "721." Subsection (c) of section 327 of title 11, United States Code, is amended by striking "chapter 7" and all that follows through "or" the first place it appears, and inserting "chapter 7, 12 or." |
| No such language exists in H.R. 764. | Subsection (d) of section 327 of title 11, United States Code, is amended by striking "act as attorney or accountant" and inserting "render professional services of the kind described in subsection (a)." |
| No such language exists in H.R. 764. | Section 328 (b) of title 11, United States Code, is amended by: 1)striking "serve as an attorney or accountant" and inserting "render professional services"; 2) by striking "such attorney or accountant" and inserting "a professional person who renders such services"; 3) by striking "attorney or accountant" and inserting "such professional person"; and 4) by striking "an attorney or accountant" and inserting "such a professional person." |
| Sec. 6. Limitation on Compensation of Professional Persons. |
|
| No such language exists in H.R. 764. | Section 328(a) of title 11, United States Code, is amended in subsection (a) by inserting "on a fixed or percentage fee basis," after "hourly basis." |
| Sec. 8. Special Tax Provisions. | |
| No such language exists in H.R. 764. | Section 346(g)(1)(C) of title 11, United States Code, is amended by striking ",except" and all that follows through "1986." |
| Section 12. Amendment to Table of Sections. | |
| No such language exists in H.R. 764. | Item 556 of the table of sections for chapter 5 is amended to read: "556. Contractual right to liquidate a commodities contract or forward contract." |
| Section 17. Effect of Discharge. | |
| No such language exists in H.R. 764. | Section 524(a)(3) of title 11, United States Code, is amended by striking "section 523" and all that follows through "or that", and inserting "section 523, 1228(a)(1), or 1328(a)(1) of this title, or that." |
| Sec. 4. Extension of Time. | |
| No such language exists in H.R. 764. | Section 108(C)(2) of title 11 of the United States Code is amended by striking "922" and all that follows through "or", and inserting "922,1201, or." No such language exists in H.R. 764. |
| Sec. 26. Abandonment of Railroad Line. | |
| No such language exists in H.R. 764. | Section 1170(e)(1) of title 11, United States Code, is amended by striking "section 11347" and inserting "section 11326(a)." |
| Section 27. Contents of Plan. | |
| No such language exists in H.R. 764. | Section 1172(c)(1) of title 11, United States Code, is amended by striking "section 11347" and inserting "section 11326(a)." |
| Section 28. Payments. | |
| No such language exists in H.R. 764. | Section 1226(b)(2) of title 11, United States Code, is amended by striking "1202(C) of this title" and inserting "586(b) of title 28" and by striking "1202(d) of this title" and inserting "586(e)(1)(B) of title 28." |
| Section 29. Discharge. | |
| No such language exists in H.R. 764. | Subsectinos (a) and of sections 1228 of title 11, United States Code, are amended by striking "1222(B)(10)" each place it appears and inserting "1222(b)(9)." |