Page:United States Statutes at Large Volume 119.djvu/217

 PUBLIC LAW 109–8—APR. 20, 2005

119 STAT. 199

SEC. 1224. COMPENSATING TRUSTEES.

Section 1326 of title 11, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (1), by striking ‘‘and’’; (B) in paragraph (2), by striking the period at the end and inserting ‘‘; and’’; and (C) by adding at the end the following: ‘‘(3) if a chapter 7 trustee has been allowed compensation due to the conversion or dismissal of the debtor’s prior case pursuant to section 707(b), and some portion of that compensation remains unpaid in a case converted to this chapter or in the case dismissed under section 707(b) and refiled under this chapter, the amount of any such unpaid compensation, which shall be paid monthly— ‘‘(A) by prorating such amount over the remaining duration of the plan; and ‘‘(B) by monthly payments not to exceed the greater of— ‘‘(i) $25; or ‘‘(ii) the amount payable to unsecured nonpriority creditors, as provided by the plan, multiplied by 5 percent, and the result divided by the number of months in the plan.’’; and (2) by adding at the end the following: ‘‘(d) Notwithstanding any other provision of this title— ‘‘(1) compensation referred to in subsection (b)(3) is payable and may be collected by the trustee under that paragraph, even if such amount has been discharged in a prior case under this title; and ‘‘(2) such compensation is payable in a case under this chapter only to the extent permitted by subsection (b)(3).’’. SEC. 1225. AMENDMENT TO SECTION 362 OF TITLE 11, UNITED STATES CODE.

Section 362(b)(18) of title 11, United States Code, is amended to read as follows: ‘‘(18) under subsection (a) of the creation or perfection of a statutory lien for an ad valorem property tax, or a special tax or special assessment on real property whether or not ad valorem, imposed by a governmental unit, if such tax or assessment comes due after the date of the filing of the petition;’’. SEC. 1226. JUDICIAL EDUCATION.

11 USC 101 note.

The Director of the Federal Judicial Center, in consultation with the Director of the Executive Office for United States Trustees, shall develop materials and conduct such training as may be useful to courts in implementing this Act and the amendments made by this Act, including the requirements relating to the means test under section 707(b), and reaffirmation agreements under section 524, of title 11 of the United States Code, as amended by this Act. SEC. 1227. RECLAMATION.

Deadlines.

(a) RIGHTS AND POWERS OF THE TRUSTEE.—Section 546(c) of title 11, United States Code, is amended to read as follows: ‘‘(c)(1) Except as provided in subsection (d) of this section and in section 507(c), and subject to the prior rights of a holder of

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