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To amend title I of the Employee Retirement Income Security Act of 1974 to improve access and choice for entrepreneurs with small businesses with respect to medical care for their employees.

The Lawsuit Abuse Reduction Act of 2005, was amended to make it clear that the bill does not affect personal injury claims that Federal bankruptcy law requires be heard in a Federal bankruptcy court.

To amend and extend the Higher Education Act of 1965.

To establish the District Court of the Virgin Islands as a court under article III of the United States Constitution.

To clarify that certain coal industry health benefits may not be modified or terminated.

To promote freedom, fairness, and economic opportunity by repealing the income tax and other taxes, abolishing the Internal Revenue Service, and enacting a national sales tax to be administered primarily by the States.

To require air carriers to honor tickets for bankrupt air service.

Introduced Nov. 18, 2004

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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