Page:United States Statutes at Large Volume 102 Part 4.djvu/60

 102 STAT. 3030

PUBLIC LAW 100-597—NOV. 3, 1988

SEC. 9. MUNICIPAL LEASES.

Title 11 of the United States Code is amended by inserting after section 928, as added by section 8, the following: "§ 929. Municipal leases "A lease to a municipality shall not be treated as an executory contract or unexpired lease for the purposes of section 365 or 502(b)(6) of this title solely by reason of its being subject to termination in the event the debtor fails to appropriate rent.". SEC. 10. CONFIRMATION.

Section 943(b) of title 11, United States Code, is amended— (1) in paragraph (5) by striking "and" at the end; (2) by redesignating paragraph (6) as paragraph (7); and (3) by inserting after paragraph (5) the following: "(6) any regulatory or electoral approval necessary under applicable nonbankruptcy law in order to carry out any provision of the plan has been obtained, or such provision is expressly conditioned on such approval; and". SEC. 11. TECHNICAL AMENDMENT.

The table of sections of chapter 9 of title 11, United States Code, is amended by striking the item relating to section 927 and inserting the following: "927. "928. "929. "930. 11 USC 101 note.

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Limitation on recourse. Post petition effect of security interest. Municipal leases. Dismissal.".

SEC. 12. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

(a) EFFECTIVE DATE.—Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) APPLICATION OF AMENDMENTS.—The amendments made by this Act shall not apply with respect to cases commenced under title 11 of the United States Code before the date of the enactment of this Act. Approved November 3, 1988.

LEGISLATIVE HISTORY—S. 1863 (H.R. 5347): HOUSE REPORTS: No. 100-1011 accompanying H.R. 5347 (Comm. on the Judiciary). SENATE REPORTS: No. 100-506 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 134 (1988): Sept. 20, considered and passed Senate. Oct. 3, 4, H.R. 5347 considered and peissed House. Oct. 14, considered and passed Senate, amended. Oct. 19, S. 1863 considered and passed House, amended. Oct. 20, Senate concurred in House amendment.

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