text:
Page:United States Statutes at Large Volume 98 Part 1.djvu/382

 98 STAT. 334

PUBLIC LAW 98-353—JULY 10, 1984 SEC. 102. (a) Chapter 87 of title 28, United States Code, is amended by adding at the end thereof the following new sections:

28 USC 1408 Post, p. 335. 11 USC 101 et

«§ 1408. Venue of cases under title 11 "Except as provided in section 1410 of this title, a case under title II jj^oy ^g commenced in the district court for the district— "(1) in which the domicile, residence, principal place of business in the United States, or principal assets in the United States, of the person or entity that is the subject of such case have been located for the one hundred and eighty days immediately preceding such commencement, or for a longer portion of such one-hundred-and-eighty-day period than the domicile, residence, or principal place of business, in the United States, or principal assets in the United States, of such person were located in any other district; or "(2) in which there is pending a case under title 11 concerning such person's affiliate, general partner, or partnership. 28 USC 1409. "§ 1409. Venue of proceedings arising under title 11 or arising in or related to cases under title 11 "(a) Except as otherwise provided in subsections (b) and (d), a 11 USC 101 et proceeding arising under title 11 or arising in or related to a case ®^9under title 11 may be commenced in the district court in which such case is pending. "(b) Except as provided in subsection (d) of this section, a trustee in a case under title 11 may commence a proceeding arising in or related to such case to recover a money judgment of or property worth less than $1,000 or a consumer debt of less than $5,000 only in the district court for the district in which the defendant resides. "(c) Except as provided in subsection (b) of this section, a trustee in a case under title 11 may commence a proceeding arising in or related to such case as statutory successor to the debtor or creditors 11 USC 541, 544. under section 541 or 5440b) of title 11 in the district court for the district where the State or Federal court sits in which, under applicable nonbankruptcy venue provisions, the debtor or creditors, as the case may be, may have commenced an action on which such proceeding is based if the case under title 11 had not been commenced. "(d) A trustee may commence a proceeding arising under title 11 or arising in or related to a case under title 11 based on a claim arising after the commencement of such case from the operation of the business of the debtor only in the district court for the district where a State or Federal court sits in which, under applicable nonbankruptcy venue provisions, an action on such claim may have been brought. "(e) A proceeding arising under title 11 or arising in or related to a case under title 11, based on a claim arising after the commencement of such case from the operation of the business of the debtor, may be commenced against the representative of the estate in such case in the district court for the district where the State or Federal court sits in which the party commencing such proceeding may, under applicable nonbankruptcy venue provisions, have brought an action on such claim, or in the district court in which such case is pending.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/383

 PUBLIC LAW 98-353—JULY 10, 1984

98 STAT. 335

"(a) A case under section 304 of title 11 to enjoin the commencement or continuation of an action or proceeding in a State or Feder^ court, or the enforcement of a judgment, may be commenced only in the district court for the district where the State or Federal court sits in which is pending the action or proceeding against which the injunction is sought. "(b) A case under section 304 of title 11 to enjoin the enforcement of a lien against a property, or to require the turnover of property of an estate, may be commenced only in the district court for the district in which such property is found. "(c) A case under section 304 of title 11, other than a case specified in subsection (a) or (b) of this section, may be commenced only in the district court for the district in which is located the principal place of business in the United States, or the principal assets in the United States, of the estate that is the subject of such case. "§ 1411. Jury trials "(a) Except as provided in subsection (b) of this section, this chapter and title 11 do not affect any right to trial by jury that an individual has under applicable nonbankruptcy law with regard to a personal injury or wrongful death tort claim. "Q)) The district court may order the issues arising under section 303 of title 11 to be tried without a jury. "§ 1412. Change of venue "A district court may transfer a case or proceeding under title 11 to a district court for another district, in the interest of justice or for the convenience of the parties.". Ob) The table of sections of chapter 87 of title 28, United States Code, is amended by adding at the end thereof the following new items: "1408. Venueof cases under title 11. "1409. Venue of proceedings arising under title 11 or arising in or related to cases under title 11. "1410. Venue of cases ancillary to foreign proceedings. "1411. Jury trials. "1412. Change of venue.".
 * § 1410. Venue of cases ancillary to foreign proceedings

28 USC i4io. n use 304.

iGlOWHi 28 USC 1411. 11 USC 101 et seq. 11 USC 303. 28 USC 1412. 11 USC 101 et seq.

,.,:;.j,„,j r.,

SEC. 103. (a) Chapter 89 of title 28, United States Code, is amended by inserting at the end thereof the following new section: "§ 1452. Removal of claims related to bankruptcy cases 28 USC 1452. "(a) A party may remove any claim or cause of action in a civil action other than a proceeding before the United States Tax Court or a civil action by a governmental unit to enforce such governmental unit's police or regulatory power, to the district court for the district where such civil action is pending, if such district court has jurisdiction of such claim or cause of action under section 1334 of t h i s title.

"(b) The court to which such claim or cause of action is removed may remand such claim or cause of action on any equitable ground. An order entered under this subsection remanding a claim or cause of action, or a decision to not remand, is not reviewable by appeal or otherwise.". O> The table of sections of chapter 89 of title 28, United States t) Code, is amended by adding at the end thereof the following new item:

Ante, p. 333.

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 98 Part 1.djvu/384

 98 STAT. 336

PUBLIC LAW 98-353—JULY 10, 1984 "1452. Removal of claims related to bankruptcy cases.".

SEC. 104. (a) Title 28 of the United States Code is amended by inserting after chapter 5 the following new chapter:

"CHAPTER 6—BANKRUPTCY JUDGES "Sec. "151. "152. "153. "154. "155. "156. "157. "158.

Designation of bankruptcy courts. Appointment of bankruptcy judges. Salaries; character of service. Division of business; chief judge. Temporary transfer of bankruptcy judges. Staff; expenses. Procedures. Appeals.

28 USC 151.

"§ 151. Designation of bankruptcy courts "In each judicial district, the bankruptcy judges in regular active service shall constitute a unit of the district court to be known as the bankruptcy court for that district. Each bankruptcy judge, as a judicial officer of the district court, may exercise the authority conferred under this chapter with respect to any action, suit, or proceeding and may preside alone and hold a regular or special session of the court, except as otherwise provided by law or by rule or order of the district court. 28 USC 152. "§ 152. Appointment of bankruptcy judges "(a)(1) The United States court of appeals for the circuit shall appoint bankruptcy judges for the judicial districts established in paragraph (2) in such numbers as are established in such paragraph. Such appointments shall be made after considering the recommendations of the Judicial Conference submitted pursuant to subsection (b). Each bankruptcy judge shall be appointed for a term of fourteen years, subject to the provisions of subsection (e). Bankruptcy judges shall serve as judicial officers of the United States district court use prec. title 1. established under Article III of the Constitution. "(2) The bankruptcy judges appointed pursuant to this section shall be appointed for the several judicial districts as follows: "Districts Alabama: Northern Middle Southern Alaska Arizona Arkansas: Eastern and Western California: Northern Eastern Central Southern Colorado Connecticut Delaware District of Columbia Florida: Northern Middle Southern Georgia: Northern Middle Southern

Judges 5 2 2 1 4 2 7 4 12 3 4 2 1 1 1 2 3 4 2 1

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Page:United States Statutes at Large Volume 98 Part 1.djvu/385

 PUBLIC LAW 98-353—JULY 10, 1984 Hawaii Idaho Illinois: Northern Central Southern Indiana: Northern Southern Iowa: Northern Southern Kansas Kentucky: Eastern Western Louisiana: Eastern Middle Western Maine Maryland Massachusetts Michigan: Eastern Western Minnesota Mississippi: Northern Southern Missouri: Eastern Western Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York: Northern Southern Eastern Western North Carolina: Eastern Middle Western North Dakota Ohio: Northern Southern Oklahoma: Northern Eastern Western Oregon Pennsylvania: Eastern Middle Western Puerto Rico Rhode Island South Carolina South Dakota Tennessee: Eastern Middle Western

31-194 0 - 86 - 13: QL. 3 Part 1

98 STAT. 337 1 1 8 2 1 2 4 1 1 3 1 2 2 1 2 2 2 4 4 2 4 1 2 3 3 1 1 2 1 5 2

-i

2 7 6 3 2 2 1 1 8 7 1 1 2 4 3 2 3 2 1 1 1 "^ Jr:.-: c:::, 2 2 2

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text:
Page:United States Statutes at Large Volume 98 Part 1.djvu/386

 98 STAT. 338

PUBLIC LAW 98-353—JULY 10, 1984 Texas: Northern Eastern Southern Western Utah Vermont Virginia: Eastern Western Washington; Eastern Western West Virginia: Northern Southern Wisconsin: Eastern Western Wyoming

Judicial thTu s"'^^

28 USC 158.

4 1 3 2 2 1 3 3 1 4 1 1 3 2 1.".

"(3) Whenever a majority of the judges of any court of appeals cannot agree upon the appointment of a bankruptcy judge, the chief judge of such court shall make such appointment. "(4) The judges of the district courts for the territories shall serve as the bankruptcy judges for such courts. The United States court of appeals for the circuit within which such a territorial district court is located may appoint bankruptcy judges under this chapter for such district if authorized to do so by the Congress of the United States under this section. "(b)(1) The Judicial Conference of the United States shall, from ^^^^ to time, and after considering the recommendations submitted by the Director of the Administrative Office of the United States Courts after such Director has consulted with the judicial council of the circuit involved, determine the official duty stations of bankruptcy judges and places of holding court. "(2) The Judicial Conference shall, from time to time, submit recommendations to the Congress regarding the number of bankruptcy judges needed and the districts in which such judges are needed. "(c) Each bankruptcy judge may hold court at such places within the judicial district, in addition to the official duty station of such judge, as the business of the court may require. "(d) With the approval of the Judicial Conference and of each of the judicial councils involved, a bankruptcy judge may be designated to serve in any district adjacent to or near the district for which such bankruptcy judge was appointed. "(e) A bankruptcy judge may be removed during the term for which such bankruptcy judge is appointed, only for incompetence, misconduct, neglect of duty, or physical or mental disability and only by the judicial council of the circuit in which the judge's official duty station is located. Removal may not occur unless a majority of all of the judges of such council concur in the order of removal. Before any order of removal may be entered, a full specification of charges shall be furnished to such bankruptcy judge who shall be accorded an opportunity to be heard on such charges. "(a) Each bankruptcy judge shall serve on a full-time basis and shall receive as full compensation for his services a salary at an annual rate determined under section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351-361) as adjusted by section 461 of this title, to
 * •§ 153. Salaries; character of service

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Page:United States Statutes at Large Volume 98 Part 1.djvu/387

 PUBLIC LAW 98-353—JULY 10, 1984 be paid at such times as the Judicial Conference of the United States determines. "(b) A bankruptcy judge may not engage in the practice of law and may not engage in any other practice, business, occupation, or employment inconsistent with the expeditious, proper, and impartial performance of such bankruptcy judge's duties as a judicial officer. The Conference may promulgate appropriate rules and regulations to implement this subsection. "(c) Each individual appointed under this chapter shall take the oath or affirmation prescribed by section 453 of this title before performing the duties of the office of bankruptcy judge.

98 STAT, 339

.,,„

"§ 154. Division of businesses; chief judge "(a) Each bankruptcy court for a district having more than one bankruptcy judge shall by majority vote promulgate rules for the division of business among the bankruptcy judges to the extent that the division of business is not otherwise provided for by the rules of the district court. "(b) In each district court having more than one bankruptcy judge the district court shall designate one judge to serve as chief judge of such bankruptcy court. Whenever a majority of the judges of such district court cannot agree upon the designation as chief judge, the chief judge of such district court shall make such designation. The chief judge of the bankruptcy court shall ensure that the rules of the bankruptcy court and of the district court are observed and that the business of the bankruptcy court is handled effectively and expeditiously.

28 USC 154.

"§ 155. Temporary transfer of bankruptcy judges "(a) A bankruptcy judge may be transferred to serve temporarily as a bankruptcy judge in any judicial district other than the judicial district for which such bankruptcy judge was appointed upon the approval of the judicial council of each of the circuits involved. "(b) A bankruptcy judge who has retired may, upon consent, be recalled to serve as a bankruptcy judge in any judicial district by the judicial council of the circuit within which such district is located. Upon recall, a bankruptcy judge may receive a salary for such service in accordance with regulations promulgated by the Judicial C!onference of the United States, subject to the restrictions on the payment of an annuity in subchapter III of chapter 83 of title 5.

28 USC 155.

"§ 156. Staff; expenses "(a) Each bankruptcy judge may appoint a secretary, a law clerk, and such additional assistants as the Director of the Administrative Office of the United States Courts determines to be necessary. "(b) Upon certification to the judicial council of the circuit involved and to the Director of the Administrative Office of the United States Courts that the number of cases and proceedings pending within the jurisdiction under section 1334 of this title within a judicial district so warrants, the bankruptcy judges for such district may appoint an individual to serve as clerk of such bankruptcy court. The clerk may appoint, with the approval of such bankruptcy judges, and in such number as may be approved by the Director, necessary deputies, and may remove such deputies with the approval of such bankruptcy judges. "(c) Any court may utilize facilities or services, either on or off the court's premises, which pertain to the provision of notices, dockets,

r|^^,^ ^^.^.q - ..

5 USC 8331. 28 USC 156.

Ante, p. 333.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/388

 98 STAT. 340

PUBLIC LAW 98-353—JULY 10, 1984 calendars, and other administrative information to parties in cases filed under the provisions of title 11, United States Code, where the costs of such facilities or services are paid for out of the assets of the estate and are not charged to the United States. The utilization of such facilities or services shall be subject to such conditions and limitations as the pertinent circuit council may prescribe.

28 USC 157.

"§ 157. Procedures "(a) Each district court may provide that any or all cases under 11 USC 101 et title 11 and any or all proceedings arising under title 11 or arising in bankruptcy judges for the district. "(b)(1) Bankruptcy judges may hear and determine all cases under title 11 and all core proceedings arising under title 11, or arising in a case under title 11, referred under subsection (a) of this section, and may enter appropriate orders and judgments, subject to review Post, p. 341. under section 158 of this title. "(2) Core proceedings include, but are not limited to— "(A) matters concerning the administration of the estate; "(B) allowance or disallowance of claims against the estate or exemptions from property of the estate, and estimation of claims or interest for the purposes of confirming a plan under 11 USC 1101 et chapter 11 or 13 of title 11 but not the liquidation or estimation seq., 1301 et seq. Qf contingent or unliquidated personal injury tort or wrongful death claims against the estate for purposes of distribution in a case under title 11; "(C) counterclaims by the estate against persons filing claims '• * against the estate; "(D) orders in respect to obtaining credit; "(E) orders to turn over property of the estate; "(F) proceedings to determine, avoid, or recover preferences; "(G) motions to terminate, annul or modify the automatic stay; "(H) proceedings to determine, avoid, or recover fraudulent conveyances; "(I) determinations as to the dischargeability of particular debts; "(J) objections to discharges; "(K) determinations of the validity, extent, or priority of liens; • "(L) confirmations of plans; "(M) orders approving the use or lease of property, including the use of cash collateral; "(N) orders approving the sale of property other than property resulting from claims brought by the estate against persons who have not filed claims against the estate; and "(O) other proceedings affecting the liquidation of the assets ^ of the estate or the adjustment of the debtor-creditor or the equity security holder relationship, except personal injury tort or wrongful death claims. "(3) The bankruptcy judge shall determine, on the judge's own motion or on timely motion of a party, whether a proceeding is a core proceeding under this subsection or is a proceeding that is otherwise related to a case under title 11. A determination that a proceeding is not a core proceeding shall not be made solely on the basis that its resolution may be affected by State law.
 * ^9or related to a case under title 11 shall be referred to the

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Page:United States Statutes at Large Volume 98 Part 1.djvu/389

 PUBLIC LAW 98-353—JULY 10, 1984 "(4) Non-core proceedings under section 157(b)(2)(B) of title 28, United States Code, shall not be subject to the mandatoiy abstention provisions of section 1334(c)(2). "(5) The district court shall order that personal injury tort and wrongful death claims shall be tried in the district court in which the bankruptcy case is pending, or in the district court in the district in which the claim arose, as determined by the district court in which the bankruptcy case is pending. "(c)(l) A bankruptcy judge may hear a proceeding that is not a core proceeding but that is otherwise related to a case under title 11. In such proceeding, the bankruptcy judge shall submit proposed findings of fact and conclusions of law to the district court, and any final order or judgment shall be entered by the district judge after considering the bankruptcy judge's proposed findings and conclusions and after reviewing de novo those matters to which any party has timely and specifically objected. "(2) Notwithstanding the provisions of paragraph (1) of this subsection, the district court, with the consent of all the parties to the proceeding, may refer a proceeding related to a case under title 11 to a bankruptcy judge to hear and determine and to enter appropriate orders and judgments, subject to review under section 158 of this title.

"(d) The district court may withdraw, in whole or in part, any case or proceeding referred under this section, on its own motion or on timely motion of any party, for cause shown. The district court shall, on timely motion of a party, so withdraw a proceeding if the court determines that resolution of the proceeding requires consideration of both title 11 and other laws of the United States regulating organizations or activities affecting interstate commerce. "§ 158. Appeals "(a) The district courts of the United States shall have jurisdiction to hear appeals from final judgments, orders, and decrees, and, with leave of the court, from interlocutory orders and decrees, of bankruptcy judges entered in cases and proceedings referred to the bankruptcy judges under section 157 of this title. An appeal under this subsection shall be taken only to the district court for the judicial district in which the bankruptcy judge is serving. "(b)(1) The judicial council of a circuit may establish a bankruptcy appellate panel, comprised of bankruptcy judges from districts within the circuit, to hear and determine, upon the consent of all the parties, appeals under subsection (a) of this section. "(2) No appeal may be referred to a panel under this subsection unless the district judges for the district, by majority vote, authorize such referral of appeals originating within the district. "(3) A panel established under this section shall consist of three bankruptcy judges, provided a bankruptcy judge may not hear an appeal originating within a district for which the judge is appointed or designated under section 152 of this title. "(c) An appeal under subsections (a) and (b) of this section shall be taken in the same manner as appeals in civil proceedings generally are taken to the courts of appeals from the district courts and in the time provided by Rule 8002 of the Bankruptcy Rules. "(d) The courts of appeals shall have jurisdiction of appeals from all final decisions, judgments, orders, and decrees entered under subsections (a) and (b) of this section.".

98 STAT. 341 Ante, p. 340. ^"*^' P ^ ^ ^

n use loi et ^^9-

Infra.

28 USC 158.

Ante, p. 340.

^^'

Ante, p. 336.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/390

 98 STAT. 342

PUBLIC LAW 98-353—JULY 10, 1984 (b) The table of chapters of part I of title 28, United States Code, is amended by inserting after the item relating to chapter 5, the following new item: "6. Bankruptcy judges

28 USC 153 note.

151.".

SEC. 105. (a) The salary of a bankruptcy judge in effect on June 27, 1984, shall remain in effect until changed as a result of a determination or adjustment made pursuant to section 153(a) of title 28, Ante, p. 338. United States Code, as added by this Act. 28 USC 152 note. SEC. 106. (a) Notwithstanding section 152 of title 28, United States Ante, p. 336. Code, as added by this Act, the term of office of a bankruptcy judge who is serving on the date of enactment of this Act is extended to and expires four years after the date such bankruptcy judge was last appointed to such office or on October 1, 1986, whichever is later. (b)(1) Notwithstanding section 153(a) of title 28, United States Code, as added by this Act, and notwithstanding subsection (a) of this section, a bankruptcy judge serving on a part-time basis on the date of enactment of this Act may continue to serve on such basis for a period not to exceed two years from the date of enactment of this Act. (2) Notwithstanding the provisions of section 1530t)) of title 28, United States Code, a bankruptcy judge serving on a part-time basis may engage in the practice of law but may not engage in any other practice, business, occupation, or employment inconsistent with the expeditious, proper, and impartial performance of such bankruptcy judge's duties as a judicial officer. The Judicial Conference of the United States may promulgate appropriate rules and regulations to implement this paragraph. SEC. 107. Section 372(c)(6)(B)(vii) of title 28, United States Code, is amended by striking out "section 153" and inserting in lieu thereof "section 152". SEC. 108. (a) Section 634(a) of title 28, United States Code, is amended by striking out "the rates now or hereafter provided for full-time or part-time referees in bankruptcy, respectively, referred to in section 40a of the Bankruptcy Act (11 U.S.C. 68(a)), as amended," and inserting in lieu thereof "rates determined under section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351-361) as adjusted by section 461 of this title". 28 USC 634 note. (b) The maximum rates for salary of full-time and part-time United States magistrates in effect on June 27, 1984, shall remain in effect until changed as a result of a determination made under Supra. section 634(a) of title 28, United States Code, as amended by this Act. SEC. 109. Section 957 of title 28, United States Code, is amended by strikinET out "district'. SEC. 110. Section 1360 of title 28, United States Code, is amended— (1) by striking out "or Territories"; - q V^ ' (2) by striking out "or Territory" each place it appears; and (3) by striking out "within the Territory" and inserting in lieu thereof "within the State". SEC. 111. (a) Section 1930 of title 28, United States Code, is amended by striking out "clerk of the bankruptcy court" each place it appears and inserting in lieu thereof "clerk of the court". (b) The heading for section 1930 of title 28, United States Code, is amended to read as follows:

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Page:United States Statutes at Large Volume 98 Part 1.djvu/391

 PUBLIC LAW 98-353—JULY 10, 1984 "§ 1930. Bankruptcy fees.". (c) The table of sections for chapter 125 of title 28, United States Code, is amended by striking out "Bankruptcy courts" and inserting in lieu thereof "Bankruptcy fees". SEC. 112. Subsections (f), (j), (k), (1), and (m) of section 8339, subsections (b)(1) and (d) of section 8341, and section 8344(a)(A) of title 5, United States Code, are each amended by striking out "and (o)" and inserting in lieu thereof "and (n)". SEC. 113. Section 402(b) of the Act of November 6, 1978 (Public Law 95-598; 92 Stat. 2682), is amended by striking out "shall take effect on June 28, 1984" and inserting in lieu thereof "shall not be effective''. SEC. 114. Sections 404,405(a), 405(b), 405(c), 406,407, and 409 of the Act of November 6, 1978 (Public Law 95-598; 92 Stat. 2683), are repealed. SEC. 115. (a) On the date of the enactment of this Act the appropriate district court of the United States shall have jurisdiction of— (1) cases, and matters and proceedings in cases, under the Bankruptcy Act that are pending immediately before such date in the bankruptcy courts continued by section 404(a) of the Act of November 6, 1978 (Public Law 95-598; 92 Stat. 2687), and (2) cases under title 11 of the United States Code, and proceedings arising under title 11 of the United States Code or arising in or related to cases under title 11 of the United States Code, that are pending immediately before such date in the bankruptcy courts continued by section 404(a) of the Act of November 6, 1978 (Public Law 95-598; 92 Stat. 2687). (b) On the date of the enactment of this Act, there shall be transferred to the appropriate district court of the United States appeals from final judgments, orders, and decrees of the bankruptcy courts pending immediately before such date in the bankruptcy appellate panels appointed under section 405(c) of the Act of November 6, 1978 (Public Law 95-598; 92 Stat. 2685). SEC. 116. (a) Section 8331(22) of title 5, United States Code, is amended— (1) by striking out "adding this paragraph" and inserting in lieu thereof "of November 6, 1978 (Public Law 95-598; 92 Stat. 2549)"; (2) by striking out subparagraph (A) and inserting in lieu thereof the following new subparagraph: "(A) who is serving as a United States bankruptcy judge on the date of enactment of the Bankruptcy Amendments and Federal Judgeship Act of 1984, and continues to serve as a bankruptcy judge after such date until either the date on which a successor for such judge is appointed, or October 1, 1986, whichever date is earlier;"; (3) in subparagraph (B)— (A) by striking out "transition period" and inserting in lieu thereof "period beginning on October 1, 1979, and ending on the date of enactment of the Bankruptcy Amendments and Federal Judgeship Act of 1984"; (B) by striking out the period at the end thereof and inserting in lieu thereof "; or", and (4) by adding at the end thereof the following new subparagraph:

98 STAT. 343 ^^%\k

11 USC note prec. 101.

28 USC notes prec. 151, notes prec. 1471. 28 USC 1334 note. A 11 USC note prec. 101. 28 USC note prec. 151.

28 USC note prec. 1471.

Ante, p. 333.

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Page:The Yellow Book - 06.djvu/282

 moral which these few pages will do their best to indicate. For the situation, which one is first inclined to laugh away as ridiculous, has its serious side as well, and it is a question whether the time has not arrived when we should take the literary auctioneer at his own valuation, and write him off the books.

The first thing that strikes one, I suppose, is the consideration of how immensely things have changed in the last few years to make such utterance as that which opens this paper possible. Except for a few dingy and detached houses here and there, houses which seem to break out in the centre of our trim red-brick lines of villadom—like ghosts—to trouble joy except for these (and they are few), Grub Street is no more. We all remember, or our fathers at least have declared unto us, the old-world vision of the publisher. He was a Colossus, set up at the receipt of custom, under whose huge legs the wretched authors, petty men, peeped about, striving to rivet his attention with humble tributes of carefully copied manuscript. For such as he regarded there remained hard terms and an invidious reputation. To-day all this is changed. It is now the author (have we not received it on his own authority?) who mounts into the rostrum, hammer in hand, and having at his side a bundle of type-writing, distributes to the struggling middle men a printed synopsis of the material on offer, and proceeds to start the bidding with a wholesome reserve price. Then the publishers continue one against the other, pitting royalty against royalty, advance against advance, till down comes the hammer and off go the copy and the profits. Nor, mark you, is the auctioneer contented yet; the open market, he says, is still not open enough for his desires. It seems that these men of business do not know the secrets of their own beggarly trade (have we not this, too, on the authority of the author?). They are the victims of a miserable niggardliness which forbids them to bid to the value of the material

title: Page:The Yellow Book - 06.djvu/282


text:
Page:United States Statutes at Large Volume 98 Part 1.djvu/392

 98 STAT. 344 Ante, p. 336.

PUBLIC LAW 98-353—JULY 10, 1984 "(C) who is appointed as a bankruptcy judge under section 152 of title 28.". (b)(1) The first sentence of section 8334(a)(1) of title 5, United States Code, is amended by inserting "and a bankruptcy judge" before the period. (2) The matter relating to bankruptcy judges in the table set out in section 8334(c) of title 5, United States Code, is amended— (A) by striking out the following item: "7

After January 1, 1970.".

and (B) by inserting in lieu of the item stricken by subparagraph (A) the following new items: "7 "8 97 Stat. 701. Retirement.

Effective date. 5 USC 8331 note. Retirement. 5 USC 8331 note. 97 Stat. 1105. 5 USC 5948 note.

28 USC 1 et seq. Ante, p. 336. Provisions held invalid. 28 USC 151 note.

28 USC 152 note.

January 1, 1970, to December 31, 1983. After December 31, 1983.".

(c) Section 8336 of title 5, United States Code, is amended— (1) by redesignating subsection (k) as subsection (1), and (2) by inserting after subsection (j) the following new subsection: "(k) A bankruptcy judge who is separated from service, except by removal, after becoming sixty-two years of age and completing ten years of service as a bankruptcy judge is entitled to an annuity.". (d) Section 8339 of title 5, United States Code, is amended by— (1) inserting "or (n)" after "(c)" in subsection (g)(2); (2) striking out "or (c)" each place it appears in subsection (g) and inserting in lieu thereof "(c), or (n)"; and (3) striking out "March 31, 1979, and before June 27, 1984," in subsection (n) and inserting in lieu thereof "as a referee in bankruptcy and". (e) The amendments made by this section shall take effect on the date of enactment and shall apply to bankruptcy judges who retire on or after such date. SEC. 117. The adjustments in the retirement provisions made by this Act shall not be construed to be a "new government retirement system" for purposes of the Federal Employees Retirement Contribution Temporary Adjustment Act of 1983 (Public Law 98-168). SEC. 118. Section 105 of title 11, United States Code, is amended— (1) by deleting the word "bankruptcy" wherever it appears therein; and (2) by adding at the. end thereof the following new subsection: "(c) The ability of any district judge or other officer or employee of a district court to exercise any of the authority or responsibilities conferred upon the court under this title shall be determined by reference to the provisions relating to such judge, officer, or employee set forth in title 28. This subsection shall not be interpreted to exclude bankruptcy judges and other officers or employees appointed pursuant to chapter 6 of title 28 from its operation.". SEC. 119. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of this Act, or the application of that provision to persons or circumstances other than those as to which it is held invalid, is not affected thereby. SEC. 120. (a)(1) Whenever a court of appeals is authorized to fill a vacancy that occurs on a bankruptcy court of the United States, such court of appeals shall appoint to fill that vacancy a person

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Page:Collodi - The Story of a Puppet, translation Murray, 1892.djvu/102

 could no longer fly because they had sold their beautiful coloured wings, peacocks who had no tails and were ashamed to be seen, and pheasants who went scratching about in a subdued fashion, mourning for their brilliant gold and silver feathers gone for ever.

In the midst of this crowd of beggars and shame-faced creatures, some lordly carriage passed from time to time containing a Fox, or a thieving Magpie, or some other ravenous bird of prey.

'And where is the Field of miracles?' asked Pinocchio.

'It is here, not two steps from us.'

They crossed the town, and having gone beyond the walls they came to a solitary field which to look at resembled all other fields.

'We are arrived,' said the Fox to the puppet. 'Now stoop down and dig with your hands a little hole in the ground and put your gold pieces into it.'

Pinocchio obeyed. He dug a hole, put into it the four gold pieces that he had left, and then filled up the hole with a little earth.

'Now, then,' said the Fox, 'go to that canal close to us, fetch a can of water, and water the ground where you have sowed them.'

Pinocchio went to the canal, and as he had no can he took off one of his old shoes


text:
Page:United States Statutes at Large Volume 98 Part 1.djvu/393

 PUBLIC LAW 98-353—JULY 10, 1984

98 STAT. 345

whose character, experience, ability, and impartiality qualify such person to serve in the Federal judiciary. (2) It is the sense of the Congress that the courts of appeals should consider for appointment under section 152 of title 28, United States Code, to the first vacancy which arises after the date of the enact- Ante, p. 336. ment of this Act in the office of each bankruptcy judge, the bankruptcy judge who holds such office immediately before such vacancy arises, if such bankruptcy judge requests to be considered for such appointment. Ob) The judicial council of the circuit involved shall assist the court of appeals by evaluating potential nominees and by recommending to such court for consideration for appointment to each vacancy on the bankruptcy court persons who are qualified to be bankruptcy judges under regulations prescribed by the Judicial Conference of the United States. In the case of the first vacancy which arises after the date of the enactment of this Act in the office of each bankruptcy judge, such potential nominees shall include the bankruptcy "^ '•'* judge who holds such office immediately before such vacancy arises, if such bankruptcy judge requests to be considered for such appointment and the judicial council determines that such judge is qualified under subsection (c) of this section to continue to serve. Such • 4^ >'»^^v potential nominees shall receive consideration equal to that given all other potential nominees for such position. (c) Before transmitting to the court of appeals the names of the persons the judicial council for the circuit deems best qualified to fill '^. any existing vacancy, the judicial council shall have determined

that—

(1) public notice of such vacancy has been given and an effort ^ *' has been made, in the case of each such vacancy, to identify '*''** qualified candidates, without regard to race, color, sex, religion, or national origin, (2) such persons are members in good standing of at least one State bar, or the District of Columbia bar, and members in good •"' ^*'' " m^ standing of every other bar of which they are members, (3) such persons possess, and have a reputation for, integrity and good character, (4) such persons are of sound physical and mental health, (5) such persons possess and have demonstrated commitment to equal justice under law, (6) such persons possess and have demonstrated outstanding legal ability and competence, as evidenced by substantial legal experience, ability to deal with complex legal problems, aptitude for legal scholarship and writing, and familiarity with courts and court processes, and (7) such persons demeanor, character, and personality indicate that they would exhibit judicial temperament if appointed to the position of United States bankruptcy judge. SEC. 121. (a) Section 402 of the Act entitled "An Act to establish a n use note uniform Law on the Subject of Bankruptcies" (Public Law 95-598) is P^^ec lOi amended in subsections (b) and (e) by striking out "June 28, 1984" each place it appears and inserting in lieu thereof "the date of ,.>js enactment of the Bankruptcy Amendments and Federal Judgeship Act of 1984". (b) Section 404 of such Act is amended in subsections (a) and (b) by 28 USC note striking out "June 27, 1984" each place it appears and inserting in P^®'^- ^^^ lieu thereof "the day before the date of enactment of the Bankruptcy Amendments and Federal Judgeship Act of 1984".

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Page:United States Statutes at Large Volume 98 Part 1.djvu/394

 98 STAT. 346 28 USC note prec. 151.

28 USC note prec. 1471.

28 USC note prec. 151. Ante, p. 268.

Ante, p. 268.

Effective date. 28 USC 151 note. Ante, p. 333. Ante, p. 335.

Effective date.

President of U.S. 28 USC 44 note.

President of U.S.

28 USC 44.

PUBLIC LAW 98-353—JULY 10, 1984 (c) Section 406 of such Act is amended by striking out "June 27, 1984" each place it appears and inserting in lieu thereof "the day before the date of enactment of the Bankruptcy Amendments and Federal Judgeship Act of 1984". (d) Section 409 of such Act is amended by— (1) striking out "June 28, 1984" each place it appears and inserting in lieu thereof "the day before the date of enactment of the Bankruptcy Amendments and Federal Judgeship Act of 1984"; and (2) striking out "June 27, 1984" each place it appears and inserting in lieu thereof "the day before the date of enactment of the Bankruptcy Amendments and Federal Judgeship Act of 1984". (e) The term of office of any bankruptcy judge who was serving on June 27, 1984, is extended to and shall expire at the end of the day of enactment of this Act. (f) Section 8339(n) of title 5, United States Code, is amended by striking out "June 28, 1984" and inserting in lieu thereof "the date of enactment of the Bankruptcy Amendments and Federal Judgeship Act of 1984". (g) Section 8331(22) of title 5, United States Code, is amended by striking out "June 27, 1984" and inserting in lieu thereof "the day before the date of enactment of the Bankruptcy Amendments and Federal Judgeship Act of 1984". SEC. 122. (a) Except as otherwise provided in this section, this title and the amendments made by this title shall take effect on the date of the enactment of this Act. (b) Section 1334(c)(2) of title 28, United States Code, and section 1411(a) of title 28, United States Code, as added by this Act, shall not apply with respect to cases under title 11 of the United States Code that are pending on the date of enactment of this Act, or to proceedings arising in or related to such cases. (c) Sections 108(b), 113, and 121(e) shall take effect on June 27, 1984. TITLE II—JUDGESHIPS SEC. 201. (a)(1) Subject to the provisions of paragraph (2), the President shall appoint, by and with the advice and consent of the Senate, two additional circuit judges for the first circuit court of appeals, two additional circuit judges for the second circuit court of appeals, two additional circuit judges for the third circuit court of appeals, one additional circuit judge for the fourth circuit court of appeals, two additional circuit judges for the fifth circuit court of appeals, four additional circuit judges for the sixth circuit court of appeals, two additional circuit judges for the seventh circuit court of appeals, one additional circuit judge for the eighth circuit court of appeals, five additional circuit judges for the ninth circuit court of appeals, two additional circuit judges for the tenth circuit court of appeals, and one additional circuit judge for the District of Columbia circuit court of appeals. (2) The President shall appoint, by and with the advice and consent of the Senate, no more than 11 of such judges prior to January 21, 1985. (b) In order that the table contained in section 44(a) of title 28, United States Code, will, with respect to each judicial circuit, reflect the changes in the total number of permanent circuit judgeships

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Page:United States Statutes at Large Volume 98 Part 1.djvu/395

 PUBLIC LAW 98-353—JULY 10, 1984

98 STAT. 347

authorized as a result of subsection (a) of this section, such table is amended to read as follows: "Circuits District of Columbia First Second Third Fourth Fifth Sixth Seventh Eighth Ninth Tenth Eleveirth. Federal

Number of Judges 12 6 13 12 11 16 15 11 10 28 10 12 12.".

SEC. 202. (a) Subject to the provisions of subsection (c), the President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the southern district of Alabama, one additional district judge for the district of Alaska, five additional district judges for the central district of California, one additional district judge for the district of Colorado, one additional district judge for the district of Connecticut, one additional district judge for the district of Delaware, three additional district judges for the southern district of Florida, one additional district judge for the middle district of Georgia, one additional district judge for the district of Hawaii, four additional district judges for the northern district of Illinois, one additional district judge for the southern district of Illinois, one additional district judge for the western district of Kentucky, one additional district judge for the western district of Louisiana, one additional district judge for the district of Maryland, one additional district judge for the district of Massachusetts, two additional district judges for the eastern district of Michigan, one additional district judge for the district of Minnesota, one additional district judge for the northern district of Mississippi, two additional district judges for the southern district of Mississippi, one additional district judge for the eastern district of Missouri, one additional district judge for the district of Montana, one additional district judge for the district of Nevada, three additional district judges for the district of New Jersey, one additional district judge for the northern district of New York, two additional district judges for the eastern district of New York, one additional district judge for the southern district of Ohio, one additional district judge for the western district of Oklahoma, one additional district judge for the district of Rhode Island, one additional district judge for the eastern district of Tennessee, one additional district judge for the western district of Tennessee, one additional district judge for the northern district of Texas, two additional district judges for the eastern district of Texas, one additional district judge for the western district of Texas, one additional district judge for the district of Utah, one additional district judge for the eastern district of Virginia, one additional district judge for the eastern district of Washington, one additional district judge for the western district of Washington, and one additional district judge for the district of Wyoming. (b) Subject to the provisions of subsection (c) the President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the western district of Arkansas, one additional district judge for the northern district of Illinois,

President of U.S. 28 USC 133 note.

President of U.S. 28 USC 133 note.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/396

 98 STAT. 348

PUBLIC LAW 98-353—JULY 10, 1984

one additional district judge for the northern district of Indiana, one additional district judge for the district of Massachusetts, one additional district judge for the western district of New York, one additional district judge for the eastern district of North Carolina, one additional district judge for the northern district of Ohio, and one additional district judge for the western district of Washington. The first vacancy in each of the offices of district judge authorized by this subsection, occurring five years or more after the effective date of this Act, shall not be filled. President of U.S. (c) For the judgeships created in subsections (a) and (b), the 28 USC 133 note. President shall appoint, by and with the advice and consent of the Senate, no more than twenty-nine of such judges prior to January 21, 1985. 28 USC 133 note. (d) The existing district judgeship for the district of Minnesota and the existing district judgeship for the northern district of Ohio, heretofore authorized by section 2 of the Act of October 20, 1978 28 USC 133 note. (Public Law 95-486, 92 Stat. 1631), shall, as of the effective date of this Act, be authorized under section 133 of title 28, United States Code, and the incumbents of those offices shall henceforth hold their offices under section 133, as amended by this Act. 28 USC 133. (e) In order that the table contained in section 133 of title 28, United States Code, will, with respect to each judicial district, reflect the changes in the total number of permanent district judgeships authorized as a result of subsections (a) and (c) of this section, such table is amended to read as follows: "Districts Alabama: Northern Middle Southern Alaska Arizona Arkansas: Eastern Western Eastern and Western California: Northern Eastern Central Southern Colorado. Connecticut Delaware District of Columbia Florida: Northern Middle Southern Georgia: Northern Middle Southern Hawaii Idaho Illinois: Northern Central Southern Indiana: Northern Southern

Judges 7 3 3 3 8 3 1 2 12 6 22 7 7 6 4 15 3 9 15 11 3 3 3 2 20 3 3 4 5

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Page:United States Statutes at Large Volume 98 Part 1.djvu/397

 PUBLIC LAW 98-353—JULY 10, 1984 Iowa: Northern Southern Northern and Southern Kansas Kentucky: Eastern Western Eastern and Western Louisiana: Eastern Middle Western Maine Maryland Massachusetts Michigan: Eastern Western Minnesota Mississippi: Northern Southern Missouri: Eastern Western Eastern and Western Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York: Northern Southern Eastern Western North Carolina: Eastern Middle Western North Dakota Ohio: Northern Southern Oklahoma: Northern Eastern Western Northern, Eastern, and Western Oregon Pennsylvania: Eastern Middle Western Puerto Rico Rhode Island South Carolina South Dakota Tennessee: Eastern Middle Western Texas: Northern Eastern Southern Western Utah Vermont

98 STAT. 349 1 2 1 5 4 4 1 13 2 6 2 10 11 15 4 7 3 5 5 5 2 3 3 4 2 14 4

„

4 27 12 3 3 3 3 2 10 7 2 1 4 2 5 19 5 10 7 3 8 3 4 3 4 10 6 13 7 4 2

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Page:United States Statutes at Large Volume 98 Part 1.djvu/398

 PUBLIC LAW 98-353—JULY 10, 1984

98 STAT. 350 Virginia: Eastern Western Washington: Eastern Western West Virginia: Northern Southern Wisconsin: Eastern Western Wyoming

9 4 3 6 2 4 4 2 2.".

SEC. 203. (a) Section 131 of title 28, United States Code, is amended in the second paragraph thereof by inserting "Jackson," after "Lander,". (b) Section 98(a) of title 28, United States Code, is amended by inserting ", and Houma" after "New Orleans". SEC. 204. (a) Section 371 of title 28, United States Code, is amended to read as follows: "§ 371. Retirement on salary; retirement in senior status "(a) Any justice or judge of the United States appointed to hold office during good behavior may retire from the office after attaining the age and meeting the service requirements, whether continuous or otherwise, of subsection (c) and shall, during the remainder of his lifetime, receive an annuity equal to the salary he was receiving at the time he retired. "Ob) Any justice or judge of the United States appointed to hold office during good behavior may retain the office but retire from regular active service after attaining the age and meeting the service requirements, whether continuous or otherwise, of subsection (c) of this section and shall, during the remainder of his lifetime, continue to receive the salary of the office. "(c) The age and service requirements for retirement under this section are as follows: "Attained age: 65 66 67 68 69 70 President of U.S.

Years of service: 15 14 13 12 11 10

"(d) The President shall appoint, by and with the advice and consent of the Senate, a successor to a justice or judge who retires under this section.". (b) The item relating to section 371 in the table of sections of chapter 17 of title 28 is amended to read as follows: "371. Retirement on salary; retirement in senior status.".

28 USC 371 note.

Retirement.

Supra.

(c) The amendments made by this section shall apply with respect to any justice or judge of the United States appointed to hold office during good behavior who retires on or after the date of enactment of this Act. SEC. 205. Section 8701(a) of title 5, United States Code, is amended by redesignating paragraphs (5) through (8) as paragraphs (6) through (9), respectively, and by adding a new paragraph (5) as follows: "(5) a justice or judge of the United States appointed to hold office during good behavior (i) who is in regular active judicial service, or (ii) who is retired from regular active service under section 3710)) or 372(a) of title 28, United States Code, or (iii)

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Page:United States Statutes at Large Volume 98 Part 1.djvu/399

 PUBLIC LAW 98-353—JULY 10, 1984 who has resigned the judicial office under section 371(a) of title 28 with the continued right during the remainder of his lifetime to receive the salary of the office at the time of his resicmation*' • SEC. 206. Section 8714a(c) of title 5, United States Code, is amended by adding a new paragraph (3) as follows: "(3) Notwithstanding paragraph (c)(1) of this section, a justice or judge of the United States as defined by section 8701(a)(5) of this title who resigns his office without meeting the requirements of section 371(a) of title 28, United States Code, for continuation of the judicial salary shall have the right to convert regular optional life insurance coverage issued under this section during his judicial service to an individual policy of life insurance under the same conditions approved by the Office governing conversion of basic life insurance coverage for employees eligible as provided in section 8706(a) of this title.". SEC. 207. Section 8714b(c) of title 5, United States Code, is amended by adding to paragraph (1) at the end thereof the following: "A justice or judge of the United States as defined by section 8701(a)(5) of this title who resigns his office without meeting the requirements of section 371(a) of title 28, United States Code, for continuation of the judicial salary shall have the right to convert additional optional life insurance coverage issued under this section during his judicial service to an individual policy of life insurance under the same conditions approved by the Office governing conversion of basic life insurance coverage for employees eligible as provided in section 8706(a) of this title.. SEC. 208. (a) Section 8706 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: "(f) Under regulations prescribed by the Office, each policy purchase under this chapter shall provide that an insured Federal judge may make an irrevocable assignment of the judge's incidents of ownership in the policy.". (b) The heading for section 8706 of title 5, United States Code, and the item relating to section 8706 in the analysis for chapter 87 of such title are each amended by inserting "; assignment of ownership" after "insurance". SEC. 209. (a) Except as provided in subsection (h), the amendments made by this Act to section 8706 of title 5, United States Code, shall apply to policies purchased by judges after the date of enactment of this Act. (b) If a company which issued a policy which is in effect on the date of the enactment of this Act agrees, the amendments made by this Act shall apply to such policy. SEC. 210. Section 634(c) of title 28, United States Code, is amended by striking out "subsection III" and inserting in lieu thereof "subchapter III". SEC. 211. It is the sense of the Congress that the President, in selecting individuals for nomination to the Federal judgeships created by this Act, shall give due consideration to qualified individuals without regard to race, color, sex, religion, or national origin.

98 STAT. 351 Ante, p. 350.

Insurance.

Ante, p. 350. Ante, p. 350.

Insurance.

Ante, p. 350. Ante, p. 350.

.iTi?4i.i/c;,

5 USC 8706 note.

Discrimination, prohibition. 28 USC 44 note.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/400

 98 STAT. 352

PUBLIC LAW 98-353—JULY 10, 1984 TITLE III-AMENDMENTS TO TITLE 11 OF THE UNITED STATES CODE SUBTITLE A—CONSUMER CREDIT AMENDMENTS

Supra.

11 USC 701 et s«9-

SEC. 301. Section 109 of title 11, United States Code, is amended by adding at the end thereof the following new subsection: "(f) Notwithstanding any other provision of this section, no individual may be a debtor under this title who has been a debtor in a case pending under this title at any time in the preceding 180 days if— "(1) the case was dismissed by the court for willful failure of the debtor to abide by orders of the court, or to appear before the court in proper prosecution of the case; or "(2) the debtor requested and obtained the voluntary dismissal of the case following the filing of a request for relief from the automatic stay provided by section 362 of this title.". SEC. 302. Section 342 of title 11, United States Code, is amended— (1) by inserting "(a)" before "There shall be given", and (2) by adding at the end thereof the following new subsection: "(b) Prior to the commencement of a case under this title by an individual whose debts are primarily consumer debts, the clerk shall give written notice to such individual that indicates each chapter of this title under which such individual may proceed.". SEC. 303. Section 349(a) of title 11, United States Code, is amended by inserting before the period at the end thereof "; nor does the dismissal of a case under this title prejudice the debtor with regard to the filing of a subsequent petition under this title, except as provided in section 109(f) of this title". SEC. 304. Section 362 of title 11, United States Code, is amended by adding at the end thereof the following new subsection: "(h) An individual injured by any willful violation of a stay provided by this section shall recover actual damages, including costs and attorneys' fees, and, in appropriate circumstances, may recover punitive damages.". SEC. 305. Section 521 of title 11, United States Code, is amended— (1) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively, (2) in paragraph (1) by inserting "a schedule of current income and current expenditures," after "liabilities,", and (3) by inserting after paragraph (1) the following new paragraph: "(2) if an individual debtor's schedule of assets and liabilities includes consumer debts which are secured by property of the estate— "(A) within thirty days after the date of the filing of a petition under chapter 7 of this title or on or before the date of the meeting of creditors, whichever is earlier, or within such additional time as the court, for cause, within such period fixes, the debtor shall file with the clerk a statement of his intention with respect to the retention or surrender of such property and, if applicable, specifying that such property is claimed as exempt, that the debtor intends to redeem such property, or that the debtor intends to reaffirm debts secured by such property; "(B) within forty-five days after the filing of a notice of intent under this section, or within such additional time as

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 PUBLIC LAW 98-353—JULY 10, 1984 the court, for cause, within such forty-five day period fixes, the debtor shall perform his intention with respect to such property, as specified by subparagraph (A) of this paragraph; and "(C) nothing in subparagraphs (A) and (B) of this paragraph shall alter the debtor's or the trustee's rights with regard to such property under this title;". SEC. 306. (a) Section 522(b) of title 11, United States Code, is amended by striking out "Notwithstanding" and all that follows through "either—" and inserting in lieu thereof the following: "Notwithstanding section 541 of this title, an individual debtor may exempt from property of the estate the property listed in either paragraph (1) or, in the alternative, paragraph (2) of this subsection. In joint cases filed under section 302 of this title and individual cases filed under section 301 or 303 of this title by or against debtors who are husband and wife, and whose estates are ordered to be jointly administered under Rule 1015(b) of the Bankruptcy Rules, one debtor may not elect to exempt property listed in paragraph (1) and the other debtor elect to exempt property listed in paragraph (2) of this subsection. If the parties cannot agree on the alternative to be elected, they shall be deemed to elect paragraph (1), where such election is permitted under the law of the jurisdiction where the case is filed. Such property is—". (b) Section 522(d)(3) of title 11, United States Code, is amended by inserting "or $4,000 in aggregate value" after "item". (c) Section 522(d)(5) of title 11, United States Code, is amended to read as follows: "(5) The debtor's aggregate interest in any property, not to exceed in value $400 plus up to $3,750 of any unused amount of the exemption provided under paragraph (1) of this subsection.". (d) Section 522(m) of title 11, United States Code, is amended to read as follows: "(m) Subject to the limitation in subsection (b), this section shall apply separately with respect to each debtor in a joint case.". SEC. 307. (a) Section 523(a)(2) of title 11, United States Code, is amended— (1) in subparagraph (A) by striking out "or" at the end thereof, (2) in subparagraph (B) by inserting "or" at the end thereof, and (3) by adding at the end thereof the following new subparagraph: "(C) for purposes of subparagraph (A) of this paragraph, consumer debts owed to a single creditor and aggregating i' more than $500 for 'luxury goods or services' incurred by an individual debtor on or within forty days before the order for relief under this title, or cash advances aggregating more than $1,000 that are extensions of consumer credit under an open end credit plan obtained by an individual debtor on or within twenty days before the order for relief under this title, are presumed to be nondischargeable; 'luxury goods or services' do not include goods or services reasonably acquired for the support or maintenance of the debtor or a dependent of the debtor; an extension of consumer credit under an open end credit plan is to be defined

98 STAT. 353

li USC app.

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 98 STAT. 354

Real property.

PUBLIC LAW 98-353—JULY 10, 1984 for purposes of this subparagraph as it is defined in the Consumer Credit Protection Act (15 U.S.C. 1601 et seq.);". (b) Section 523(d) of title 11, United States Code, is amended to read as follows: "(d) If a creditor requests a determination of dischargeability of a consumer debt under subsection (a)(2) of this section, and such debt is discharged, the court shall grant judgment in favor of the debtor for the costs of, and a reasonable attorney's fee for, the proceeding if the court finds that the position of the creditor was not substantially justified, except that the court shall not award such costs and fees if special circumstances would make the award unjust.". SEC. 308. (a) Section 524(a)(2) of title 11, United States Code, is amended by striking out "or from property of the debtor,". (b) Section 524(c) of title 11, United States Code, is amended— (1) by striking out paragraph (2), (2) by redesignating paragraphs (3) and (4) as paragraphs (5) and (6), respectively, and (3) by inserting after paragraph (1) the following new paragraphs: "(2) such agreement contains a clear and conspicuous statement which advises the debtor that the agreement may be rescinded at any time prior to discharge or within sixty days after such agreement is filed with the court, whichever occurs later, by giving notice of rescission to the holder of such claim; "(3) such agreement has been filed with the court and, if applicable, accompanied by a declaration or an affidavit of the attorney that represented the debtor during the course of negotiating an agreement under this subsection, which states that such agreement— "(A) represents a fully informed and voluntary agreement by the debtor; and "(B) does not impose an undue hardship on the debtor or a dependent of the debtor; "(4) the debtor has not rescinded such agreement at any time prior to discharge or within sixty days after such agreement is filed with the court, whichever occurs later, by giving notice of recission to the holder of such claim;" and (4) by amending paragraph (6), as so redesignated, to read as follows: "(6)(A) in a case concerning an individual who was not represented by an attorney during the course of negotiating an agreement under this subsection, the court approves such agreement as— "(i) not imposing an undue hardship on the debtor or a dependent of the debtor; and (ii) in the best interest of the debtor. "(B) Subparagraph (A) shall not apply to the extent that such debt is a consumer debt secured by real property.". (c) Section 524(d)(2) of title 11, United States Code, is amended by striking out "subsection (c)(4)" and inserting in lieu thereof "subsection (c)(6)". (d) Section 524 of title 11, United States Code, is amended by adding at the end thereof the following new subsection: "(f) Nothing contained in subsection (c) or (d) of this section prevents a debtor from voluntarily repaying any debt.". SEC. 309. Section 525 of title 11, United States Code, is amended— (1) by inserting "(a)" before "Except",

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 PUBLIC LAW 98-353—JULY 10, 1984 (2) by inserting "the" before "Perishable", and (3) by adding at the end thereof the following new subsection: "(b) No private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or has been a debtor under this title, a debtor or bankrupt under the Bankruptcy Act, or an individual associated with such debtor or bankrupt, solely because such debtor or bankrupt— "(1) is or has been a debtor under this title or a debtor or bankrupt under the Bankruptcy Act; "(2) has been insolvent before the commencement of a case under this title or during the case but before the grant or denial of a discharge; or "(3) has not paid a debt that is dischargeable in a case under this title or that was discharged under the Bankruptcy Act.". SEC. 310. Section 547(c) of title 11, United States Code, is amended— (1) in paragraph (5) by striking out "or" at the end thereof, (2) in paragraph (6) by striking out the period at the end thereof and inserting in lieu thereof "; or", and (3) by adding at the end thereof the following new paragraph: y-j<: "(7) jf^ jjj 3 f.g^Q fiigj^ jjy gjj ffldivldual debtor whose debts are primarily consumer debts, the aggregate value of all property that constitutes or is affected by such transfer is less than $600.". SEC. 311. (a) Section 704 of title 11, United States Code, is amended— (1) by redesignating paragraphs (3), (4), (5), (6), (7), and (8) as paragraphs (4), (5), (6), (7), (8), and (9), respectively, and (2) by inserting after paragraph (2) the following new paragraph: "(3) ensure that the debtor shall perform his intention as specified in section 521(2)(B) of this title;". (b)(1) Section 1106(a)(1) of title 11, United States C!ode, is amended by striking out "704(4), 704(6), 704(7), and 704(8)" and inserting in lieu thereof "704(5), 704(7), 704(8), and 704(9)". (2) Section 1304(c) of title 11, United States Code, is amended by striking out "section 704(7)" and inserting in lieu thereof "section 704(8)". (3) Section 15103(f) of title 11, United States Code, is amended by striking out "704(8)," and inserting in lieu thereof "704(9),". (4) Section 15130lOt))(l) of title 11, United States Code, is amended by striking out "and 704(8)" and inserting in lieu thereof ", 704(7), and 704(9)^'. SEC. 312. Section 707 of title 11, United States Code, is amended— (1) by inserting "(a)" before "The court may" and (2) by adding at the end thereof the following new subsection: "(b) After notice and a hearing, the court, on its own motion and not at the request or suggestion of any party in interest, may dismiss a case filed by an individual debtor under this chapter whose debts are primarily consumer debts if it finds that the granting of relief would be a substantial abuse of the provisions of this chapter. There shall be a presumption in favor of granting the relief requested by the debtor.". SEC. 313. Section 1301 of title 11, United States Code, is amended by adding at the end thereof the following new subsection: "(d) Twenty days after the filing of a request under subsection (c)(2) of this section for relief from the stay provided by subsection (a)

98 STAT. 355 Employment and unemployment. Discrimination, prohibition. 11 USC note prec. 101.

Ante, p. 352.

11 USC 151302.

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 98 STAT. 356

Claims.

PUBLIC LAW 98-353—JULY 10, 1984 of this section, such stay is terminated with respect to the party in interest making such request, unless the debtor or any individual that is liable on such debt with the debtor files and serves upon such party in interest a written objection to the taking of the proposed action.". SEC. 314. Section 1302(b) of title 11, United States Code, is amended— (1) by amending paragraph (1) to read as follows: "(1) perform the duties specified in sections 704(2), 704(3), 704(4), 704(5), 704(6), 704(7), and 704(9) of this title;"; (2) in paragraph (2) by striking out "and" at the end thereof, (3) in paragraph (3) by striking out the period and inserting in lieu thereof "; and", and (4) by adding at the end thereof the following new paragraph: "(4) ensure that the debtor commences making timely payments under section 1326 of this title.". SEC. 315. Section 1307(c) of title 11,. United States Code, is amended— (1) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (5), (6), (7), and (8), respectively, and (2) by inserting after paragraph (3) the following new paragraph: "(4) failure to commence making timely payments under section 1326 of this title;". SEC. 316. Section 1322(b)(1) of title 11, United States Code, is amended to read as follows: "(1) designate a class or classes of unsecured claims, as provided in section 1122 of this title, but may not discriminate unfairly against any class so designated; however, such plan may treat claims for a consumer debt of the debtor if an individual is liable on such consumer debt with the debtor differently than other unsecured claims;". SEC. 317. Section 1325 of title 11, United States Code, is amended— (1) in subsection (a) by striking out "The" and inserting in lieu thereof "Except as provided in subsection (b), the", (2) by redesignating subsection (b) as subsection (c), and (3) by inserting after subsection (a) the following new subsection: "(b)(1) If the trustee or the holder of an allowed unsecured claim objects to the confirmation of the plan, then the court may not approve the plan unless, as of the effective date of the plan— "(A) the value of the property to be distributed under the plan on account of such claim is not less than the amount of such claim; or "(B) the plan provides that all of the debtor's projected disposable income to be received in the three-year period beginning on the date that the first payment is due under the plan will be applied to make payments under the plan. "(2) For purposes of this subsection, 'disposable income' means income which is received by the debtor and which is not reasonably necessary to be expended— "(A) for the maintenance or support of the debtor or a dependent of the debtor; or "(B) if the debtor is engaged in business, for the payment of expenditures necessary for the continuation, preservation, and operation of such business.".

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Page:United States Statutes at Large Volume 98 Part 1.djvu/405

 PUBLIC LAW 98-353—JULY 10, 1984

98 STAT. 357

SEC. 318. (a) Section 1326 of title 11, United States Code, is amended— (1) by redesignating subsections (a) and (b) as subsections (b) and (c), respectively, and (2) by inserting before such subsections the following new subsection: "(a)(1) Unless the court orders otherwise, the debtor shall commence making the payments proposed by a plan within 30 days after the plan is filed. "(2) A payment made under this subsection shall be retained by the trustee until confirmation or denial of confirmation of a plan. If a plan is confirmed, the trustee shall distribute any such payment in accordance with the plan. If a plan is not confirmed, the trustee shall return any such payments to the debtor, after deducting any unpaid claim allowed under section 503(b) of this title.". (b) Section 15103(f) of title 11, United States Code, is amended by striking out "1326(a)," and inserting in lieu thereof "13260)),". SEC. 319. Section 1329(a) of title 11, United States Code, is amended by striking out "At" and all that follows through "modifled to—", and inserting in lieu thereof the following: "At any time after confirmation but before the completion of payments under a plan, the plan may be modified, upon request of the debtor, the trustee, or the holder of an allowed unsecured claim, to—". SEC. 320. The Supreme Court shall prescribe general rules imple- Supreme Court menting the practice and procedure to be followed under section ooVflr 28 u s 707(b) of title 11, United States Code. Section 2075 of title 28, United note.' e 2075 States Code, shall apply with respect to the general rules prescribed Ante, p. 355. under this section. SEC. 321. Rule 2002 of the Bankruptcy Rules is amended by adding il USC app. at the end thereof the following new subdivision: "(n) In a voluntary case commenced under the Code by an individual debtor whose debts are primarily consumer debts, the clerk, or some other person as the court may direct, shall give the trustee and - -> • all creditors notice by mail of the order for relief not more than 20 days after the entry of such order.". SEC. 322. Official Bankruptcy Form No. 1, referred to in Rule 1002 of the Bankruptcy Rules, is amended— il USC app. (1) by inserting after paragraph (5) the following: "(6) [If petitioner is an individual whose debts are primarily consumer debts.] Petitioner is aware that [he or she] may proceed under chapter 7 or 13 of title 11, United States Code, n USC 701 et understands the relief available under each such chapter, and ^^^ • ^^^^ ^^ ^^^ chooses to proceed under chapter 7 of such title. "(7) [If petitioner is an individual whose debts are primarily consumer debts and such petitioner is represented by an attorney.] A declaration or an affidavit in the form of Exhibit 'B' is attached to and made a part of this petition.", and (2) by inserting after Exhibit "A" at the end thereof the following new exhibit: "EXHIBIT ' B '

"[If petitioner is an individual whose debts are primarily consumer debts, this Exhibit 'B' shall be completed and attached to the petition pursuant to paragraph (7) thereof.]

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Page:United States Statutes at Large Volume 98 Part 1.djvu/406

 98 STAT. 358

PUBLIC LAW 98-353—JULY 10, 1984 ai,

" [ C A P T I O N AS IN FORM N O. 1 ]

"FOR COURT USE ONLY "Date Petition Filed "Case Number "Bankruptcy Judge

"I,, the attorney for the petitioner named in the foregoing petition, declare that I have informed the petitioner that [he or she] may proceed under chapter 7 or 13 of title 11, United States Code, and have explained the relief available under each such chapter. "Executed on "Signature Attorney for Petitioner".

28 USC note prec. 581 92 Stat. 2b8b.

"^'

SEC. 323. Section 408(c) of the Act of November 6, 1978 (Public Law 95-598; 92 Stat. 2687(c)), as amended by the Act of November 28, 1983 (Public Law 98-166; 97 Stat. 1071), is amended by striking out "September 30, 1984" and inserting in lieu thereof "September 30, 1986". SEC. 324. Section 1103(b) of title 11, United States Code, is amended by striking out "A person" and inserting in lieu thereof "An attorney or accountant" SUBTITLE B—AMENDMENTS RELATING TO GRAIN STORAGE FACILITY BANKRUPTCY

SEC. 350, Section 507(a) of title 11, United States Code, is amended— (1) by striking out "(5) Fifth" and inserting in lieu thereof "(6) Sixth" (2) by striking out "(6) Sixth" and inserting in Heu thereof "(7) Seventh"; and Fish and fishing. (3) by adding after paragraph (4) the following: "(5) Fifth, allowed unsecured claims of persons— "(A) engaged in the production or raising of grain, as Post, p. 359. defined in section 5570t>)(l) of this title, against a debtor who owns or operates a grain storage facility, as defined in section 557(b)(2) of this title, for grain or the proceeds of grain, or "(B) engaged as a United States fisherman against a debtor who has acquired fish or fish produce from a fisher^ man through a sale or conversion, and who is engaged in operating a fish produce storage or processing facility— but only to the extent of $2,000 for each such individual.". SEC. 351. Section 546 of title 11, United States Code, is amended— (1) in the first sentence of subsection (c) thereof, by striking out "The" and inserting in lieu thereof "Except as provided in subsection (d) of this section, the"; and (2) by redesignating subsection (d) as subsection (e); and (3) by inserting after subsection (c) the following: "(d) In the case of a seller who is a producer of grain sold to a grain storage facility, owned or operated by the debtor, in the ordinary course of such seller's business (as such terms are defined Post, p. 359. in section 557 of this title) or in the case of a United States fisherman who has caught fish sold to a fish processing facility owned or operated by the debtor in the ordinary course of such

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Page:United States Statutes at Large Volume 98 Part 1.djvu/407

 PUBLIC LAW 98-353—JULY 10, 1984

98 STAT. 359

fisherman's business, the rights and powers of the trustee under sections 544(a), 545, 547, and 549 of this title are subject to any statutory or common law right of such producer or fisherman to reclaim such grain or fish if the debtor has received such grain or fish while insolvent, but— "(1) such producer or fisherman may not reclaim any grain or Claims. fish unless such producer or fisherman demands, in writing, reclamation of such grain or fish before ten days after receipt thereof by the debtor; and "(2) the court may deny reclamation to such a producer or fisherman with a right of reclamation that has made such a demand only if the court secures such claim by a lien.". SEC. 352. (a) Chapter 5 of title 11, United States Code, is amended by adding at the end thereof the following new section: "§ 557. Expedited determination of interests in, and abandonment ii use 557. or other disposition of grain assets "(a) This section applies only in a case concerning a debtor that owns or operates a grain storage facility and only with respect to grain and the proceeds of grain. This section does not affect the application of any other section of this title to property other than grain and proceeds of grain. "(b) In this section— "(1) 'grain' means wheat, com, flaxseed, grain sorghum, barley, oats, rye, soybeans, other dry edible beans, or rice; "(2) 'grain storage facility' means a site or physical structure regularly used to store grain for producers, or to store grain acquired from prodOicers for resale; and "(3) 'producer' means an entity which engages in the growing of grain. "(c)(1) Notwithstanding sections 362, 363, 365, and 554 of this title, on the court's own motion the court may, and on the request of the trustee or an entity that claims an interest in grain or the proceeds of grain the court shall, expedite the procedures for the determination of interests in and the disposition of grain and the proceeds of grain, by shortening to the greatest extent feasible such time periods as are otherwise applicable for such procedures and by establishing, by order, a timetable having a duration of not to exceed 120 days for the completion of the applicable procedure specified in subsection (d) of this section. Such time periods and such timetable may be modified by the court, for cause, in accordance with subsection (f) of this section, "(2) The court shall determine the extent to which such time periods shall be shortened, based upon— "(A) any need of an entity claiming an interest in such grain or the proceeds of grain for a prompt determination of such interest; ' "(B) any need of such entity for a prompt disposition of such grain; "(C) the market for such grain; "(D) the conditions under which such grain is stored; "(E) the costs of continued storage or disposition of such grain; "(F) the orderly administration of the estate; "(G) the appropriate opportunity for an entity to assert an interest in such grain; and "(H) such other considerations as are relevant to the need to expedite such procedures in the case.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/408

 98 STAT. 360

PUBLIC LAW 98-353—JULY 10, 1984

"(d) The procedures that may be expedited under subsection (c) of this section include— "(1) the filing of and response to— "(A) a claim of ownership; "(B) a proof of claim; "(C) a request for abandonment; "(D) a request for relief from the stay of action against property under section 362(a) of this title; "(E) a request for determination of secured status; "(F) a request for determination of whether such grain or the proceeds of grain— "(i) is property of the estate; "(ii) must be turned over to the estate; or "(iii) may be used, sold, or leased; and
 * •: 'Xll • • 4#*

^rJ "(G) any other request for determination of an interest in such grain or the proceeds of grain; "(2) the disposition of such grain or the proceeds of grain, before or after determination of interests in such grain or the proceeds of grain, by way of— "(A) sale of such grain; "(B) abandonment; "(C) distribution; or "(D) such other method as is equitable in the case; "(3) subject to sections 701, 702, 703, 1104, and 1302 of this title, the appointment of a trustee or examiner and the retention and compensation of any professional person required to assist with respect to matters relevant to the determination of interests in or disposition of such grain or the proceeds of grain; and "(4) the determination of any dispute concerning a matter specified in paragraph (1), (2), or (3) of this subsection. "(e)(1) Any governmental unit that has regulatory jurisdiction over the operation or liquidation of the debtor or the debtor's business shall be given notice of any request made or order entered under subsection (c) of this section. "(2) Any such governmental unit may raise, and may appear and be heard on, any issue relating to grain or the proceeds of grain in a case in which a request is made, or an order is entered, under subsection (c) of this section. "(3) The trustee shall consult with such governmental unit before taking any action relating to the disposition of grain in the possession, custody, or control of the debtor or the estate. "(f) The court may extend the period for final disposition of grain or the proceeds of grain under this section beyond 120 days if the court finds that— "(1) the interests of justice so require in light of the complexity of the case; and "(2) the interests of those claimants entitled to distribution of grain or the proceeds of grain will not be materially injured by such additional delay. "(g) Unless an order establishing an expedited procedure under subsection (c) of this section, or determining any interest in or approving any disposition of grain or the proceeds of grain, is stayed pending appeal— "(1) the reversal or modification of such order on appeal does not affect the validity of any procedure, determination, or disposition that occurs before such reversal or modification,

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Page:United States Statutes at Large Volume 98 Part 1.djvu/409

 PUBLIC LAW 98-353—JULY 10, 1984

98 STAT. 361

whether or not any entity knew of the pendency of the appeal; and "(2) neither the court nor the trustee may delay, due to the appeal of such order, any proceeding in the case in which such order is issued. "(h)(1) The trustee may recover from grain and the proceeds of grain the reasonable and necessary costs and expenses allowable under section 503(b) of this title attributable to preserving or disposing of grain or the proceeds of grain, but may not recover from such grain or the proceeds of grain any other costs or expenses. "(2) Notwithstanding section 326(a) of this title, the dollar amounts of money specified in such section include the value, as of the date of disposition, of any grain that the trustee distributes in kind. "(i) In all cases where the quantity of a specific type of grain held by a debtor operating a grain storage facility exceeds ten thousand bushels, such grain shall be sold by the trustee and the assets thereof distributed in accordance with the provisions of this section.". (b) The table of sections of chapter 5 of title 11, United States Code, is amended by adding at the end thereof the following new item: '557 Expedited determination of interests in and disposition of grain.".

SEC. 353. Section 901(a) of title 11, United States Code, is amended by inserting "557," after "553,". SEC. 354. Rule 3001 of the Bankruptcy Rules is amended by adding at the end thereof the following new subdivision. "(g) To the extent not inconsistent with the United States Warehouse Act or applicable State law, a warehouse receipt, scale ticket, or similar document of the type routinely issued as evidence of title by a grain storage facility, as defined in section 557 of title 11, shall constitute prima facie evidence of the validity and amount of a claim of ownership of a quantity of grain". Subtitle C—Leasehold Management Amendments SEC. 361. This subtitle may be cited as the "Leasehold Management Bankruptcy Amendments Act of 1983". SEC. 362. (a) Section 365 of title 11, United States Code, is amended by amending subsections (a), (b), (c), and (d) to read as follows: "(a) Except as provided in sections 765 and 766 of this title and in subsections (b), (c), and (d) of this section, the trustee, subject to the court's approval, may assume or reject any executory contract or unexpired lease of the debtor. "(b)(1) If there has been a default in an executory contract or unexpired lease of the debtor, the trustee may not assume such contract or lease unless, at the time of assumption of such contract or lease, the trustee— "(A) cures, or provides adequate assurance that the trustee will promptly cure, such default; "(B) compensates, or provides adequate assurance that the trustee will promptly compensate, a party other than the debtor to such contract or lease, for any actual pecuniary loss to such party resulting from such default; and "(C) provides adequate assurance of future performance under such contract or lease.

11 USC app. 7 USC 241. Ante, p. 359.

Leasehold Management Bankruptcy Amendments Act of 1983. 11 USC 365 note.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/410

 98 STAT. 362

'^

.

11 USC 701 et
 * ^9-

PUBLIC LAW 98-353—JULY 10, 1984 "(2) Paragraph (1) of this subsection does not apply to a default that is a breach of a provision relating to— "(A) the insolvency or financial condition of the debtor at any time before the closing of the case; "(B) the commencement of a case under this title; or "(C) the appointment of or taking possession by a trustee in a case under this title or a custodian before such commencement. "(3) For the purposes of paragraph (1) of this subsection and paragraph (2)(B) of subsection (f), adequate assurance of future performance of a lease of real property in a shopping center includes adequate assurance— "(A) of the source of rent and other consideration due under such lease, and in the case of an assignment, that the financial condition and operating performance of the proposed assignee and its guarantors, if any, shall be similar to the financial condition and operating performance of the debtor and its guarantors, if any, as of the time the debtor became the lessee under the lease; "(B) that any percentage rent due under such lease will not decline substantially; "(C) that assumption or assignment of such lease is subject to all the provisions thereof, including (but not limited to) provisions such as a radius, location, use, or exclusivity provision, and will not breach any such provision contained in any other lease, financing agreement, or master agreement relating to such shopping center; and "(D) that assumption or assignment of such lease will not disrupt any tenant mix or balance in such shopping center. "(4) Notwithstanding any other provision of this section, if there has been a default in an unexpired lease of the debtor, other than a default of a kind specified in paragraph (2) of this subsection, the trustee may not require a lessor to provide services or supplies incidental to such lease before assumption of such lease unless the lessor is compensated under the terms of such lease for any services and supplies provided under such lease before assumption of such lease. "(c) The trustee may not assume or assign any executory contract or unexpired lease of the debtor, whether or not such contract or lease prohibits or restricts assignment of rights or delegation of duties, if— "(1)(A) applicable law excuses a party, other than the debtor, to such contract or lease from accepting performance from or rendering performance to an entity other than the debtor or the debtor in possession or an assignee of such contract or lease, whether or not such contract or lease prohibits or restricts assignment of rights or delegation of duties; and "(B) such party does not consent to such assumption or assignment; or "(2) such contract is a contract to make a loan, or extend other debt financing or financial accommodations, to or for the benefit of the debtor, or to issue a security of the debtor; or "(3) such lease of nonresidential real property has been terminated under applicable nonbankruptcy law prior to the order for relief. "(d)(1) In a case under chapter 7 of this title, if the trustee does not assume or reject an executory contract or unexpired lease of residential real property or of personal property of the debtor within 60

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Page:United States Statutes at Large Volume 98 Part 1.djvu/411

 PUBLIC LAW 98-353—JULY 10, 1984 days after the order for relief, or within such additional time as the court, for cause, within such 60-day period, fixes, then such contract or lease is deemed rejected. "(2) In a case under chapter 9, 11, or 13 of this title, the trustee may assume or reject an executory contract or unexpired lease of residential real property or of personal property of the debtor at any time before the confirmation of a plan but the court, on the request of any party to such contract or lease, may order the trustee to determine within a specified period of time whether to assume or reject such contract or lease. "(3) The trustee shall timely perform all the obligations of the debtor, except those specified in section 365(b)(2), arising from and after the order for relief under any unexpired lease of nonresidential real property, until such lease is assumed or rejected, notwithstanding section 503(b)(1) of this title. The court may extend, for cause, the time for performance of any such obligation that arises within 60 days after the date of the order for relief, but the time for performance shall not be extended beyond such 60-day period. This subsection shall not be deemed to affect the trustee's obligations under the provisions of subsection (b) or (f) of this section. Acceptance of any such performance does not constitute waiver or relinquishment of the lessor's rights under such lease or under this title. "(4) Notwithstanding paragraphs (1) and (2), in a case under any chapter of this title, if the trustee does not assume or reject an unexpired lease of nonresidential real property under which the debtor is the lessee within 60 days after the date of the order for relief, or within such additional time as the court, for cause, within such 60-day period, fixes, then such lease is deemed rejected, and the trustee shall immediately surrender such nonresidential real property to the lessor.". (b) Section 365 is further amended by adding at the end thereof the following new subsection: "(1) If an unexpired lease under which the debtor is the lessee is assigned pursuant to this section, the lessor of the property may require a deposit or other security for the performance of the debtor's obligations under the lease substantially the same as would have been required by the landlord upon the initial leasing to a similar tenant. "(m) For purposes of this section 365 and sections 541(b)(2) and 362(b)(9), leases of real property shall include any rental agreement to use real property.". SEC. 363. (a) Section 541(b) of title 11, United States Code, is amended to read as follows: "(b) Property of the estate does not include— "(1) any power that the debtor may exercise solely for the benefit of an entity other than the debtor; or "(2) any interest of the debtor as a lessee under a lease of nonresidential real property that has terminated at the expiration of the stated term of such lease before the commencement of the case under this title, and ceases to include any interest of the debtor as a lessee under a lease of nonresidential real property that has terminated at the expiration of the stated term of such lease during the case.". (b) Section 362flb) of title 11 of the United States Code is amended byw (1) striking out "or" at the end of paragraph (7), (2) replacing the period after paragraph (8) with "; or", and

98 STAT. 363

ll USC 901 et seq., llQl et seq., ^' *^^

Ante, p. 361.

ic i '»iq

Real property. infra^ n; J,J.U H s f >?sq

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Page:United States Statutes at Large Volume 98 Part 1.djvu/412

 98 STAT. 364

PUBLIC LAW 98-353—JULY 10, 19^4 (3) adding the following after paragraph (8): "(9) under subsection (a) of this section, of any act by a lessor to the debtor under a lease of nonresidential real property that has terminated by the expiration of the stated term of the lease before the commencement of or during a case under this title to obtain possession of such property.". Subtitle D—Amendments to Title 11, Section 523 Relating to the Discharge of Debts Incurred by Persons Driving While Intoxicated SEC. 371. Section 523(a) of title 11, United States Code, is amended byCD striking out "or" at the end of paragraph (8); and (2) by adding the following new paragraph after such paragraph: "(9) to any entity, to the extent that such debt arises from a judgment or consent decree entered in a court of record against the debtor wherein liability was incurred by such debtor as a result of the debtor's operation of a motor vehicle while legally intoxicated under the laws or regulations of any jurisdiction within the United States or its territories wherein such motor vehicle was operated and within which such liability was incurred; or".

Referees Salary

Subtitle E—Referees Salary and Expense Fund

and Expense

Fund Act of 11 USC note prec. 101. 11 USC note prec. 101.

11 USC note prec. 101.

gg(, 381 This subtitle may be cited as the "Referees Salary and Expense Fund Act of 1984". SEC. 382. Section 403(e) of the Act of November 6, 1978 (92 Stat. 2683; Public Law 95-598), is amended to read as follows: "(e) Notwithstanding subsection (a) of this section— "(1) a fee may not be charged under section 40c(2)(a) of the Bankruptcy Act in a case pending under such Act after September 30, 1979, to the extent that such fee exceeds $200,000; "(2) a fee may not be charged under section 40c(2)(b) of the Bankruptcy Act in a case in which the plan is confirmed after September 30, 1978, or in which the final determination as to the amount of such fee is made after September 30, 1979, notwithstanding an earlier confirmation date, to the extent that such fee exceeds $100,000; "(3) after September 30, 1979, all moneys collected for payment into the referees' salary and expense fund in cases filed under the Bankruptcy Act shall be collected and paid into the general fund of the Treasury; and "(4) any balance in the referees' salary and expense fund in the Treasury on October 1, 1979, shall be transferred to the general fund of the Treasury and the referees' salary and expense fund account shall be closed.". Subtitle F—Amendments Regarding Repurchase Agreements SEC. 391. Section 101 of title 11, United States C!ode, is amended— (1) by redesignating paragraphs (35), (36), (37), (38), (39), (40), and (41), as paragraphs (37), (38), (39), (40), (41), (42), and (43), respectively, and (2) by inserting after paragraph (34) the following new paragraphs:

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Page:Collodi - The Story of a Puppet, translation Murray, 1892.djvu/103

 and filling it with water he watered the ground over the hole.

He then asked:

'Is there anything else to be done?'

'Nothing else,' answered the Fox. 'We can now go away. You can return in about twenty minutes, and you will find a shrub already pushing through the ground, with its branches quite loaded with money.'

The poor puppet, beside himself with joy, thanked the Fox and the Cat a thousand times, and promised them a beautiful present.

'We wish for no presents,' answered the two rascals. 'It is enough for us to have taught you the way to enrich yourself without undergoing hard work, and we are as happy as folk out for a holiday.'

Thus saying they took leave of Pinocchio, and wishing him a good harvest went about their business.