Page:United States Statutes at Large Volume 119.djvu/50

 119 STAT. 32

Deadlines.

VerDate 14-DEC-2004

08:19 Oct 26, 2006

PUBLIC LAW 109–8—APR. 20, 2005 ‘‘(II) the debtor and the debtor’s spouse are living separate and apart, other than for the purpose of evading subparagraph (A); and ‘‘(ii) the debtor files a statement under penalty of perjury— ‘‘(I) specifying that the debtor meets the requirement of subclause (I) or (II) of clause (i); and ‘‘(II) disclosing the aggregate, or best estimate of the aggregate, amount of any cash or money payments received from the debtor’s spouse attributed to the debtor’s current monthly income.’’. (b) DEFINITION.—Section 101 of title 11, United States Code, is amended by inserting after paragraph (10) the following: ‘‘(10A) ‘current monthly income’— ‘‘(A) means the average monthly income from all sources that the debtor receives (or in a joint case the debtor and the debtor’s spouse receive) without regard to whether such income is taxable income, derived during the 6-month period ending on— ‘‘(i) the last day of the calendar month immediately preceding the date of the commencement of the case if the debtor files the schedule of current income required by section 521(a)(1)(B)(ii); or ‘‘(ii) the date on which current income is determined by the court for purposes of this title if the debtor does not file the schedule of current income required by section 521(a)(1)(B)(ii); and ‘‘(B) includes any amount paid by any entity other than the debtor (or in a joint case the debtor and the debtor’s spouse), on a regular basis for the household expenses of the debtor or the debtor’s dependents (and in a joint case the debtor’s spouse if not otherwise a dependent), but excludes benefits received under the Social Security Act, payments to victims of war crimes or crimes against humanity on account of their status as victims of such crimes, and payments to victims of international terrorism (as defined in section 2331 of title 18) or domestic terrorism (as defined in section 2331 of title 18) on account of their status as victims of such terrorism;’’. (c) UNITED STATES TRUSTEE AND BANKRUPTCY ADMINISTRATOR DUTIES.—Section 704 of title 11, United States Code, is amended— (1) by inserting ‘‘(a)’’ before ‘‘The trustee shall—’’; and (2) by adding at the end the following: ‘‘(b)(1) With respect to a debtor who is an individual in a case under this chapter— ‘‘(A) the United States trustee (or the bankruptcy administrator, if any) shall review all materials filed by the debtor and, not later than 10 days after the date of the first meeting of creditors, file with the court a statement as to whether the debtor’s case would be presumed to be an abuse under section 707(b); and ‘‘(B) not later than 5 days after receiving a statement under subparagraph (A), the court shall provide a copy of the statement to all creditors. ‘‘(2) The United States trustee (or bankruptcy administrator, if any) shall, not later than 30 days after the date of filing a statement under paragraph (1), either file a motion to dismiss or convert under section 707(b) or file a statement setting forth

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