109 HR 5757 IH: To amend title 11 of the United States Code with respect
U.S. House of Representatives
2006-07-11
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EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.Amendments to title 11 of the
United States CodeTitle 11 of
the United States Code is amended—
(1)in
section 101—
(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.
.
2.Effective date;
application of amendments
(a)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
amendmentsThe 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.