Page:United States Statutes at Large Volume 98 Part 1.djvu/405

 PUBLIC LAW 98-353—JULY 10, 1984

98 STAT. 357

SEC. 318. (a) Section 1326 of title 11, United States Code, is amended— (1) by redesignating subsections (a) and (b) as subsections (b) and (c), respectively, and (2) by inserting before such subsections the following new subsection: "(a)(1) Unless the court orders otherwise, the debtor shall commence making the payments proposed by a plan within 30 days after the plan is filed. "(2) A payment made under this subsection shall be retained by the trustee until confirmation or denial of confirmation of a plan. If a plan is confirmed, the trustee shall distribute any such payment in accordance with the plan. If a plan is not confirmed, the trustee shall return any such payments to the debtor, after deducting any unpaid claim allowed under section 503(b) of this title.". (b) Section 15103(f) of title 11, United States Code, is amended by striking out "1326(a)," and inserting in lieu thereof "13260)),". SEC. 319. Section 1329(a) of title 11, United States Code, is amended by striking out "At" and all that follows through "modifled to—", and inserting in lieu thereof the following: "At any time after confirmation but before the completion of payments under a plan, the plan may be modified, upon request of the debtor, the trustee, or the holder of an allowed unsecured claim, to—". SEC. 320. The Supreme Court shall prescribe general rules imple- Supreme Court menting the practice and procedure to be followed under section ooVflr 28 u s 707(b) of title 11, United States Code. Section 2075 of title 28, United note.' e 2075 States Code, shall apply with respect to the general rules prescribed Ante, p. 355. under this section. SEC. 321. Rule 2002 of the Bankruptcy Rules is amended by adding il USC app. at the end thereof the following new subdivision: "(n) In a voluntary case commenced under the Code by an individual debtor whose debts are primarily consumer debts, the clerk, or some other person as the court may direct, shall give the trustee and - -> • all creditors notice by mail of the order for relief not more than 20 days after the entry of such order.". SEC. 322. Official Bankruptcy Form No. 1, referred to in Rule 1002 of the Bankruptcy Rules, is amended— il USC app. (1) by inserting after paragraph (5) the following: "(6) [If petitioner is an individual whose debts are primarily consumer debts.] Petitioner is aware that [he or she] may proceed under chapter 7 or 13 of title 11, United States Code, n USC 701 et understands the relief available under each such chapter, and ^^^ • ^^^^ ^^ ^^^ chooses to proceed under chapter 7 of such title. "(7) [If petitioner is an individual whose debts are primarily consumer debts and such petitioner is represented by an attorney.] A declaration or an affidavit in the form of Exhibit 'B' is attached to and made a part of this petition.", and (2) by inserting after Exhibit "A" at the end thereof the following new exhibit: "EXHIBIT ' B '

"[If petitioner is an individual whose debts are primarily consumer debts, this Exhibit 'B' shall be completed and attached to the petition pursuant to paragraph (7) thereof.]

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