Skip to Content
Notice

Revision of Certain Dollar Amounts in the Bankruptcy Code Prescribed Under Section 104(A) of the Code

Action

Notice.

Summary

Certain dollar amounts in title 11 and title 28, United States Code, are increased.

 

Table of Contents Back to Top

FOR FURTHER INFORMATION CONTACT: Back to Top

Francis F. Szczebak, Chief, Bankruptcy Judges Division, Administrative Office of the United States Courts, Washington, DC 20544, telephone (202) 502-1900 or by e-mail at Bankruptcy_Judges_Division@ao.uscourts.gov.

SUPPLEMENTARY INFORMATION: Back to Top

Section 104(a) of title 11, United States Code, provides the mechanism for an automatic 3-year adjustment of dollar amounts in certain sections of titles 11 and 28. Bankruptcy Reform Act of 1994, 103, section 108(e), (1994) as amended by Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Public Law 109-8, section 102(j), (2005) and Public Law 110-406, (2008). The provision states:

(a) On April 1, 1998, and at each 3-year interval ending April 1 thereafter, each dollar amount in effect under 101(3), 101(18), 101(19A), 101(51D), 109(e), 303(b), 507(a), 522(d), 522(f)(3) and 522(f)(4), 522(n), 522(p), 522(q), 523(a)(2)(C), 541(b), 547(c)(9), 707(b), 1322(d), 1325(b), and 1326(b)(3) and section 1409(b) of title 28 immediately before such April 1 shall be adjusted:

(1) to reflect the change in the Consumer Price Index for All Urban Consumers, published by the Department of Labor, for the most recent 3-year period ending immediately before January 1 preceding such April 1, and

(2) to round to the nearest $25 the dollar amount that represents such change.

(b) Not later than March 1, 1998, and at each 3-year interval ending on March 1, thereafter, the Judicial Conference of the United States shall publish in the Federal Register the dollar amounts that will become effective on such April 1 under sections 101(3), 101(18), 101(19A), 101(51D), 109(e), 303(b), 507(a), 522(d), 522(f)(3) and 522(f)(4), 522(n), 522(p), 522(q), 523(a)(2)(C), 541(b), 547(c)(9), 707(b), 1322(d), 1325(b), and 1326(b)(3) and section 1409(b) of title 28.

(c) Adjustments made in accordance with subsection (a) shall not apply with respect to cases commenced before the date of such adjustments.

Revision of Certain Dollar Amounts in Bankruptcy Code Back to Top

Notice is hereby given that the dollar amounts are increased in the sections in title 11 and title 28, United States Code, as set out in the following chart. These increases do not apply to cases commenced before the effective date of the adjustments, i.e., April 1, 2010. Seven Official Bankruptcy Forms (1, 6C, 6E, 7, 10, 22A and 22C) and two Director's Forms (200 and 28.3) also will be amended to reflect these adjusted dollar amounts.

Dated: February 19, 2010.

Francis F. Szczebak,

Chief, Bankruptcy Judges Division.

Dollar amount to be adjusted New (adjusted) dollar amount
28 U.S.C.    
1409(b)—a trustee may commence a proceeding arising in or related to a case to recover    
(1)—money judgment of or property worth less than $1,100 $1,175
(2)—a consumer debt less than 16,425 17,575
(2)—a non consumer debt against a non insider less than 10,950 11,725
11 U.S.C.    
101(3)—definition of assisted person 164,250 175,750
101(18)(A) & (B)(ii)—definition of family farmer 3,544,525 (each time it appears) 3,792,650 (each time it appears).
101(19A)(A)(i) & (b)(ii)(II)—definition of family fisherman 1,642,500 (each time it appears) 1,757,475 (each time it appears).
101(51D)(A) & (B)—definition of small business debtor 2,190,000 (each time it appears) 2,343,300 (each time it appears).
109(e)—allowable debt limits for individual filing bankruptcy under chapter 13 336,900 (each time it appears) 360,475 (each time it appears).
1,010,650 (each time it appears) 1,081,400 (each time it appears).
303(b)—minimum aggregate claims needed for the commencement of involuntary chapter 7 or chapter 11 bankruptcy    
(1)—in paragraph (1) 13,475 14,425
(2)—in paragraph (2) 13,475 14,425
507(a)—priority expenses and claims    
(1)—in paragraph (4) 10,950 11,725
(2)—in paragraph (5) 10,950 11,725
(3)—in paragraph (6) 5,400 5,775
(4)—in paragraph (7) 2,425 2,600
522(d)—value of property exemptions allowed to the debtor    
(1)—in paragraph (1) 20,200 21,625
(2)—in paragraph (2) 3,225 3,450
(3)—in paragraph (3) 525 550
10,775 11,525
(4)—in paragraph (4) 1,350 1,450
(5)—in paragraph (5) 1,075 1,150
10,125 10,825
(6)—in paragraph (6) 2,025 2,175
(7)—in paragraph (8) 10,775 11,525
(8)—in paragraph (11)(D) 20,200 21,625
522(f)(3)(B)—exception to lien avoidance under certain state laws 5,475 5,850
522(f)(4)(B)—items excluded from definition of household goods for lien avoidance purposes 550 (each time it appears) 600 (each time it appears).
522(n)—maximum aggregate value of assets in individual retirement accounts exempted 1,095,000 1,171,650
522(p)(1)—qualified homestead exemption 136,875 146,450
522(q)(1)—state homestead exemption 136,875 146,450
523(a)(2)(C)—exceptions to discharge    
in subclause (i)(I)—consumer debts, incurred ≤90 days before filing owed to a single creditor in the aggregate 550 600
in subclause (i)(II)—cash advances incurred ≤70 days before filing in the aggregate 825 875
541(b)—property of the estate exclusions    
(1)—in paragraph (5)(C)—education IRA funds in the aggregate 5,475 5,850
(2)—in paragraph (6)(C)—pre-purchased tuition credits in the aggregate 5,475 5,850
547(c)(9)—preferences, trustee may not avoid a transfer if, in a case filed by a debtor whose debts are not primarily consumer debts, the aggregate value of property is less than 5,475 5,850
707(b)—dismissal of a case or conversion to a case under chapter 11 or 13 (means test)    
(1)—in paragraph (2)(A)(i)(I) 6,575 7,025
(2)—in paragraph (2)(A)(i)(II) 10,950 11,725
(3)—in paragraph (2)(A)(ii)(IV) 1,650 1,775
(4)—in paragraph (2)(B)(iv)(I) 6,575 7,025
(5)—in paragraph (2)(B)(iv)(II) 10,950 11,725
(6)—in paragraph (5)(B) 1,100 1,175
(7)—in paragraph 6(C) 575 625
(8)—in paragraph 7(A)(iii) 575 625
1322(d)(1)(c) & (2)(c)—contents of chapter 13 plan, monthly income 575 (each time it appears) 625 (each time it appears).
1325(b)(3) & (b)(4)—chapter 13 confirmation of plan, disposable income 575 (each time it appears) 625 (each time it appears).
1326(b)(3)(B)—payments to former chapter 7 trustee 25 25

[FR Doc. 2010-3807 Filed 2-24-10; 8:45 am]

BILLING CODE 2210-55-P

Site Feedback