Bankruptcy Administration Improvement Act of 2012 - Amends federal bankruptcy law to: (1) round to the nearest $5 any Consumer Price Index (CPI) increase in the trustee fee for services rendered in a case under chapter 7 (Liquidation); (2) increase that fee from $15 to $75; and (3) authorize the court, in determining the amount of reasonable compensation to be awarded to a trustee under chapter 7, to treat such compensation as a commission.
Prohibits the waiver of the trustee fee if an individual debtor is able to pay in installments in chapter 7 cases.
Repeals the requirement that, when a trustee is not serving a chapter 7 case involving an employee benefit plan, the debtor continue to perform the obligations required of the plan administrator if at the time of the commencement of the case the debtor (or a designee entity) served as the administrator. Repeals the duty of a trustee, in such a circumstance, to continue to perform such administrative obligations.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6349 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 6349
To amend title 11 of the United States Code to increase the maximum
amount that may be paid to trustees for services rendered; to repeal
provisions relating the trustee administration of certain employee
pension plans; and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 2, 2012
Mr. Ross of Florida (for himself, Mr. Coble, and Mr. Johnson of
Georgia) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 11 of the United States Code to increase the maximum
amount that may be paid to trustees for services rendered; to repeal
provisions relating the trustee administration of certain employee
pension plans; 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.
This Act may be cited as the ``Bankruptcy Administration
Improvement Act of 2012''.
SEC. 2. COMPENSATION OF TRUSTEES IN CASES UNDER CHAPTER 7.
Title 11 of the United States Code is amended--
(1) in section 104--
(A) in subsection (a)--
(i) by inserting ``330(b)(2),'' after
``303(b),'',
(ii) in paragraph (1) by striking ``and''
at the end,
(iii) in paragraph (2)--
(I) by inserting ``except as
provided in paragraph (3),'' after
``(2)'', and
(II) by striking the period at the
end and inserting ``; and'', and
(iv) by adding at the end the following:
``(3) with respect to the amount specified in section
330(b)(2), to round to the nearest $5 the dollar amount that
represents such change.'', and
(B) in subsection (b) by inserting ``330(b)(2),''
after ``303(b),'', and
(2) in section 330--
(A) by amending subsection (a)(7) to read as
follows:
``(7) In determining the amount of reasonable compensation to be
awarded to a trustee under chapter 7, the court shall treat such
compensation as a commission, based on section 326(a).'', and
(B) in subsection (b)(2) by striking ``$15'' and
inserting ``$75''.
SEC. 3. LIMITATION ON WAIVER OF FILING FEES IN CASES UNDER CHAPTER 7.
The last sentence of section 1930(f)(1) of title 28, United States
Code, is amended by inserting ``(excluding any part of such fee that is
required under section 330(b) of title 11 to be paid to a trustee and
that such individual is able to pay in installments)'' after
``subsection (a)''.
SEC. 4. REPEAL OF PROVISIONS RELATING TO THE ADMINISTRATION OF CERTAIN
EMPLOYEE BENEFIT PLANS.
(a) In General.--Section 521(a) of title 11, United States Code, is
amended--
(1) in paragraph (5) by adding ``and'' at the end,
(2) in paragraph (6) by striking ``; and'' and inserting a
period, and
(3) by striking paragraph (7).
(b) Duties of Trustees.--Section 704(a) of title 11, United States
Code, is amended--
(1) in paragraph (10) by adding ``and'' at the end,
(2) by striking paragraph (11), and
(3) by redesignating paragraph (12) as paragraph (11).
(c) Conforming Amendment.--Section 1106(a)(1) of title 11, United
States Code, is amended by striking ``(11),''.
SEC. 5. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--Except as provided in subsection (b), this Act
and the amendments made by this Act shall take effect on the 1st day of
the 1st month that begins more than 180 days after the date of the
enactment of this Act.
(b) Application of Amendments.--The amendments made by this Act
shall apply only with respect to cases commenced under title 11 of the
United States Code on or after the effective date of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Courts, Commercial and Administrative Law.
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