legislation: 104-s-1559
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| 104-s-1559 | 104 | s | 1559 | Bankruptcy Technical Corrections Act of 1996 | Finance and Financial Sector | 1996-02-06 | 1996-10-04 | Referred to the Subcommittee on Commercial and Administrative Law. | Senate | Sen. Grassley, Chuck [R-IA] | IA | R | G000386 | 1 | Bankruptcy Technical Corrections Act of 1996 - Makes technical corrections to Federal bankruptcy, criminal, and judiciary law. Redefines single asset real estate to exclude family farms and remove the $4 million ceiling on the amount of noncontingent, liquidated secured debts on such property. (Sec. 3) Requires triennial adjustment of the $5,000 minimum threshold value of certain implements, professional books, tools of the trade, farm animals, and crops with respect to which a debtor in certain States may not avoid the fixing of a nonpossessory, nonpurchase-money security interest lien. (Sec. 4) Allows a bankruptcy court to award reasonable compensation to a debtor's attorney. (Sec. 6) Repeals certain guidelines governing executory contracts and unexpired leases of aircraft terminals and aircraft gates, including the proscription against their assignment by the trustee in bankruptcy. (Sec. 14) Modifies guidelines relating to the liability of transferees of avoided transfers to prohibit the trustee in bankruptcy from avoiding a transfer made between 90 days and one year before the filing of the relief petition, if the transfer at the time was made for the benefit of a non-insider transferee. (Sec. 15) Revises set-off recovery rules to exclude from recovery by a trustee setoffs by swap participants. (Sec. 22) Repeals a provision for temporary continuation on the Bankruptcy Review Commission of certain members who have been or become employees or officers of a government. (Sec. 23) Requires the U.S. trustee to file a report certifying the election of an eligible, disinterested trustee at a meeting of creditors. Declares that upon such filing: (1) the trustee elected shall be considered to have been selected and appointed; and (2) the service shall terminate of any trustee previously appointed to fill the term of specified ineligible or incapacitated trustees. (Sec. 24) Amends the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 to extend until October 1, 2012, and October 1, 2013, respectively, the period during which specified portions of such Act regarding U.S. Trustees in bankruptcy and fees payable to them shall not apply to the judicial districts of Alabama and North Carolina (nor to cases pending in them). (Sec. 27) Amends Federal bankruptcy law to provide that the filing of certain bankruptcy petitions (including certain petitions under the Securities Investor Protection Act of 1970) does not operate as an automatic stay of a criminal enforcement of a judicial order requiring the payment of child support. (Sec. 28) Allows a debtor to exempt from his or her estate under State or local law an aggregate interest of no more than $500,000 in: (1) real or personal property used as a residence by either the debtor or a dependent; (2) a cooperative that owns property used as a residence by the debtor or a dependent; or (3) a burial plot for the debtor or a dependent. (Sec. 29) Confers exclusive authority upon the district court in the district in which a standing trustee in bankruptcy resides to review the Attorney General's determination of the trustee's actual, necessary expenses. Requires such court to accord substantial deference to such determination. Authorizes the court to reverse it only for abuse of discretion by the Attorney General. Provides that if the U.S. Trustee ceases assigning cases to a trustee, such trustee may seek judicial review of the decision in the district court in the district in which the trustee resides after exhausting all administrative remedies. Requires such court to accord substantial deference to the U.S. Trustee's determination. Authorizes the court to reverse it only for abuse of discretion by such Trustee. Authorizes the district court to order interim relief only if the court concludes, viewing all facts most favorably to the U.S. Trustee, that there was no basis for the Trustee's decision to cease assigning cases to the complainant trustee. Declares the denial of a request for interim relief is final and not subject to further review. | 2025-07-21T19:32:26Z |