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House Journal: Page 1178: Wednesday, April 1, 1998

SENATE FILE 2378 SUBSTITUTED FOR HOUSE FILE 2479
Garman of Story asked and received unanimous consent to
substitute Senate File 2378 for House File 2479.
Senate File 2378, a bill for an act relating to real estate
titles involving bankruptcy, was taken up for consideration.
Garman of Story offered the following amendment H-8607 filed by
her and moved its adoption:

H-8607

 1     Amend Senate File 2378, as passed by the Senate, as
 2   follows:
 3     1.  Page 1, line 26, by striking the word
 4   "Promptly" and inserting the following:  "Within three
 5   business days".
 6     2.  Page 1, by striking line 35 and inserting the
 7   following:
 8     "1.  If the real estate owner files an application
 9   for stay within twenty days of the date of mailing the
10   notice of filing the bankruptcy transcript by the
11   clerk with the district court in which".
12     3.  Page 2, by inserting after line 6 the
13   following:
14     "2.  The district court for the county in which the
15   bankruptcy transcript is filed has no jurisdiction to
16   stay the effects of the bankruptcy transcript either
17   as initially filed or as amended if the transcript
18   contains a certificate by the clerk of the bankruptcy
19   court of any of the following:
20     a.  The order affecting real estate has not been
21   appealed and the time for filing an appeal has
22   expired.
23     b.  The order affecting real estate has been
24   appealed and the order has been affirmed on appeal and
25   is not further appealable.
26     c.  An appeal from the order affecting real estate
27   has been filed and no stay from that order has been
28   granted by the bankruptcy court to the appealing
29   party.
30     3.  An amendment to the bankruptcy transcript
31   demonstrating the finality of the bankruptcy court
32   proceedings shall terminate any jurisdiction of the
33   district court to stay the effects of the bankruptcy
34   transcript."
Amendment H-8607 was adopted.
Garman of Story moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.

© 1998 Cornell College and League of Women Voters of Iowa

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Last update: Thu Apr 2 13:40:03 CST 1998
URL: /DOCS/GA/77GA/Session.2/HJournal/01100/01178.html
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