Page:United States Statutes at Large Volume 119.djvu/49

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PUBLIC LAW 109-000—MMMM. DD, 2005

PUBLIC LAW 109–8—APR. 20, 2005

119 STAT. 31

‘‘(II) the attorney (if any) who filed the motion did not comply with the requirements of clauses (i) and (ii) of paragraph (4)(C), and the motion was made solely for the purpose of coercing a debtor into waiving a right guaranteed to the debtor under this title. ‘‘(B) A small business that has a claim of an aggregate amount less than $1,000 shall not be subject to subparagraph (A)(ii)(I). ‘‘(C) For purposes of this paragraph— ‘‘(i) the term ‘small business’ means an unincorporated business, partnership, corporation, association, or organization that— ‘‘(I) has fewer than 25 full-time employees as determined on the date on which the motion is filed; and ‘‘(II) is engaged in commercial or business activity; and ‘‘(ii) the number of employees of a wholly owned subsidiary of a corporation includes the employees of— ‘‘(I) a parent corporation; and ‘‘(II) any other subsidiary corporation of the parent corporation. ‘‘(6) Only the judge or United States trustee (or bankruptcy administrator, if any) may file a motion under section 707(b), if the current monthly income of the debtor, or in a joint case, the debtor and the debtor’s spouse, as of the date of the order for relief, when multiplied by 12, is equal to or less than— ‘‘(A) in the case of a debtor in a household of 1 person, the median family income of the applicable State for 1 earner; ‘‘(B) in the case of a debtor in a household of 2, 3, or 4 individuals, the highest median family income of the applicable State for a family of the same number or fewer individuals; or ‘‘(C) in the case of a debtor in a household exceeding 4 individuals, the highest median family income of the applicable State for a family of 4 or fewer individuals, plus $525 per month for each individual in excess of 4. ‘‘(7)(A) No judge, United States trustee (or bankruptcy administrator, if any), trustee, or other party in interest may file a motion under paragraph (2) if the current monthly income of the debtor, including a veteran (as that term is defined in section 101 of title 38), and the debtor’s spouse combined, as of the date of the order for relief when multiplied by 12, is equal to or less than— ‘‘(i) in the case of a debtor in a household of 1 person, the median family income of the applicable State for 1 earner; ‘‘(ii) in the case of a debtor in a household of 2, 3, or 4 individuals, the highest median family income of the applicable State for a family of the same number or fewer individuals; or ‘‘(iii) in the case of a debtor in a household exceeding 4 individuals, the highest median family income of the applicable State for a family of 4 or fewer individuals, plus $525 per month for each individual in excess of 4. ‘‘(B) In a case that is not a joint case, current monthly income of the debtor’s spouse shall not be considered for purposes of subparagraph (A) if— ‘‘(i)(I) the debtor and the debtor’s spouse are separated under applicable nonbankruptcy law; or

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