Page:United States Statutes at Large Volume 119.djvu/59

 PUBLIC LAW 109–8—APR. 20, 2005

119 STAT. 41

attending such instructional course, which shall be available for inspection and evaluation by the Executive Office for United States Trustees, the United States trustee (or the bankruptcy administrator, if any), or the chief bankruptcy judge for the district in which such instructional course is offered; and ‘‘(E) if a fee is charged for the instructional course, charge a reasonable fee, and provide services without regard to ability to pay the fee. ‘‘(2) for any 1-year period if the provider thereof has demonstrated that the course meets the standards of paragraph (1) and, in addition— ‘‘(A) has been effective in assisting a substantial number of debtors to understand personal financial management; and ‘‘(B) is otherwise likely to increase substantially the debtor’s understanding of personal financial management. ‘‘(e) The district court may, at any time, investigate the qualifications of a nonprofit budget and credit counseling agency referred to in subsection (a), and request production of documents to ensure the integrity and effectiveness of such agency. The district court may, at any time, remove from the approved list under subsection (a) a nonprofit budget and credit counseling agency upon finding such agency does not meet the qualifications of subsection (b). ‘‘(f) The United States trustee (or the bankruptcy administrator, if any) shall notify the clerk that a nonprofit budget and credit counseling agency or an instructional course is no longer approved, in which case the clerk shall remove it from the list maintained under subsection (a). ‘‘(g)(1) No nonprofit budget and credit counseling agency may provide to a credit reporting agency information concerning whether a debtor has received or sought instruction concerning personal financial management from such agency. ‘‘(2) A nonprofit budget and credit counseling agency that willfully or negligently fails to comply with any requirement under this title with respect to a debtor shall be liable for damages in an amount equal to the sum of— ‘‘(A) any actual damages sustained by the debtor as a result of the violation; and ‘‘(B) any court costs or reasonable attorneys’ fees (as determined by the court) incurred in an action to recover those damages.’’. (2) CLERICAL AMENDMENT.—The table of sections for chapter 1 of title 11, United States Code, is amended by adding at the end the following:

Notification.

‘‘111. Nonprofit budget and credit counseling agencies; financial management instructional courses.’’. (f) LIMITATION.—Section 362 of title 11, United States Code,

is amended by adding at the end the following: ‘‘(i) If a case commenced under chapter 7, 11, or 13 is dismissed due to the creation of a debt repayment plan, for purposes of subsection (c)(3), any subsequent case commenced by the debtor under any such chapter shall not be presumed to be filed not in good faith.

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