Section 1304(b) of the House amendment adopts the approach taken in the comparable section of the Senate amendment as preferable to the position taken in the House bill.
senate report no. 95–989
Increased access to the simpler, speedier, and less expensive debtor relief provisions of chapter 13 is accomplished by permitting debtors engaged in business to proceed under chapter 13, provided their income is sufficiently stable and regular to permit compliance with a chapter 13 plan [section
101
(24)] and that the debtor (or the debtor and spouse) do not owe liquidated, noncontingent unsecured debts of $50,000, or liquidated, noncontingent secured debts of $200,000 (§ 109(d)).
Section
1304
(a) states that a self-employed individual who incurs trade credit in the production of income is a debtor engaged in business.
Subsection (b) empowers a chapter 13 debtor engaged in business to operate his business, subject to the rights, powers and limitations that pertain to a trustee under sections
363
(c) and
364 of title
11, and subject to such further limitations and conditions as the court may prescribe.
Subsection (c) requires a chapter 13 debtor engaged in business to file with the court certain financial statements relating to the operation of the business.
1984—Subsec. (b).
Pub. L. 98–353, § 526, struck out the comma after “of the debtor”.
Subsec. (c).
Pub. L. 98–353, § 311(b)(2), substituted “section
704
(8)” for “section
704
(7)”.
Amendment by
Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of
Pub. L. 98–353, set out as a note under section
101 of this title.