SERIAL FILER PROVISIONS.

SEC. 441. SERIAL FILER PROVISIONS. Section 362 of title 11, United States Code, as amended by sections 106, 305, and 311, is amended—(1) in subsection (k), as so redesignated by section 305—(A) by striking “An” and inserting “(1) Except as provided in paragraph (2), an”; and(B) by adding at the end the following:“(2) If such violation is based on an action taken by an entity in the good faith belief that subsection (h) applies to the debtor, the recovery under paragraph (1) of this subsection against such entity shall be limited to actual damages.”; and(2) by adding at the end the following:“(n)(1) Except as provided in paragraph (2), subsection (a) does not apply in a case in which the debtor—“(A) is a debtor in a small business case pending at the time the petition is filed;“(B) was a debtor in a small business case that was dismissed for any reason by an order that became final in the 119 STAT. 115 2-year period ending on the date of the order for relief entered with respect to the petition;“(C) was a debtor in a small business case in which a plan was confirmed in the 2-year period ending on the date of the order for relief entered with respect to the petition; or“(D) is an entity that has acquired substantially all of the assets or business of a small business debtor described in subparagraph (A), (B), or (C), unless such entity establishes by a preponderance of the evidence that such entity acquired substantially all of the assets or business of such small business debtor in good faith and not for the purpose of evading this paragraph.“(2) Paragraph (1) does not apply—“(A) to an involuntary case involving no collusion by the debtor with creditors; or“(B) to the filing of a petition if—“(i) the debtor proves by a preponderance of the evidence that the filing of the petition resulted from circumstances beyond the control of the debtor not foreseeable at the time the case then pending was filed; and “(ii) it is more likely than not that the court will confirm a feasible plan, but not a liquidating plan, within a reasonable period of time.”.