[Congressional Record Volume 142, Number 117 (Friday, August 2, 1996)]
[Senate]
[Pages S9617-S9618]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            THE BANKRUPTCY TECHNICAL CORRECTIONS ACT OF 1996

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                       HEFLIN AMENDMENT NO. 5151

  Mr. STEVENS (for Mr. Heflin) proposed an amendment to the bill (S. 
1559) to make technical corrections to title 11, United States Code, 
and for other purposes; as follows:

       On page 9 of the Committee amendment, strike lines 11 
     through 17 and insert the following:
       (1) in subsection (f)(1)(A)--
       (A) in the matter preceding clause (i), by striking ``; 
     or'' at the end; and
       (B) in clause (ii), by striking the period at the end and 
     inserting ``; or''; and
       (2) in subsection (g)(2), by striking ``subsection (f)(2)'' 
     and inserting ``subsection (f)(1)(B)''.
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                      COVERDELL AMENDMENT NO. 5152

  Mr. STEVENS (for Mr. Coverdell) proposed an amendment to the bill, S. 
1559, supra; as follows:

       At the appropriate place in the Committee amendment, insert 
     the following new section:

     SEC.  . ENFORCEMENT OF CHILD SUPPORT.

       Section 362(b)(1) of title 11, United States Code is 
     amended by inserting before the semicolon the following: 
     ``(including the criminal enforcement of a judicial order 
     requiring the payment of child support)''.
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                        KOHL AMENDMENT NO. 5153

  Mr. STEVENS (for Mr. Kohl) proposed an amendment to the bill, S. 
1559, supra; as follows:

       At the appropriate place, insert the following new section:

     SEC.  . LIMITATION.

       Section 522 of title 11, United States Code, as amended by 
     section 9, is further 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 of more than $500,000 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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                 GRASSLEY (AND LOTT) AMENDMENT NO. 5154

  Mr. STEVENS (for Mr. Grassley, for himself and Mr. Lott) proposed an 
amendment to the bill, S. 1559, supra; as follows:

     SECTION 1.

       ``Section 27'', on page 15, line 3, is redesignated 
     ``Section 28''.

     SEC. 2.

       On page 15, line 3 insert the following:

     ``SEC. 27. STANDING TRUSTEES.''

       (a) Section 330 of Title 11 of the United States Code is 
     amended by adding to the end thereof the following:
       ``(e) Upon the request of a trustee appointed under Section 
     586(b) of Title 28, and after all available administrative 
     remedies have been exhausted, the district court in the 
     district in which the trustee resides shall have the 
     exclusive authority, notwithstanding Section 326(b) of this 
     title, to review the determination of the actual, necessary 
     expenses of the standing trustee. In reviewing

[[Page S9618]]

     the determination, the district court shall accord 
     substantial deference to the determination made by the 
     Attorney General, and may reverse the determination only if 
     the Attorney General has abused his or her discretion.''
       (b) Section 324 of Title 11, United States Code, is amended 
     by adding to the end thereof the following:
       ``(c)(1) Notwithstanding any provision of Section 586 of 
     Title 28, in the event the United States Trustee ceases 
     assigning cases to a trustee appointed under Section 586(b) 
     of Title 28, the trustee, after exhausting all available 
     administrative remedies, may seek judicial review of the 
     decision in the district court in the district in which the 
     trustee resides. The district court shall accord substantial 
     deference to the determination made by the United States 
     Trustee, and may reverse the determination only if the United 
     States Trustee has abused his or her discretion.
       ``(2) Notwithstanding any other provision of law, the 
     district court may order interim relief under this paragraph 
     only if the court concludes, viewing all facts most favorably 
     to the United States Trustee, that there was no basis for the 
     United States Trustee's decision to cease assigning cases to 
     the trustee. The denial of a request for interim relief shall 
     be final and shall not be subject to further review.''.

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