Section 104 represents a compromise between the House bill and the Senate amendment with respect to the adjustment of dollar amounts in title 11. The House amendment authorizes the Judicial Conference of the United States to transmit a recommendation for the uniform percentage of adjustment for each dollar amount in title 11 and in 28 U.S.C. 1930 to the Congress and to the President before
This section requires that the Director of the Administrative Office of the U. S. Courts report to Congress and the President before
This section requires the Judicial Conference to report to the Congress every four years after the effective date of the bankruptcy code any changes that have occurred in the cost of living during the preceding four years, and the appropriate adjustments to the dollar amounts in the bill. The dollar amounts are found primarily in the exemption section (11 U.S.C. 522), the wage priority (11 U.S.C. 507), and the eligibility for chapter 13 (11 U.S.C. 109). This section requires that the Conference recommend uniform percentage changes in these amounts based solely on cost of living changes. The dollar amounts in the bill would not change on that recommendation, absent Congressional veto. Instead, Congress is required to take affirmative action, by passing a law amending the appropriate section, if it wishes to accomplish the change.
If the Judicial Conference has policy recommendations concerning the appropriate dollar amounts in the bankruptcy code based other than on cost of living considerations there are adequate channels through which it may communicate its views. This section is solely for the housekeeping function of maintaining the dollar amounts in the code at fairly constant real dollar levels.
2022—Subsec. (a). Pub. L. 117–151, § 2(b)(1), inserted “1182(1),” after “707(b),” in introductory provisions.
Subsec. (b). Pub. L. 117–151, § 2(b)(2), inserted “1182(1),” after “707(b),”.
2008—Pub. L. 110–406 redesignated subsec. (b)(1) as (a), subpars. (A) and (B) of subsec. (b)(1) as pars. (1) and (2), respectively, of subsec. (a), and pars. (2) and (3) of subsec. (b) as subsecs. (b) and (c), respectively, substituted “subsection (a)” for “paragraph (1)” in subsec. (c), and struck out former subsec. (a) which read as follows: “The Judicial Conference of the United States shall transmit to the Congress and to the President before
2005—Subsec. (b)(1). Pub. L. 109–8, § 1202(1)–(4), in introductory provisions, inserted “101(19A),” after “101(18),”, “522(f)(3) and 522(f)(4),” after “522(d),”, and “541(b), 547(c)(9),” after “523(a)(2)(C),” and substituted “1322(d), 1325(b), and 1326(b)(3) of this title and section 1409(b) of title 28” for “and 1325(b)(3)”.
Pub. L. 109–8, § 1002, inserted “101(18),” after “101(3),” in introductory provisions.
Pub. L. 109–8, § 432(c), inserted “101(51D),” after “101(3),” in introductory provisions.
Pub. L. 109–8, § 322(b), inserted “522(p), 522(q),” after “522(n),” in introductory provisions.
Pub. L. 109–8, § 226(b), inserted “101(3),” after “sections” in introductory provisions.
Pub. L. 109–8, § 224(e)(2), inserted “522(n),” after “522(d),” in introductory provisions.
Pub. L. 109–8, § 102(j), substituted “523(a)(2)(C), 707(b), and 1325(b)(3)” for “and 523(a)(2)(C)” in introductory provisions.
Subsec. (b)(2). Pub. L. 109–8, § 1202(1)–(3), (5), inserted “101(19A),” after “101(18),”, “522(f)(3) and 522(f)(4),” after “522(d),”, and “541(b), 547(c)(9),” after “523(a)(2)(C),” and substituted “1322(d), 1325(b), and 1326(b)(3) of this title and section 1409(b) of title 28” for “and 1325(b)(3) of this title”.
Pub. L. 109–8, § 1002, inserted “101(18),” after “101(3),”.
Pub. L. 109–8, § 432(c), inserted “101(51D),” after “101(3),”.
Pub. L. 109–8, § 322(b), inserted “522(p), 522(q),” after “522(n),”.
Pub. L. 109–8, § 226(b), inserted “101(3),” after “sections”.
Pub. L. 109–8, § 224(e)(2), inserted “522(n),” after “522(d),”.
Pub. L. 109–8, § 102(j), substituted “523(a)(2)(C), 707(b), and 1325(b)(3)” for “and 523(a)(2)(C)”.
1994—Pub. L. 103–394 designated existing provisions as subsec. (a) and added subsec. (b).
Pub. L. 117–151, § 2(h)(1),
Amendment by Pub. L. 109–8 effective 180 days after
Amendment by Pub. L. 103–394 effective
By notice dated
Affected sections of Titles 11 and 28 U.S.C. | Dollar amount to be adjusted | New (adjusted) dollar amount 1 |
|---|---|---|
1 The New (Adjusted) Dollar Amounts reflect a 13.2004 percent increase, rounded to the nearest $25. | ||
2 There is no dollar amount currently set forth in 11 U.S.C. 1182(1). Most recently, the Bankruptcy Threshold Adjustment and Technical Corrections Act (BTATCA) (Pub. L. 117–151, 136 Stat. 1298) added a dollar amount to that section, but the BTATCA provision that included the dollar amount sunset on June 21, 2024. | ||
11 U.S.C.: | ||
Section 101(3) | $226,850 | $256,800. |
Section 101(18) | $11,097,350 (each time it appears) | $12,562,250 (each time it appears). |
Section 101(19A) | $2,268,550 (each time it appears) | $2,568,000 (each time it appears). |
Section 101(51D) | $3,024,725 (each time it appears) | $3,424,000 (each time it appears). |
Section 109(e) | $465,275 (each time it appears) $1,395,875 (each time it appears) | $526,700 (each time it appears). $1,580,125 (each time it appears). |
Section 303(b) | $18,600 (each time it appears) | $21,050 (each time it appears). |
Section 507(a) | ||
paragraph (4) | $15,150 | $17,150. |
paragraph (5)(B)(i) | $15,150 | $17,150. |
paragraph (6) | $7,475 | $8,450. |
paragraph (7) | $3,350 | $3,800. |
Section 522(d) | ||
paragraph (1) | $27,900 | $31,575. |
paragraph (2) | $4,450 | $5,025. |
paragraph (3) | $700 $14,875 | $800. $16,850. |
paragraph (4) | $1,875 | $2,125. |
paragraph (5) | $1,475 $13,950 | $1,675. $15,800. |
paragraph (6) | $2,800 | $3,175. |
paragraph (8) | $14,875 | $16,850. |
paragraph (11)(D) | $27,900 | $31,575. |
Section 522(f)(3) | $7,575 | $8,575. |
Section 522(f)(4) | $800 (each time it appears) | $900 (each time it appears). |
Section 522(n) | $1,512,350 | $1,711,975. |
Section 522(p) | $189,050 | $214,000. |
Section 522(q) | $189,050 | $214,000. |
Section 523(a)(2)(C) | ||
paragraph (i)(I) | $800 | $900. |
(2)—in paragraph (i)(II) | $1,100 | $1,250. |
Section 541(b) | $7,575 (each time it appears) | $8,575 (each time it appears). |
Section 547(c)(9) | $7,575 | $8,575. |
Section 707(b) | ||
paragraph (2)(A)(i)(I) | $9,075 | $10,275. |
paragraph (2)(A)(i)(II) | $15,150 | $17,150. |
paragraph (2)(A)(ii)(IV) | $2,275 | $2,575. |
paragraph (2)(B)(iv)(I) | $9,075 | $10,275. |
paragraph (2)(B)(iv)(II) | $15,150 | $17,150. |
paragraph (5)(B) | $1,525 | $1,725. |
paragraph (6)(C) | $825 | $925. |
paragraph (7)(A)(iii) | $825 | $925. |
Section 1182(1) | \(2)\ | |
Section 1322(d) | $825 (each time it appears) | $925 (each time it appears). |
Section 1325(b) | $825 (each time it appears) | $925 (each time it appears). |
Section 1326(b)(3) | $25 | $25. |
28 U.S.C.: | ||
Section 1409(b) | $1,525 $22,700 $27,750 | $1,725 $25,700 $31,425. |
Similar notices by the Judicial Conference of the United States adjusting the dollar amounts in provisions specified in subsec. (a) of this section were contained in the following: