Page:United States Statutes at Large Volume 84 Part 1.djvu/1051

 84 STAT. ]

PUBLIC LAW 91-467-OCT. 19, 1970

993

section 14 of this Act and, unless an application is timely filed, the "*"'*' ^' ^^°" debt shall be discharged. Notwithstanding the preceding sentence, no application need be filed for a debt excepted by clause (8) if a right to trial by jury exists and any party to a pending action on such debt has timely demanded a trial by jury or if either the bankrupt or a creditor submits a signed statement of an intention to do so. "(3) After hearing upon notice, the court shall determine the dischargeability of any debt for which an application for such determination has been filed, shall make such orders as are necessary to protect or effectuate a determination that any debt is dischargeable and, if any debt is determined to be nondischargeable, shall determine the remaining issues, render judgment, and make all orders necessary for the enforcement thereof. A creditor who files such application does not submit himself to the jurisdiction of the court for any purposes other than those specified in this subdivision c. " (4) The provisions of this subdivision c shall apply whether or not Applicability. an action on a debt is then pending in another court and any party may be enjoined from instituting or continuing such action prior to or during the pendency of a proceeding to determine its dischargeability under this subdivision c. "(5) Nothing in this subdivision c shall be deemed to affect the right of any party, upon timely demand, to a trial by jury where such right exists. "(6) If a bankruptcy case is reopened for the purpose of obtaining the orders and judgments authorized by this subdivision c, no additional filing fee shall be required." SEC. 8. Clause (4) of section 38 of the Bankruptcy Act (11 U.S.C. refeTias!'"''"" "' 66) is amended by adding at the end thereof the following: ", deter- 52 Stat. 857. mine the dischargeability of debts, and render judgments thereon". SEC. 9. Subdivision b of section 58 of the Bankruptcy Act (11 U.S.C. Notices. 94(b)) is amended to read as follows: 71 Stat. 599. "b. The court shall give at least thirty days' notice by mail of the last day fixed by its order for the filing 01 objections to a bankrupt's discharge and for the filing of applications pursuant to paragraph (2) of subdivision c of section 17 of this Act to determine the disdiargeaoility Ante, p. 992. of debts (1) to the creditors in the manner prescribed in subdivision a of this section; (2) to the trustee, if any, and his attorney, if any, at their respective addresses as filed b ^ them with the court; and (3) to the United States attorney of the judicial district wherein the proceeding is pending. The court shall also give at least thirty days' notice by man of the time and place of a heariqg upon objections to a bankrupt's discharge (1) to the bankrupt, at his last known address as appears in his petition, schedules, list of creditors, or statement of affairs, or, if no address so appears, to his last known address as furnished by the trustee or other party after inquiry; (2) to the bankrupt's attorney, if any, at his address as filed by him with the court; and (3) to the objecting parties and their attorneys, at their respective addresses as filed by them with the court." SEC. 10. The provisions of this amendatory Act shall take effect on Effective date. and after sixty days from the date of its approval and shall govern proceedings in all cases filed after such date. Approved October 19, 1970.

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