Page:United States Statutes at Large Volume 108 Part 5.djvu/648

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108 STAT. 4138 PUBLIC LAW 103-394—OCT. 22, 1994 "(A) permits a person to voluntarily waive a right to claim exemptions under subsection (d) or prohibits a debtor from claiming exemptions under subsection (d); and "(B) either permits the debtor to claim exemptions under State law without limitation in amount, except to the extent that the debtor has permitted the fixing of a consensual lien on any property or prohibits avoidance of a consensual lien on property otherwise eligible to be claimed as exempt property; the debtor may not avoid the fixing of a lien on an interest of the debtor or a dependent of the debtor in property if the lien is a nonpossessory, nonpurchase-money security interest in implements, professional books, or tools of the trade of the debtor or a dependent of the debtor or farm animals or crops of the debtor or a dependent of the debtor to the extent the value of such implements, professional books, tools of the trade, animals, and crops exceeds $5,000.". SEC, 311. CONVERSION OF CASE UNDER CHAPTER 13. Section 348 of title 11, United States Code, is amended by adding at the end the following: "(f)(1) Except as provided in paragraph (2), when a case under chapter 13 of this title is converted to a case under another chapter under this title— "(A) property of the estate in the converted case shall consist of property of the estate, as of the date of filing of the petition, that remains in the possession of or is under the control of the debtor on the date of conversion; and "(B) valuations of property and of allowed secured claims in the chapter 13 case shall apply in the converted case, with allowed secured claims reduced to the extent that they have been paid in accordance with the chapter 13 plan. "(2) If the debtor converts a case under chapter 13 of this title to a case under another chapter under this title in bad faith, the property in the converted case shall consist of the property of the estate as of the date of conversion.". SEC. 312. BANKRUPTCY FRAUD. (a) IN GENERAL. — (1) OFFENSES. —Chapter 9 of title 18, United States Code, is amended— (A) by amending sections 152, 153, and 154 to read as follows:

    • § 152. Concealment of assets; false oaths and claims; bribery

"A person who— "(1) knowingly and fraudulently conceals from a custodian, trustee, marshal, or other officer of the court charged with the control or custody of property, or, in connection with a case under title 11, from creditors or the United States Trustee, any property belonging to the estate of a debtor; "(2) knowingly and fraudulently makes a false oath or account in or in relation to any case under title 11; "(3) knowingly and fraudulently makes a false declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, in or in relation to any case under title 11; "(4) knowingly and fraudulently presents any false claim for proof against the estate of a debtor, or uses any such