Page:United States Statutes at Large Volume 119.djvu/41

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PUBLIC LAW 109-000—MMMM. DD, 2005

PUBLIC LAW 109–8—APR. 20, 2005

119 STAT. 23

Public Law 109–8 109th Congress An Act Apr. 20, 2005 [S. 256]

To amend title 11 of the United States Code, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Bankruptcy Abuse Prevention and Consumer Protection Act of 2005’’. (b) TABLE OF CONTENTS.—The table of contents for this Act is as follows:

Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. 11 USC 101 note.

Sec. 1. Short title; references; table of contents. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

101. 102. 103. 104. 105. 106. 107.

TITLE I—NEEDS-BASED BANKRUPTCY Conversion. Dismissal or conversion. Sense of Congress and study. Notice of alternatives. Debtor financial management training test program. Credit counseling. Schedules of reasonable and necessary expenses. TITLE II—ENHANCED CONSUMER PROTECTION

Sec. Sec. Sec. Sec. Sec.

201. 202. 203. 204. 205.

Subtitle A—Penalties for Abusive Creditor Practices Promotion of alternative dispute resolution. Effect of discharge. Discouraging abuse of reaffirmation agreement practices. Preservation of claims and defenses upon sale of predatory loans. GAO study and report on reaffirmation agreement process.

Sec. 218. Sec. 219. Sec. 220.

Subtitle B—Priority Child Support Definition of domestic support obligation. Priorities for claims for domestic support obligations. Requirements to obtain confirmation and discharge in cases involving domestic support obligations. Exceptions to automatic stay in domestic support obligation proceedings. Nondischargeability of certain debts for alimony, maintenance, and support. Continued liability of property. Protection of domestic support claims against preferential transfer motions. Disposable income defined. Collection of child support. Nondischargeability of certain educational benefits and loans.

Sec. Sec. Sec. Sec. Sec.

Subtitle C—Other Consumer Protections Amendments to discourage abusive bankruptcy filings. Sense of Congress. Additional amendments to title 11, United States Code. Protection of retirement savings in bankruptcy. Protection of education savings in bankruptcy.

Sec. 211. Sec. 212. Sec. 213. Sec. 214. Sec. 215. Sec. 216. Sec. 217.

VerDate 14-DEC-2004

221. 222. 223. 224. 225.

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