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Consumer Bankruptcy Law and Practice: 50 U.S.C. § 3958. Enforcement of storage liens

(a) Liens.

(1) Limitation on foreclosure or enforcement. A person holding a lien on the property or effects of a servicemember may not, during any period of military service of the servicemember and for 90 days thereafter, foreclose or enforce any lien on such property or effects without a court order granted before foreclosure or enforcement.

Consumer Bankruptcy Law and Practice: 50 U.S.C. § 4011. Inappropriate use of Act

If a court determines, in any proceeding to enforce a civil right, that any interest, property, or contract has been transferred or acquired with the intent to delay the just enforcement of such right by taking advantage of this Act, the court shall enter such judgment or make such order as might lawfully be entered or made concerning such transfer or acquisition.

[Act of Oct. 17, 1940, c. 888, § 601, as added by Pub. L. No. 108-189, § 1, 117 Stat. 2859 (2003).]

Consumer Bankruptcy Law and Practice: 50 U.S.C. § 4013. Interlocutory orders

An interlocutory order issued by a court under this Act may be revoked, modified, or extended by that court upon its own motion or otherwise, upon notification to affected parties as required by the court.

[Act of Oct. 17, 1940, c. 888, § 603, as added by Pub. L. No. 108-189, § 1, 117 Stat. 2860 (2003).]

Consumer Bankruptcy Law and Practice: 50 U.S.C. § 4021. Anticipatory relief

(a) Application for relief. A servicemember may, during military service or within 180 days of termination of or release from military service, apply to a court for relief—

(1) from any obligation or liability incurred by the servicemember before the servicemember’s military service; or

(2) from a tax or assessment falling due before or during the servicemember’s military service.

Consumer Bankruptcy Law and Practice: Public Law Citation and Amendment History

[Pub. L. No. 95-598, tit. IV, 92 Stat. 2684 (1978); amended by Pub. L. No. 98-249, 98 Stat. 116 (1984); Pub. L. No. 98-271, 98 Stat. 163 (1984); Pub. L. No. 98-299, 98 Stat. 214 (1984); Pub. L. No. 98-325, 98 Stat. 268 (1984); Pub. L. No. 98-353, 98 Stat. 343, 345, 364 (1984); Pub. L. No. 98-454, tit. X, 98 Stat. 1745 (1984).]

Consumer Bankruptcy Law and Practice: Sec. 401.

(a) The Bankruptcy Act is repealed.

(b) Section 3 of the Act entitled “An Act to amend an Act entitled ‘An Act to establish a uniform system of bankruptcy throughout the United States’, approved July 1, 1898, and Acts amendatory thereof and supplementary thereto,” approved March 3, 1933 (47 Stat. 1482; 11 U.S.C. 101a), is repealed.

Consumer Bankruptcy Law and Practice: Sec. 402.

(a) Except as otherwise provided in this title, this Act shall take effect on October 1, 1979.

(b) Except as provided in subsections (c) and (d) of this section, the amendments made by title II of this Act shall not be effective.

(c) The amendments made by sections 210, 214, 219, 220, 222, 224, 225, 228, 229, 235, 244, 245, 246, 249, and 251 of this Act shall take effect on October 1, 1979.

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