119 STAT. 38
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VerDate 14-DEC-2004
08:19 Oct 26, 2006
PUBLIC LAW 109–8—APR. 20, 2005 with respect to his financial responsibilities; and ‘‘disability’’ means that the debtor is so physically impaired as to be unable, after reasonable effort, to participate in an in person, telephone, or Internet briefing required under paragraph (1). ’’. (b) CHAPTER 7 DISCHARGE.—Section 727(a) of title 11, United States Code, is amended— (1) in paragraph (9), by striking ‘‘or’’ at the end; (2) in paragraph (10), by striking the period and inserting ‘‘; or’’; and (3) by adding at the end the following: ‘‘(11) after filing the petition, the debtor failed to complete an instructional course concerning personal financial management described in section 111, except that this paragraph shall not apply with respect to a debtor who is a person described in section 109(h)(4) or who resides in a district for which the United States trustee (or the bankruptcy administrator, if any) determines that the approved instructional courses are not adequate to service the additional individuals who would otherwise be required to complete such instructional courses under this section (The United States trustee (or the bankruptcy administrator, if any) who makes a determination described in this paragraph shall review such determination not later than 1 year after the date of such determination, and not less frequently than annually thereafter.).’’. (c) CHAPTER 13 DISCHARGE.—Section 1328 of title 11, United States Code, is amended by adding at the end the following: ‘‘(g)(1) The court shall not grant a discharge under this section to a debtor unless after filing a petition the debtor has completed an instructional course concerning personal financial management described in section 111. ‘‘(2) Paragraph (1) shall not apply with respect to a debtor who is a person described in section 109(h)(4) or who resides in a district for which the United States trustee (or the bankruptcy administrator, if any) determines that the approved instructional courses are not adequate to service the additional individuals who would otherwise be required to complete such instructional course by reason of the requirements of paragraph (1). ‘‘(3) The United States trustee (or the bankruptcy administrator, if any) who makes a determination described in paragraph (2) shall review such determination not later than 1 year after the date of such determination, and not less frequently than annually thereafter.’’. (d) DEBTOR’S DUTIES.—Section 521 of title 11, United States Code, is amended— (1) by inserting ‘‘(a)’’ before ‘‘The debtor shall—’’; and (2) by adding at the end the following: ‘‘(b) In addition to the requirements under subsection (a), a debtor who is an individual shall file with the court— ‘‘(1) a certificate from the approved nonprofit budget and credit counseling agency that provided the debtor services under section 109(h) describing the services provided to the debtor; and ‘‘(2) a copy of the debt repayment plan, if any, developed under section 109(h) through the approved nonprofit budget and credit counseling agency referred to in paragraph (1).’’. (e) GENERAL PROVISIONS.—
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