PUBLIC LAW 109–8—APR. 20, 2005
119 STAT. 33
the reasons the United States trustee (or the bankruptcy administrator, if any) does not consider such a motion to be appropriate, if the United States trustee (or the bankruptcy administrator, if any) determines that the debtor’s case should be presumed to be an abuse under section 707(b) and the product of the debtor’s current monthly income, multiplied by 12 is not 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; or ‘‘(B) in the case of a debtor in a household of 2 or more individuals, the highest median family income of the applicable State for a family of the same number or fewer individuals.’’. (d) NOTICE.—Section 342 of title 11, United States Code, is amended by adding at the end the following: ‘‘(d) In a case under chapter 7 of this title in which the debtor is an individual and in which the presumption of abuse arises under section 707(b), the clerk shall give written notice to all creditors not later than 10 days after the date of the filing of the petition that the presumption of abuse has arisen.’’. (e) NONLIMITATION OF INFORMATION.—Nothing in this title shall limit the ability of a creditor to provide information to a judge (except for information communicated ex parte, unless otherwise permitted by applicable law), United States trustee (or bankruptcy administrator, if any), or trustee. (f) DISMISSAL FOR CERTAIN CRIMES.—Section 707 of title 11, United States Code, is amended by adding at the end the following: ‘‘(c)(1) In this subsection— ‘‘(A) the term ‘crime of violence’ has the meaning given such term in section 16 of title 18; and ‘‘(B) the term ‘drug trafficking crime’ has the meaning given such term in section 924(c)(2) of title 18. ‘‘(2) Except as provided in paragraph (3), after notice and a hearing, the court, on a motion by the victim of a crime of violence or a drug trafficking crime, may when it is in the best interest of the victim dismiss a voluntary case filed under this chapter by a debtor who is an individual if such individual was convicted of such crime. ‘‘(3) The court may not dismiss a case under paragraph (2) if the debtor establishes by a preponderance of the evidence that the filing of a case under this chapter is necessary to satisfy a claim for a domestic support obligation.’’. (g) CONFIRMATION OF PLAN.—Section 1325(a) of title 11, United States Code, is amended— (1) in paragraph (5), by striking ‘‘and’’ at the end; (2) in paragraph (6), by striking the period and inserting a semicolon; and (3) by inserting after paragraph (6) the following: ‘‘(7) the action of the debtor in filing the petition was in good faith;’’. (h) APPLICABILITY OF MEANS TEST TO CHAPTER 13.—Section 1325(b) of title 11, United States Code, is amended— (1) in paragraph (1)(B), by inserting ‘‘to unsecured creditors’’ after ‘‘to make payments’’; and (2) by striking paragraph (2) and inserting the following: ‘‘(2) For purposes of this subsection, the term ‘disposable income’ means current monthly income received by the debtor (other than child support payments, foster care payments, or
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