Page:United States Statutes at Large Volume 108 Part 5.djvu/647

 •«1«?4?j?',- PUBLIC LAW 103-394-OCT. 22, 1994 108 STAT. 4137 "(I) engaged in conduct in violation of this section or of any provision of this title a violation of which subjects a person to criminal penalty; "(II) misrepresented the preparer's experience or education as a bankruptcy petition preparer; or "(III) engaged in any other fraudulent, unfair, or deceptive conduct; and "(ii) injunctive relief is appropriate to prevent the recurrence of such conduct, the court may enjoin the bankruptcy petition preparer from engaging in such conduct. "(B) If the court finds that a bankruptcy petition preparer has continually engaged in conduct described in subclause (I), (II), or (III) of clause (i) and that an injunction prohibiting such conduct would not be sufficient to prevent such person's interference with the proper administration of this title, or has not paid a penalty imposed under this section, the court may enjoin the person from acting as a bankruptcy petition preparer. "(3) The court shall award to a debtor, trustee, or creditor that brings a successful action under this subsection reasonable attorney's fees and costs of the action, to be paid by the bankruptcy petition preparer. "(k) Nothing in this section shall be construed to permit activities that are otherwise prohibited by law, including rules and laws that prohibit the unauthorized practice of law.". (b) The chapter analysis for chapter 1 of title 11, United States Code, is amended by adding at the end the following new item: "110. Penalty for persons who negligently or fraudulently prepare bankruptcy petitions.". SEC. 309. FAIRNESS TO CONDOMINIUM AND COOPERATIVE OWNERS. Section 523(a) of title 11, United States Code, as amended by sections 221 and 304, is amended by adding at the end the following: "(16) for a fee or assessment that becomes due and payable after the order for relief to a membership association with respect to the debtor's interest in a dwelling unit that has condominium ownership or in a share of a cooperative housing corporation, but only if such fee or assessment is payable for a period during which— "(A) the debtor physically occupied a dwelling unit in the condominium or cooperative project; or "(B) the debtor rented the dwelling unit to a tenant and received payments from the tenant for such period, but nothing in this paragraph shall except from discharge the debt of a debtor for a membership association fee or assessment for a period arising before entry of the order for relief in a pending or subsequent bankruptcy case.". SEC. 310. NONAVOIDABILITY OF FIXING OF LIEN ON TOOLS AND IMPLEMENTS OF TRADE, ANIMALS, AND CROPS. Section 522(f) of title 11, United States Code, as amended by sections 303 and 304, is amended— (1) in paragraph (1) by inserting "but subject to paragraph (3)" after "waiver of exemptions", and (2) by adding at the end the following: "(3) In a case in which State law that is applicable to the debtor—

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