Page:United States Statutes at Large Volume 119.djvu/117

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PUBLIC LAW 109-000—MMMM. DD, 2005

PUBLIC LAW 109–8—APR. 20, 2005

119 STAT. 99

(b) UNITED STATES TRUSTEE SYSTEM FUND.—Section 589a(b) of title 28, United States Code, is amended— (1) by striking paragraph (1) and inserting the following: ‘‘(1)(A) 40.63 percent of the fees collected under section 1930(a)(1)(A) of this title; and ‘‘(B) 70.00 percent of the fees collected under section 1930(a)(1)(B);’’; (2) in paragraph (2), by striking ‘‘one-half’’ and inserting ‘‘75 percent’’; and (3) in paragraph (4), by striking ‘‘one-half’’ and inserting ‘‘100 percent’’. (c) COLLECTION AND DEPOSIT OF MISCELLANEOUS BANKRUPTCY FEES.—Section 406(b) of the Judiciary Appropriations Act, 1990 (28 U.S.C. 1931 note) is amended by striking ‘‘pursuant to 28 U.S.C. section 1930(b)’’ and all that follows through ‘‘28 U.S.C. section 1931’’ and inserting ‘‘under section 1930(b) of title 28, United States Code, 31.25 of the fees collected under section 1930(a)(1)(A) of that title, 30.00 percent of the fees collected under section 1930(a)(1)(B) of that title, and 25 percent of the fees collected under section 1930(a)(3) of that title shall be deposited as offsetting receipts to the fund established under section 1931 of that title’’. (d) SUNSET DATE.—The amendments made by subsections (b) and (c) shall be effective during the 2-year period beginning on the date of enactment of this Act. (e) USE OF INCREASED RECEIPTS.— (1) JUDGES’ SALARIES AND BENEFITS.—The amount of fees collected under paragraphs (1) and (3) of section 1930(a) of title 28, United States Code, during the 5-year period beginning on the date of enactment of this Act, that is greater than the amount that would have been collected if the amendments made by subsection (a) had not taken effect shall be used, to the extent necessary, to pay the salaries and benefits of the judges appointed pursuant to section 1223 of this Act. (2) REMAINDER.—Any amount described in paragraph (1), which is not used for the purpose described in paragraph (1), shall be deposited into the Treasury of the United States to the extent necessary to offset the decrease in governmental receipts resulting from the amendments made by subsections (b) and (c).

28 USC 589a note. 28 USC 1930 note.

SEC. 326. SHARING OF COMPENSATION.

Section 504 of title 11, United States Code, is amended by adding at the end the following: ‘‘(c) This section shall not apply with respect to sharing, or agreeing to share, compensation with a bona fide public service attorney referral program that operates in accordance with nonFederal law regulating attorney referral services and with rules of professional responsibility applicable to attorney acceptance of referrals.’’. SEC. 327. FAIR VALUATION OF COLLATERAL.

Section 506(a) of title 11, United States Code, is amended by— (1) inserting ‘‘(1)’’ after ‘‘(a)’’; and (2) by adding at the end the following: ‘‘(2) If the debtor is an individual in a case under chapter 7 or 13, such value with respect to personal property securing an allowed claim shall be determined based on the replacement

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