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Consumer Bankruptcy Law and Practice: Sec. 121.

[Editor’s note.79]

(a) Section 402 of the Act entitled “An Act to establish a uniform Law on the Subject of Bankruptcies” (Public Law 95598) is amended in subsections (b) and (e) by striking out “June 28, 1984” each place it appears and inserting in lieu thereof “the date of enactment of the Bankruptcy Amendments and Federal Judgeship Act of 1984.”

Consumer Bankruptcy Law and Practice: Sec. 122.

(a) Except as otherwise provided in this section, this title and the amendments made by this title shall take effect on the date of the enactment of this Act.

(b) Section 1334(c)(2) of title 28, United States Code, and section 1411(a) of title 28, United States Code, as added by this Act, shall not apply with respect to cases under title 11 of the United States Code that are pending on the date of enactment of this Act, or to proceedings arising in or related to such cases.

Consumer Bankruptcy Law and Practice: Sec. 301. Incumbent United States Trustees.

(a) Area for Which Appointed. Notwithstanding any paragraph of section 581(a) of title 28, United States Code, as in effect before the effective date of this Act, a United States trustee serving in such office on the effective date of this Act shall serve the remaining term of such office as United States trustee for the region specified in a paragraph of such section, as amended by this Act, that includes the site at which the primary official station of the United States trustee is located immediately before the effective date of this Act.

Consumer Bankruptcy Law and Practice: Sections 302(a) through 302(c)

(a) General Effective Date. Except as provided in subsections (b), (c), (d), (e), and (f), this Act and the amendments made by this Act shall take effect 30 days after the date of the enactment of this Act.

(b) Amendments Relating to Bankruptcy Judges and Incumbent United States Trustees. Subtitle A of title I, and sections 301 and 307(a), shall take effect on the date of the enactment of this Act.

(c) Amendments Relating to Family Farmers.

Consumer Bankruptcy Law and Practice: Sec. 105. Participation by Bankruptcy Administrator at Meetings of Creditors and Equity Security Holders.

(a) Presiding Officer. A bankruptcy administrator appointed under section 302(d)(3)(i) of the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 (28 U.S.C. 581 note; Public Law 99-554; 100 Stat. 3123), as amended by section 317(a) of the Federal Courts Study Committee Implementation Act of 1990 (Public Law 101-650; 104 Stat. 5115), or the bankruptcy administrator’s designee may preside at the meeting of creditors convened under section 341(a) of title 11, United States Code.

Consumer Bankruptcy Law and Practice: Sec. 304. Protection of Child Support and Alimony.

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(g) Appearance Before Court. Child support creditors or their representatives shall be permitted to appear and intervene without charge, and without meeting any special local court rule requirement for attorney appearances, in any bankruptcy case or proceeding in any bankruptcy court or district court of the United States if such creditors or representatives file a form in such court that contains information detailing the child support debt, its status, and other characteristics.

Consumer Bankruptcy Law and Practice: Sec. 702. Effective Date; Application of Amendments.

(a) Effective Date. Except as provided in subsection (b), this Act shall take effect on the date of the enactment of this Act.

(b) Application of Amendments.

(1) Except as provided in paragraph (2), the amendments made by this Act shall not apply with respect to cases commenced under title 11 of the United States Code before the date of the enactment of this Act.

Consumer Bankruptcy Law and Practice: Sec. 103. Sense of Congress and Study.

(a) Sense of Congress. It is the sense of Congress that the Secretary of the Treasury has the authority to alter the Internal Revenue Service standards established to set guidelines for repayment plans as needed to accommodate their use under section 707(b) of title 11, United States Code.

(b) Study.

Consumer Bankruptcy Law and Practice: Sec. 105. Debtor Financial Management Training Test Program.

(a) Development of Financial Management and Training Curriculum and Materials. The Director of the Executive Office for United States Trustees (in this section referred to as the “Director”) shall consult with a wide range of individuals who are experts in the field of debtor education, including trustees who serve in cases under chapter 13 of title 11, United States Code, and who operate financial management education programs for debtors, and shall develop a financial management training curriculum and materials that can be used to educate debtors wh

Consumer Bankruptcy Law and Practice: Sec. 107. Schedules of Reasonable and Necessary Expenses.

For purposes of section 707(b) of title 11, United States Code, as amended by this Act, the Director of the Executive Office for United States Trustees shall, not later than 180 days after the date of enactment of this Act, issue schedules of reasonable and necessary administrative expenses of administering a chapter 13 plan for each judicial district of the United States.

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Consumer Bankruptcy Law and Practice: Sec. 205. GAO Study and Report on Reaffirmation Agreement Process.

(a) Study. The Comptroller General of the United States shall conduct a study of the reaffirmation agreement process that occurs under title 11 of the United States Code, to determine the overall treatment of consumers within the context of such process, and shall include in such study consideration of—

(1) the policies and activities of creditors with respect to reaffirmation agreements; and

Consumer Bankruptcy Law and Practice: Sec. 230. GAO Study.

(a) Study. Not later than 270 days after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study of the feasibility, effectiveness, and cost of requiring trustees appointed under title 11, United States Code, or the bankruptcy courts, to provide to the Office of Child Support Enforcement promptly after the commencement of cases by debtors who are individuals under such title, the names and social security account numbers of such debtors for the purposes of allowing such Office to determine whether such debt

Consumer Bankruptcy Law and Practice: Sec. 315. Giving Creditors Fair Notice in Chapters 7 and 13 Cases.

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(c)(1) Not later than 180 days after the date of the enactment of this Act, the Director of the Administrative Office of the United States Courts shall establish procedures for safeguarding the confidentiality of any tax information required to be provided under this section.

(2) The procedures under paragraph (1) shall include restrictions on creditor access to tax information that is required to be provided under this section.

Consumer Bankruptcy Law and Practice: Sec. 319. Sense of Congress Regarding Expansion of Rule 9011 of the Federal Rules of Bankruptcy Procedure.

It is the sense of Congress that rule 9011 of the Federal Rules of Bankruptcy Procedure (11 U.S.C. App.) should be modified to include a requirement that all documents (including schedules), signed and unsigned, submitted to the court or to a trustee by debtors who represent themselves and debtors who are represented by attorneys be submitted only after the debtors or the debtors’ attorneys have made reasonable inquiry to verify that the information contained in such documents is—

(1) well grounded in fact; and

Consumer Bankruptcy Law and Practice: Sec. 604. Sense of Congress Regarding Availability of Bankruptcy Data.

It is the sense of Congress that—

(1) the national policy of the United States should be that all data held by bankruptcy clerks in electronic form, to the extent such data reflects only public records (as defined in section 107 of title 11, United States Code), should be released in a usable electronic form in bulk to the public, subject to such appropriate privacy concerns and safeguards as Congress and the Judicial Conference of the United States may determine; and

Consumer Bankruptcy Law and Practice: Sec. 1001. Permanent Reenactment of Chapter 12.

(a) Reenactment.

(1) In General. Chapter 12 of title 11, United States Code, as reenacted by section 149 of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277), and as in effect on June 30, 2005, is hereby reenacted.

(2) Effective Date of Reenactment. Paragraph (1) shall take effect on July 1, 2005.