Page:United States Statutes at Large Volume 119.djvu/119

 PUBLIC LAW 109–8—APR. 20, 2005

119 STAT. 101

SEC. 329. CLARIFICATION OF POSTPETITION WAGES AND BENEFITS.

Section 503(b)(1)(A) of title 11, United States Code, is amended to read as follows: ‘‘(A) the actual, necessary costs and expenses of preserving the estate including— ‘‘(i) wages, salaries, and commissions for services rendered after the commencement of the case; and ‘‘(ii) wages and benefits awarded pursuant to a judicial proceeding or a proceeding of the National Labor Relations Board as back pay attributable to any period of time occurring after commencement of the case under this title, as a result of a violation of Federal or State law by the debtor, without regard to the time of the occurrence of unlawful conduct on which such award is based or to whether any services were rendered, if the court determines that payment of wages and benefits by reason of the operation of this clause will not substantially increase the probability of layoff or termination of current employees, or of nonpayment of domestic support obligations, during the case under this title;’’. SEC. 330. DELAY OF DISCHARGE DURING PENDENCY OF CERTAIN PROCEEDINGS.

(a) CHAPTER 7.—Section 727(a) of title 11, United States Code, as amended by section 106, is amended— (1) in paragraph (10), by striking ‘‘or’’ at the end; (2) in paragraph (11) by striking the period at the end and inserting ‘‘; or’’; and (3) by inserting after paragraph (11) the following: ‘‘(12) the court after notice and a hearing held not more than 10 days before the date of the entry of the order granting the discharge finds that there is reasonable cause to believe that— ‘‘(A) section 522(q)(1) may be applicable to the debtor; and ‘‘(B) there is pending any proceeding in which the debtor may be found guilty of a felony of the kind described in section 522(q)(1)(A) or liable for a debt of the kind described in section 522(q)(1)(B).’’. (b) CHAPTER 11.—Section 1141(d) of title 11, United States Code, as amended by section 321, is amended by adding at the end the following: ‘‘(C) unless after notice and a hearing held not more than 10 days before the date of the entry of the order granting the discharge, the court finds that there is no reasonable cause to believe that— ‘‘(i) section 522(q)(1) may be applicable to the debtor; and ‘‘(ii) there is pending any proceeding in which the debtor may be found guilty of a felony of the kind described in section 522(q)(1)(A) or liable for a debt of the kind described in section 522(q)(1)(B).’’. (c) CHAPTER 12.—Section 1228 of title 11, United States Code, is amended— (1) in subsection (a) by striking ‘‘As’’ and inserting ‘‘Subject to subsection (d), as’’,

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