A bill to amend title 11, United States Code, to provide for increased education funding, and for other purposes.
Investment in Education Act of 1997 - Amends Federal bankruptcy law with respect to distribution of estate property (or property proceeds) subject to an unavoidable lien securing an allowed claim for a tax. Specifies that such an unavoidable lien does not include a properly perfected unavoidable tax lien arising in connection with an ad valorem tax on the estate property (thus exempting the holder of such a tax lien from subordination to other claimants according to the established distribution schedule).
Declares that administrative expenses entitled to first priority payment from a debtor's estate (other than claims for wages, salaries or commissions arising after the filing of a petition for relief from debt) shall be limited to expenses incurred under Chapter 7 (Liquidation) and shall not include expenses incurred under Chapter 11 (Reorganization).
Requires the bankruptcy trustee, before subordinating a tax lien on real or personal property of the estate, to: (1) exhaust the estate's unencumbered assets; and (2) recover from property securing an allowed secured claim the reasonable, necessary expenses of preserving or disposing of that property.
Provides that claims for wages, salaries, and commissions entitled to distribution priority, including claims for contributions to an employee benefit plan entitled to fourth priority, may be paid from property of the estate which secures a tax lien or the proceeds from such property.
Prohibits the bankruptcy court from determining the amount or legality of any tax, related fine or penalty, or any addition to tax arising in connection with an ad valorem tax on real or personal property of the estate if the applicable period for contesting or redetermining that amount has expired under any law other than a bankruptcy law.
Declares exempt property liable for debts with respect to a court order for child and spouse support, as well as certain taxes and customs duties.
Introduced in Senate
Sponsor introductory remarks on measure. (CR S8827-8828)
Read twice and referred to the Committee on Judiciary.
Star Print ordered on the bill.
Committee on Judiciary. Reported to Senate by Senator Hatch with an amendment in the nature of a substitute. Without written report.
Committee on Judiciary. Reported to Senate by Senator Hatch with an amendment in the nature of a substitute. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 205.
Committee on Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
Measure laid before Senate by unanimous consent. (consideration: CR S11499)
The committee substitute agreed to by Unanimous Consent.
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
Passed Senate with an amendment by Unanimous Consent.
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Received in the House.
Message on Senate action sent to the House.
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Commercial and Administrative Law.