109th CONGRESS
2d Session
H. R. 5757
To amend title 11 of the United States Code with respect to converting
chapter 7 cases of certain debtors who are victims of identity theft.
IN THE HOUSE OF REPRESENTATIVES
July 11, 2006
Mr. BROWN of Ohio (for himself and Mr. SCHIFF) introduced the following
bill; which was referred to the Committee on the Judiciary
A BILL
To amend title 11 of the United States Code with respect to converting
chapter 7 cases of certain debtors who are victims of identity theft.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. AMENDMENTS TO TITLE 11 OF THE UNITED STATES CODE.
Title 11 of the United States Code is amended--
(A) by redesignating paragraph (23B) as paragraph (23C), and
(B) by inserting after paragraph (23A) the following:
`(23B) The term `identity theft' means a fraud committed by a person other
than the debtor and the debtor's spouse, by using personally identifiable
information of the debtor.', and
(2) in section 707(b) by adding at the end the following:
`(8) No judge, United States trustee (or bankruptcy administrator, if any),
trustee, or other party in interest may file a motion under paragraph (2)
if the aggregate amount of the allowed claims against the debtor (or in
a joint case, the debtor and the debtor's spouse) that arose in any 12-month
period in the 3-year period ending on the date of the commencement of the
case and that resulted from identity theft exceeds--
`(A) $20,000 (or in a joint case, $40,000);
`(B) 50 percent of the aggregate amount of all allowed claims against
the debtor (or in a joint case, the debtor and the debtor's spouse); or
`(C) 25 percent of the debtor's (or in a joint case, the debtor's and
such spouse's) gross income for the 12-month period in which the claims
resulting from identity theft arose.'.
SEC. 2. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date- Except as provided in paragraph (2), this Act and the
amendments made by this Act shall take effect on May 1, 2006.
(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.
END
