[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6020 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6020

To amend title 11 of the United States Code with respect to the sale by 
          the trustee of property that is subject to a lease.


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                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 2010

     Mr. Clay (for himself, Mr. Rangel, and Ms. Lee of California) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

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                                 A BILL


 
To amend title 11 of the United States Code with respect to the sale by 
          the trustee of property that is subject to a lease.

    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 ``Tenant Rights Restoration Act of 
2010''.

SEC. 2. AMENDMENT.

    Section 363 of title 11, the United States Code, is amended by 
adding at the end the following:
    ``(r) Notwithstanding subsection (f), the trustee may not sell real 
estate that is the property of the estate free and clear of an existing 
leasehold interest unless the lessee is permitted to elect 1 of the 
following 2 options upon the entry of the order authorizing such a 
sale:
            ``(1) The lessee may treat such lease as terminated by the 
        sale.
            ``(2) The lessee may retain its rights under such lease 
        (including rights such as those relating to the amount and 
        timing of payment of rent and other amounts payable by the 
        lessee and any right of use, possession, quiet enjoyment, 
        subletting, assignment, or hypothecation) that are in or 
        appurtenant to the real property for the balance of the term of 
        such lease and for any renewal or extension of such rights to 
        the extent that such rights are enforceable under applicable 
        nonbankruptcy law.''.
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