Pub. L. 109-8, tit. IV, subtit. A, sec. 406

AMENDMENT TO SECTION 546 OF TITLE 11, UNITED STATES CODE.

EnactedYear: 2005Length: 171 wordsOfficial source
SEC. 406. AMENDMENT TO SECTION 546 OF TITLE 11, UNITED STATES CODE. Section 546 of title 11, United States Code, is amended—(1) by redesignating the second subsection (g) (as added by section 222(a) of Public Law 103–394) as subsection (h);(2) in subsection (h), as so redesignated, by inserting “and subject to the prior rights of holders of security interests in such goods or the proceeds of such goods” after “consent of a creditor”; and(3) by adding at the end the following:“(i)(1) Notwithstanding paragraphs (2) and (3) of section 545, the trustee may not avoid a warehouseman’s lien for storage, transportation, or other costs incidental to the storage and handling of goods.“(2) The prohibition under paragraph (1) shall be applied in a manner consistent with any State statute applicable to such lien that is similar to section 7–209 of the Uniform Commercial 119 STAT. 106 Code, as in effect on the date of enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, or any successor to such section 7–209.”.
Pub. L. 109-8, tit. IV, subtit. A, sec. 406: AMENDMENT TO SECTION 546 OF TITLE 11, UNITED STATES CODE. | Justis AI