Page:United States Statutes at Large Volume 119.djvu/112

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PUBLIC LAW 109-000—MMMM. DD, 2005

119 STAT. 94

PUBLIC LAW 109–8—APR. 20, 2005 ‘‘(B) may be less than 3 or 5 years, whichever is applicable under subparagraph (A), but only if the plan provides for payment in full of all allowed unsecured claims over a shorter period.’’; and (4) in section 1329(c), by striking ‘‘three years’’ and inserting ‘‘the applicable commitment period under section 1325(b)(1)(B)’’. 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 (2) warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law. SEC. 320. PROMPT RELIEF FROM STAY IN INDIVIDUAL CASES.

Termination date.

Section 362(e) of title 11, United States Code, is amended— (1) by inserting ‘‘(1)’’ after ‘‘(e)’’; and (2) by adding at the end the following: ‘‘(2) Notwithstanding paragraph (1), in a case under chapter 7, 11, or 13 in which the debtor is an individual, the stay under subsection (a) shall terminate on the date that is 60 days after a request is made by a party in interest under subsection (d), unless— ‘‘(A) a final decision is rendered by the court during the 60-day period beginning on the date of the request; or ‘‘(B) such 60-day period is extended— ‘‘(i) by agreement of all parties in interest; or ‘‘(ii) by the court for such specific period of time as the court finds is required for good cause, as described in findings made by the court.’’. SEC. 321. CHAPTER 11 CASES FILED BY INDIVIDUALS.

(a) PROPERTY OF THE ESTATE.— (1) IN GENERAL.—Subchapter I of chapter 11 of title 11, United States Code, is amended by adding at the end the following: ‘‘§ 1115. Property of the estate ‘‘(a) In a case in which the debtor is an individual, property of the estate includes, in addition to the property specified in section 541— ‘‘(1) all property of the kind specified in section 541 that the debtor acquires after the commencement of the case but before the case is closed, dismissed, or converted to a case under chapter 7, 12, or 13, whichever occurs first; and ‘‘(2) earnings from services performed by the debtor after the commencement of the case but before the case is closed, dismissed, or converted to a case under chapter 7, 12, or 13, whichever occurs first.

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