[Congressional Record Volume 144, Number 125 (Friday, September 18, 1998)]
[Senate]
[Page S10605]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                AMENDMENTS SUBMITTED--SEPTEMBER 18, 1998

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                 CONSUMER BANKRUPTCY REFORM ACT OF 1998

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               FEINGOLD (AND SPECTER) AMENDMENT NO. 3602

  Mr. FEINGOLD (for himself and Mr. Specter) proposed an amendment to 
the bill (S. 1301) to amend title 11, United States Code, to provide 
for consumer bankruptcy protection, and for other purposes; as follows:

       On page 5, strike Section 102(3)(A) on lines 18 through 25.
       On page 5 on line 17 after ``bad faith,'' insert:
       ``(3)(A) If a panel trustee appointed under section 
     586(a)(1) of title 28 brings:
       (i) a motion for dismissal under this subsection and the 
     court grants that motion and finds that the action of the 
     debtor in filing under this chapter was not substantially 
     justified, the court shall order the debtor to reimburse the 
     trustee for all reasonable costs in prosecuting the motion, 
     including reasonable attorneys' fees; or
       (ii) a motion for conversion under this subjection and the 
     court grants that motion the court shall award reasonable 
     costs in prosecuting the motion, including reasonable 
     attorneys' fee, which shall be treated as an administrative 
     expense under Section 503(b) in a case under this title that 
     is converted to a case under another chapter of this title.''

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