[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 530 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 530

 To amend title 11, United States Code, to limit the value of certain 
  real and personal property that a debtor may elect to exempt under 
              State or local law, and for other purposes.


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                   IN THE SENATE OF THE UNITED STATES

                             April 9, 1997

   Mr. Kohl introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 11, United States Code, to limit the value of certain 
  real and personal property that a debtor may elect to exempt under 
              State or local law, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bankruptcy Abuse Reform Act of 
1997''.

SEC. 2. LIMITATION.

    Section 522 of title 11, United States Code, is amended--
            (1) in subsection (b)(2)(A), by inserting ``subject to 
        subsection (n),'' before ``any property''; and
            (2) by adding at the end the following new subsection:
    ``(n) As a result of electing under subsection (b)(2)(A) to exempt 
property under State or local law, a debtor may not exempt an aggregate 
interest that exceeds $100,000 in value in--
            ``(1) real or personal property that the debtor or a 
        dependent of the debtor uses as a residence;
            ``(2) a cooperative that owns property that the debtor or a 
        dependent of the debtor uses as a residence; or
            ``(3) a burial plot for the debtor or a dependent of the 
        debtor.''.
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