To amend title 11 of the United States Code to modify the application of chapter 7 relating to liquidation cases.

Summary

Amends Federal bankruptcy law to prescribe guidelines for a needs-based bankruptcy system which precludes individuals from filing for complete relief in bankruptcy under chapter 7 (Liquidation) if certain current monthly income is available to pay creditors. Sets forth formulae for income levels determinative of debtor eligibility for bankruptcy relief. Treats as having income available to pay creditors (and thus eligible for chapter 13 Adjustment of Debts of an Individual with Regular Income) any individual (or in a joint case, an individual and spouse combined) with: (1) a current monthly total income exceeding 75 percent of the State median family income for a family of equal size (or for one earner, 75 percent of the State median household income); (2) projected monthly net income exceeding $50; and (3) projected monthly net income sufficient to repay 20 percent or more of unsecured non-priority claims during a five-year repayment plan. Requires a party in interest to pay debtor's legal costs if such party fails to prevail on a procedural action to cause the dismissal or conversion of a chapter 7 case on the basis that the individual may not be a chapter 7 debtor. Requires a trustee to: (1) investigate and verify the debtor's monthly net income and other specified information the debtor provides; and (2) report annually to the court, with copies to claimholders, on any appropriate modification of the amount paid creditors under the plan because of changes in the debtor's monthly net income.

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3 official files

• Introduced in House (text)

  Introduced in House · EN · 19 January 1999

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• Introduced in House (PDF)

  Introduced in House · EN · 19 January 1999

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• Introduced in House

  summary · EN · 19 January 1999

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