Laws: Cases and Codes : U.S. Code : Title 11 : Section 523
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U.S. Code as of:
01/19/04
Section 523 - Notes
SOURCE
(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2590; Pub. L. 96-56, Sec.
3, Aug. 14, 1979, 93 Stat. 387; Pub. L. 97-35, title XXIII, Sec.
2334(b), Aug. 13, 1981, 95 Stat. 863; Pub. L. 98-353, title III,
Secs. 307, 371, 454, July 10, 1984, 98 Stat. 353, 364, 375; Pub. L.
99-554, title II, Secs. 257(n), 281, 283(j), Oct. 27, 1986, 100
Stat. 3115-3117; Pub. L. 101-581, Sec. 2(a), Nov. 15, 1990, 104
Stat. 2865; Pub. L. 101-647, title XXV, Sec. 2522(a), title XXXI,
Sec. 3102(a), title XXXVI, Sec. 3621, Nov. 29, 1990, 104 Stat.
4865, 4916, 4964; Pub. L. 103-322, title XXXII, Sec. 320934, Sept.
13, 1994, 108 Stat. 2135; Pub. L. 103-394, title II, Sec. 221,
title III, Secs. 304(e), (h)(3), 306, 309, title V, Sec.
501(d)(13), Oct. 22, 1994, 108 Stat. 4129, 4133-4135, 4137, 4145;
Pub. L. 104-134, title I, Sec. 101[(a)] [title VIII, Sec. 804(b)],
Apr. 26, 1996, 110 Stat. 1321, 1321-74; renumbered title I, Pub. L.
104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327; Pub. L. 104-193,
title III, Sec. 374(a), Aug. 22, 1996, 110 Stat. 2255; Pub. L.
105-244, title IX, Sec. 971(a), Oct. 7, 1998, 112 Stat. 1837; Pub.
L. 107-204, title VIII, Sec. 803, July 30, 2002, 116 Stat. 801.)
HISTORICAL AND REVISION NOTES
REFERENCES IN TEXT
The Consumer Credit Protection Act, referred to in subsec.
(a)(2)(C), is Pub. L. 90-321, May 29, 1968, 82 Stat. 146, as
amended, which is classified principally to chapter 41 (Sec. 1601
et seq.) of Title 15, Commerce and Trade. For complete
classification of this Act to the Code, see Short Title note set
out under section 1601 of Title 15 and Tables.
The Bankruptcy Act, referred to in subsecs. (a)(10) and (b), is
act July 1, 1898, ch. 541, 30 Stat. 544, as amended, which was
classified generally to former Title 11. Sections 14c and 17a of
the Bankruptcy Act were classified to sections 32(c) and 35(a) of
former Title 11.
The Social Security Act, referred to in subsec. (a)(18)(B), is
act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part D of
title IV of the Act is classified generally to part D (Sec. 651 et
seq.) of subchapter IV of chapter 7 of Title 42, The Public Health
and Welfare. Section 408(a)(3) of the Act is classified to section
608(a)(3) of Title 42. For complete classification of this Act to
the Code, see section 1305 of Title 42 and Tables.
Section 3(a)(47) of the Securities Exchange Act of 1934, referred
to in subsec. (a)(19)(A)(i), is classified to section 78c(a)(47) of
Title 15, Commerce and Trade.
Section 439A of the Higher Education Act of 1965, referred to in
subsec. (b), was classified to section 1087-3 of Title 20,
Education, and was repealed by Pub. L. 95-598, title III, Sec. 317,
Nov. 6, 1978, 92 Stat. 2678.
Section 733(g) of the Public Health Service Act, referred to in
subsec. (b), was repealed by Pub. L. 95-598, title III, Sec. 327,
Nov. 6, 1978, 92 Stat. 2679. A subsec. (g), containing similar
provisions, was added to section 733 by Pub. L. 97-35, title XXVII,
Sec. 2730, Aug. 13, 1981, 95 Stat. 919. Section 733 was
subsequently omitted in the general revision of subchapter V of
chapter 6A of Title 42, The Public Health and Welfare, by Pub. L.
102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 1994. See
section 292f(g) of Title 42.
AMENDMENTS
2002 - Subsec. (a)(19). Pub. L. 107-204 added par. (19).
1998 - Subsec. (a)(8). Pub. L. 105-244 substituted "stipend,
unless" for "stipend, unless - " and struck out "(B)" before
"excepting such debt" and subpar. (A) which read as follows: "such
loan, benefit, scholarship, or stipend overpayment first became due
more than 7 years (exclusive of any applicable suspension of the
repayment period) before the date of the filing of the petition;
or".
1996 - Subsec. (a)(5)(A). Pub. L. 104-193, Sec. 374(a)(4),
substituted "section 408(a)(3)" for "section 402(a)(26)".
Subsec. (a)(17). Pub. L. 104-134 added par. (17).
Subsec. (a)(18). Pub. L. 104-193, Sec. 374(a)(1)-(3), added par.
(18).
1994 - Subsec. (a). Pub. L. 103-394, Sec. 501(d)(13)(A)(i),
substituted "1141," for "1141,," in introductory provisions.
Subsec. (a)(1)(A). Pub. L. 103-394, Sec. 304(h)(3), substituted
"507(a)(8)" for "507(a)(7)".
Subsec. (a)(2)(C). Pub. L. 103-394, Secs. 306, 501(d)(13)(A)(ii),
substituted "$1,000 for" for "$500 for", "60" for "forty" after
"incurred by an individual debtor on or within", and "60" for
"twenty" after "obtained by an individual debtor on or within", and
struck out "(15 U.S.C. 1601 et seq.)" after "Protection Act".
Subsec. (a)(11). Pub. L. 103-322, Sec. 320934(1), struck out "or"
after semicolon at end.
Subsec. (a)(12). Pub. L. 103-322, Sec. 320934(2), which directed
the substitution of "; or" for a period at end of par. (12), could
not be executed because a period did not appear at end.
Subsec. (a)(13). Pub. L. 103-394, Sec. 221(1), substituted
semicolon for period at end.
Pub. L. 103-322, Sec. 320934(3), added par. (13).
Subsec. (a)(14). Pub. L. 103-394, Sec. 221(2), added par. (14).
Subsec. (a)(15). Pub. L. 103-394, Sec. 304(e)[(1)], which
directed the amendment of this section by adding par. (15) "at the
end" was executed by adding par. (15) at the end of subsec. (a) to
reflect the probable intent of Congress.
Subsec. (a)(16). Pub. L. 103-394, Sec. 309, added par. (16).
Subsec. (b). Pub. L. 103-394, Sec. 501(d)(13)(B), struck out "(20
U.S.C. 1087-3)" after "Act of 1965" and "(42 U.S.C. 294f)" after
"Service Act".
Subsec. (c)(1). Pub. L. 103-394, Sec. 304(e)(2), substituted
"(6), or (15)" for "or (6)" in two places.
Subsec. (e). Pub. L. 103-394, Sec. 501(d)(13)(C), substituted
"insured depository institution" for "depository institution or
insured credit union".
1990 - Subsec. (a)(8). Pub. L. 101-647, Sec. 3621, substituted
"for an educational benefit overpayment or loan made, insured or
guaranteed by a governmental unit, or made under any program funded
in whole or in part by a governmental unit or nonprofit
institution, or for an obligation to repay funds received as an
educational benefit, scholarship or stipend, unless" for "for an
educational loan made, insured, or guaranteed by a governmental
unit, or made under any program funded in whole or in part by a
governmental unit or a nonprofit institution, unless" in
introductory provisions and amended subpar. (A) generally. Prior to
amendment, subpar. (A) read as follows: "such loan first became due
before five years (exclusive of any applicable suspension of the
repayment period) before the date of the filing of the petition;
or".
Subsec. (a)(9). Pub. L. 101-581 and Pub. L. 101-647, Sec.
3102(a), identically amended par. (9) generally. Prior to
amendment, par. (9) read as follows: "to any entity, to the extent
that such debt arises from a judgment or consent decree entered in
a court of record against the debtor wherein liability was incurred
by such debtor as a result of the debtor's operation of a motor
vehicle while legally intoxicated under the laws or regulations of
any jurisdiction within the United States or its territories
wherein such motor vehicle was operated and within which such
liability was incurred; or".
Subsec. (a)(11), (12). Pub. L. 101-647, Sec. 2522(a)(1), added
pars. (11) and (12).
Subsec. (c). Pub. L. 101-647, Sec. 2522(a)(3), designated
existing provisions as par. (1) and added par. (2).
Subsec. (e). Pub. L. 101-647, Sec. 2522(a)(2), added subsec. (e).
1986 - Subsec. (a). Pub. L. 99-554, Sec. 257(n), inserted
reference to sections 1228(a) and 1228(b) of this title.
Subsec. (a)(1)(A). Pub. L. 99-554, Sec. 283(j)(1)(A), substituted
"507(a)(7)" for "507(a)(6)".
Subsec. (a)(5). Pub. L. 99-554, Sec. 281, struck out the comma
after "decree" and inserted ", determination made in accordance
with State or territorial law by a governmental unit," after
"record".
Subsec. (a)(9), (10). Pub. L. 99-554, Sec. 283(j)(1)(B),
redesignated par. (9) relating to debts incurred by persons driving
while intoxicated, added by Pub. L. 98-353, as (10).
Subsec. (b). Pub. L. 99-554, Sec. 283(j)(2), substituted
"Service" for "Services".
1984 - Subsec. (a)(2). Pub. L. 98-353, Sec. 454(a)(1), in
provisions preceding subpar. (A), struck out "obtaining" after
"for", and substituted "refinancing of credit, to the extent
obtained" for "refinance of credit,".
Subsec. (a)(2)(A). Pub. L. 98-353, Sec. 307(a)(1), struck out
"or" at end.
Subsec. (a)(2)(B). Pub. L. 98-353, Sec. 307(a)(2), inserted "or"
at end.
Subsec. (a)(2)(B)(iii). Pub. L. 98-353, Sec. 454(a)(1)(A), struck
out "obtaining" before "such".
Subsec. (a)(2)(C). Pub. L. 98-353, Sec. 307(a)(3), added subpar.
(C).
Subsec. (a)(5). Pub. L. 98-353, Sec. 454(b)(1), inserted "or
other order of a court of record" after "divorce decree," in
provisions preceding subpar. (A).
Subsec. (a)(5)(A). Pub. L. 98-353, Sec. 454(b)(2), inserted ", or
any such debt which has been assigned to the Federal Government or
to a State or any political subdivision of such State".
Subsec. (a)(8). Pub. L. 98-353, Secs. 371(1), 454(a)(2), struck
out "of higher education" after "a nonprofit institution of" and
struck out "or" at end.
Subsec. (a)(9). Pub. L. 98-353, Sec. 371(2), added the par. (9)
relating to debts incurred by persons driving while intoxicated.
Subsec. (c). Pub. L. 98-353, Sec. 454(c), inserted "of a kind"
after "debt".
Subsec. (d). Pub. L. 98-353, Sec. 307(b), substituted "the court
shall grant judgment in favor of the debtor for the costs of, and a
reasonable attorney's fee for, the proceeding if the court finds
that the position of the creditor was not substantially justified,
except that the court shall not award such costs and fees if
special circumstances would make the award unjust" for "the court
shall grant judgment against such creditor and in favor of the
debtor for the costs of, and a reasonable attorney's fee for, the
proceeding to determine dischargeability, unless such granting of
judgment would be clearly inequitable".
1981 - Subsec. (a)(5)(A). Pub. L. 97-35 substituted "law, or
otherwise (other than debts assigned pursuant to section 402(a)(26)
of the Social Security Act);" for "law, or otherwise;".
1979 - Subsec. (a)(8). Pub. L. 96-56 substituted "for an
educational loan made, insured, or guaranteed by a governmental
unit, or made under any program funded in whole or in part by a
governmental unit or a nonprofit institution of higher education"
for "to a governmental unit, or a nonprofit institution of higher
education, for an educational loan" in the provisions preceding
subpar. (A) and inserted "(exclusive of any applicable suspension
of the repayment period)" after "before five years" in subpar. (A).
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 101, 104, 106, 502, 507,
522, 524, 727, 1141, 1228, 1328 of this title; title 20 section
1087; title 26 sections 6327, 7437.
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