Page:United States Statutes at Large Volume 108 Part 5.djvu/642

 108 STAT. 4132 PUBLIC LAW 103-394—OCT. 22, 1994 SEC. 302. NONDISCHARGEABILrrY OF FINE UNDER CHAPTER 13. Section 1328(a)(3) of title 11, United States Code, is amended by inserting ", or a criminal fine," after "restitution". SEC. 303. IMPAIRMENT OF EXEMPTIONS. Section 522(f) of title 11, United States Code, is amended— (1) in paragraph (2)— (A) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (in), respectively, and (B) by striking "(2)" and inserting "(B)", (2) by redesignating paragraph (1) as subparagraph (A), (3) by inserting "(1)" before "Notwithstanding", and (4) by adding at the end the following: "(2)(A) For the purposes of this subsection, a Uen shall be considered to impair an exemption to the extent tiiat the sum of— "(i) the hen; "(ii) all other liens on the property; and "(iii) the amount of the exemption that the debtor could claim if there were no hens on the property; exceeds the value that the debtor's interest in the property would have in the absence of any Uens. "(B) In the case of a property subject to more than 1 hen, a hen that has been avoided shall not be considered in making the calculation under subparagraph (A) with respect to other liens. "(C) This paragraph snail not apply with respect to a judgment arising out of a mortgage foreclosure.. SEC. 304. PROTECTION OF CHILD SUPPORT AND ALIMONY. (a) DEFINITION. — Section 101 of title 11, United States Code, is amended by insertiDg after paragraph (12) the following: "(12A) 'debt tor child support* means a debt of a kind specified in section 523(a)(5) of this title for maintenance or support of a child of the debtor,". (b) RELIEF FROM AUTOMATIC STAY.—Section 362(b)(2) of title 11, United States Code, is amended to read as follows: "(2) under subsection (a) of this section— "(A) of the commencement or continuation of an action or proceeding foi-- "(ii) the estabhshment or modification of an order for alimony, maintenance, or support; or "(B) of the collection of alimony, maintenance, or support from property that is not propertir of the estate,. (c) PRIORITY OF CLAIMS.—Section 507(a) of title 11, United States Code, is amended— (1) in paragraph (8) by striking "(8) Eighth" and inserting " (9)Nmtili", (2) in paragraph (7) by striking "(7) Seventh" and inserting "(8) Eightii", and (3) by inserting after paragraph (6) the following: "(7) Seventh, allowed claims for debts to a spouse, former spouse, or child of the debtor, for alimony to, maintenance for, or support of such spouse or chUd, in connection with a separation agreement, divorce decree or other order of a court of record, determination made in accordance with State
 * (i) the establishment of paternity; or

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