Page:United States Statutes at Large Volume 98 Part 1.djvu/402

 98 STAT. 354

Real property.

PUBLIC LAW 98-353—JULY 10, 1984 for purposes of this subparagraph as it is defined in the Consumer Credit Protection Act (15 U.S.C. 1601 et seq.);". (b) Section 523(d) of title 11, United States Code, is amended to read as follows: "(d) If a creditor requests a determination of dischargeability of a consumer debt under subsection (a)(2) of this section, and such debt is discharged, the court shall grant judgment in favor of the debtor for the costs of, and a reasonable attorney's fee for, the proceeding if the court finds that the position of the creditor was not substantially justified, except that the court shall not award such costs and fees if special circumstances would make the award unjust.". SEC. 308. (a) Section 524(a)(2) of title 11, United States Code, is amended by striking out "or from property of the debtor,". (b) Section 524(c) of title 11, United States Code, is amended— (1) by striking out paragraph (2), (2) by redesignating paragraphs (3) and (4) as paragraphs (5) and (6), respectively, and (3) by inserting after paragraph (1) the following new paragraphs: "(2) such agreement contains a clear and conspicuous statement which advises the debtor that the agreement may be rescinded at any time prior to discharge or within sixty days after such agreement is filed with the court, whichever occurs later, by giving notice of rescission to the holder of such claim; "(3) such agreement has been filed with the court and, if applicable, accompanied by a declaration or an affidavit of the attorney that represented the debtor during the course of negotiating an agreement under this subsection, which states that such agreement— "(A) represents a fully informed and voluntary agreement by the debtor; and "(B) does not impose an undue hardship on the debtor or a dependent of the debtor; "(4) the debtor has not rescinded such agreement at any time prior to discharge or within sixty days after such agreement is filed with the court, whichever occurs later, by giving notice of recission to the holder of such claim;" and (4) by amending paragraph (6), as so redesignated, to read as follows: "(6)(A) in a case concerning an individual who was not represented by an attorney during the course of negotiating an agreement under this subsection, the court approves such agreement as— "(i) not imposing an undue hardship on the debtor or a dependent of the debtor; and (ii) in the best interest of the debtor. "(B) Subparagraph (A) shall not apply to the extent that such debt is a consumer debt secured by real property.". (c) Section 524(d)(2) of title 11, United States Code, is amended by striking out "subsection (c)(4)" and inserting in lieu thereof "subsection (c)(6)". (d) Section 524 of title 11, United States Code, is amended by adding at the end thereof the following new subsection: "(f) Nothing contained in subsection (c) or (d) of this section prevents a debtor from voluntarily repaying any debt.". SEC. 309. Section 525 of title 11, United States Code, is amended— (1) by inserting "(a)" before "Except",

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