Pub. L. 109-8, tit. II, subtit. A, sec. 202

EFFECT OF DISCHARGE.

EnactedYear: 2005Length: 201 wordsOfficial source
SEC. 202. EFFECT OF DISCHARGE. Section 524 of title 11, United States Code, is amended by adding at the end the following:“(i) The willful failure of a creditor to credit payments received under a plan confirmed under this title, unless the order confirming the plan is revoked, the plan is in default, or the creditor has not received payments required to be made under the plan in the manner required by the plan (including crediting the amounts required under the plan), shall constitute a violation of an injunction under subsection (a)(2) if the act of the creditor to collect and failure to credit payments in the manner required by the plan caused material injury to the debtor.“(j) Subsection (a)(2) does not operate as an injunction against an act by a creditor that is the holder of a secured claim, if—“(1) such creditor retains a security interest in real property that is the principal residence of the debtor;“(2) such act is in the ordinary course of business between the creditor and the debtor; and“(3) such act is limited to seeking or obtaining periodic payments associated with a valid security interest in lieu of pursuit of in rem relief to enforce the lien.”.