Page:United States Statutes at Large Volume 104 Part 6.djvu/548

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104 STAT. 4938 PUBLIC LAW 101-647—NOV. 29, 1990 entitled to recover a surcharge of 10 percent of the amount of the debt in connection with the recovery of the debt, to cover the cost of processing and handling the litigation and enforcement under this chapter of the claim for such debt. "(b) LIMITATION.— Subsection (a) shall not apply if— "(1) the United States receives an attorney's fee in connection with the enforcement of the claim; or "(2) the law pursuant to which the action on the claim is based provides any other amount to cover such costs. "§ 3012. Joinder of additional defendant "The United States or the debtor may join as an additional defendant in an action or proceeding under this chapter any person reasonably believed to owe money (including money owed on account of a requirement to provide goods or services pursuant to a loan or loan guarantee extended under Federal law) to the debtor arising out of the transaction or occurrence giving rise to a debt. "§ 3013. Modincation or protective order; supervision of enforcement "The court may at any time on its own initiative or the motion of any interested person, and after such notice as it may require, make an order denying, limiting, conditioning, regulating, extending, or modifying the use of any enforcement procedure under this chapter. "§ 3014. Exempt property "(a) ELECTION TO EXEMPT PROPERTY. —An individual debtor may, in an action or proceeding under this chapter, elect to exempt property listed in either paragraph (1) or, in the alternative, paragraph (2). If such action or proceeding is against debtors who are husband and wife, one debtor may not elect to exempt property listed in paragraph (1) and the other debtor elect to exempt property listed in paragraph (2). If the debtors cannot agree on the alternative to be elected, they shall be deemed to elect paragraph (1). Such property is either— "(1) property that is specified in section 522(d) of title 11, as amended from time to time; or "(2)(A) any property that is exempt under Federal law, other than paragraph (1), or State or local law that is applicable on the date of the filing of the application for a remedy under this chapter at the place in which the debtor's domicile has been located for the 180 days immediately preceding the date of the filing of such application, or for a longer portion of such 180-day period than in any other place; and "(B) any interest in property in which the debtor had, immediately before the filing of such application, an interest as a tenant by the entirety or joint tenant, or an interest in a community estate, to the extent that such interest is exempt from process under applicable nonbankruptcy law. "(b) EFFECT ON ASSERTION AND MANNER OF DETERMINATION. — "(1) STATEMENT. — A court may order the debtor to file a statement with regard to any claimed exemption. A copy of such statement shall be served on counsel for the United States. Such statement shall be under oath and shall describe each item of property for which exemption is claimed, the value and the basis for such valuation, and the nature of the debtor's ownership interest.