HouseH.R. 10942119th Congress
No Bonuses in Bankruptcy Act of 2026
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10942 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 10942
To amend title 11, United States Code, to prohibit the payment of
bonuses to highly compensated individuals employed by the debtor and
insiders of the debtor to perform services during the bankruptcy case,
and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
October 29, 2026
Ms. Scanlon introduced the following bill; which was referred to the
Committee on the Judiciary
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A BILL
To amend title 11, United States Code, to prohibit the payment of
bonuses to highly compensated individuals employed by the debtor and
insiders of the debtor to perform services during the bankruptcy case,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Bonuses in Bankruptcy Act of
2026''.
SEC. 2. AMENDMENTS.
(a) Allowance of Administrative Expenses.--Section 503 of title 11,
United States Code, is amended by adding at the end the following:
``(d)(1) Notwithstanding any other provision of this section, there
shall neither be allowed nor paid a bonus to--
``(A) an individual employed by the debtor at an annual
rate of compensation exceeding $250,000;
``(B) an insider of the debtor; or
``(C) an individual employed by the debtor to the extent
that such bonus would cause that individual's annual rate of
compensation to exceed $250,000.
``(2) For purposes of this subsection, the term `bonus' means a
transfer to, or obligation incurred for the benefit of, an individual
employed by the debtor or insider of the debtor as compensation for
services in an amount that--
``(A) is in addition to the existing wages, salary, or base
compensation of an insider of the debtor or individual employed
by the debtor; and
``(B) can be construed as a form of retention, incentive,
or reward related to the services provided to the debtor by the
insider or the individual employed by the debtor.
The term `bonus' does not include a sales commission. Nor does the term
`bonus' include any transfer or obligation pursuant to the terms of a
collective bargaining agreement.
``(3) The term `an individual employed by the debtor' includes, but
is not limited to, an employee, consultant, or contractor.''.
(b) Preferences.--Section 547 of title 11, United States Code, is
amended by adding at end the following:
``(j) Notwithstanding any other provision of this section, the
trustee may avoid any transfer of an interest of the debtor in property
made within 180 days before the date of the filing of the petition if
such transfer is the payment of a bonus of the kind that would be
disallowed under subsection (c) or (d) of section 503.''.
SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENT.
(a) Effective Date.--Except as provided in subsection (b), this Act
and the amendments made by this Act shall take effect on the date of
the enactment of this Act.
(b) Application of Amendment.--The amendments made by this Act
shall apply only with respect to cases commenced under title 11, United
States Code, on or after the date of the enactment of this Act.
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