119 STAT. 122
PUBLIC LAW 109–8—APR. 20, 2005
that would have been incurred absent a bankruptcy case and those not); and ‘‘(7) plans of reorganization filed and confirmed and, with respect thereto, by class, the recoveries of the holders, expressed in aggregate dollar values and, in the case of claims, as a percentage of total claims of the class allowed.’’. (b) CLERICAL AMENDMENT.—The table of sections for chapter 39 of title 28, United States Code, is amended by adding at the end the following: ‘‘589b. Bankruptcy data.’’. SEC. 603. AUDIT PROCEDURES. 28 USC 586 note.
Public information.
Reports.
VerDate 14-DEC-2004
08:19 Oct 26, 2006
(a) IN GENERAL.— (1) ESTABLISHMENT OF PROCEDURES.—The Attorney General (in judicial districts served by United States trustees) and the Judicial Conference of the United States (in judicial districts served by bankruptcy administrators) shall establish procedures to determine the accuracy, veracity, and completeness of petitions, schedules, and other information that the debtor is required to provide under sections 521 and 1322 of title 11, United States Code, and, if applicable, section 111 of such title, in cases filed under chapter 7 or 13 of such title in which the debtor is an individual. Such audits shall be in accordance with generally accepted auditing standards and performed by independent certified public accountants or independent licensed public accountants, provided that the Attorney General and the Judicial Conference, as appropriate, may develop alternative auditing standards not later than 2 years after the date of enactment of this Act. (2) PROCEDURES.—Those procedures required by paragraph (1) shall— (A) establish a method of selecting appropriate qualified persons to contract to perform those audits; (B) establish a method of randomly selecting cases to be audited, except that not less than 1 out of every 250 cases in each Federal judicial district shall be selected for audit; (C) require audits of schedules of income and expenses that reflect greater than average variances from the statistical norm of the district in which the schedules were filed if those variances occur by reason of higher income or higher expenses than the statistical norm of the district in which the schedules were filed; and (D) establish procedures for providing, not less frequently than annually, public information concerning the aggregate results of such audits including the percentage of cases, by district, in which a material misstatement of income or expenditures is reported. (b) AMENDMENTS.—Section 586 of title 28, United States Code, is amended— (1) in subsection (a), by striking paragraph (6) and inserting the following: ‘‘(6) make such reports as the Attorney General directs, including the results of audits performed under section 603(a) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005;’’; and
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