To make technical corrections to title 11, United States Code, and for other purposes.
Web posted
and Copyright © June 25, 1997, American
Bankruptcy Institute.
Technical Corrections Bill Advances in House
Editor's Note:
The electronic version of the bill at Thomas will not
reflect the changes described below for 2-3 days.
On June 25, 1997, the House Subcommittee on Commercial and
Administrative Law unanimously approved an amendment in the
nature of a substitute bill to H.R. 764 by Rep. George Gekas (R-PA), the
Chairman of the Subcommittee.
While much of the bill's provisions are of a technical nature,
there are several substantive law changes. Questions were raised
about several provisions in H.R. 764 as introduced, and the new
version seeks to address these concerns.
The new bill would raise the cap on the special treatment for
single asset real estate bankruptcies from the current $4 million
to $15 million. The version of H.R. 764 as introduced removed
the cap entirely.
The new bill also seeks to clarify the provision on curing
non-monetary defaults of leases of real property, or defaults of
non-monetary provisions in executory contracts, in the wake of
the 9th Circuit's Claremont opinion. The bill would
strike current §365(b)(1)(D) and replace it with three
subsections, (D), (E) and (F), as follows:
"(D) the satisfaction of any penalty rate or penalty
provision relating to a default arising from a failure to
perform nonmonetary obligations under an executory contract
or under an unexpired lease of real or personal property;"(E) the satisfaction of any provision (other than a
penalty rate or penalty provision) relating to a default
arising from any failure to perform nonmonetary obligations
under an unexpired lease of real property, if it is
impossible for the trustee to cure such default by
performing nonmonetary acts at and after the time of
assumption; or"(F) the satisfaction of any provision (other than a
penalty rate or penalty provision) relating to a default
arising from any failure to perform nonmonetary obligations
under an executory contract, if it is impossible for the
trustee to cure such default by performing nonmonetary acts
at and after the time of assumption and if the court
determines, based on the equities of the case, that
paragraph (1) should not apply with respect to such
default."
Among its other provisions, the substitute seeks to address
the so-called McConville problem by making clear that
post-petition transfers immune from attack under sections 544 and
549 of the Code would not be void or voidable as made in
violation of the automatic stay, and makes a further
clarification to the "Deprizio" amendment in the 1994 Reform Act.
The bill adds "watercraft" and "aircraft" to the motor
vehicles in §523, making losses arising from the operation
of these while intoxicated nondischargeable.
The changes made by the bill would apply only to cases
commenced on or after the date of enactment of the Act.