Page:United States Statutes at Large Volume 92 Part 2.djvu/1394

 92 STAT. 2674 .ff« D'-: •

Ante, p. 2549.

11 USC 108. Anu, p. 2602.

Ante, p. 2562.

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PUBLIC LAW 95-598—NOV. 6, 1978 SEC. 305. The first section of the Act entitled "An Act to authorize the Secretary of Agriculture to compromise, adjust, or cancel certain indebtedness, and for other purposes." approved December 20, 1944 (58 Stat. 836; 12 U.S.C. 1150), is amended by striking out "Act entitled 'An Act to establish a uniform system of bankruptcy throughout the United States' " and inserting "Bankruptcy Act or under title 11 of the United States Code" in lieu thereof. SEC. 306. (a) Section 3(a)(7) of the Securities Act of 1933 (15 U.S.C. 77c(a)(7)) is amended by striking out "in bankruptcy" and inserting "or debtor in possession in a case under title 11 of the United States Code" in lieu thereof. (b) Paragraphs (9) and (10) of section 3(a) of such Act (15 U.S.C. 77c(a)(9) and (10)) are each amended by striking out "Any" and inserting in lieu thereof the following: "Except with respect to a security exchanged in a case under title 11 of the United States Code, any". SEC. 307. Section 303(18) of the Trust Indenture Act of 1939 (15 U.S.C. 77ccc( 18)) is amended by striking out "Act entitled'An Act to establish a uniform system of bankruptcy throughout the United States', approved July 1, 1898, as amended, whether amended prior to or after the enactment of this title" and inserting "Bankruptcy Act or title 11 of the United States Code" in lieu thereof. SEC. 308. (a) Section 5(b)(1)(A) of the Securities Investor Protection Act of 1970 (15 U.S.C. 78eee(b)(1)) is amended— (1) by striking out "the Bankruptcy Act" and inserting "section 101 of title 11 of the United States Code" in lieu thereof; (2) by strikina: out subparagraph (B) thereof; and (3) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (B), (C),and (D),respectively. (b) Section 5(b)(2)(A) (iii) of such Act (15 U.S.C. 78eee(b)(2) (A) (iii)) is amended by striking out "bankruptcy by the Bankruptcy Act" and inserting "the United States having jurisdiction over cases under title 11 of the United States Code" in lieu thereof. (c) Section 5(b)(2)(B) (iii) of such Act (15 U.S.C. 78eee(b)(2) fB)(iii)) is amended by striking out ", the right of setoff provided in section 68 of the Bankruptcy Act, and" and inserting in lieu thereof "any right of setoff, except to the extent such right may be affected under section 553 of title 11 of the United States Code, and shall not abrogate". (d) Section.5/b)(3) of such Act (15 U.S.C. 78eee(b)(3)) is amended by striking out "the applicable provisions of the Bankruptcv Act" and inserting "section 322 of title 11 of the United States Code" in lieu thereof. (e) Section 5(b) of such Act (15 U.S.C. 78eee(b)) is amended by strikino^ out paragraph (4) thereof and inserting in lieu thereof the following: "(4)

REMOVAL, TO BAXKRUPTCY COURT.—Upon the issuance of a

protective decree and appointment of a trustee, or a trustee and counsel, under this section, the court shall forthwith order the removal of the entire liquidation proceeding to the court of the United States in the same judicial district having jurisdiction over cases under title 11 of the United States Code. The latter court shall thereupon have all of the jurisdiction, powers, and duties conferred by this Act upon the court to which application for the issuance of the protective decree was made.". (f) Section 5(b)(5) of such Act (15 U.S.C. 78eee(b)(5)) is amended—

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