Page:United States Statutes at Large Volume 108 Part 5.djvu/628

 108 STAT. 4118 PUBLIC LAW 103-394—OCT. 22, 1994 awarding a money recovery, but not including an award of punitive damages. Such order or judgment for costs or fees under this title or the Federal Rules of Bankruptcy Procedure against any governmental unit shall be consistent with the provisions and limitations of section 2412(d)(2)(A) of title 28. "(4) The enforcement of any such order, process, or judgment against any governmental unit shall be consistent with appropriate nonbankruptcy law applicable to such governmental unit and, in the case of a money judgment against the United States, shall be paid as if it is a judgment rendered by a district court of the United States. "(5) Nothing in this section shall create any substantive claim for relief or cause of action not otherwise existing under this title, the Federal Rules of Bankruptcy Procedure, or nonbankruptcy law. "(b) A governmental unit that has filed a proof of claim in the case is deemed to have waived sovereign immunity with respect to a claim against such governmental unit that is property of the estate and that arose out of the same transaction or occurrence out of which the claim of such governmental unit arose. "(c) Notwithstanding any assertion of sovereign immunity by a governmental unit, there shall be offset against a claim or interest of a governmental unit any claim against such governmental unit that is property of the estate.". SEC, 114. SERVICE OF PROCESS IN BANKRUPTCY PROCEEDINGS ON AN INSURED DEPOSITORY INSTITUTION. 11 USC app. Rule 7004 of the Federal Rules of Bankruptcy Procedure is amended— (1) in subdivision (b) by striking "In addition" and inserting "Except as provided in subdivision (h), in addition", and (2) by adding at the end the following: Mail. "(h) SERVICE OF PROCESS ON AN INSURED DEPOSITORY INSTITU- TION.— Service on an insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act) in a contested matter or adversary proceeding shall be made by certified mail addressed to an officer of the institution unless— "(1) the institution has appeared by its attorney, in which case the attorney shall be served by first class mail; "(2) the court orders otherwise after service upon the institution by certified mail of notice of an application to permit service on the institution by first class mail sent to an officer of the institution designated by the institution; or "(3) the institution has waived in writing its entitlement to service by certified mail by designating an officer to receive service.". SEC. 115. MEETINGS OF CREDITORS AND EQUITY SECURITY HOLDERS. Section 341 of title 11, United States Code, is amended by adding at the end the following: "(d) Prior to the conclusion of the meeting of creditors or equity security holders, the trustee shall orally examine the debtor to ensure that the debtor in a case under chapter 7 of this title is aware of— "(1) the potential consequences of seeking a discharge in bankruptcy, including the effects on credit history; "(2) the debtor's ability to file a petition under a different chapter of this title;

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