To make chapter 12 of title 11 of the United States Code permanent, and for other purposes.
MEMORANDUM
Family Farmer Protection Act of 1997 (S. 1024)
Web posted and Copyright ©
July 11, 1997, American Bankruptcy Institute.
On July 16, 1997, Sen. Charles Grassley (R - Iowa) introduced The Family Farmer Protection Act
of 1997 (S. 1024), also co-sponsored by Sens. Richard Durbin (D - Ill.) and
Thomas A. Daschle (D - S.D.), intended to make chapter 12 of title 11 of the United States Code
permanent.
The bill would repeal the sunset provision of Section 302 of the Bankruptcy Judges, United
States Trustees, and Family Farmer Bankruptcy Act of 1986 (28 U.S.C. 581) by striking
subsection (f). The bill also seeks to clarify the rights of family farmers after the completion of a
plan.
Below are the text of the proposed bill and the relavant text of PL 104-127, which initiated
the exception to loan prohibitions for family farmers.
S. 1024
...
SEC. 2. REPEAL OF SUNSET PROVISION.
Section 302 of the Bankruptcy Judges, United States Trustees, and Family Farmer
Bankruptcy Act of 1986 (28 U.S.C. 581 note) is amended by striking subsection (f).
SEC. 3. CLARIFICATION OF RIGHTS OF FAMILY FARMERS AFTER
SUCCESSFUL COMPLETION OF A PLAN.
Section 2008h(b)(2), of title 7, United States Code is amended by adding `or has
successfully completed a reorganization plan under Chapter 12 of title 11, United States
Code (the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act
of 1986, Public Law No. 99-554, as amended)' after `title'.
PL 104-127
Sec. 648 of H.R. 2854
SEC. 648. DELINQUENT BORROWERS.
(b) LOAN AND LOAN SERVICING LIMITATIONS- The Consolidated Farm and
Rural Development Act (7 U.S.C. 1921 et seq.) (as amended by subsection (a)) is
amended by adding at the end the following:`SEC. 373. LOAN AND LOAN SERVICING LIMITATIONS.