home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
Complete Home & Office Legal Guide
/
Complete Home and Office Legal Guide (Chestnut) (1993).ISO
/
stat
/
fed
/
11usc_5b.asc
< prev
next >
Wrap
Text File
|
1993-09-14
|
60KB
|
1,432 lines
/* The second and final part of part 5 of Chapter 5 of the
Bankruptcy Court. */
(e) Any institution-affiliated party of a depository
institution or insured credit union shall be considered to be
acting in a fiduciary capacity with respect to the purposes of
subsection (a)(4) or (11).
SECTION 524 (11 U.S.C. 524)
524. Effect of discharge.
(a) A discharge in a case under this title-
(1) voids any judgment at any time obtained, to the extent
that such judgment is a determination of the personal liability
of the debtor with respect to any debt discharged under section
727, 944, 1141, 1228, or 1328 of this title, whether or not
discharge of such debt is waived;
(2) operates as an injunction against the commencement or
continuation of an action, the employment of process, or an act,
to collect, recover or offset any such debt as a personal
liability of the debtor, whether or not discharge of such debt is
waived; and
(3) operates as an injunction against the commencement
or continuation of an action, the employment of process, or
an act, to collect or recover from, or offset against, property
of the debtor of the kind specified in section 541(a)(2) of this
title that is acquired after the commencement of the case, on
account of any allowable community claim, except a community
claim that is excepted from discharge under section 523,
1228(a)(1), or 1328(a)(1) of this title, or that would be so
excepted, determined in accordance with the provisions of
sections 523(c) and 523(d) of this title, in a case concerning
the debtor's spouse commenced on the date of the filing of the
petition in the case concerning the debtor, whether or not
discharge of the debt based on such community claim is waived.
(b) Subsection (a) (3) of this section does not apply
if-
(1)(A) the debtor's spouse is a debtor in a case under this
title, or a bankrupt or a debtor in a case under the Bankruptcy
Act, commenced within six years of the date of the filing of the
petition in the case concerning the debtor; and
(B) the court does not grant the debtor's spouse a
discharge in such case concerning the debtor's spouse; or
(2)(A) the court would not grant the debtor's spouse
a discharge in a case under chapter 7 of this title
concerning such spouse commenced on the date of the filing
of the petition in the case concerning the debtor; and
(B) a determination that the court would not so grant
such discharge is made by the bankruptcy court within the
time and in the manner provided for a determination under
section 727 of this title of whether a debtor is granted a
discharge.
(c) An agreement between a holder of a claim and the
debtor, the consideration for which, in whole or in part, is
based on a debt that is dischargeable in a case under this
title is enforceable only to any extent enforceable under
applicable nonbankruptcy law, whether or not discharge of
such debt is waived, only if-
(1) such agreement was made before the granting of the
discharge under section 727,1141, 1228, or 1328 of this
title;
(2) such agreement contains a clear and conspicuous
statement which advises the debtor that the agreement may be
rescinded at any time prior to discharge or within sixty
days after such agreement is filed with the court, whichever
occurs later, by giving notice of rescission to the holder
of such claim;
(3) such agreement has been filed with the court and,
if applicable, accompanied by a declaration or an affidavit
of the attorney that represented the debtor during the
course of negotiating an agreement under this subsection,
which states that such agreement
(A) represents a fully informed and voluntary agreement by
the debtor; and
(B) does not impose an undue hardship on the debtor or
a dependent of the debtor;
(4) the debtor has not rescinded such agreement at any time
prior to discharge or within sixty days after such agreement is
filed with the court, whichever occurs later, by giving notice of
rescission to the holder of such claim;
(5) the provisions of subsection (d) of this section have
been complied with; and
(6)(A) in a case concerning an individual who was not
represented by an attorney during the course of negotiating
an agreement under this subsection, the court approves such
agreement as-
(i) not imposing an undue hardship on the debtor or a
dependent of the debtor; and
(ii) in the best interest of the debtor.
(B) Subparagraph (A) shall not apply to the extent
that such debt is a consumer debt secured by real property.
(d) In a case concerning an individual, when the court has
determined whether to grant or not to grant a discharge under
section 727, 1141, 1228, or 1328 of this title, the court may
hold a hearing at which the debtor shall appear in person. At any
such hearing, the court shall inform the debtor that a discharge
has been granted or the reason why a discharge has not been
granted. If a discharge has been granted and if the debtor
desires to make an agreement of the kind specified in subsection
(c) of this section, then the court shall hold a hearing at which
the debtor shall appear in person and at any such hearing the
court shall-
(1) inform the debtor
(A) that such an agreement is not required under this title,
under nonbankruptcy law, or under any agreement not made in
accordance with the provisions of subsection (c) of this section;
and
(B) of the legal effect and consequences of-
(i) an agreement of the kind specified in subsection (c) of
this section; and
(ii) a default under such an agreement;
(2) determine whether the agreement that the debtor
desires to make complies with the requirements of subsection
(c)(6) of this section, if the consideration for such
agreement is based in whole or in part on a consumer debt
that is not secured by real property of the debtor.
(e) Except as provided in subsection (a)(3) of this
section, discharge of a debt of the debtor does not affect
the liability of any other entity on, or the property of any
other entity for, such debt.
(f) Nothing contained in subsection (c) or (d) of this
section prevents a debtor from voluntarily repaying any
debt.
SECTION 525 (11 U.S.C. 525)
525. Protection against discriminatory treatment.
(a) Except as provided in the Perishable Agricultural
Commodities Act, 1930 (7 U.S.C. 499a-499s), the Packers and
Stockyards Act, 1921 (7 U.S.C. 181-229), and section 1 of the Act
entitled "An Act making appropriations for the Department of
Agriculture for the fiscal year ending June 30, 1944, and for
other purposes," approved July 12, 1943 (57 Stat. 422; 7 U.S.C.
204), a governmental unit may not deny, revoke, suspend, or
refuse to renew a license, permit, charter, franchise, or other
similar grant to, condition such a grant to, discriminate with
respect to such a grant against, deny employment to, terminate
the employment of, or discriminate with respect to employment
against, a person that is or has been a debtor under this title
or a bankrupt or a debtor under the Bankruptcy Act, or another
person with whom such bankrupt or debtor has been associated,
solely because such bankrupt or debtor is or has been a debtor
under this title or a bankrupt or debtor under the Bankruptcy
Act, has been insolvent before the commencement of the case under
this title, or during the case but before the debtor is granted
or denied a discharge, or has not paid a debt that is
dischargeable in the case under this title or that was discharged
under the Bankruptcy Act.
(b) No private employer may terminate the employment of, or
discriminate with respect to employment against, an individual
who is or has been a debtor under this title, a debtor or
bankrupt under the Bankruptcy Act, or an individual associated
with