§104. Adjustment of dollar amounts
(a) The Judicial Conference of the United States shall transmit to the Congress and to the President before May 1, 1985, and before May 1 of every sixth year after May 1, 1985, a recommendation for the uniform percentage adjustment of each dollar amount in this title and in section 1930 of title 28.
(b)(1) On April 1, 1998, and at each 3-year interval ending on April 1 thereafter, each dollar amount in effect 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) of this title and section 1409(b) of title 28 immediately before such April 1 shall be adjusted-
(A) 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
(B) to round to the nearest $25 the dollar amount that represents such change.
(2) 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) of this title and section 1409(b) of title 28.
(3) Adjustments made in accordance with paragraph (1) shall not apply with respect to cases commenced before the date of such adjustments.
(
Historical and Revision Notes
legislative statements
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 May 1, 1985, and before May 1 of every sixth year thereafter. The requirement in the House bill that each such recommendation be based only on any change in the cost-of-living increase during the period immediately preceding the recommendation is deleted.
senate report no. 95–989
This section requires that the Director of the Administrative Office of the U. S. Courts report to Congress and the President before Oct. 1, 1985, and before May 1 every 6 years thereafter a recommendation for adjustment in dollar amounts found in this title. The Committee feels that regular adjustment of the dollar amounts by the Director will conserve congressional time and yet assure that the relative dollar amounts used in the bill are maintained. Changes in the cost of living should be a significant, but not necessarily the only, factor considered by the Director. The fact that there has been an increase in the cost of living does not necessarily mean that an adjustment of dollar amounts would be needed or warranted.
house report no. 95–595
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.
Amendments
2005-Subsec. (b)(1).
Subsec. (b)(2).
1994-
Effective Date of 2005 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under subsection (a) of this section is listed on page 12), see section 3003 of
Adjustment of Dollar Amounts
By notice dated Feb. 14, 2007, 72 F.R. 7082, the Judicial Conference of the United States adjusted the dollar amounts in provisions specified in subsec. (b) of this section, effective Apr. 1, 2007, as follows:
| 28 U.S.C. | Dollar amount to be adjusted | New (adjusted) dollar amount |
|---|---|---|
| 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 | $1,000 | $1,100 |
| (2)-a consumer debt less than | 15,000 | 16,425 |
| (3)-a non consumer debt against a non insider less than | 10,000 | 10,950 |
| 11 U.S.C. | Dollar amount to be adjusted | New (adjusted) dollar amount |
|---|---|---|
| Section 101(3)-definition of assisted person | $150,000 | $164,250 |
| Section 101(18)-definition of family farmer | 3,237,000 1 | 3,544,525 1 |
| 101(19A)-definition of family fisherman | 1,500,000 1 | 1,642,500 1 |
| 101(51D)-definition of small business debtor | 2,000,000 1 | 2,190,000 1 |
| Section 109(e)-allowable debt limits for individual filing bankruptcy under Chapter 13 | 307,675 1
922,975 1 |
336,900 1
1,010,650 1 |
| Section 303(b)-minimum aggregate claims needed for the commencement of involuntary chapter 7 or chapter 11 bankruptcy: | ||
| (1)-in paragraph (1) | 12,300 | 13,475 |
| (2)-in paragraph (2) | 12,300 | 13,475 |
| Section 507(a)-priority expenses and claims | ||
| (1)-in paragraph (4) | 10,000 | 10,950 |
| (2)-in paragraph (5) | 10,000 | 10,950 |
| (3)-in paragraph (6) | 4,925 | 5,400 |
| (4)-in paragraph (7) | 2,225 | 2,425 |
| Section 522(d)-value of property exemptions allowed to the debtor | ||
| (1)-in paragraph (1) | 18,450 | 20,200 |
| (2)-in paragraph (2) | 2,950 | 3,225 |
| (3)-in paragraph (3) | 475 9,850 |
525 10,775 |
| (4)-in paragraph (4) | 1,225 | 1,350 |
| (5)-in paragraph (5) | 975 9,250 |
1,075 10,125 |
| (6)-in paragraph (6) | 1,850 | 2,025 |
| (7)-in paragraph (8) | 9,850 | 10,775 |
| (8)-in paragraph (11)(D) | 18,450 | 20,200 |
| 522(f)(3)-exception to lien avoidance under certain state laws | 5,000 | 5,475 |
| 522(f)(4)-items excluded from definition of household goods for lien avoidance purposes | 500 1 | 550 1 |
| 522(n)-maximum aggregate value of assets in individual retirement accounts exempted | 1,000,000 | 1,095,000 |
| 522(p)-qualified homestead exemption | 125,000 | 136,875 |
| 522(q)-state homestead exemption. | 125,000 | 136,875 |
| 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 | 500 | 550 |
| in subclause (i)(II)-cash advances incurred ≤ 70 days before filing in the aggregate | 750 | 825 |
| 541(b)-property of the estate exclusions: | ||
| (1)-in paragraph (5)(C)-education IRA funds in the aggregate | 5,000 | 5,475 |
| (2)-in paragraph (6)(C)-pre-purchased tuition credits in the aggregate | 5,000 | 5,475 |
| 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 | 5,000 | 5,475 |
| 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) | 6,000 | 6,575 |
| (2)-in paragraph (2)(A)(i)(II) | 10,000 | 10,950 |
| (3)-in paragraph (2)(A)(ii)(IV) | 1,500 | 1,650 |
| (4)-in paragraph (5)(B) | 1,000 | 1,100 |
| (5)-in paragraph 6(C) | 525 | 575 |
| (6)-in paragraph 7(A) | 525 | 575 |
| 1322(d)-contents of chapter 13 plan, monthly income | 525 1 | 575 1 |
| 1325(b)-chapter 13 confirmation of plan, disposable income | 525 1 | 575 1 |
| 1326(b)(3)-payments to former chapter 7 trustee | 25 | 25 |
1 Each time it appears.
Similar notices by the Judicial Conference of the United States adjusting the dollar amounts in provisions specified in subsec. (b) of this section, were contained in the following:
Feb. 18, 2004, 69 F.R. 8482, effective Apr. 1, 2004.
Feb. 13, 2001, 66 F.R. 10910, effective Apr. 1, 2001.
Feb. 3, 1998, 63 F.R. 7179, effective Apr. 1, 1998.