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Consumer Bankruptcy Law and Practice: Section 302(d)

(d) Application of Amendments to Judicial Districts.

(1) Certain Regions not Currently Served by United States Trustees.

(A) The amendments made by subtitle A of title II of this Act, and section 1930(a)(6) of title 28 of the United States Code (as added by section 117(4) of this Act), shall not—

Consumer Bankruptcy Law and Practice: Sections 302(e) through 302(f)

(e) Application of United States Trustee System and Quarterly Fees to Certain Cases.

(1) In General. Subject to paragraph (2), with respect to cases under chapters 7, 11, 12, and 13 of title 11, United States Code—

(A) commenced before the effective date of this Act, and

Consumer Bankruptcy Law and Practice: Sec. 303. Certification of Judicial Districts; Notice and Publication of Certification.

(a) Certification by Attorney General. The Attorney General may certify in writing a region specified in a paragraph of section 581(a) of title 28, United States Code (other than paragraph (16)), as amended by section 111(a) of this Act, to the appropriate court of appeals of the United States, for the purpose of informing such court that certain amendments made by this Act will become effective in accordance with section 302 of this Act.

Consumer Bankruptcy Law and Practice: Sec. 305. Application of Certain Bankruptcy Rules.

(a) Rules Relating to the United States Trustee System. If a United States trustee is not authorized, before the effective date of this Act, to be appointed for a judicial district referred to in section 581(a) of title 28, United States Code, as amended by section 111(a) of this Act, then part X of the Bankruptcy Rules shall not apply to cases in such district until the amendments made by subtitle A of title II of this Act become effective under section 302 of this Act in such district.

Consumer Bankruptcy Law and Practice: Sec. 3621.

Section 523(a)(8) of title 11, United States Code, is amended—

(1) by striking “for an educational” and all that follows through “unless,” and inserting the following: “for an educational benefit overpayment or loan made, insured or guaranteed by a governmental unit, or made under any program funded in whole or in part by a governmental unit or nonprofit institution, or for an obligation to repay funds received as an educational benefit, scholarship or stipend, unless”; and

Consumer Bankruptcy Law and Practice: Sec. 317. Bankruptcy Administrator Program.

(a) Extension. Section 302(d)(3) of the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 (Public Law 99-554; 28 U.S.C. 581 note) is amended—

(1) in subparagraph (A)(ii), by striking out “October 1, 1992” and inserting in lieu thereof “October 1, 2002”;

(2) in subparagraph (F)(i)(II), by striking out “October 1, 1992” and inserting in lieu thereof “October 1, 2002”;

Consumer Bankruptcy Law and Practice: Sec. 403.

(a) A case commenced under the Bankruptcy Act, and all matters and proceedings in or relating to any such case, shall be conducted and determined under such Act as if this Act had not been enacted, and the substantive rights of parties in connection with any such bankruptcy case, matter, or proceeding shall continue to be governed by the law applicable to such case, matter, or proceeding as if the Act had not been enacted.

Consumer Bankruptcy Law and Practice: Sec. 106.

(a) Notwithstanding section 152 of title 28, United States Code, as added by this Act, the term of office of a bankruptcy judge who is serving on the date of enactment of this Act is extended to and expires four years after the date such bankruptcy judge was last appointed to such office or on October 1, 1986, whichever is later.

Consumer Bankruptcy Law and Practice: Sec. 113.

Section 402(b) of the Act of November 6, 1978 (Public Law 95598; 92 Stat. 2682), is amended by striking out “shall take effect on June 28, 1984” and inserting in lieu thereof “shall not be effective.”

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Consumer Bankruptcy Law and Practice: Sec. 115.

(a) On the date of the enactment of this Act the appropriate district court of the United States shall have jurisdiction of—

(1) cases, and matters and proceedings in cases, under the Bankruptcy Act that are pending immediately before such date in the bankruptcy courts continued by section 404(a) of the Act of November 6, 1978 (Public Law 95598; 92 Stat. 2687), and

Consumer Bankruptcy Law and Practice: Sec. 121.

[Editor’s note.79]

(a) Section 402 of the Act entitled “An Act to establish a uniform Law on the Subject of Bankruptcies” (Public Law 95598) is amended in subsections (b) and (e) by striking out “June 28, 1984” each place it appears and inserting in lieu thereof “the date of enactment of the Bankruptcy Amendments and Federal Judgeship Act of 1984.”

Consumer Bankruptcy Law and Practice: Sec. 122.

(a) Except as otherwise provided in this section, this title and the amendments made by this title shall take effect on the date of the enactment of this Act.

(b) Section 1334(c)(2) of title 28, United States Code, and section 1411(a) of title 28, United States Code, as added by this Act, shall not apply with respect to cases under title 11 of the United States Code that are pending on the date of enactment of this Act, or to proceedings arising in or related to such cases.

Consumer Bankruptcy Law and Practice: Sec. 301. Incumbent United States Trustees.

(a) Area for Which Appointed. Notwithstanding any paragraph of section 581(a) of title 28, United States Code, as in effect before the effective date of this Act, a United States trustee serving in such office on the effective date of this Act shall serve the remaining term of such office as United States trustee for the region specified in a paragraph of such section, as amended by this Act, that includes the site at which the primary official station of the United States trustee is located immediately before the effective date of this Act.

Consumer Bankruptcy Law and Practice: Sections 302(a) through 302(c)

(a) General Effective Date. Except as provided in subsections (b), (c), (d), (e), and (f), this Act and the amendments made by this Act shall take effect 30 days after the date of the enactment of this Act.

(b) Amendments Relating to Bankruptcy Judges and Incumbent United States Trustees. Subtitle A of title I, and sections 301 and 307(a), shall take effect on the date of the enactment of this Act.

(c) Amendments Relating to Family Farmers.

Consumer Bankruptcy Law and Practice: Sec. 105. Participation by Bankruptcy Administrator at Meetings of Creditors and Equity Security Holders.

(a) Presiding Officer. A bankruptcy administrator appointed under section 302(d)(3)(i) of the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 (28 U.S.C. 581 note; Public Law 99-554; 100 Stat. 3123), as amended by section 317(a) of the Federal Courts Study Committee Implementation Act of 1990 (Public Law 101-650; 104 Stat. 5115), or the bankruptcy administrator’s designee may preside at the meeting of creditors convened under section 341(a) of title 11, United States Code.

Consumer Bankruptcy Law and Practice: Sec. 304. Protection of Child Support and Alimony.

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(g) Appearance Before Court. Child support creditors or their representatives shall be permitted to appear and intervene without charge, and without meeting any special local court rule requirement for attorney appearances, in any bankruptcy case or proceeding in any bankruptcy court or district court of the United States if such creditors or representatives file a form in such court that contains information detailing the child support debt, its status, and other characteristics.

Consumer Bankruptcy Law and Practice: Sec. 702. Effective Date; Application of Amendments.

(a) Effective Date. Except as provided in subsection (b), this Act shall take effect on the date of the enactment of this Act.

(b) Application of Amendments.

(1) Except as provided in paragraph (2), the amendments made by this Act shall not apply with respect to cases commenced under title 11 of the United States Code before the date of the enactment of this Act.