Limits on Discharge in Bankruptcy Not Codified in the Bankruptcy Code, Title 11, United States Code
Congressional research reportMar 24, 2010
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Limits on Discharge in Bankruptcy Not
Codified in the Bankruptcy Code, Title 11,
United States Code
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Legislative Attorney
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Law Librarian
March 24, 2010
Congressional Research Service
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www.crs.gov
R41148
CRS Report for Congress
Prepared for Members and Committees of Congress
Limits on Discharge in Bankruptcy Not Codified in the Bankruptcy Code
Summary
Article I, Section 8, clause 5 of the U.S. Constitution gives Congress the power to enact “uniform
Laws on the subject of Bankruptcies throughout the United States.” Bankruptcy is a method
through which financially troubled debtors can receive relief from financial pressures by
discharging some or all of their debts under procedures designed to provide some protection to
both debtors and creditors. Bankruptcy is often said to provide debtors with a “fresh start,”
eliminating their debts and allowing them to move forward. However, some debts cannot be
discharged in bankruptcy. To the extent that debts cannot be discharged, debtors may be hindered
in their quest for a fresh start. Although Section 523 of the United States Bankruptcy Code (Title
11 of the U.S. Code) provides an extensive list of debts that cannot be discharged in bankruptcy,
there are other debts whose discharge in bankruptcy is either limited or prohibited under
legislation not codified in Title 11 of the United States Code.
This report provides a table of statutory limitations on discharge in bankruptcy that are not
included in the Bankruptcy Code. Many of the limitations prohibit discharge of the obligation
when the bankruptcy discharge order is entered into within a particular time period (frequently
five years) after an event that triggered the repayment obligation, with many of them including
the further condition that the court must also find that it would be unconscionable to not discharge
the debt. However, four provisions prohibit discharge in bankruptcy at any time. Although most
limitations and outright prohibitions on discharge in bankruptcy involve debts owed to the United
States, support obligations that have been assigned to a state or municipality are debts whose
discharge is completely prohibited.
In the 111th Congress, at least two bills have been introduced that include limitations on discharge
of debts in bankruptcy but do not amend the Bankruptcy Code to include those limits. H.R. 3962,
the Affordable Health Care for America Act, proposed amending the Indian Health Care
Improvement Act (25 U.S.C. 1601 et seq.). H.R. 4364, the Citizen Participation Act of 2009,
would prohibit discharge in bankruptcy for certain court-awarded fees or costs. Although the bill
refers to both Section 523 and Section 1328, it does not provide that either be amended.
Congressional Research Service
Limits on Discharge in Bankruptcy Not Codified in the Bankruptcy Code
Contents
Introduction ................................................................................................................................1
111th Congress.............................................................................................................................1
General Nature of Provisions Limiting Discharge in Bankruptcy .................................................2
Data Collection ...........................................................................................................................2
Guide to the Table.......................................................................................................................3
Tables
Table 1. Limitations on Discharge in Bankruptcy Found Outside of Title 11 U.S.C......................4
Contacts
Author Contact Information ...................................................................................................... 21
Congressional Research Service
Limits on Discharge in Bankruptcy Not Codified in the Bankruptcy Code
Introduction
Article I, Section 8, clause 5 of the U.S. Constitution gives Congress the power to enact “uniform
Laws on the subject of Bankruptcies throughout the United States.” Generally, these laws are
codified in Title 11 of the U.S. Code (Bankruptcy Code). Bankruptcy is a method through which
financially troubled debtors can receive relief from financial pressures by discharging some or all
of their debts under procedures designed to provide some protection to both debtors and creditors.
Bankruptcy is often said to provide debtors with a “fresh start,” eliminating their debts and
allowing them to move forward. However, some debts cannot be discharged in bankruptcy. To the
extent that debts cannot be discharged, debtors may be hindered in their quest for a fresh start.
Although Section 523 of the Bankruptcy Code provides an extensive list of debts that cannot be
discharged in bankruptcy, there are other debts whose discharge in bankruptcy is either limited or
prohibited under legislation not codified in Title 11 of the United States Code.
Some concern has been expressed that confusion may result from these exceptions to discharge
being found only outside of the Bankruptcy Code. It would seem that bankruptcy attorneys and
judges, as well as Members of Congress, might reasonably expect to find all limitations on
discharge in bankruptcy in the Bankruptcy Code. This report may provide some assistance by
identifying those debts whose discharge in bankruptcy is limited but for which no limitation is
specified in the Bankruptcy Code.
111th Congress
Two bills introduced in the 111th Congress that do not propose to amend the Bankruptcy Code but
would limit the dischargeability of certain debts in bankruptcy.
The first, H.R. 3962, the Affordable Health Care for America Act, would amend the Indian Health
Care Improvement Act (25 U.S.C. § 1601 et seq.). In so doing, it would leave unchanged the
limitations on discharge in bankruptcy that already exist under that act and would not amend the
Bankruptcy Code to include those limitations. The limitations pertain to obligations to repay
Indian Health Scholarships1 and obligations to pay damages under the Indian Health Service
Loan Repayment Program.2
H.R. 4364, the Citizen Participation Act of 2009, would make certain court-awarded fees or costs
ineligible for discharge in bankruptcy under both Sections 523 and 1328 of the Bankruptcy
Code. 3 Among the fees and costs excluded from discharge would be those awarded as the result
of prosecution of any claim that was finally dismissed pursuant to the act. Additionally, where
subpoenas or discovery requests were quashed pursuant to the act, any resultant award of fees or
costs could not be discharged. The bill includes no specific provision to amend the Bankruptcy
Code.
1
The limitation is codified at 25 U.S.C. § 1613a(b)(5)(F).
The limitation is codified at 25 U.S.C. § 1616a(m)(4).
3
H.R. 4364 § 9.
2
Congressional Research Service
1
Limits on Discharge in Bankruptcy Not Codified in the Bankruptcy Code
General Nature of Provisions Limiting Discharge in
Bankruptcy
Debts owed to the United States are the subject of nearly all of the limitations and outright
prohibitions on discharge in bankruptcy found outside of the Bankruptcy Code. One exception to
this general rule is support obligations that have been assigned to a state or municipality.
Prohibiting discharge within a five-year period is a common, though not universal, provision in
these extra-Title 11 limitations on discharge in bankruptcy. However, two provisions for the
Public Health Service (Title 42), which originally prohibited discharge in bankruptcy within a
five-year period, have been changed to extend the prohibition for two additional years. While
allowing discharge after the prescribed time has passed, the time-related provisions frequently
limit such subsequent discharge to cases in which the court has found that nondischarge of the
debt would be unconscionable.
Most of the extra-Title 11 provisions limit rather than prohibit discharge in bankruptcy. However,
four of the provisions completely prohibit discharge in bankruptcy. These are 20 U.S.C. §
6674(f)(1)(C)(3), which pertains to the Troops-to-Teachers Program; 42 U.S.C. § 656(b), which
pertains to support obligations that have been assigned to a state or municipality; 47 U.S.C. §
1104(p), which pertains to debt owed to the United States as a result of loan guarantees for local
television through the Rural Utilities Service; and 50 U.S.C. app. § 547(b)(3), which pertains to
debts owed to the United States as a result of life insurance premiums and interest guaranteed by
the United States.
In 2006, a number of the identified provisions that relate to military pay were changed to
reference the repayment provisions of 37 U.S.C. § 303a(e). This subsection reads as follows:
An obligation to repay United States under this subsection is, for all purposes, a debt owed
the United States. A discharge in bankruptcy under title 11 does not discharge a person from
such debt if the discharge order is entered less than five years after (A) the date of the
termination of the agreement or contract on which the debt is based; or (B) in the absence of
such an agreement or contract, the date of the termination of the service on which the debt is
based.
Data Collection
Table 1 lists provisions that are not codified in the Bankruptcy Code but that nonetheless limit or
prohibit discharge of debts in bankruptcy. The table was compiled through a series of searches
using both Lexis-Nexis and Westlaw. The initial search was broad, using “bankruptcy or ‘title
11’” as the search parameters in the Lexis-Nexis version of the U.S. Code. This search produced
2,235 results, the majority of which were within Title 11. Initially, it appeared that all provisions
outside the Bankruptcy Code were related to either the military or intelligence communities.
Titles 10 (Armed Forces), 14 (Coast Guard), 32 (National Guard), 37 (Pay and Allowances of the
Uniformed Services), 38 (Veterans’ Benefits), 42 (The Public Health and Welfare) and 50 (War
and National Defense) were identified as the titles most likely to include such provisions;
therefore the initial results were focused to search only those titles. Reviewing those results
identified specific language pertaining to the effect of bankruptcy on particular types of
indebtedness. Three more focused searches were performed and revealed ten additional
Congressional Research Service
2
Limits on Discharge in Bankruptcy Not Codified in the Bankruptcy Code
provisions outside the Bankruptcy Code. Five were found using “bankruptcy or ‘title 11’ and
discharge w/s ‘not release’”; four were found using “bankruptcy or ‘title 11’ w/s nondischarge”;
one was found using “bankruptcy or ‘title 11’ w/s released w/s ‘no obligation.’” These searches
produced results in three additional titles of the U.S. Code: Titles 20 (Education), 25 (Indians),
and 47 (Telegraphs, Telephones, and Radiotelegraphs).
These search strategies revealed 53 instances outside of title 11 in which the U.S. Code limits the
effect of bankruptcy on discharge of indebtedness. Each of these is identified in Table 1. There
may be other provisions that use different terms and, therefore, were not found by the searches.
Guide to the Table
Generally, the provisions are listed in the numerical order of the title and section in which the
provision is currently found. If a section was later redesignated as a different section number, the
entry in the “code section” column includes both the original section number and the redesignated
section number.
The first two columns of the table list the original title and code section for each provision. These
are followed by the public law in which the provision was enacted and the enactment date. In
some cases, the discharge limitation was included in legislation that added an entire code section.
In others, the subsection limiting discharge was added at a later date. The “Date of Enactment”
column indicates the date when the discharge limitation was added to the code. The “Comments”
column shows the date when the code section itself was added. The existence of previous,
unrelated code sections that bore the same number is noted in the “Comments” column as well.
The original language limiting discharge in bankruptcy is provided in the “Specific Language”
column, even when that language has been changed by later legislation. Those changes are noted
in the “Comments” column.
The subject of the relevant code section is noted at the beginning of each entry in the “Specific
Language” column. Generally these notations are in brackets and are taken from either the United
States Code Service or the United States Code Annotated—capitalization used is as provided in
the online versions of those publications. Descriptions that do not come directly from those
publications are enclosed in braces—{ }.
Congressional Research Service
3
Table 1. Limitations on Discharge in Bankruptcy Found Outside of Title 11 U.S.C.
Title
10
Code Section
510(i)(4)
Public Law
Date of
Enactment
P.L. 107-314,
§ 531(a)(1)
12/2/02
Specific Language
Comments
[Enlistment incentives for pursuit of skills to facilitate
national service] “A discharge in bankruptcy under
title 11 that is entered into less than five years after
the termination of an agreement entered into under
subsection (b) does not discharge the person signing
the agreement from a debt arising under the
agreement.... ”
10 U.S.C. § 510 was added 12/2/2002.
P.L. 109-163 (1/6/06) replaced this subsection (i)
with a new subsection (i), making recipients “subject
to the repayment provisions of section 303a(e) of
title 37.”
10
511(e)(3)
P.L. 108-375,
§ 551(a)(1)
10/28/04
[College First Program] “A discharge in bankruptcy
under title 11 that is entered into less than five years
after the date on which the person was, or was to be,
enlisted in the regular Army pursuant to the delayed
entry authority ... does not discharge that person
from a debt arising under paragraph (1).”
10 U.S.C. § 511 was added 10/28/2004.
10
513 note
P.L. 107-107,
§ 542(c)
12/28/01
[Enlistments: Delayed Entry Program] “A discharge in
bankruptcy under title 11 that is entered into less
than five years after the date on which the person
was, or was to be, enlisted in the regular Army
pursuant to the delayed entry authority ... does not
discharge that person from a debt arising under
paragraph (1).”
This is included as a note and pertains to the Army
College First pilot program, which was established
in P.L. 106-65, § 573 (10/5/1999).
10
2005(d)
P.L. 96-357,
§ 2(a)
9/24/80
[Advanced education assistance: active duty
agreement; reimbursement requirements] “A
discharge in bankruptcy under title 11 shall not
release a person from an obligation to reimburse the
United States required under the terms of an
agreement described in subsection (a) if the final
decree of the discharge in bankruptcy was issued
within a period of five years after the last day of a
period which such person had agreed to serve on
active duty.”
10 U.S.C. § 2005 was added 09/24/1980.
CRS-4
P.L. 109-163 (1/6/06) replaced this subsection (d)
with a new subsection (c), making recipients
“subject to the repayment provisions of section
303a(e) of title 37 ... without the Secretary first
ordering such person to active duty as provided for
under subsection (a)(2) and sections 2107(f) and
2107a(f) of this title.”
Title
10
Code Section
2130a(d)(3)
Public Law
Date of
Enactment
P.L. 101-189,
§ 707(a)
11/29/89
Specific Language
Comments
[Financial assistance: nurse officer candidates] “A
discharge in bankruptcy under title 11 that is entered
less than five years after the termination of an
agreement under this section does not discharge the
person signing such agreement from a debt arising
under such agreement or this subsection.”
10 U.S.C. § 2130a was added 11/29/1989.
P.L. 109-163 (1/6/06) replaced this subsection (d)
with a new subsection (d), which reads:
“Repayment. A person who does not complete a
nursing degree program in which the person is
enrolled in accordance with the agreement entered
into under subsection (a), or having completed the
nursing degree program, does not become an
officer in the Nurse Corps of the Army or the Navy
or an officer designated as a nurse officer of the Air
Force or commissioned corps of the Public Health
Service or does not complete the period of
obligated active service required under the
agreement, shall be subject to the repayment
provisions of section 303a(e) of title 37.”
10
2192a(e)(4)
P.L. 109-163,
§ 1104(d)(1)
1/6/06
[Finance, Mathematics, and Research For
Transformation (SMART) Defense Education
Program] “A discharge in bankruptcy under title 11,
United States Code, that is entered less than five
years after the termination of an agreement under
this section does not discharge the person signing
such agreement from a debt arising under such
agreement or under this subsection.”
10 U.S.C. § 2192a was added 01/6/2006. This
language was previously included in a note to 10
U.S.C. § 2192, which was added by P.L. 108-375, §
1105 (11/28/04).
10
2200a
P.L. 106-398,
§1
10/30/00
[Scholarship program] “Effect of discharge in
bankruptcy. A discharge in bankruptcy under title 11
that is entered less than five years after the
termination of an agreement under this section does
not discharge the person signing such agreement
from a debt arising under such agreement or under
subsection (e).”
10 U.S.C. § 2200a was added 10/30/2000.
CRS-5
P.L. 109-163, § 687(c)(8) deleted this subsection and
added a new subsection (e): “(1) A member of an
armed force who does not complete the period of
active duty specified in the service agreement under
section (b) shall be subject to the repayment
provisions of section 303a(e) of title 37. (2) A
civilian employee of the Department of Defense
who voluntarily terminates service before the end
of the period of obligated service required under an
agreement entered into under subsection (b) shall
be subject to the repayment provisions of section
303a(e) of title 37 in the same manner and to the
same extent as if the civilian employee were a
member of the armed forces.”
Title
10
Code Section
16135(c)(2)
Public Law
Date of
Enactment
P.L. 107-314,
§ 642
12/2/02
Specific Language
Comments
[Failure to participate satisfactorily; penalties
{Selected Reserve members}] “A discharge in
bankruptcy under title 11 that is entered less than
five years after the termination of an enlistment or
other agreement under this section does not
discharge the person signing such enlistment or other
agreement from a debt arising under the enlistment
or agreement, respectively, under this subsection.”
10 U.S.C. § 16135 was added 7/30/1977.
P.L. 109-163, § 687(c)(12) replaced the entire
section with one that included the repayment
provisions of 37 U.S.C. § 303a(e).
14
709a(g)(3)
P.L. 107-295,
§ 413(a)
11/25/02
[Reserve student pre-commissioning assistance
program {Coast Guard Reserve}] “A discharge in
bankruptcy under title 11 that is entered less than 5
years after the termination of a written agreement
entered into under subsection (b) does not discharge
the individual signing the agreement from a debt
arising under such agreement or under paragraph
(1).”
14 U.S.C. § 709a was added 11/25/2002.
20
6674(f)(1)(C)(3)
P.L. 107-201,
§ 201
1/8/02
[Participation agreement and financial assistance
{Troops-to-Teachers Program}] “The obligation to
reimburse the Secretary under this subsection is, for
all purposes, a debt owing the United States. A
discharge in bankruptcy under title 11, United States
Code, shall not release a participant from the
obligation to reimburse the Secretary under this
subsection.”
A previous § 6674, related to partnership plans,
existed before P.L. 107-110’s revisions in 2002.
25
1613a(b)(5)(F)
P.L. 104-313,
§ 2(b)
11/19/96
[Indian health professions scholarships]
“Notwithstanding any other provision of law, with
respect to a recipient of an Indian Health Scholarship,
no obligation for payment may be released by a
discharge in bankruptcy under title 11, United States
Code, unless that discharge is granted after the
expiration of the 5-year period beginning on the
initial date on which that payment is due, and only if
the bankruptcy court finds that the nondischarge of
the obligation would be unconscionable.”
25 U.S.C. § 1613a was added 9/30/76.
CRS-6
Title
Code Section
Public Law
Date of
Enactment
Specific Language
Comments
25
1616a(m)(4)
P.L. 100-713,
§ 108
11/23/88
[Indian Health Service Loan Repayment Program]
“Any obligation of an individual under the Loan
Repayment Program for payment of damages may be
released by a discharge in bankruptcy under title 11
of the United States Code, and only if such discharge
is granted after the expiration of the 5-year period
beginning on the first date that payment of such
damages is required, and only if the bankruptcy court
finds that nondischarge of the obligation would be
unconscionable.”
25 U.S.C. § 1616a was added 9/30/1976.
37
301b(d)(3)
P.L. 100-456,
§ 611
9/29/88
[Special pay: aviation career officers extending period
of active duty] “A discharge in bankruptcy under title
11, United States Code, that is entered less than 5
years after the termination of an agreement under
this section does not discharge the member signing
such agreement from a debt arising under such
agreement or under paragraph (1). This paragraph
applies to any case commenced under title 11, United
States Code, after January 1, 1989.”
37 U.S.C. § 301b was added 9/8/1980.
[Multiyear retention bonus: medical officers of the
armed forces] “A discharge in bankruptcy under title
11, United States Code, that is entered less than five
years after the termination of an agreement under
this section does not discharge the member signing
such agreement from a debt arising under such
agreement or under paragraph (1).”
37 U.S.C. § 301d was added 11/5/1990.
[Multiyear retention bonus: dental officers of the
armed forces] “A discharge in bankruptcy under title
11, United States Code, that is entered less than five
years after the termination of an agreement under
this section does not discharge the member signing
such agreement from a debt arising under such
agreement or under paragraph (1).”
37 U.S.C. § 301e was added 11/18/1997.
37
37
CRS-7
301d(c)(3)
301e(d)(3)
P.L. 101-510,
§ 611(a)(1)
11/5/90
P.L. 105-85,
§ 617(a)
11/18/97
P.L. 101-189, § 632(a) redesignated subsection (d) as
(g). (11/29/89)
P.L. 106-65, § 615(f) struck out last sentence, “this
paragraph applies… January 1, 1989.” (10/5/99) P.L.
109-163, § 687(b)(1) rewrote subsection (g): “An
officer who does not complete the period of active
duty specified in the agreement entered into under
subsection (a), shall be subject to the repayment
provisions of section 303(a)(e) of this title.” (1/6/06)
P.L. 109-163, § 687(b)(2) rewrote subsection (c):
“An officer who does not complete the period of
active duty specified in the agreement entered into
under subsection (a), shall be subject to the
repayment provisions of section 303(a)(e) of this
title.” (1/6/06)
P.L. 109-163, § 687(b)(3) rewrote subsection (d):
“An officer who does not complete the period of
active duty specified in the agreement entered into
under subsection (a), shall be subject to the
repayment provisions of section 303(a)(e) of this
title.” (1/6/06)
Title
37
37
37
CRS-8
Code Section
302(i)
302b(f)
302d(d)(4)
Public Law
Date of
Enactment
P.L. 99-145,
§ 640
11/8/85
P.L. 99-145,
§ 639(a)
11/8/85
P.L. 101-189,
§ 705(a)(1)
11/29/89
Specific Language
Comments
[Special pay: medical officers of the armed forces] “A
discharge in bankruptcy under title 11 that is entered
less than 5 years after the termination of an
agreement under this section does not discharge the
person signing such agreement from a debt arising
under such agreement or under subsection (c)(2) or
(f).”
37 U.S.C. § 302 was added 9/7/1962.
[Special pay: dental officers of the armed forces] “A
discharge in bankruptcy under title 11 shall not
release a person from an obligation to reimburse the
United States required under the terms of an
agreement described in subsection (b) if the final
decree of the discharge in bankruptcy was issued
within the period of five years after the last day of the
period which such person had agreed to serve on
active duty.”
37 U.S.C. § 302b was added 5/6/1974.
[Special pay: accession bonus for registered nurses]
“A discharge in bankruptcy under title 11 that is
entered less than five years after the termination of
an amend under this section does not discharge the
person signing such agreement from a debt arising
under such agreement or this subsection.”
37 U.S.C. § 302d was added 11/29/1989.
P.L. 100-456, § 612 established the “medical officer
retention bonus.” Its provisions were included as a
note to 37 U.S.C. § 302. Subsection (e)(3), provides
“A discharge in bankruptcy under title 11, United
States Code, that is entered less than 5 years after
the termination of an agreement under this section
does not discharge the person signing such
agreement from a debt arising under such
agreement or under paragraph (1) [subsection (e)].
This paragraph applies to any case commenced
under title 11, United States Code, after January 1,
1989.”
P.L. 109-163, § 687(b)(6)(C) struck 37 U.S.C.
§ 302b(f). Subsection 687(b)(6)(B) of that law
rewrote 37 U.S.C. § 302b(e): “An officer who does
not complete the period of active duty referred to
in subsection (b) shall be subject to the repayment
provisions of section 303(a)(e) of this title.” (1/6/06)
P.L. 109-163, § 687(b)(7) amended 37 U.S.C.
§ 302d(d) to read, “An officer who does not
become and remain licensed as a registered nurse
during the period for which the payment is made, or
who does not complete the period of active duty
specified in the agreement entered into under
subsection (a) shall be subject to the repayment
provisions of section 303a(e) of this title.”
Title
37
37
37
37
CRS-9
Code Section
302e(e)(3)
302g(e)
302h(d)(4)
302j(e)(4)
Public Law
Date of
Enactment
P.L. 101-189,
§ 706(a)(1)
11/29/89
P.L. 104-106,
§ 614(a)
2/10/96
P.L. 104-201,
§ 615(c)(1)
9/23/96
P.L. 106-398,
§1
10/30/00
Specific Language
Comments
[Special pay: nurse anesthetists] “A discharge in
bankruptcy under title 11 that is entered less than
five years after the termination of an agreement
under this section does not discharge the person
signing such agreement from a debt arising under
such agreement or this subsection.”
37 U.S.C. § 302e was added 11/29/89.
[Special pay: Selected Reserve health care
professionals in critically short wartime specialties]
“A discharge in bankruptcy under title 11 that is
entered less than five years after the termination of
an agreement under this section does not discharge
the person receiving special pay under the agreement
from the debt arising under the agreement.”
37 U.S.C. § 302g was added 2/10/1996.
[Special pay: accession bonus for dental officers] “A
discharge in bankruptcy under title 11 that is entered
less than five years after the termination of an
agreement under this section does not discharge the
person signing such agreement from a debt arising
under such agreement or the subsection.”
37 U.S.C. § 302h was added 9/23/1986.
[Special pay: accession bonus for pharmacy officers]
“A discharge in bankruptcy under title 11 that is
entered less than 5 years after the termination of an
agreement under this section does not discharge the
person signing such agreement from a debt arising
under such agreement or this subsection.”
37 U.S.C. § 302j was added 10/30/2000.
P.L. 109-163, § 687(b)(8) amended 37 U.S.C.
§ 302e(e) to read, “An officer who does not
complete the period of active duty specified in the
agreement entered into under subsection (a) shall
be subject to the repayment provisions of section
303a(e) of this title.”
P.L. 109-163, § 687(b)(10)(A) struck 37 U.S.C.
§ 302g(e). Subsection 687(b)(10)(B) of that law
amended 37 U.S.C. § 302g(d) to read, “An officer
who does not complete the period of service in the
Selected Reserve specified in the agreement entered
into under subsection (a) shall be subject to the
repayment provisions of section 303a(e) of this
title.”
P.L. 109-163, § 687(b)(11) amended 37 U.S.C.
§ 302h(d) to read, “A person who, after signing an
agreement under subsection (a), is not
commissioned as an officer of the armed forces,
does not become licensed as a dentist, or does not
complete the period of active duty specified in the
agreement shall be subject to the repayment
provisions of section 303a(e) of this title.”
P.L. 109-163, § 687(b)(12) amended 37 U.S.C.
§ 302j(e) to read, “A person who, after signing an
agreement under subsection (a), is not
commissioned as an officer of the armed forces,
does not become and remain certified or licensed as
a pharmacist, or does not complete the period of
active duty specified in the agreement shall be
subject to the repayment provisions of section
303a(e) of this title.”
Title
37
37
37
CRS-10
Code Section
303a(e)(3)
307a(d)(3)
308c(g)(3)
Public Law
Date of
Enactment
P.L. 109-163,
§ 687(a)(1)
1/6/06
P.L. 109-163,
§ 628(c)
1/6/06
P.L. 109-163,
§ 631(a)
1/6/06
Specific Language
Comments
[Special pay: general provisions] “An obligation to
repay the United States under this subsection is, for
all purposes, a debt owed the United States. A
discharge in bankruptcy under title 11 does not
discharge a person from such debt if the discharge
order is entered less than five years after (A) the
date of the termination of the agreement or contract
on which the debt is based; or (B) in the absence of
such an agreement or contract, the date of the
termination of the service on which the debt is
based.”
37 U.S.C. § 303a was added 6/28/1980.
[Special pay: assignment incentive pay] “A discharge
in bankruptcy under title 11 that is entered less than
5 years after the termination of the agreement does
not discharge the member signing the agreement
from a debt arising under paragraph (1).”
37 U.S.C. § 307a was added 12/2/2002.
[Special pay: bonus for affiliation or enlistment in the
Selected Reserve] “An obligation to repay the United
States imposed under paragraph (1) is for all
purposes a debt owed to the United States. A
discharge in bankruptcy under title 11 that is entered
less than five years after the termination of an
agreement entered into under subsection (a) or (c)
does not discharge the individual signing the
agreement from a debt arising under such agreement
or under paragraph (1).”
37 U.S.C. § 308c was added 10/20/1978.
37 U.S.C. § 303a(e)(3) was redesignated
§ 303a(e)(4) by P.L. 111-84 § 617(a).
P.L. 109-163 added 37 U.S.C. § 307a(d)
(redesignating the former subsections (d) - (f) as (e)
- (g). It then, in § 687(b)(13), amended the new
subsection (d) to read, “A member who enters into
an agreement under this section and received
incentive pay under the agreement in a lump sum or
in installments, but who fails to complete the period
of service covered by the payment, whether
voluntarily or because of misconduct, shall be
subject to the repayment provisions of section 303
a(e) of this title.”
P.L. 109-163, § 631(a) amended § 308c to include
subsection (g)(3). Section 687(b)(16) of P.L. 109-163
(the same law) then amended subsection (g) to
read, “A person who enters into an agreement
under subsection (a) or (c) and receives all or part
of the bonus under the agreement, but who does
not commence to serve in the Selected Reserve or
does not satisfactorily participate in the Selected
Reserve for the total period of service specified in
the agreement, shall be subject to the repayment
provisions of section 303a(e) of this title.”
Title
37
37
37
CRS-11
Code Section
308g(f)
308h(e)
308i(g)
Public Law
Date of
Enactment
P.L. 98-94,
§ 1011(a)
9/24/83
P.L. 98-94,
§ 1011(a)
9/24/83
P.L. 99-145,
§ 644(a)(1)
11/8/85
Specific Language
Comments
[Special pay: bonus for enlistment in elements of the
Ready Reserve other than the Selected Reserve] “A
discharge in bankruptcy under title 11 that is entered
less than five years after the termination of an
enlistment for which a bonus was paid under this
section does not discharge the person receiving such
bonus from the debt or rising under subsection (d).”
37 U.S.C. § 308g was added 9/24/1993.
[Special pay: bonus for reenlistment, enlistment, or
voluntary extension of enlistment in elements of the
Ready Reserve other than the Selected Reserve] “A
discharge in bankruptcy under title 11 that is entered
less than five years after the termination of a
reenlistment, enlistment, or extension for which the
bonus was paid under this section does not discharge
the person receiving such bonus payment from the
debt arising under subsection (c).”
37 U.S.C. § 308h was added 9/24/1983.
[Special pay: prior service enlistment bonus] “A
discharge in bankruptcy under title 11 that is entered
less than five years after the termination of an
enlistment for which a bonus was paid under this
section shall not discharge the person receiving such
bonus payment from the debt arising under
subsection (d).”
37 U.S.C. § 308i was added 11/8/1985.
P.L. 109-163 deleted subsections (e) and (f) and
rewrote subsection (d) to read, “A person who
does not serve satisfactorily in the element of the
Ready Reserve in a combat or combat support skill
for the period for which the bonus was paid under
this section shall be subject to the repayment
provisions of section 303a(e) of this title.”
P.L. 109-163 deleted subsections (d) and (e) and
rewrote subsection (c) to read, “A person who
does not complete the period of enlistment or
extension of enlistment for which the bonus was
paid under this section shall be subject to the
repayment provisions of section 303a(e).”
P.L. 105-85, § 622(d)-(e) redesignated subsections
(e)-(g) as paragraphs (2)-(4) of subsection (d) and
substituted “paragraph (1)” for “subsection (g)” in
subsection (4).
P.L. 109-163, § 687(b)(19) amended subsection (d)
to read, “A person who received the bonus
payment under this section and who, during the
period for which the bonus was paid, does not
serve satisfactorily in the element of the Selected
Reserve with respect to which the bonus was paid
shall be subject to the repayment provisions of
section 303a(e) of this title.”
Title
37
37
37
CRS-12
Code Section
308j(g)(3)
309(b)(3)
314(d)(4)
Public Law
Date of
Enactment
P.L. 108-375,
§ 619(a)
10/28/04
P.L. 106-398,
§1
10/30/00
P.L. 105-85,
§ 625(a)(1)
11/18/97
Specific Language
Comments
[Special pay: affiliation bonus for officers in the
Selected Reserve] “An obligation to repay the United
States imposed under paragraph (1) is for all
purposes a debt owed to the United States. A
discharge in bankruptcy under title 11 that is entered
less than five years after the termination of an
agreement entered into under this section does not
discharge a person from a debt arising under an
agreement entered into under this subsection or a
debt arising under paragraph (1).”
37 U.S.C. § 308j was added 10/28/2004.
[Special pay: enlistment bonus] “A discharge in
bankruptcy under title 11 that is entered less than
five years after the termination of an enlistment for
which a bonus was paid under this section does not
discharge the person receiving the bonus from the
debt arising under paragraph (1).”
A previous § 309 was repealed in 1979. This § 309
was added 10/30/2000.
[Special pay or bonus: qualified members extending
duty at designated locations overseas] “A discharge in
bankruptcy under title 11 that is entered less than
five years after the termination of the agreement
does not discharge the member signing the
agreement from a debt arising under the agreement
or under paragraph (1).”
37 U.S.C. § 314 was added 12/23/1980.
P.L. 109-364, § 1071(c)(4) amended subsection (g)
to read, “A person who enters into an agreement
under this section and receives all or part of the
bonus under the agreement, but who does not
exempt the commission or an appointment as an
officer or does not commence to participate or
does not satisfactory participate in any Selected
Reserve for the total period of service specified in
the agreement, shall be subject to the repayment
provisions of section 303a(e) of this title.”
(10/17/2006)
P.L. 109-163, § 687(b)(20) amended subsection (b)
to read, “A member who does not complete the
term of enlistment for which a bonus was paid to
the member under this section, or a member who is
not technically qualified in the skill for which a
bonus was paid to the member under this section,
shall be subject to the repayment provisions of
section 303a(e) of this title.”
P.L. 109-163, § 687(b)(23) amended subsection (d)
to read, “A member who, having entered into a
written agreement to extend the tour of duty for a
period under subsection (a), receives a bonus
payment under subsection (b)(2) for a 12-month
period covered by the agreement and ceases during
that 12-month period to perform the agreed tour of
duty shall be subject to the repayment provisions of
section 303a(e) of this title.”
Title
37
37
37
CRS-13
Code Section
315(c)(4)
316(g)(2)
316(e)(3)
Public Law
P.L. 97-60,
§ 120(a)
Date of
Enactment
10/14/81
P.L. 108-375,
§ 620(a)(1)
10/28/04
P.L. 109-163,
§ 639(c)
1/6/06
Specific Language
Comments
[Special pay: engineering and scientific career
continuation pay] “A discharge in bankruptcy under
title 11 that is entered less than five years after the
termination of an agreement under this section does
not discharge the member signing such agreement
from a debt arising under such agreement or under
paragraph (1) of this subsection.”
37 U.S.C. § 315 was added 10/14/1981.
[Special pay: bonus for members with foreign
language proficiency] “An obligation to repay the
United States imposed under paragraph (1) or
subsection (f)(4) is for all purposes a debt owed to
the United States. A discharge in bankruptcy under
title 11 that is entered for the member less than five
years after the expiration of the certification period
does not discharge the member from a debt arising
under this paragraph.”
37 U.S.C. § 316 was added 11/14/1986.
[Special pay: bonus for members with foreign
language proficiency] “An obligation to repay the
United States imposed under paragraph (1) is for all
purposes a debt owed to the United States. A
discharge in bankruptcy under title 11 that is entered
less than five years after the date on which the
member received the bonus does not discharge the
member from a debt arising under paragraph (1).”
This subsection was substituted for an earlier
subsection (e) [see above].
P.L. 102-25 (1991) deleted “of this subsection”
following “paragraph (1)” in paragraph (4).
P.L. 108-163, § 687(b)(24) amended subsection (c)
to read, “An officer who, having entered into a
written agreement under subsection (b) and having
received all or part of a bonus under this section,
does not complete the period of active duty as
specified in the agreement shall be subject to the
repayment provisions of section 303a(e) of this
title.”
P.L. 109-163, § 639(b)(1) (2006) deleted subsections
(e) and (g), each of which was added to § 316 in
2004. Subsection (d)(4) was amended to substitute
“section 303a(e) of this title” for “subsection (g).”
After adding it, P.L. 109-163, § 687(b)(25) then
rewrote it to read, “A member who receives a
bonus under this section, but who does not satisfy
an eligibility requirement specified in paragraph (1),
(2), (3), or (4) of subsection (a) for the entire
certification period, shall be subject to the
repayment provisions of section 303a(e) of this
title.”
Title
37
37
37
37
CRS-14
Code Section
317(f)(3)
318(h)(3)
319(f)(3)
321(f)(3)
Public Law
Date of
Enactment
P.L. 101-510,
§ 1203(a)(1)
11/5/90
P.L. 106-65,
§ 626(a)(1)
10/5/99
P.L. 106-65,
§ 627(a)(1)
10/5/99
P.L. 106-65,
§ 629(a)(1)
10/5/99
Specific Language
Comments
[Special pay: officers in critical acquisition positions
extending period of active duty] “A discharge in
bankruptcy under title 11 that is entered less than 5
years after the termination of a written agreement
entered into under subsection (a) does not discharge
the officer signing the agreement from a debt arising
under such agreement or under paragraph (1).”
37 U.S.C. § 317 was added 11/5/1990.
[Special pay: special warfare officers extending period
of active duty] “A discharge in bankruptcy under title
11 that is entered less than five years after the
termination of an agreement entered into under
subsection (b) does not discharge the officer signing
the agreement from a debt arising under such
agreement or under paragraph (1).”
37 U.S.C. § 318 was added 10/5/1999.
[Special pay: surface warfare officer continuation pay]
“A discharge in bankruptcy under title 11 that is
entered less than five years after the termination of
an agreement entered into under section (b) does
not discharge the officer signing the agreement of a
debt arising under such agreement or under
paragraph (1).”
37 U.S.C. § 318 was added 10/5/1999.
[Special pay: judge advocate continuation pay] “A
discharge in bankruptcy under title 11 that is entered
less than five years after the termination of an
agreement entered into under section (b) does not
discharge the officer signing the agreement of a debt
arising under such agreement or under paragraph
(1).”
37 U.S.C. § 318 was added 10/5/1999.
P.L. 109-163, § 687(b)(26) rewrote subsection (f) to
read, “An officer who, having entered into a written
agreement under subsection (a) and having received
all or part of a bonus under this section, does not
complete the period of active duty specified in the
agreement shall be subject to the repayment
provisions of section 303a(e) of this title.”
P.L. 109-163, § 687(b)(27) rewrote subsection (h) to
read, “An officer who, having entered into a written
agreement under subsection (b) and having received
all or part of the bonus under this section, does not
complete the period of active duty in special
warfare service as specified in the agreement shall
be subject to the repayment provisions of section
303a(e) of this title.”
P.L. 109-163, § 687(b)(28) rewrote subsection (f) to
read, “An officer who, having entered into a written
agreement under subsection (b) and having received
all or part of the bonus under this section, does not
complete the period of active duty as a department
head on a surface vessel as specified in the
agreement shall be subject to the repayment
provisions of section 303a(e) of this title.”
P.L. 109-163, § 687(b)(29) rewrote subsection (f) to
read, “An officer who has entered into a written
agreement under subsection (b) and has received all
or part of the amounts payable under the
agreement but who does not complete the total
period of active duty specified in the agreement
shall be subject to the repayment provisions of
section 303a(e) of this title.”
Title
37
37
37
37
CRS-15
Code Section
324(f)(2)
325(g)(4)
326(e)(3)
327(f)(3)
Public Law
Date of
Enactment
P.L. 107-107,
§ 621(a)
12/28/01
P.L. 107-107,
§ 622(a)(1)
12/28/01
P.L. 108-136,
§ 625(a)
11/24/03
P.L. 109-163,
§ 641(a)
1/6/06
Specific Language
Comments
[Special pay: accession bonus for new officers and
critical skills] “Subject to paragraph (3), an obligation
to repay the United States imposed under paragraph
(1) is for all purposes a debt owed to United States.
A discharge in bankruptcy under title 11 that is
entered less than five years after the termination of
an agreement entered into under subsection (a) does
not discharge individual signing the agreement from a
debt arising under such agreement or under
paragraph (1).”
37 U.S.C. § 324 was added 12/28/2001.
[Incentive bonus: savings plan for education expenses
and other contingencies] “A discharge in bankruptcy
under title 11 that is entered less than five years after
the termination of an enlistment or other agreement
under this section does not discharge the person
signing such enlistment or other agreement from a
debt arising under the enlistment or agreement,
respectively, or this subsection.”
37 U.S.C. § 325 was added 12/28/2001.
[Incentives bonus: conversion to military occupational
specialty to ease personnel shortage] “A discharge in
bankruptcy under title 11 that is entered less than
five years after the termination of the agreement for
which a bonus was paid under this section shall not
discharge the person signing such agreement from
the debt arising under paragraph (1).”
37 U.S.C. § 326 was added 11/24/2003.
[Incentive bonus: transfer between armed forces] “A
discharge in bankruptcy under title 11 that is entered
less than 5 years after the termination of an
agreement under this section does not discharge the
person signing such agreement from a debt arising
under paragraph (1).”
37 U.S.C. § 327 was added 1/6/2006.
P.L. 109-163, § 687(b)(32) rewrote subsection (f) to
read, “An individual who, having received all or part
of the bonus under an agreement referred to in
subsection (a), is not thereafter commissioned as an
officer or does not commence or complete the
total period of active duty specified in the
agreement shall be subject to the repayment
provisions of section 303a(e) of this title.”
P.L. 109-163, § 687(b)(33) rewrote subsection (g) to
read, “If a person does not complete the qualifying
service for which the person is obligated under
commitment for which a benefit has been paid
under this section, the person shall be subject to
the repayment provisions of section 303a(e) of this
title.”
P.L. 109-163, § 687(b)(34) rewrote subsection (e) to
read, “A member who does not convert to and
complete the period of service in the military
occupational specialty specified in the agreement
executed under subsection (a) shall be subject to
the repayment provisions of section 303a(e) of this
title.”
The same law, P.L. 109-163, in § 687(b)(35) then
rewrote subsection (f) to read, “A member who is
paid a bonus under an agreement under this section
and who, voluntarily or because of misconduct, fails
to serve for the period covered by such agreement
shall be subject to the repayment provisions of
section 303a(e) of this title.”
Title
37
Code Section
322(f)(4), which
became 354(f)
Public Law
P.L. 106-65,
§ 642(a)
Date of
Enactment
10/5/99
Specific Language
[Special pay: 15-year career status bonus for
members entering service on or after August 1,
1986] “A discharge in bankruptcy under title 11 that
is entered less than five years after the termination of
an agreement under this section does not discharge
the member signing such agreement from a debt
arising under the agreement or this subsection.”
Comments
37 U.S.C. 322 was added 10/5/1999.
It was transferred to subchapter II of chapter 5 and
redesignated as section 354 by P.L. 110-181,
§ 661(b)(1). (1/28/2008)
P.L. 109-163, § 687(b)(30) rewrote subsection (f) to
read, “If a person paid a bonus under this section
does not complete a period of active duty beginning
on the dates on which the election of the person
under paragraph (1) of subsection (a) is received
and ending on the date on which the person
completes 20 years of active duty service as
described in paragraph (2) of such subsection, a
person shall be subject and repayment provisions
section 303a(e) of this title.”
When the section was redesignated § 354, P.L. 110181, § 661(b)(2) substituted “373” for “303a(e).
37
CRS-16
323(g)(3), which
became 355(g)
P.L. 106-398,
§1
(based
on
§ 633(a)(1) of
H.R. 5408
[106th
Congress])
10/30/00
[Special pay: retention incentives for members
qualified in critical military skills or assigned to high
priority units] “A discharge in bankruptcy under title
11 that is entered less than 5 years after the
termination of a written agreement entered into
under subsection (a) does not discharge the member
from a debt arising under paragraph (2).”
37 U.S.C. 323 was added 10/30/2000.
It was transferred to subchapter II of chapter 5 and
redesignated as section 355 by P.L. 110-181,
§ 662(c)(1). (1/28/2008)
P.L. 109-163, § 687(b)(31) rewrote subsection (g) to
read, “A member paid a bonus under this section
who fails, during the period of service covered by
the member’s agreement, reenlistment, or voluntary
extension of enlistment under subsection (a), to
remain qualified in a critical military skill or to satisfy
the other eligibility criteria for which the bonus was
paid shall be subject and repayment provisions
section 303a(e) of this title.” When the section was
redesignated § 355, P.L. 110-181, § 662(c)(2)
substituted “373” for “303a(e).
Title
Code Section
Public Law
Date of
Enactment
Specific Language
Comments
37
373(c)
P.L. 110-181,
§ 661(a)
1/28/08
[Repayment of unearned portion of bonus, incentive
pay, or similar benefit, and termination of remaining
payments, when conditions of payment not met] “An
obligation to repay United States under this section
is, for all purposes, a debt owed the United States. A
discharge in bankruptcy under title 11 does not
discharge a person from such debt if the discharge
order is entered less than five years after (1) the date
of termination of the agreement or contract on
which the debt is based; or (2) in the absence of such
agreement or contract, the date of the termination of
service on which the debt is based.”
37 U.S.C. § 373 was added 1/28/2008.
38
4334(c), which
became 7634(c)
P.L. 100-322,
§ 216(b)
5/20/88
[Breach of agreement; waiver of liability {Veterans’
Benefits—Health Professionals Educational Assistance
Program}] “An obligation of a participant under the
Educational Assistance Program (or in agreement
thereunder) for payment of damages may not be
released by a discharge in bankruptcy under title 11
before the expiration of the five-year period
beginning on the first day the payment of such
damages is due.”
38 U.S.C. § 4334 was added 5/20/1988.
7902(d)(3)
P.L. 109-461,
§ 903(a)(1)
12/22/06
[Scholarship program {Veterans’ Benefits—
Information Security Education Assistance Program}]
“An obligation to repay the Secretary under this
subsection is, for all purposes, a debt owed the
United States. A discharge in bankruptcy under title
11 does not discharge a person from such debt if the
discharge order is entered less than five years after
the date of the termination of the agreement or
contract on which the debt is based.”
38 U.S.C. § 7902 was added 12/22/2006.
38
CRS-17
P.L. 102-40, § 402(b)(1) redesignated § 4334 as
7634.
Title
42
Code Section
254o(d)(3)
Public Law
P.L. 94-484,
§ 408(b)(1)
Date of
Enactment
10/12/76
Specific Language
[Breach of scholarship contract or loan repayment
contract {Public Health Service—Primary Health
Care Scholarship Program and Loan Repayment
Program}] “Any obligation of an individual under the
Scholarship Program (or a contract thereunder) for
payment of damages may be released by a discharge
in bankruptcy under title 11 of the United States
Code only if such discharge is granted after the
expiration of the five-year period beginning on the
first date that payment of such damages is required.”
Comments
This was originally codified as 42 U.S.C. § 294w
(10/12/1976).
P.L. 100-177, § 202(e)(5) added, “or the Loan
Repayment Program (or a contract thereunder)”
after “the Scholarship Program (or a contract
thereunder).”
Section 308(a) of the same law, P.L. 100-177, added,
“, and only if the bankruptcy court finds that
nondischarge of the obligation would be
unconscionable” after “the first date that payment
of such damages is required.”
P.L. 107-251, § 313(a)(4) substituted “only if such
discharge is granted after the expiration of the 7year period” for “only if such discharge is granted
after the expiration of the five-year period.”
42
292f(g)
P.L. 102-408,
§ 102
10/13/92
[Default of borrower {Public Health Service—Insured
Health Education Assistance Loans to graduate
students}] “A debt which is a loan insured under the
authority of this subpart may be released by a
discharge in bankruptcy under any chapter of title 11,
United States Code, only if such discharge is granted
(1) after the expiration of the five-year period
beginning on the first date, as specified in
subparagraphs (B) and (C) of section 705(a)(2), when
repayment of such loan is required; (2) upon a finding
by the Bankruptcy Court that the nondischarge of
such debt would be unconscionable; and (3) upon the
condition that the Secretary shall not have waived the
Secretary’s rights to apply subsection (f) to the
borrower and the discharge debt.”
The current 42 U.S.C. § 292f is the third § 292f. A
prior 42 U.S.C. § 292f was added to the U.S. Code
in 1956. It was repealed and replaced in 1976. In
1992, that prior § 292f was repealed and replaced
with the current one.
P.L. 103-43, § 2014(a)(2) replaced “(1) after the
expiration of the five-year period beginning on the
first date, as specified in subparagraphs (B) and (C)
of section 705(a)(2), when repayment of such loan is
required” with “(1) after the expiration of the
seven-year period beginning on the first date when
repayment of such loan is required, exclusive of any
period after such date in which the obligation to pay
installments on the loan is suspended.”
P.L. 105-392, § 144(a) replaced “A debt which is a
loan insured ... ” with “Notwithstanding any other
provision of Federal or State law, a debt that is a
loan insured.... ”
CRS-18
Title
42
Code Section
656(b)
Public Law
P.L. 93-647,
§ 101(a)
Date of
Enactment
1/4/75
Specific Language
[Support obligation as obligation to State; amount;
discharge in bankruptcy] “A debt which is a child
support obligation assigned to a State under section
402(a)(26) is not released by a discharge in
bankruptcy under the Bankruptcy Act.”
Comments
42 U.S.C. § 656 was added 1/4/1975.
P.L. 95-598, § 328 repealed subsection (b). (1978)
P.L. 97-35, § 2334(a) added subsection (b), which
read, “A debt which is a child support obligation
assigned to a State under section 402(a)(26) is not
released by a discharge in bankruptcy under title 11,
United States Code.” (1981)
P.L. 104-193, § 374(b) amended 42 U.S.C. § 656(b)
to read, “A debt (as defined in section 101 of title
11 of the United States Code) owed under State
law to a State (as defined in such section) or
municipality (as defined in such section) that is in
the nature of support and that is enforceable under
this part is not released by discharge in bankruptcy
under title 11 of the United States Code.” (1996)
47
50
CRS-19
1104(p)
402 note
P.L. 106-553,
§ 1(a)(2)
12/21/00
P.L. 99-569,
§ 505
10/27/86
[Administration of loan guarantees {local TV}] “(1)
Notwithstanding any other provision of law,
whenever any person or entity is indebted to the
United States as a result of any loan guarantee issued
under this chapter and such person or entity is
insolvent or is a debtor in a case under title 11, the
debts due to the United States shall be satisfied first.
(2) A discharge in bankruptcy under title 11 shall not
release a person or entity from an obligation to the
United States in connection with the loan guarantee
under this chapter.”
{Amendment to National Security Agency Act of
1959 to allow additional compensation to NSA
employees and officers.} “A discharge in bankruptcy
under title 11, United States Code, shall not release a
person from an obligation to reimburse the United
States required under an agreement described in
paragraph (1) if a final decree of the discharge in
bankruptcy is issued within five years after the last
day of the combined period of service obligation
described in subparagraphs (A) and (B) of paragraph
(1).”
20 U.S.C. § 1104 was added 12/21/2000.
P.L. 106-553 enacted H.R. 5548 (106th Congress).
Section 1005 of that bill included the language in
subsection 1104(p).
P.L. 99-569 amended the National Security Agency
Act of 1959 to add § 16. The bankruptcy language is
in subsection (d)(3)(A).
Title
50
Code Section
Public Law
Appendix 547(b)(3)
P.L. 108-189,
§1
Date of
Enactment
12/19/03
Specific Language
[Premiums and interest guaranteed by United States
{life insurance}] “Such debt payable to the United
States is not dischargeable in bankruptcy
proceedings.”
Comments
50 U.S.C. app. § 547 was added 12/19/2003.
Source: Table created by CRS using information found online in the United States Code Service (LEXIS) and the United States Code Annotated (Westlaw).
CRS-20
Limits on Discharge in Bankruptcy Not Codified in the Bankruptcy Code
Author Contact Information
(name redacted)
Legislative Attorney
/redacted/@crs.loc.gov, 7-....
Congressional Research Service
(name redacted)
Law Librarian
/redacted/@crs.loc.g
ov, 7-....
21
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