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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 04-17-2005, 04:57 PM
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Join Date: Mar 2005
Posts: 28

Look for yourself new law


What is the name of your state? wv
the new law states it takes effect 180 days after it is signed accept for the following provisions.
I read them as only about fraud or suspected fraud.
But look for yourself. Heres the actual legistation.

SEC. 308. REDUCTION OF HOMESTEAD EXEMPTION FOR FRAUD.

Section 522 of title 11, United States Code, as amended by section 224, is amended--

(1) in subsection (b)(3)(A), as so designated by this Act, by inserting `subject to subsections (o) and (p),' before `any property'; and

(2) by adding at the end the following:

`(o) For purposes of subsection (b)(3)(A), and notwithstanding subsection (a), the value of an interest 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;

`(3) a burial plot for the debtor or a dependent of the debtor; or

`(4) real or personal property that the debtor or a dependent of the debtor claims as a homestead;

shall be reduced to the extent that such value is attributable to any portion of any property that the debtor disposed of in the 10-year period ending on the date of the filing of the petition with the intent to hinder, delay, or defraud a creditor and that the debtor could not exempt, or that portion that the debtor could not exempt, under subsection (b), if on such date the debtor had held the property so disposed of.'.
SEC. 322. LIMITATIONS ON HOMESTEAD EXEMPTION.

(a) EXEMPTIONS- Section 522 of title 11, United States Code, as amended by sections 224 and 308, is amended by adding at the end the following:

`(p)(1) Except as provided in paragraph (2) of this subsection and sections 544 and 548, as a result of electing under subsection (b)(3)(A) to exempt property under State or local law, a debtor may not exempt any amount of interest that was acquired by the debtor during the 1215-day period preceding the date of the filing of the petition that exceeds in the aggregate $125,000 in value in--

`(A) real or personal property that the debtor or a dependent of the debtor uses as a residence;

`(B) a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence;

`(C) a burial plot for the debtor or a dependent of the debtor; or

`(D) real or personal property that the debtor or dependent of the debtor claims as a homestead.

`(2)(A) The limitation under paragraph (1) shall not apply to an exemption claimed under subsection (b)(3)(A) by a family farmer for the principal residence of such farmer.

`(B) For purposes of paragraph (1), any amount of such interest does not include any interest transferred from a debtor's previous principal residence (which was acquired prior to the beginning of such 1215-day period) into the debtor's current principal residence, if the debtor's previous and current residences are located in the same State.

`(q)(1) As a result of electing under subsection (b)(3)(A) to exempt property under State or local law, a debtor may not exempt any amount of an interest in property described in subparagraphs (A), (B), (C), and (D) of subsection (p)(1) which exceeds in the aggregate $125,000 if--

`(A) the court determines, after notice and a hearing, that the debtor has been convicted of a felony (as defined in section 3156 of title 18), which under the circumstances, demonstrates that the filing of the case was an abuse of the provisions of this title; or

`(B) the debtor owes a debt arising from--

`(i) any violation of the Federal securities laws (as defined in section 3(a)(47) of the Securities Exchange Act of 1934), any State securities laws, or any regulation or order issued under Federal securities laws or State securities laws;

`(ii) fraud, deceit, or manipulation in a fiduciary capacity or in connection with the purchase or sale of any security registered under section 12 or 15(d) of the Securities Exchange Act of 1934 or under section 6 of the Securities Act of 1933;

`(iii) any civil remedy under section 1964 of title 18; or

`(iv) any criminal act, intentional tort, or willful or reckless misconduct that caused serious physical injury or death to another individual in the preceding 5 years.

`(2) Paragraph (1) shall not apply to the extent the amount of an interest in property described in subparagraphs (A), (B), (C), and (D) of subsection (p)(1) is reasonably necessary for the support of the debtor and any dependent of the debtor.'.

(b) ADJUSTMENT OF DOLLAR AMOUNTS- Paragraphs (1) and (2) of section 104(b) of title 11, United States Code, as amended by section 224, are amended by inserting `522(p), 522(q),' after `522(n),'.
SEC. 330. DELAY OF DISCHARGE DURING PENDENCY OF CERTAIN PROCEEDINGS.

(a) CHAPTER 7- Section 727(a) of title 11, United States Code, as amended by section 106, is amended--

(1) in paragraph (10), by striking `or' at the end;

(2) in paragraph (11) by striking the period at the end and inserting `; or'; and

(3) by inserting after paragraph (11) the following:

`(12) the court after notice and a hearing held not more than 10 days before the date of the entry of the order granting the discharge finds that there is reasonable cause to believe that--

`(A) section 522(q)(1) may be applicable to the debtor; and

`(B) there is pending any proceeding in which the debtor may be found guilty of a felony of the kind described in section 522(q)(1)(A) or liable for a debt of the kind described in section 522(q)(1)(B).'.

(b) CHAPTER 11- Section 1141(d) of title 11, United States Code, as amended by section 321, is amended by adding at the end the following:

`(C) unless after notice and a hearing held not more than 10 days before the date of the entry of the order granting the discharge, the court finds that there is no reasonable cause to believe that--

`(i) section 522(q)(1) may be applicable to the debtor; and

`(ii) there is pending any proceeding in which the debtor may be found guilty of a felony of the kind described in section 522(q)(1)(A) or liable for a debt of the kind described in section 522(q)(1)(B).'.

(c) CHAPTER 12- Section 1228 of title 11, United States Code, is amended--

(1) in subsection (a) by striking `As' and inserting `Subject to subsection (d), as',

(2) in subsection (b) by striking `At' and inserting `Subject to subsection (d), at', and

(3) by adding at the end the following:

`(f) The court may not grant a discharge under this chapter unless the court after notice and a hearing held not more than 10 days before the date of the entry of the order granting the discharge finds that there is no reasonable cause to believe that--

`(1) section 522(q)(1) may be applicable to the debtor; and

`(2) there is pending any proceeding in which the debtor may be found guilty of a felony of the kind described in section 522(q)(1)(A) or liable for a debt of the kind described in section 522(q)(1)(B).'.

(d) CHAPTER 13- Section 1328 of title 11, United States Code, as amended by section 106, is amended--

(1) in subsection (a) by striking `As' and inserting `Subject to subsection (d), as',

(2) in subsection (b) by striking `At' and inserting `Subject to subsection (d), at', and

(3) by adding at the end the following:

`(h) The court may not grant a discharge under this chapter unless the court after notice and a hearing held not more than 10 days before the date of the entry of the order granting the discharge finds that there is no reasonable cause to believe that--

`(1) section 522(q)(1) may be applicable to the debtor; and

`(2) there is pending any proceeding in which the debtor may be found guilty of a felony of the kind described in section 522(q)(1)(A) or liable for a debt of the kind described in section 522(q)(1)(B).'.
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