Page:United States Statutes at Large Volume 108 Part 5.djvu/621

 PUBLIC LAW 103-394—OCT. 22, 1994 108 STAT. 4111 SEC. 105. PARTICIPATION BY BANKRUPTCY ADMINISTRATOR AT 11 USC 341 MEETINGS OF CREDITORS AND EQUITY SECURITY HOLD- note. ERS. (a) PRESIDING OFFICER. — ^A bankruptcy administrator appointed under section 302(d)(3)(I) of the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 (28 U.S.C. 581 note; Public Law 99-554; 100 Stat. 3123), as amended by section 317(a) of the Federal Courts Study Committee Implementation Act of 1990 (Public Law 101-650; 104 Stat. 5115), or the bankruptcy administrator's designee may preside at the meeting of creditors convened under section 341(a) of title 11, United States Code. The bankruptcy administrator or the bankruptcy administrator's designee may preside at any meeting of equity security holders convened under section 341(b) of title 11, United States Code. (b) EXAMINATION OF THE DEBTOR. — The bankruptcy administrator or the bankruptcy administrator's designee may examine the debtor at the meeting of creditors and may administer the oath required under section 343 of title 11, United States Code. SEC. 106. DEFINITION RELATING TO ELIGIBILITY TO SERVE ON CHAP- TER 11 COMMITTEES. Section 101(41) of title 11, United States Code, is amended to read as follows: "(41) 'person' includes individual, partnership, and corporation, but does not include governmental unit, except that a governmental imit that— "(A) acquires an asset from a person— "(i) as a result of the operation of a loan guarantee agreement; or "(ii) as receiver or liquidating agent of a person; "(B) is a guarantor of a pension benefit payable by or on behalf of the debtor or an affiliate of the debtor; or "(C) is the legal or beneficial owner of an asset of— "(i) an employee pension benefit plan that is a governmental plan, as defined in section 414(d) of the Internal Revenue Code of 1986; or "(ii) an eligible deferred compensation plan, as defined in section 457(b) of the Internal Revenue Code of 1986; shall be considered, for purposes of section 1102 of this title, to be a person with respect to such asset or such benefit;". SEC. 107. INCREASED INCENTIVE COMPENSATION FOR TRUSTEES. Section 326(a) of title 11, United States Code, is amended - by striking "fifteen" and all that follows through "$3,000" the last place it appears, and inserting the following: "25 percent on the first $5,000 or less, 10 percent on any amount in excess of $5,000 but not in excess of $50,000, 5 percent on any amount in excess of $50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3 percent of such moneys in excess of $1,000,000". SEC. 108. DOLLAR ADJUSTMENTS. (a) WHO MAY BE A DEBTOR UNDER CHAPTER 13.— Section 109(e) of title 11, United States Code, is amended— (1) by striking "$100,000" each place it appears and inserting "$250,000", and

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