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S. 1358

A bill to amend title 11, United States Code, the Bankruptcy Code, to clarify the transfer provisions.

Amends Federal bankruptcy provisions to provide that a debtor shall have received reasonably equivalent value through any transfer to a person who acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, land sale contract, or security agreement. Makes nonvoidable any termination of a lease or contract pursuant to the terms of the lease or contract and permitted by applicable nonbankruptcy law.

Specifies that any interest of a debtor in an asset acquired pursuant to a regularly conducted foreclosure sale or other procedure permitted by law for acquiring a debtor's interest upon default under a security agreement shall be deemed to be taken for new value and not in consideration of an antecedent debt.

Subcommittee on Courts and Administrative Practice. Hearings held.

Sen. DeConcini, Dennis [D-AZ](D-AZ)Sponsor
1committees4actions6subjects
  1. Committee

    Subcommittee on Courts and Administrative Practice. Hearings held.

    Administrative Oversight and the Courts Subcommittee
  2. Committee

    Referred to Subcommittee on Courts and Administrative Practice.

    Administrative Oversight and the Courts Subcommittee
  3. IntroReferral

    Read twice and referred to the Committee on Judiciary.

    Judiciary Committee
  4. IntroReferral10000

    Introduced in Senate