Page:United States Statutes at Large Volume 119.djvu/132

 119 STAT. 114

PUBLIC LAW 109–8—APR. 20, 2005 ‘‘(H) in small business cases (as defined in section 101 of title 11), performing the additional duties specified in title 11 pertaining to such cases; and’’; (2) in paragraph (5), by striking ‘‘and’’ at the end; (3) in paragraph (6), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: ‘‘(7) in each of such small business cases— ‘‘(A) conduct an initial debtor interview as soon as practicable after the date of the order for relief but before the first meeting scheduled under section 341(a) of title 11, at which time the United States trustee shall— ‘‘(i) begin to investigate the debtor’s viability; ‘‘(ii) inquire about the debtor’s business plan; ‘‘(iii) explain the debtor’s obligations to file monthly operating reports and other required reports; ‘‘(iv) attempt to develop an agreed scheduling order; and ‘‘(v) inform the debtor of other obligations; ‘‘(B) if determined to be appropriate and advisable, visit the appropriate business premises of the debtor, ascertain the state of the debtor’s books and records, and verify that the debtor has filed its tax returns; and ‘‘(C) review and monitor diligently the debtor’s activities, to identify as promptly as possible whether the debtor will be unable to confirm a plan; and ‘‘(8) in any case in which the United States trustee finds material grounds for any relief under section 1112 of title 11, the United States trustee shall apply promptly after making that finding to the court for relief.’’.

Applicability.

SEC. 440. SCHEDULING CONFERENCES.

Section 105(d) of title 11, United States Code, is amended— (1) in the matter preceding paragraph (1), by striking ‘‘, may’’; and (2) by striking paragraph (1) and inserting the following: ‘‘(1) shall hold such status conferences as are necessary to further the expeditious and economical resolution of the case; and’’. SEC. 441. SERIAL FILER PROVISIONS.

Section 362 of title 11, United States Code, as amended by sections 106, 305, and 311, is amended— (1) in subsection (k), as so redesignated by section 305— (A) by striking ‘‘An’’ and inserting ‘‘(1) Except as provided in paragraph (2), an’’; and (B) by adding at the end the following: ‘‘(2) If such violation is based on an action taken by an entity in the good faith belief that subsection (h) applies to the debtor, the recovery under paragraph (1) of this subsection against such entity shall be limited to actual damages.’’; and (2) by adding at the end the following: ‘‘(n)(1) Except as provided in paragraph (2), subsection (a) does not apply in a case in which the debtor— ‘‘(A) is a debtor in a small business case pending at the time the petition is filed; ‘‘(B) was a debtor in a small business case that was dismissed for any reason by an order that became final in the

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