Page:United States Statutes at Large Volume 98 Part 1.djvu/426

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 378

PUBLIC LAW 98-353—JULY 10, 1984 (1) in paragraph (2), by inserting "including proceeds of such property," after "law,"; and (2) in paragraph (4), by— (A) striking o u t ", without penalty"; and (B) inserting "without penalty" after "payable". (b) Section 547(b) of title 11 of the United States Code is amended— (1) by striking out "of property of the debtor" and inserting in lieu thereof "of an interest of the debtor in property"; and (2) in paragraph (4) by amending subparagraph (B) to read as follows: "(B) between ninety days and one year before the date of the filing of the petition, if such creditor at the time of such transfer was an insider;". (c) Section 547 of title 11 of the United States Code is amended in sulDsection (c)(2) thereof by striking out subparagraph (B) of such subsection, and by redesignating subparagraphs (C) and (D) thereof as subparagraphs (B) and (C), respectively. (d) Section 547(c) of title 11 of the United States Code is amended— (1) in paragraph (2)(A), by inserting "by the debtor" after "incurred"; (2) in paragraph (3), by striking out " o f the first place it appears and inserting in lieu thereof "that creates"; (3) in paragraph (3)(B), by— (A) inserting "on or" after "perfected"; and (B) striking out "such security interest attaches" and inserting in lieu thereof "the debtor receives possession of such property"; (4) in paragraph (5), by— (A) striking out o f the first place it appears and inserting in lieu thereof "that creates; and (B) striking out "all security interest" and inserting in lieu thereof "all security interests"; and (5) in paragraph (SXAXii), by striking out "and" and inserting in lieu thereof "or". (e) Section 547(d) of title 11 of the United States Code is amended by— (1) striking out "A" and inserting in lieu thereof "The"; (2) inserting "an interest in" after "transfer o f: (3) inserting "to or for the benefit of a surety after "transferred"; and (4) inserting "such" after "reimbursement o f. (f) Section 547(e) of title 11 of the United States Code is amended in paragraph (2)(C)(i), by striking out "and" and inserting in lieu thereof ^'or*'. (g) Section 547 of title 11 of the United States Code is amended by adding at the end thereof the following new subsection: "(g) For the purposes of this section, the trustee has the burden of proving the avoidability of a transfer under subsection (b) of this section, and the creditor or party in interest against whom recovery or avoidance is sought has the burden of proving the nonavoidability of a transfer under subsection (c) of this section.'. SEC. 463. (a) Section 548(a) of title 11 of the United States Code is amended— (1) by striking out "if the debtor" and inserting in lieu thereof "if the debtor voluntarily or involuntarily";