[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 339 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 339

 To amend title 11 of the United States Code with respect to avoiding 
               certain liens that impair exempt property.


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                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 1993

Mr. Sarpalius introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 11 of the United States Code with respect to avoiding 
               certain liens that impair exempt property.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Secured Credit Availability 
Amendments of 1993''.

SEC. 2. AMENDMENTS.

    Section 522 of title 11, United States Code, is amended--
            (1) in subsection (f) by inserting ``and except as provided 
        in subsection (n)'' after ``exemptions'', and
            (2) by adding at the end the following:
    ``(n) The debtor may not avoid the fixing of a lien on an interest 
of the debtor in property to the extent that such lien impairs an 
exemption to which the debtor would have been entitled under subsection 
(b)(2), if--
            ``(A) such lien is a nonpossessory, nonpurchase-money 
        security interest in any tools of the trade, implements, 
        animals, or crops; and
            ``(B) the State law referred to in such subsection 
        prohibits the debtor from avoiding the fixing of such lien to 
        such extent.''.

SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

    (a) Effective Date.--Except as provided in subsection (b), the 
amendments made by section 2 shall take effect on the date of the 
enactment of this Act.
    (b) Application of Amendments.--The amendments made by section 2 
shall not apply with respect to cases commenced under title 11 of the 
United States Code before the date of the enactment of this Act.

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