PRINTER'S NO. 3739

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE RESOLUTION

No. 243 Session of 1980


        INTRODUCED BY FISHER, E. R. LYNCH, O'DONNELL, SPENCER AND
           L. E. SMITH, JUNE 30, 1980

        REFERRED TO COMMITTEE ON RULES, JUNE 30, 1980

                          In the House of Representatives, June 30, 1980

     1     WHEREAS, The Federal Bankruptcy Code of 1978 provides in
     2  section 522(b)(1) that an individual debtor may exempt from
     3  property of the estate "property that is specified under
     4  subsection (d) of this section unless the State law that is
     5  applicable to the debtor .......... specifically does not so
     6  authorize; ....." (11 USC 522(b)(1)); and
     7     WHEREAS, The existing Pennsylvania law regarding exemptions
     8  now requires comprehensive review in order to determine if the
     9  Commonwealth should reject by statute the Federal exemptions
    10  and, if so, what State exemptions should be provided to be
    11  applicable to the enforcement of judgments and liens in
    12  Pennsylvania, as well as exemptions in Federal bankruptcy
    13  proceedings; therefore be it
    14     RESOLVED, That the Joint State Government Commission
    15  undertake a comparative study of the exemption laws of
    16  Pennsylvania and other states, accumulate and analyze
    17  appropriate data and submit to the General Assembly, upon its

     1  reconvening in January 1981, its findings and recommendations
     2  together with drafts of legislation to implement them, if deemed
     3  necessary.


















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