Page:United States Statutes at Large Volume 119.djvu/125

 PUBLIC LAW 109–8—APR. 20, 2005

119 STAT. 107

‘‘(B) The 180-day period specified in paragraph (1) may not be extended beyond a date that is 20 months after the date of the order for relief under this chapter.’’. SEC. 412. FEES ARISING FROM CERTAIN OWNERSHIP INTERESTS.

Section 523(a)(16) of title 11, United States Code, is amended— (1) by striking ‘‘dwelling’’ the first place it appears; (2) by striking ‘‘ownership or’’ and inserting ‘‘ownership,’’; (3) by striking ‘‘housing’’ the first place it appears; and (4) by striking ‘‘but only’’ and all that follows through ‘‘such period,’’ and inserting ‘‘or a lot in a homeowners association, for as long as the debtor or the trustee has a legal, equitable, or possessory ownership interest in such unit, such corporation, or such lot,’’. SEC. 413. CREDITOR REPRESENTATION AT FIRST MEETING OF CREDITORS.

Section 341(c) of title 11, United States Code, is amended by inserting at the end the following: ‘‘Notwithstanding any local court rule, provision of a State constitution, any otherwise applicable nonbankruptcy law, or any other requirement that representation at the meeting of creditors under subsection (a) be by an attorney, a creditor holding a consumer debt or any representative of the creditor (which may include an entity or an employee of an entity and may be a representative for more than 1 creditor) shall be permitted to appear at and participate in the meeting of creditors in a case under chapter 7 or 13, either alone or in conjunction with an attorney for the creditor. Nothing in this subsection shall be construed to require any creditor to be represented by an attorney at any meeting of creditors.’’. SEC. 414. DEFINITION OF DISINTERESTED PERSON.

Section 101(14) of title 11, United States Code, is amended to read as follows: ‘‘(14) ‘disinterested person’ means a person that— ‘‘(A) is not a creditor, an equity security holder, or an insider; ‘‘(B) is not and was not, within 2 years before the date of the filing of the petition, a director, officer, or employee of the debtor; and ‘‘(C) does not have an interest materially adverse to the interest of the estate or of any class of creditors or equity security holders, by reason of any direct or indirect relationship to, connection with, or interest in, the debtor, or for any other reason;’’. SEC. 415. FACTORS FOR COMPENSATION OF PROFESSIONAL PERSONS.

Section 330(a)(3) of title 11, United States Code, is amended— (1) in subparagraph (D), by striking ‘‘and’’ at the end; (2) by redesignating subparagraph (E) as subparagraph (F); and (3) by inserting after subparagraph (D) the following: ‘‘(E) with respect to a professional person, whether the person is board certified or otherwise has demonstrated skill and experience in the bankruptcy field; and’’. SEC. 416. APPOINTMENT OF ELECTED TRUSTEE.

Section 1104(b) of title 11, United States Code, is amended—

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