Pub. L. 103-394, tit. V, sec. 501

AMENDMENTS TO BANKRUPTCY DEFINITIONS, NECESSITATED BY ENACTMENT OF PUBLIC LAW 101–647.

EnactedYear: 1994Length: 2,084 wordsOfficial source
SEC. 501. AMENDMENTS TO BANKRUPTCY DEFINITIONS, NECESSITATED BY ENACTMENT OF PUBLIC LAW 101–647. (a) Alphabetizing and Redesignating Definitions.— Section 101 of title 11 of the United States Code, as amended by sections 208, 217, 218, and 304, is amended— (1) by redesignating paragraph (3) as paragraph (21B) and transferring such paragraph so as to insert it after paragraph (21A), (2) by redesignating paragraph (39) as paragraph (51A) and transferring such paragraph so as to insert it after paragraph (51), (3) by redesignating paragraphs (54) through (57), as so redesignated by section 2522(e) of Public Law 101–647, as paragraphs (53A) through (53D), respectively, (4) by redesignating paragraph (56) as in effect immediately before the enactment of Public Law 101–647, as paragraph (35A) and transferring such paragraph so as to insert it after paragraph (35), and (5) by redesignating paragraph (57), as in effect immediately before the enactment of Public Law 101–647, as paragraph (39) and transferring such paragraph so as to insert it after paragraph (38). 108 STAT. 4142 (b) Conforming and Related Amendments to Title 11 of the United States Code, Based on Redesignated Definitions.— (1) Section 101 of title 11 of the United States Code, as amended by subsection (a), is amended— (A) in paragraph (6) by striking “section 761(9)” and inserting “section 761”, (B) in paragraph (22) by striking “section 741(7)” and inserting “section 741”, (C) in paragraph (35)(B) by striking “paragraphs (3)” and inserting “paragraphs (21B)”, (D) in paragraph (49)(B)(ii) by striking “section 761(13)” and inserting “section 761”, and (E) in paragraph (53A)(A), as so redesignated, by striking “section 741(2)” and inserting “section 741”. (2) Section 362(b) of title 11, United States Code, is amended— (A) in paragraph (6)— (i) by striking “section 761(4)” and inserting “section 761”, (ii) by striking “section 741(7)” and inserting “section 741”, (iii) by striking “section 101(34), 741(5), or 761(15)” and inserting “section 101, 741, or 761”, and (iv) by striking “section 101(35) or 741(8)” and inserting “section 101 or 741”, and (B) in paragraph (7)— (i) by striking “section 741(5) or 761(15)” and inserting “section 741 or 761”, and (ii) by striking “section 741(8)” and inserting “section 741”. (3) Section 507(a)(5) of title 11, United States Code, is amended— (A) by striking “section 557(b)(1)” and inserting “section 557(b)”, and (B) by striking “section 557(b)(2)” and inserting “section 557(b)”. (4) Section 546 of title 11, United States Code, is amended— (A) in subsection (e)— (i) by striking “section 101(34), 741(5), or 761(15)” and inserting “section 101, 741, or 761”, and (ii) by striking “section 101(35) or 741(8)” and inserting “section 101 or 741”, and (B) in subsection (f)— (i) by striking “section 741(5) or 761(15)” and inserting “section 741 or 761”, and (ii) by striking “section 741(8)” and inserting “section 741”. (5) Section 548(d)(2) of title 11, United States Code, is amended— (A) in subparagraph (B)— (i) by striking “section 101(34), 741(5) or 761(15)” and inserting “section 101, 741, or 761”, and (ii) by striking “section 101(35) or 741(8)” and inserting “section 101 or 741”, and (B) in subparagraph (C)— (i) by striking “section 741(5) or 761(15)” and inserting “section 741 or 761”, and 108 STAT. 4143 (ii) by striking “section 741(8)” and inserting “section 741”. (6) Section 555 of title 11, United States Code, is amended by striking “section 741(7)” and inserting “section 741 of this title”. (7) Section 556 of title 11, United States Code, is amended by striking “section 761(4)” and inserting “section 761 of this title”. (c) Conforming Amendments to Other Laws Based on Redesignated Definitions.— (1) Section 207(c)(8)(D) of the Federal Credit Union Act (12 U.S.C. 1787(c)(8)(D)) is amended— (A) in clause (ii)(I) by striking “section 741(7)” and inserting “section 741”, (B) in clause (iii) by striking “section 101(24)” and inserting “section 101”, (C) in clause (iv)(I) by striking “section 101(41)” and inserting “section 101”, and (D) in clause (v) by striking “section 101(50)” and inserting “section 101”. (2) Section ll(e)(8)(D) of the Federal Deposit Insurance Act (12 U.S.C. 1821(e)(8)(D)) is amended— (A) in clause (ii)(I) by striking “section 741(7)” and inserting “section 741”, (B) in clause (iii) by striking “section 761(4)” and inserting “section 761”, (C) in clause (iv) by striking “section 101(24)” and inserting “section 101”, (D) in clause (v)(I) by striking “section 101(41)” and inserting “section 101”, and (E) in clause (viii) by striking “section 101(50)” and inserting “section 101”. (d) Other Technical Amendments.— Title 11 of the United States Code is amended— (1) in section 101— (A) in paragraph (33)— (i) in subparagraph (A) by striking “(12 U.S.C. 1813(u))”, and (ii) in subparagraph (B) by striking “(12 U.S.C. 1786(r))”, (B) in paragraph (34) by striking “(12 U.S.C. 1752(7))”, (C) in paragraph (35)(A) by striking “(12 U.S.C. 1813(c)(2))”, (D) in paragraph (48)— (i) by striking “(15 U.S.C. 78q–1)”, and (ii) by striking “(15 U.S.C. 78c(12))”, (E) in paragraph (49)— (i) in subparagraph (A)(xii)— (I) by striking “(15 U.S.C. 77a et seq.)”, and (II) by striking “(15 U.S.C. 77c(b))”, and (ii) in subparagraph (B)(vi) by striking “(15 U.S.C. 77c(b))”, and (F) in paragraph (53D), as so redesignated by subsection (a), by striking the period at the end and inserting a semicolon, (2) in section 109(b)(2) by striking “(12 U.S.C. 1813(h))”, (3) in section 322(a) by striking “1302, or 1202” and inserting “1202, or 1302”, (4) in section 346— 108 STAT. 4144 (A) in subsection (a) by striking “Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.)” and inserting “Internal Revenue Code of 1986”, and (B) in subsection (g)(1)(C) by striking “Internal Revenue Code of 1954 (26 U.S.C. 371)” and inserting “Internal Revenue Code of 1986”, (5) in section 348— (A) in subsection (b) by striking “1301(a), 1305(a), 1201(a), 1221, and 1228(a)” and inserting “1201(a), 1221, 1228(a), 1301(a), and 1305(a)”, and (B) in subsections (b), (c), (d), and (e) by striking “1307, or 1208” each place it appears and inserting “1208, or 1307”, (6) in section 349(a) by striking “109(f)” and inserting “109(g)”, (7) in section 362— (A) in subsection (a) by striking “(15 U.S.C. 78eee(a)(3))”, and (B) in subsection (b)— (i) by striking “(15 U.S.C. 78eee(a)(3))”, (ii) in paragraph (10) by striking “or” at the end, (iii) in paragraph (12)— (I) by striking “the Ship Mortgage Act, 1920 (46 App. U.S.C. 911 et seq.)” and inserting “section 31325 of title 46”, and (II) by striking “(46 App. U.S.C. 1117 and 1271 et seq., respectively)”, (iv) in paragraph (13)— (I) by striking “the Ship Mortgage Act, 1920 (46 App. U.S.C. 911 et seq.)” each place it appears and inserting “section 31325 of title 46”, (II) by striking “(46 App. U.S.C. 1117 and 1271 et seq., respectively)”, and (III) by striking “or” at the end, (v) in paragraph (15), as added by Public Law 101–508, by striking “or” at the end, (vi) in paragraph (16), as added by Public Law 101–508— (I) by striking “(20 U.S.C. 1001 et seq.)”, and (II) by striking the period at the end and inserting a semicolon, and (vii) in paragraph (14), as added by Public Law 101–311— (I) by striking the period at the end and inserting “; or”, (II) by redesignating such paragraph as paragraph (17), and (III) by transferring such paragraph so as to insert such paragraph after paragraph (16), (8) in section 363— (A) in subsection (b)(2) by striking “(15 U.S.C. 18a)”, and (B) in subsection (c)(1) by striking “1304, 1203, or 1204” and inserting “1203, 1204, or 1304”, (9) in section 364— (A) in subsection (a) by striking “1304, 1203, or 1204” and inserting “1203, 1204, or 1304”, and 108 STAT. 4145 (B) in subsection (f)— (i) by striking “(15 U.S.C. 77e)”, and (ii) by striking “(15 U.S.C. 77aaa et seq.)”, (10) in section 365— (A) in subsection (d)(6)(C) by striking “the Federal Aviation Act of 1958 (49 U.S.C. 1301)” and inserting “section 40102 of title 49”, (B) in subparagraphs (A) and (B) of subsection (g)(2) by striking “1307, or 1208” each place it appears and inserting “1208, or 1307”, (C) in subsection (n)(1)(B) by striking “to to” and inserting “to”, (D) in subsection (o) by striking “the Federal” the first place it appears and all that follows through “successors,”, and inserting “a Federal depository institutions regulatory agency (or predecessor to such agency)”, and (E) by striking subsection (p), (11) in section 507, as amended by section 304— (A) in subsection (a)(9) by striking “the Federal” the first place it appears and all that follows through “successors,”, and inserting “a Federal depository institutions regulatory agency (or predecessor to such agency)”, and (B) m subsection (d) by striking “or (a)(6)” and inserting “(a)(6), (a)(7), (a)(8), or (a)(9)”, (12) in section 522— (A) in subsection (b) by striking “Bankruptcy Rules” and inserting “Federal Rules of Bankruptcy Procedure”, and (B) in subsection (d)( 10)(E)(iii)— (i) by striking “408, or 409” the first place it appears and inserting “or 408”, and (ii) by striking “Internal Revenue Code of 1954 (26 U.S.C. 401(a), 403(a), 403(b), 408, or 409)” and inserting “Internal Revenue Code of 1986”, (13) in section 523— (A) in subsection (a)— (i) by striking “1141,,” and inserting “1141,”, and (ii) in paragraph (2)(C) by striking “(15 U.S.C. 1601 et seq.)”, (B) in subsection (b)— (i) by striking “(20 U.S.C. 1087–3)”, and (ii) by striking “(42 U.S.C. 294f)”, and (C) in subsection (e) by striking “depository institution or insured credit union” and inserting “insured depository institution”, (14) in section 524— (A) in subsection (a)(3) by striking “1328(c)(1)” and inserting “1328(a)(1)”, (B) in subsection (c)(4) by striking “recission” and inserting “rescission”, and (C) in subsection (d)(1)(B)(ii) by adding “and” at the end, (15) in section 525(a)— (A) by striking “(7 U.S.C. 499a–499s)”, (B) by striking “(7 U.S.C. 181–229)”, and (C) by striking “(57 Stat 422; 7 U.S.C. 204)”, 108 STAT. 4146 (16) in section 542(e) by striking “to to” and inserting “to”, (17) in section 543(d)(1) by striking “section,” and inserting “section”, (18) in section 549(b) inserting “the trustee may not avoid under subsection (a) of this section” after “involuntary case,”, (19) in section 553— (A) in subsection (a)(1) by striking “other than under section 502(b)(3) of this title”, and (B) in subsection (b)(1) by striking “362(b)(14),,” and inserting “362(b)(14),”, (20) in section 555 by striking “(15 U.S.C. 78aaa et seq.)”, (21) in section 559 by striking “(15 U.S.C. 78aaa et seq.)”, (22) in section 706(a) by striking “1307, or 1208” and inserting “1208, or 1307”, (23) in section 724(d) by striking “Internal Revenue Code of 1954 (26 U.S.C. 6323)” and inserting “Internal Revenue Code of 1986”, (24) in section 726(b)— (A) inserting a comma after “section 1112”, and (B) by inserting “1009,” after “chapter under section”, (25) in section 741(4)(A)(iii) by striking “(15 U.S.C. 78a et seq.)”, (26) in section 742 by striking “(15 U.S.C. 78aaa et seq.)”, (27) in section 743 by striking “342(a)” and inserting “342”, (28) in section 745(c) by striking “Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.)” and inserting “Internal Revenue Code of 1986”, (29) in section 761— (A) in paragraph (1) by striking “(7 U.S.C. 1 et seq.)”, (B) in paragraph (5) by striking “(7 U.S.C. 6c(b))”, and (C) in paragraph (13) by striking “(7 U.S.C. 23)”, (30) in section 1104(d), as redesignated by section 211, inserting a comma after “interest”, (31) in section 1123(a)(1) inserting a comma after “title” the last place it appears, (32) in section 1129— (A) in subsection (a)— (i) in paragraph (4) by striking the semicolon at the end and inserting a period, and (ii) in paragraph (12) inserting “of title 28” after “section 1930”, and (B) in subsection (d) by striking “(15 U.S.C. 77e)”, (33) in section 1145— (A) in subsection (a)— (i) by striking “does” and inserting “do”, (ii) by striking “(15 U.S.C. 77e)”, and (iii) m paragraph (3)(B)(i) by striking “(15 U.S.C. 78m or 78o(d))”, (B) in subsection (b)(1) by striking “(15 U.S.C. 77b(ll))”, and (C) in subsection (d) by striking “(15 U.S.C. 77aaa et seq.)”, (34) in section 1166(2) by striking “(45 U.S.C. 791(b))”, (35) in section 1167— (A) by striking “(45 U.S.C. 151 et seq.)”, and 108 STAT. 4147 (B) by striking “(45 U.S.C. 156)”, (36) in section 1226(b)(2)— (A) by striking “1202(d)” and inserting “1202(c)”, and (B) by striking “1202(e)” and inserting “1202(d)”, (37) in section 1302(b)(3) by striking “and” at the end, (38) in section 1328(a)— (A) in paragraph (2) by striking “(5) or (8)” and inserting “(5), (8), or (9)”, and (B) by striking the last paragraph (3), and (39) in the table of chapters by striking the item relating to chapter 15.
Pub. L. 103-394, tit. V, sec. 501: AMENDMENTS TO BANKRUPTCY DEFINITIONS, NECESSITATED BY ENACTMENT OF PUBLIC LAW 101–647. | Justis AI