[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1282 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1282

 To amend title 11, United States Code, to limit the value of certain 
   real and personal property that an individual debtor may elect to 
  exempt under State or local law; to make nondischargeable consumer 
   debts for luxury goods and services acquired in the 90-day period 
ending on the date a case is commenced under such title; and to permit 
 parties in interest to request the dismissal of cases under chapter 7 
                             of such title.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 25, 1999

   Mr. Barrett of Wisconsin introduced the following bill; which was 
               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 an individual debtor may elect to 
  exempt under State or local law; to make nondischargeable consumer 
   debts for luxury goods and services acquired in the 90-day period 
ending on the date a case is commenced under such title; and to permit 
 parties in interest to request the dismissal of cases under chapter 7 
                             of such title.

    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 ``Individual Bankruptcy Abuse Reform 
Act of 1999''.

SEC. 2. LIMITATION ON EXEMPT PROPERTY.

    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:
    ``(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 interest 
that exceeds $100,000 in value, in the aggregate, 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.''.

SEC. 3. NONDISCHARGEABLE DEBTS FOR LUXURY GOODS AND SERVICES.

    Section 523(a)(2)(C) of title 11, United States Code, is amended by 
striking ``60'' the first place it appears and inserting ``90''.

SEC. 4. MOTIONS BY PARTIES IN INTEREST TO DISMISS CHAPTER 7 CASES.

    Section 707(b) of title 11, United States Code, is amended by 
striking ``but not at the request or suggestion of'' and inserting 
``or''.

SEC. 5. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

    (a) Effective Date.--Except as provided in subsection (b), this Act 
and the amendments made by this Act shall take effect on the date of 
the enactment of this Act.
    (b) Application of Amendments.--The amendments made by this Act 
shall apply only with respect to cases commenced under title 11 of the 
United States Code on or after the date of the enactment of this Act.
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