[20030722]RS21515_H、 R.1529 非自愿破产改善法案.pdf

1 H.Rept. 108-110, 108th Cong., 1st Sess. (2003). An identical bill, S. 1128,108th Cong., 1st Sess.(2003) was introduced in the Senate on May 22, 2003.2 11 U.S.C. 301, 362.3 11 U.S.C. 303(h).(continued.)Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS21515Updated July 22, 2003H.R. 1529: The Involuntary BankruptcyImprovement ActRobin JewelerLegislative AttorneyAmerican Law DivisionSummaryH.R. 1529 is intended to combat what some believe is a growing trend of frivolousinvoluntary bankruptcy filings by creditors acting in bad faith or to harass a debtor. The bill would amend 11 U.S.C. 303 by adding a new subsection (l). The subsectionwould give debtors two new remedies against bad faith filings. First, if a petition thatis filed against an individual debtor is subsequently dismissed, and the court finds thatthe filing included false, fictitious, or fraudulent statements, then, at the debtors request,the court must expunge all records relating to the filing. Second, the court may issuean order prohibiting all consumer reporting agencies from reporting any informationrelating to the filing.On April 1, 2003, Representa