Page:United States Statutes at Large Volume 119.djvu/96

 119 STAT. 78

PUBLIC LAW 109–8—APR. 20, 2005 the filing of the petition was part of a scheme to delay, hinder, and defraud creditors that involved either— ‘‘(A) transfer of all or part ownership of, or other interest in, such real property without the consent of the secured creditor or court approval; or ‘‘(B) multiple bankruptcy filings affecting such real property. If recorded in compliance with applicable State laws governing notices of interests or liens in real property, an order entered under paragraph (4) shall be binding in any other case under this title purporting to affect such real property filed not later than 2 years after the date of the entry of such order by the court, except that a debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. Any Federal, State, or local governmental unit that accepts notices of interests or liens in real property shall accept any certified copy of an order described in this subsection for indexing and recording.’’. (b) AUTOMATIC STAY.—Section 362(b) of title 11, United States Code, as amended by section 224, is amended by inserting after paragraph (19), the following: ‘‘(20) under subsection (a), of any act to enforce any lien against or security interest in real property following entry of the order under subsection (d)(4) as to such real property in any prior case under this title, for a period of 2 years after the date of the entry of such an order, except that the debtor, in a subsequent case under this title, may move for relief from such order based upon changed circumstances or for other good cause shown, after notice and a hearing; ‘‘(21) under subsection (a), of any act to enforce any lien against or security interest in real property— ‘‘(A) if the debtor is ineligible under section 109(g) to be a debtor in a case under this title; or ‘‘(B) if the case under this title was filed in violation of a bankruptcy court order in a prior case under this title prohibiting the debtor from being a debtor in another case under this title;’’. SEC. 304. DEBTOR RETENTION OF PERSONAL PROPERTY SECURITY.

Title 11, United States Code, is amended— (1) in section 521(a), as so designated by section 106— (A) in paragraph (4), by striking ‘‘, and’’ at the end and inserting a semicolon; (B) in paragraph (5), by striking the period at the end and inserting ‘‘; and’’; and (C) by adding at the end the following: ‘‘(6) in a case under chapter 7 of this title in which the debtor is an individual, not retain possession of personal property as to which a creditor has an allowed claim for the purchase price secured in whole or in part by an interest in such personal property unless the debtor, not later than 45 days after the first meeting of creditors under section 341(a), either— ‘‘(A) enters into an agreement with the creditor pursuant to section 524(c) with respect to the claim secured by such property; or

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