Page:United States Statutes at Large Volume 98 Part 1.djvu/400

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 352

PUBLIC LAW 98-353—JULY 10, 1984 TITLE III-AMENDMENTS TO TITLE 11 OF THE UNITED STATES CODE SUBTITLE A—CONSUMER CREDIT AMENDMENTS

Supra.

11 USC 701 et s«9-

SEC. 301. Section 109 of title 11, United States Code, is amended by adding at the end thereof the following new subsection: "(f) Notwithstanding any other provision of this section, no individual may be a debtor under this title who has been a debtor in a case pending under this title at any time in the preceding 180 days if— "(1) the case was dismissed by the court for willful failure of the debtor to abide by orders of the court, or to appear before the court in proper prosecution of the case; or "(2) the debtor requested and obtained the voluntary dismissal of the case following the filing of a request for relief from the automatic stay provided by section 362 of this title.". SEC. 302. Section 342 of title 11, United States Code, is amended— (1) by inserting "(a)" before "There shall be given", and (2) by adding at the end thereof the following new subsection: "(b) Prior to the commencement of a case under this title by an individual whose debts are primarily consumer debts, the clerk shall give written notice to such individual that indicates each chapter of this title under which such individual may proceed.". SEC. 303. Section 349(a) of title 11, United States Code, is amended by inserting before the period at the end thereof "; nor does the dismissal of a case under this title prejudice the debtor with regard to the filing of a subsequent petition under this title, except as provided in section 109(f) of this title". SEC. 304. Section 362 of title 11, United States Code, is amended by adding at the end thereof the following new subsection: "(h) An individual injured by any willful violation of a stay provided by this section shall recover actual damages, including costs and attorneys' fees, and, in appropriate circumstances, may recover punitive damages.". SEC. 305. Section 521 of title 11, United States Code, is amended— (1) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively, (2) in paragraph (1) by inserting "a schedule of current income and current expenditures," after "liabilities,", and (3) by inserting after paragraph (1) the following new paragraph: "(2) if an individual debtor's schedule of assets and liabilities includes consumer debts which are secured by property of the estate— "(A) within thirty days after the date of the filing of a petition under chapter 7 of this title or on or before the date of the meeting of creditors, whichever is earlier, or within such additional time as the court, for cause, within such period fixes, the debtor shall file with the clerk a statement of his intention with respect to the retention or surrender of such property and, if applicable, specifying that such property is claimed as exempt, that the debtor intends to redeem such property, or that the debtor intends to reaffirm debts secured by such property; "(B) within forty-five days after the filing of a notice of intent under this section, or within such additional time as