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Introduced Nov. 18, 2004

Mr. HATCH (for himself, Mr. LEAHY, Mr. CHAMBLISS, Mr. DURBIN, Mr. SCHUMER, and Mrs. CLINTON) introduced the following bill\; which was read twice and referred to the Committee on the Judiciary
A BILL
To make improvements in the operation and administration of the Federal courts, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled...

To amend title 11, United States Code, to provide for the avoidance of certain transfers, and the alternate prosecution of certain actions, relating to certain retirement benefits.

To permit biomedical research corporations to engage in certain equity financings without incurring limitations on net operating loss carryforwards and certain built-in losses, and for other purposes.

To amend title 11, United States Code, to provide for the avoidance of certain transfers, and the alternate prosecution of certain actions, relating to certain retirement benefits.
Equal Treatment of Pensions and Bankruptcy Act
of 2003 (Introduced in House)

HR 2609 IH

To amend title 11, United States Code, to provide for the
avoidance of certain transfers, and the alternate prosecution of certain
actions, relating to certain retirement benefits.

June 26, 2003

Mr. CONYERS introduced the following bill; which was referred to the
Committee on the Judiciary

To amend title 11, United States Code, to provide for the
avoidance of certain transfers, and the alternate prosecution of certain
actions, relating to certain retirement benefits.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Equal Treatment of Pensions and
Bankruptcy Act of 2003'.

SECTION 2. AVOIDANCE OF CERTAIN TRANSFERS; ALTERNATE PROSECUTION
OF ACTION.

Section 547 of title 11, United States Code, is amended by
adding at the end the following:

`(h) Notwithstanding subsections (b) and (c), the trustee may
avoid a transfer of a debtor's interest in property to any trust or
similar arrangement to fund supplemental retirement benefits or other
deferred compensation for the benefit of an insider or other management
employee made on or within one year before the date of the filing of the
petition.

`(i) If the trustee consents or fails to commence a proceeding
authorized under section 506, 543, 544, 545, 547, 548, 549, 550, 552,
553, or 724, on request of a party in interest or a committee of
creditors appointed under section 1102 of this title, after notice and a
hearing, the court may authorize such party in interest or committee of
creditors to commence and prosecute such proceeding if the court finds
that commencing and prosecuting such proceeding is in the best interest
of the estate and for the benefit of the estate.'.

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To extend the period for which chapter 12 of title 11, United States Code, is reenacted by 6 months.

To amend the Internal Revenue Code of 1986 to waive the 10-percent additional tax on early distributions from section 401(k) plans in the case of hardship of certain employees due to facility closures or employers in bankruptcy.

To amend the Internal Revenue Code of 1986 to provide that tax attributes shall not be reduced in connection with a discharge of indebtedness in a title 11 case of a company having asbestos-related claims against it.

To amend title 11 of the United States Code with respect to the dismissal of certain involuntary cases.

To amend title 11, United States Code, to provide an additional bankruptcy judge for the eastern district of California, and for other purposes. (Introduced in House)