[Congressional Record (Bound Edition), Volume 145 (1999), Part 21]
[Senate]
[Page 29995]
[From the U.S. Government Publishing Office, www.gpo.gov]




                          AMENDMENTS SUBMITTED

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                     BANKRUPTCY REFORM ACT OF 1999

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                      FEINGOLD AMENDMENT NO. 2779

  Mr. FEINGOLD proposed an amendment to amendment No. 2748 proposed by 
him to the bill (S. 625) to amend title 11, United States Code, and for 
other purposes; as follows:

       On page 1, line 5, strike all after ``(23) and insert the 
     following:

     ``under subsection (a)(3) of the commencement or continuation 
     of any eviction, unlawful detainer action, or similar 
     proceeding by a lessor against a debtor involving residential 
     real property----
       ``(A) on which the debtor resides as a tenant under a 
     rental agreement; and
       ``(B) with respect to which----
       ``(i) the debtor fails to make a rent payment that 
     initially becomes due under the rental agreement or 
     applicable State law after the date of filing of the petition 
     or within the 10 days prior to the filing of the petition, if 
     the lessor files with the court a certification that the 
     debtor has not made a payment for rent and serves a copy of 
     the certification to the debtor; or
       ``(ii) the debtor's lease has expired according to its 
     terms and (a) or a member of the lessor's immediate family 
     intends to personally occupy that property or (b) the lessor 
     has entered into an enforceable lease agreement with another 
     tenant prior to the filing of the petition, if the lessor 
     files with the court a certification of such facts with the 
     court a certification of such facts and serves a copy of the 
     certification to the debtor:
       ``(24) under subsection (a)(3) of the commencement or 
     continuation of any eviction, unlawful detainer action, or 
     similar proceeding by a lessor against a debtor involving 
     residential real property, if during the 1-year period 
     preceding the filing of the petition, the debtor----
       ``(A) commenced another case under this title; and
       ``(B) failed to make a rent payment that initially became 
     due under an applicable rental agreement or State law after 
     the date of filing of the petition for that other case; or
       ``(25) under subsection (a)(3), of an eviction action based 
     on endangerment of property or the use of an illegal drug, if 
     the lessor files with the court a certification that the 
     debtor has endangered property or used an illegal drug and 
     serves a copy of the certification to the debtor''; and
       (4) by adding at the end of the flush material at the end 
     of the subsection the following ``With respect to the 
     applicability of paragraph (23) or (25) to a debtor with 
     respect to the commencement or continuation of a proceeding 
     described in that paragraph, the exception to the automatic 
     stay shall become effective on the 15th day after the lessor 
     meets the filing and notification requirements under that 
     paragraph, unless the debtor takes such action as may be 
     necessary to address the subject of the certification or the 
     court orders that the exception to the automatic stay shall 
     not become effective or provides for a later date of 
     applicability.''.

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