Bankruptcy Administration Improvement Act of 2017

H.R. 3553 · 115th Congress · Jul 28, 2017 · Lineage

A BILL

To amend title 11 of the United States Code to increase the amount of compensation paid to chapter 7 bankruptcy trustees for services rendered.

Section 1 Short title

This Act may be cited as the “Bankruptcy Administration Improvement Act of 2017”.

Sec. 2 Findings

The Congress finds that—

(1)

the amount of compensation paid to trustees serving in bankruptcy cases under chapter 7 of title 11 of the United States Code has not been increased since 1995, and

(2)

the amendments made by this Act will not modify, impair, or supersede the current authority of the district courts of the United States, or of bankruptcy courts, to waive the payment of filing fees by indigent individuals.

Sec. 3 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)(1), 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 dollar amounts in effect under sections 330(b)(1) and 330(b)(2), to round to the nearest $1 the dollar amount that represents such change.”

(B)

in subsection (b) by inserting “330(b)(1), 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).”

(B)

in subsection (b)(1) by striking “$45” and inserting “$105”.

Sec. 4 Bankruptcy Fees

Section 1930(1)(A) of title 28 of the United States Code is amended by striking “$245” and inserting “$305”.

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.