An Act to amend the Bankruptcy Act, sections 2, 14, 15, 17, 38, and 58, to permit the discharge of debts in a subsequent proceeding after denial of discharge for specified reasons in an earlier proceeding to authorize courts of bankruptcy to determine try
PL 91-467 (S.4247), enacted 10/19/1970

990 
PUBLIC LAW 91-466-OCT. 17, 1970 
[84 STAT. 
Administration. 
Appropriation. 
SEC. 3. The Secretary of the Interior shall administer the Anderson-
ville National Historic Site in accordance with the Act of August 25, 
1916 (39 Stat. 535), as amended and supplemented (16 U.S.C. 1 et seq.), 
and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467). 
SEC. 4. There are authorized to be appropriated not more than 
$363,000 for the acquisition of lands and interests in lands and not 
more than $1,605,000 (March 1969 prices) j for development, plus or 
minus such amounts, if any, as may be justified by reason of ordinary 
fluctuations 
in construction costs as indicated by engineering cost 
indices applicable to the types of construction involved herein. 
Approved October 16, 1970. 
Public Law 91-466 
October 17, 1970 
A N 
A C T 
[H. R. 4599] 
To extend for two years the period for which payments in lieu of taxes may be 
made with respect to certain real property transferred by the Reconstruction 
Finance Corporation and its subsidiaries to other Government departments. 
Reconstruction 
Finance Corpor-
ation. 
81 Stat. 119. 
40 u s e 523. 
40 u s e 524. 
Repeal. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assemhled^ That (a) section 703 
of the Federal Property and Administrative Services Act of 1949 (69 
Stat. 722) is amended by striking out the figures "1969", and inserting 
in lieu thereof the figures "1971". 
(b) Section 704 of such Act (69 Stat. 723) is amended by striking 
out the figures "1968", and inserting in lieu thereof the figures "1970". 
SEC. 2. Title VII (including the table of contents relating thereto) 
of the Federal Property and Administrative Services Act of 1949 (40 
U.S.C. 521-524) is repealed as of January 1, 1971. 
Approved October 17, 1970. 
October 19, 1970 
[S. 4247] 
Public Law 91-467 
AN ACT 
To amend the Bankruptcy Act, sections 2, 14, 15, 17, 38, and 58, to permit the 
discharge of debts in a subsequent proceeding after denial of discharge for 
specified reasons in an earlier proceeding, to authorize courts of bankruptcy 
to determine the dischargeability or nondischargeability of provable debts, 
and to provide additional grounds for the revocation of discharges. 
Bankruptcy Act, 
amendments. 
Discharges. 
52 Stat. 843. 
79 Stat. 646. 
Post, 
p. 992. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That clause (12) of 
subdivision a, section 2, of the Bankruptcy Act (11 U.S.C. 11(a) 
(12)) is amended to read as follows: 
"(12) Discharge or refuse to discharge bankrupts, set aside 
discharges, determine the dischargeability of debts, and render 
judgments thereon;". 
SEC. 2. Subdivision b of section 14 of the Bankruptcy Act (11 
U.S.C. 32(b)) is amended to read as follows: 
"b. (1) The court shall make an order fixing a time for the filing 
of objections to the bankrupt's discharge and a time for the filing 
of applications pursuant to paragraph (2) of subdivision c of sec-
tion 17 of this Act to determine the dischargeability of debts, which 
time or times shall be not less than thirty days nor more than ninety 
days after the first date set for the first meeting of creditors. Notice 
of such order shall be given to all parties in interest as provided in 
section 58b of this Act. The Court may, upon its own motion or, 
for cause shown, upon motion of any party in interest, extend the 
time or times for filing such objections or applications. 
84 STAT. ] 
PUBLIC LAW 91-467-OCT. 19, 1970 
991 
"(2) Upon the expiration of the time fixed in the order for filing 
objections or of any extension of such time granted by the court, the 
court shall discharge the bankrupt if no objection has been filed and if 
the filing fees required to be paid by this Act have been paid in full; 
otherwise, the court shall hear such proofs and pleas as may be made 
in opposition to the discharge, by the trustee, creditors, the United 
States attorney, or such other attorney as the Attorney General may 
designate, at such time as will give the bankrupt and the objecting 
parties a reasonable opportunity to be fully heard." 
SEC. 3. Section 14 of the Bankruptcy Act (11 U.S.C. 32) is ^^arge'°^'^^^" 
amended by adding at the end thereof the following new subdivisions: 
52 stat. sso; 
"f. An order of discharge shall— 
^^ ^*^*' ^46. 
"(1) declare that any judgment theretofore or thereafter 
obtained in any other court is null and void as a determination of 
the personal liability of the bankrupt with respect to any of the 
following: (a) debts not excepted from the discharge under sub-
division a of section 17 of this Act; (b) debts discharged under 
paragraph (2) of subdivision c of section 17 of this Act; and (c) 
debts determined to be discharged under paragraph (3) of sub-
division c of section 17 of this Act; and 
" (2) enjoin all creditors whose debts are discharged from there-
after instituting or continuing any action or employing any proc-
ess to collect such debts as personal liabilities of the bankrupt. 
"g. An order of discharge which has become final may be registered 
Registration. 
in any other district by filing therein a certified copy of such order 
and when so registered shall have the same effect as an order of the 
bankruptcy court of the district where registered and may be 
enforced in like manner. 
"h. Within forty-five days after the order of discharge becomes final 
the court shall give notice of the entry thereof to all parties in interest 
as specified in subdivision b of section 58 of this Act. Such notice shall 
also specify the debts, if any, theretofore determined by the court to bo 
nondischargeable, the debts, if any, as to which applications to deter-
mine dischargeaJbility are pending, and those contents of the order of 
discharge required by subdivision f of this section." 
SEC. 4. Section 15 of the Bankruptcy Act (11 U.S.C. 33) is amended 
52 stat. ssi 
to read as follows: 
"SEC. 15. DISCHARGES, W H E N REVOKED.—The court may revoke a dis-
charge upon the application of a creditor, the trustee, the United States 
x 
attorney, or any other party in interest, who has not been guilty of 
laches, filed at any time within one year after a discharge has been 
granted, if it shall appear (1) that the discharge was obtained through 
the fraud of the bankrupt, that the knowledge of the fraud has come 
to the applicant since the discharge was granted, and that the facts 
did not warrant the discharge; or (2) that the bankrupt, before or after 
discharge, received or became entitled to receive property of any 
kind which is or which became a part of the bankrupt estate and that 
he knowingly and fraudulently failed to report or to deliver such 
property to the trustee; or (3) that the bankrupt during the pendency 
of the proceeding refused to obey any lawful order of, or to answer any 
material question approved by, the court. The application to revoke 
for such refusal may be filed at any time during the pendency of the 
proceeding or within one year after the discharge was granted, which-
ever period is longer." 
Notice to 
interested parties. 
992 
PUBLIC LAW 91-467-OCT. 19, 1970 
[84 STAT. 
fe°?dby dfs" 
SEC. 5. Clauses (2), (5), and (6) of subdvision a of section 17 of 
charge, 
the Bankruptcy Act (11 U.S.C. 35(a) (2), (5), (6)) are amended 
74stat. 409„ 
to read as foUows: 
"(2) are liabilities for obtaining money or property by false 
pretenses or false representations, or for obtaining money or 
property on credit or obtaining an extension or renewal of credit 
in reliance upon a materially false statement in writing respecting 
his financial condition made or published or caused to be made 
or published in any manner whatsoever with intent to deceive, or 
for willful and malicious conversion of the property of another;" 
"(5) are for wages and commissions to the extent they are en-
11 use fo ^' 
titled to priority under subdivision a of section 64 of this Act;" 
"(6) are due for moneys of an employee received or retained 
by his employer to secure the faithful performance by such 
employee of the terms of a contract of employment;". 
SEC. 6. Subdivision a of section 17 of the Bankruptcy Act (11 
U.S.C. 35(a)) is amended by adding at the end thereof the following 
new clauses: 
" (7) are for alimony due or to become due, or for maintenance 
or support of wife or child, or for seduction of an unmarried 
female or for breach of promise of marriage accompanied by 
seduction, or for criminal conversation; or 
"(8) are liabilities for willful and malicious injuries to the 
person or property of another other than conversion as excepted 
^"P'^* 
under clause (2) of this subdivision." 
SEC. 7. Section 17 of the Bankruptcy Act (11 U.S.C. 35) is amended 
by adding at the end thereof the following new subdivisions: 
"b. The failure of a bankrupt or debtor to obtain a discharge in 
a prior proceeding under this Act for any of the following reasons 
shall not bar the release by discharge in a subsequent proceeding under 
the Act of debts that were dischargeable under subdivision a of this 
section in the prior proceeding: (1) discharge was denied in the prior 
proceeding solely under clause (5) or clause (8) of subdivision c of 
66 Stat. 422; 
scctiou 14 of this Act; (2) the prior proceeding was dismissed with-
^^Tu'sc ^
3
^
2
*
. 
out prejudice for failure to pay filing fees or to secure costs. If a bank-
rupt or debtor fails to obtain a discharge in a proceeding under this 
52 Stat. 850. 
^Q^ hj Teasou of a waiver filed pursuant to section 14a of this Act or 
by reason of a denial on any ground under section 14c of this Act 
other than clause (5) or clause (8) thereof, the debts provable in 
such proceeding shall not be released by a discharge granted in any 
subsequent proceeding under this Act. A debt not released by a dis-
charge in a proceeding under this Act by reason of clause (3) of 
74 Stat. 409. 
subdivisiou a of this section 17 may nevertheless be dischargeable in a 
subsequent bankruptcy proceeding. 
Filing o
f appii- 
«p_ ^i^ r£\^Q bankrupt or any creditor may file an application 
with the court for the determination of the dischargeability of any 
debt. 
" (2) A creditor who contends that his debt is not discharged under 
Supra. 
clause (2), (4), or (8) of subdivision a of this section must file an 
application for a determination of dischargeabilitv within the time 
fixed by the court pursuant to paragraph (1) oi subdivision b of 
84 STAT. ] 
PUBLIC LAW 91-467-OCT. 19, 1970 
993 
section 14 of this Act and, unless an application is timely filed, the 
"*"'*' ^' ^^°" 
debt shall be discharged. Notwithstanding the preceding sentence, 
no application need be filed for a debt excepted by clause (8) if a 
right to trial by jury exists and any party to a pending action on 
such debt has timely demanded a trial by jury or if either the bank-
rupt or a creditor submits a signed statement of an intention to do so. 
"(3) After hearing upon notice, the court shall determine the dis-
chargeability of any debt for which an application for such determi-
nation has been filed, shall make such orders as are necessary to 
protect or effectuate a determination that any debt is dischargeable and, 
if any debt is determined to be nondischargeable, shall determine the 
remaining issues, render judgment, and make all orders necessary for 
the enforcement thereof. A creditor who files such application does not 
submit himself to the jurisdiction of the court for any purposes other 
than those specified in this subdivision c. 
" (4) The provisions of this subdivision c shall apply whether or not Applicability. 
an action on a debt is then pending in another court and any party 
may be enjoined from instituting or continuing such action prior to 
or during the pendency of a proceeding to determine its discharge-
ability under this subdivision c. 
"(5) Nothing in this subdivision c shall be deemed to affect the 
right of any party, upon timely demand, to a trial by jury where such 
right exists. 
"(6) If a bankruptcy case is reopened for the purpose of obtaining 
the orders and judgments authorized by this subdivision c, no addi-
tional filing fee shall be required." 
SEC. 8. Clause (4) of section 38 of the Bankruptcy Act (11 U.S.C. refeTias!'"''"" "' 
66) is amended by adding at the end thereof the following: ", deter- 
52 stat. 857. 
mine the dischargeability of debts, and render judgments thereon". 
SEC. 9. Subdivision b of section 58 of the Bankruptcy Act (11 U.S.C. 
Notices. 
94(b)) is amended to read as follows: 
71 stat. 599. 
"b. The court shall give at least thirtv days' notice by mail of the last 
day fixed by its order for the filing 01 objections to a bankrupt's dis-
charge and for the filing of applications pursuant to paragraph (2) of 
subdivision c of section 17 of this Act to determine the disdiargeaoility 
of debts (1) to the creditors in the manner prescribed in subdivision a 
of this section; (2) to the trustee, if any, and his attorney, if any, at 
their respective addresses as filed b^ them with the court; and (3) 
to the United States attorney of the judicial district wherein the pro-
ceeding is pending. The court shall also give at least thirty days' notice 
by man of the time and place of a heariqg upon objections to a bank-
rupt's discharge (1) to the bankrupt, at his last known address as 
appears in his petition, schedules, list of creditors, or statement of 
affairs, or, if no address so appears, to his last known address as fur-
nished by the trustee or other party after inquiry; (2) to the bankrupt's 
attorney, if any, at his address as filed by him with the court; and (3) 
to the objecting parties and their attorneys, at their respective addresses 
as filed by them with the court." 
SEC. 10. The provisions of this amendatory Act shall take effect on 
Effective date. 
and after sixty days from the date of its approval and shall govern 
proceedings in all cases filed after such date. 
Approved October 19, 1970. 
Ante, p. 992.