Page:United States Statutes at Large Volume 119.djvu/77

 PUBLIC LAW 109–8—APR. 20, 2005

119 STAT. 59

SEC. 220. NONDISCHARGEABILITY OF CERTAIN EDUCATIONAL BENEFITS AND LOANS.

Section 523(a) of title 11, United States Code, is amended by striking paragraph (8) and inserting the following: ‘‘(8) unless excepting such debt from discharge under this paragraph would impose an undue hardship on the debtor and the debtor’s dependents, for— ‘‘(A)(i) an educational benefit overpayment or loan made, insured, or guaranteed by a governmental unit, or made under any program funded in whole or in part by a governmental unit or nonprofit institution; or ‘‘(ii) an obligation to repay funds received as an educational benefit, scholarship, or stipend; or ‘‘(B) any other educational loan that is a qualified education loan, as defined in section 221(d)(1) of the Internal Revenue Code of 1986, incurred by a debtor who is an individual;’’.

Subtitle C—Other Consumer Protections SEC. 221. AMENDMENTS TO DISCOURAGE ABUSIVE BANKRUPTCY FILINGS.

Section 110 of title 11, United States Code, is amended— (1) in subsection (a)(1), by striking ‘‘or an employee of an attorney’’ and inserting ‘‘for the debtor or an employee of such attorney under the direct supervision of such attorney’’; (2) in subsection (b)— (A) in paragraph (1), by adding at the end the following: ‘‘If a bankruptcy petition preparer is not an individual, then an officer, principal, responsible person, or partner of the bankruptcy petition preparer shall be required to— ‘‘(A) sign the document for filing; and ‘‘(B) print on the document the name and address of that officer, principal, responsible person, or partner.’’; and (B) by striking paragraph (2) and inserting the following: ‘‘(2)(A) Before preparing any document for filing or accepting any fees from a debtor, the bankruptcy petition preparer shall provide to the debtor a written notice which shall be on an official form prescribed by the Judicial Conference of the United States in accordance with rule 9009 of the Federal Rules of Bankruptcy Procedure. ‘‘(B) The notice under subparagraph (A)— ‘‘(i) shall inform the debtor in simple language that a bankruptcy petition preparer is not an attorney and may not practice law or give legal advice; ‘‘(ii) may contain a description of examples of legal advice that a bankruptcy petition preparer is not authorized to give, in addition to any advice that the preparer may not give by reason of subsection (e)(2); and ‘‘(iii) shall— ‘‘(I) be signed by the debtor and, under penalty of perjury, by the bankruptcy petition preparer; and ‘‘(II) be filed with any document for filing.’’; (3) in subsection (c)— (A) in paragraph (2)—

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