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Senate Amendment 3325

Amendment Text

PAG LIN
  1  1    Amend Senate File 512 as follows:
  1  2    #1.  Page 1, by inserting after line 33 the
  1  3 following:
  1  4    "Sec.    .  NEW SECTION.  627.6A  EXEMPTION FROM
  1  5 EXECUTION FOR CHILD SUPPORT.
  1  6    Notwithstanding the provisions of section 627.6, a
  1  7 creditor to whom child support is owed may bring an
  1  8 action pursuant to this section for satisfaction of a
  1  9 child support order against assets which are otherwise
  1 10 exempt.  Such an action shall be commenced by filing a
  1 11 petition for application of exempt assets in the same
  1 12 manner as provided in chapter 598 for the filing of a
  1 13 petition for modification.  Upon notice as required
  1 14 for the commencement of an original action and after a
  1 15 hearing, the court may order that the exempt assets
  1 16 provided for in section 627.6, in whole or in part,
  1 17 are not exempt from the collection of the child
  1 18 support obligation.  Notwithstanding an action of the
  1 19 state court under this section, a bankruptcy court may
  1 20 make the determination that the otherwise exempt
  1 21 assets provided for in section 627.6 are not exempt
  1 22 from the claims of a child support creditor if such
  1 23 creditor objects to the exemptions claimed by the
  1 24 debtor in conformity with 11 U.S.C. } 522(l) and
  1 25 federal rule of bankruptcy procedure 4003."
  1 26    #2.  Title page, line 2, by inserting after the
  1 27 word "trustee," the following:  "exemption from
  1 28 execution for child support,".
  1 29    #3.  By renumbering as necessary.  
  1 30 
  1 31 
  1 32                               
  1 33 TOM VILSACK
  1 34 DONALD B. REDFERN
  1 35 SF 512.501 77
  1 36 tm/jw/28
     

Text: S03324                            Text: S03326
Text: S03300 - S03399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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