PUBLIC LAW 109–8—APR. 20, 2005
119 STAT. 81
‘‘(13A) ‘debtor’s principal residence’— ‘‘(A) means a residential structure, including incidental property, without regard to whether that structure is attached to real property; and ‘‘(B) includes an individual condominium or cooperative unit, a mobile or manufactured home, or trailer;’’; and (2) by inserting after paragraph (27), the following: ‘‘(27A) ‘incidental property’ means, with respect to a debtor’s principal residence— ‘‘(A) property commonly conveyed with a principal residence in the area where the real property is located; ‘‘(B) all easements, rights, appurtenances, fixtures, rents, royalties, mineral rights, oil or gas rights or profits, water rights, escrow funds, or insurance proceeds; and ‘‘(C) all replacements or additions;’’. SEC. 307. DOMICILIARY REQUIREMENTS FOR EXEMPTIONS.
Section 522(b)(3) of title 11, United States Code, as so designated by section 106, is amended— (1) in subparagraph (A)— (A) by striking ‘‘180 days’’ and inserting ‘‘730 days’’; and (B) by striking ‘‘, or for a longer portion of such 180day period than in any other place’’ and inserting ‘‘or if the debtor’s domicile has not been located at a single State for such 730-day period, the place in which the debtor’s domicile was located for 180 days immediately preceding the 730-day period or for a longer portion of such 180-day period than in any other place’’; and (2) by adding at the end the following: ‘‘If the effect of the domiciliary requirement under subparagraph (A) is to render the debtor ineligible for any exemption, the debtor may elect to exempt property that is specified under subsection (d).’’. SEC. 308. REDUCTION OF HOMESTEAD EXEMPTION FOR FRAUD.
Section 522 of title 11, United States Code, as amended by section 224, is amended— (1) in subsection (b)(3)(A), as so designated by this Act, by inserting ‘‘subject to subsections (o) and (p),’’ before ‘‘any property’’; and (2) by adding at the end the following: ‘‘(o) For purposes of subsection (b)(3)(A), and notwithstanding subsection (a), the value of an interest in— ‘‘(1) real or personal property that the debtor or a dependent of the debtor uses as a residence; ‘‘(2) a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence; ‘‘(3) a burial plot for the debtor or a dependent of the debtor; or ‘‘(4) real or personal property that the debtor or a dependent of the debtor claims as a homestead; shall be reduced to the extent that such value is attributable to any portion of any property that the debtor disposed of in the 10-year period ending on the date of the filing of the petition with the intent to hinder, delay, or defraud a creditor and that the debtor could not exempt, or that portion that the debtor could
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