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104TH CONGRESS

2D SESSION S. 1559

To make technical corrections to title 11, United States Code, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 6, 1996

Mr. GRASSLEY (for himself and Mr. HEFLIN) introduced the following bill;

which was read twice and referred to the Committee on the Judiciary

A BILL

To make technical corrections to title 11, United States

Code, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Bankruptcy Technical

5 Corrections Act of 1996’’.

6 SEC. 2. DEFINITIONS.

7 Section 101 of title 11, United States Code, is

8 amended—

9 (1) by striking ‘‘In this title—’’ and inserting

10 ‘‘In this title:’’;
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1 (2) in paragraph (51B)—

2 (A) by inserting ‘‘family farms and’’ after

3 ‘‘other than’’; and

4 (B) by striking all after ‘‘thereto’’ and in5 serting a semicolon;

6 (3) by reordering the paragraphs so that the

7 terms defined in the section are in alphabetical order

8 and redesignating the paragraphs accordingly;

9 (4) in paragraph (37)(B), as redesignated, by

10 striking ‘‘paragraphs (21B) and (33)(A)’’ and in11 serting ‘‘paragraphs (23) and (35)(A)’’;

12 (5) in each paragraph, by inserting a heading,

13 the text of which is comprised of the term defined

14 in the paragraph;

15 (6) by inserting ‘‘The term’’ after each para16 graph heading; and

17 (7) by striking the semicolon at the end of each

18 paragraph and ‘‘; and’’ at the end of paragraphs

19 (35) and (38) and inserting a period.

20 SEC. 3. ADJUSTMENT OF DOLLAR AMOUNTS.

21 Section 104 of title 11, United States Code, is

22 amended by inserting ‘‘522(f)(3),’’ after ‘‘522(d),’’ each

23 place it appears.
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1 SEC. 4. COMPENSATION TO OFFICERS.

2 Section 330(a) of title 11, United States Code, is

3 amended—

4 (1) in paragraph (1), by inserting ‘‘, or the

5 debtor’s attorney’’ after ‘‘1103’’;

6 (2) in paragraph (3), by striking ‘‘(3)(A) In’’

7 and inserting ‘‘(3) In’’; and

8 (3) in paragraph (4)(A)(ii)(I), by striking ‘‘or’’

9 and inserting ‘‘and’’.

10 SEC. 5. EFFECT OF CONVERSION.

11 Section 348(f)(2) of title 11, United States Code, is

12 amended by inserting ‘‘of the estate’’ after ‘‘property’’ the

13 first place it appears.

14 SEC. 6. ALLOWANCE OF ADMINISTRATIVE EXPENSES.

15 Section 503(b)(4) of title 11, United States Code, is

16 amended by inserting ‘‘subparagraph (A), (B), (C), (D),

17 or (E) of’’ after ‘‘under’’.

18 SEC. 7. PRIORITIES.

19 Section 507(a)(7) of title 11, United States Code, is

20 amended by inserting ‘‘unsecured’’ after ‘‘allowed’’.

21 SEC. 8. EXEMPTIONS.

22 Section 522 of title 11, United States Code, is

23 amended—

24 (1) in subsections (b)(1) and (d)(10)(E), by

25 striking ‘‘unless’’ and inserting ‘‘but only to the ex26 tent that’’; and
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1 (2) in subsection (f)(1)(A)(ii)(II), by striking

2 ‘‘support.;’’ and inserting ‘‘support;’’.

3 SEC. 9. EXCEPTIONS TO DISCHARGE.

4 Section 523(a)(3) of title 11, United States Code, is

5 amended by striking ‘‘or (6)’’ each place it appears and

6 inserting ‘‘(6), or (15)’’;

7 SEC. 10. PROTECTION AGAINST DISCRIMINATORY TREAT8 MENT.

9 Section 525(c) of title 11, United States Code, is

10 amended—

11 (1) in paragraph (1), by inserting ‘‘student’’ be12 fore ‘‘grant’’ the second place it appears; and

13 (2) in paragraph (2), by striking ‘‘the program

14 operated under part B, D, or E of’’ and inserting

15 ‘‘any program operated under’’.

16 SEC. 11. PROPERTY OF THE ESTATE.

17 Section 541(b)(4)(B)(ii) of title 11, United States

18 Code (as added by section 208(b) of the Bankruptcy Re19 form Act of 1994), is amended by inserting ‘‘365 or’’ be20 fore ‘‘542’’.

21 SEC. 12. LIMITATIONS ON AVOIDING POWERS.

22 Subsection (g) of section 546 of title 11, United

23 States Code, as added by section 222(a) of the Bank24 ruptcy Reform Act of 1994 (108 Stat. 4129), is redesig25 nated as subsection (h).
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1 SEC. 13. LIABILITY OF TRANSFEREE OF AVOIDED TRANS2 FER.

3 Section 550(c)(1) of title 11, United States Code, is

4 amended by striking ‘‘547(b)’’ and inserting ‘‘547’’.

5 SEC. 14. GENERAL PROVISIONS.

6 Section 901(a) of title 11, United States Code, is

7 amended by inserting ‘‘1123(d),’’ after ‘‘1123(b),’’.

8 SEC. 15. DISCHARGE.

9 Section 1228 of title 11, United States Code, is

10 amended by striking ‘‘1222(b)(10)’’ each place it appears

11 and inserting ‘‘1222(b)(9)’’.

12 SEC. 16. CONTENTS OF PLAN.

13 Section 1322 of title 11, United States Code, is

14 amended—

15 (1) in subsection (b), by striking ‘‘(c)’’ and in16 serting ‘‘(d)’’; and

17 (2) in subsection (e), by striking the comma

18 after ‘‘default’’ the second place it appears.

19 SEC. 17. DISCHARGE.

20 Section 1328(a) of title 11, United States Code, is

21 amended—

22 (1) in paragraph (1), by adding ‘‘or’’ after the

23 semicolon;

24 (2) in paragraph (2), by striking ‘‘or 523(a)(9)

25 of this title; or’’ and inserting a period; and
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1 (3) in paragraph (3), by inserting ‘‘, or a fine

2 to the extent such fine exceeds $500,’’ after ‘‘restitu3 tion’’.

4 SEC. 18. BANKRUPTCY REVIEW COMMISSION.

5 Section 604 of the Bankruptcy Reform Act of 1994

6 (108 Stat. 4147) is amended—

7 (1) by striking subsection (g); and

8 (2) by redesignating subsection (h) as sub9 section (g).

10 SEC. 19. EFFECTIVE DATE OF AMENDMENTS.

11 The amendments made by this Act shall apply in all

12 cases or proceedings filed or commenced on or after March

13 22, 1996.

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