S.Amdt. 132Senate109th Congress (2005-2007)

S.Amdt. 132

What it does: Adds SEC. 202. EFFECT OF DISCHARGE wherever appropriate
Submitted March 8, 2005

What it changes

1 change to S. 256

Adds a section
  1. Adds SEC. 202. EFFECT OF DISCHARGE wherever appropriate

    Adds a section

    Inserted: SEC. 202. EFFECT OF DISCHARGE.

    Inserted: (a) Injunction After Confirmation of Bankruptcy Plan of Reorganization.--

    Inserted: (1) In general.--Section 524(g)(2)(B)(ii)(IV)(bb) of title 11, United States Code, is amended by inserting before the semicolon at the end the following: ", or, if such a vote is not obtained with respect to any such class of claimants so established, the plan satisfies the requirements for confirmation of a plan under section 1129(b) that would apply to such class if the class did not accept the plan for purposes of section 1129(a)(8) (whether or not the class has accepted the plan)".

    Inserted: (2) Effective date; application.--The amendment made by paragraph (1) shall take effect on the date of enactment of this Act and shall apply with respect to cases under title 11 of the United States Code, which were commenced before, on, or after such date.

    Inserted: (b) Violation of Injunction; Exception.--Section 524 of title 11, United States Code, is amended by adding at the end the following:

    The amendment doesn't say where this goes; the clerk decides.

    Original wording

    At the appropriate place, insert the following:

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As printed

SA 132. Mr. CORNYN submitted an amendment intended to be proposed by him to the bill S. 256, to amend title 11 of the United States Code, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. 202. EFFECT OF DISCHARGE.

(a) Injunction After Confirmation of Bankruptcy Plan of Reorganization.--

(1) In general.--Section 524(g)(2)(B)(ii)(IV)(bb) of title 11, United States Code, is amended by inserting before the semicolon at the end the following: “, or, if such a vote is not obtained with respect to any such class of claimants so established, the plan satisfies the requirements for confirmation of a plan under section 1129(b) that would apply to such class if the class did not accept the plan for purposes of section 1129(a)(8) (whether or not the class has accepted the plan)”.

(2) Effective date; application.--The amendment made by paragraph (1) shall take effect on the date of enactment of this Act and shall apply with respect to cases under title 11 of the United States Code, which were commenced before, on, or after such date.

(b) Violation of Injunction; Exception.--Section 524 of title 11, United States Code, is amended by adding at the end the following:

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Senate amendment submitted

March 8, 2005