Bankruptcy Reform in the 108th Congress

Bankruptcy Reform in the 108th Congress
Author: Angie A Welborn
Publisher:
Total Pages:
Release: 2003
Genre:
ISBN:

On February 27, 2003, House Judiciary Chairman James Sensenbrenner introduced H.R. 975, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2003. Subcommittee hearings were held on March 4, and the legislation was marked-up and ordered to be reported by the full committee on March 12. This report provides an overview of selected major provisions of the legislation.

Bankruptcy Reform in the 108th Congress

Bankruptcy Reform in the 108th Congress
Author: Angie A Welborn
Publisher:
Total Pages: 0
Release: 2003
Genre:
ISBN:

On February 27, 2003, House Judiciary Chairman James Sensenbrenner introduced H.R. 975, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2003. Subcommittee hearings were held on March 4, and the legislation was marked-up and ordered to be reported by the full committee on March 12. This report provides an overview of selected major provisions of the legislation.

Bankruptcy Reform in the 108th Congress

Bankruptcy Reform in the 108th Congress
Author:
Publisher:
Total Pages: 0
Release: 2004
Genre:
ISBN:

On March 19, 2003, the House of Representatives passed H.R. 975, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2003. H.R. 975, as introduced, was substantially similar to the legislation (H.R. 333) approved by both the House and the Senate during the 107th Congress, but omitted the Schumer Amendment which would have prevented the discharge of liability for wilful violation of protective orders and violent protests against providers of "lawful services," including reproductive health services. As passed by the House, H.R. 975 was amended to add sections to, among other things, increase the cap on wage and employee benefit claims. The Senate did not consider H.R. 975 during the first session of the 108th Congress. On November 25, 2003, the Senate passed S. 1920, providing for a six-month extension of Chapter 12 of the Bankruptcy Code. The House took up S. 1920 on January 28, 2004, with an amendment in the nature of a substitute consisting of the text of H.R. 975 as passed by the House on March 19, 2003. S. 1920, as amended, was passed by the House and conferees appointed to resolve differences with the Senate. S. 1920, as passed by the House, addresses many areas of bankruptcy practice, including consumer filings, small business bankruptcy, tax bankruptcy, ancillary and cross-border cases, financial contract provisions, amendments to chapter 12 governing family farmer reorganization, and health care and employee benefits. This report provides an overview of selected major provisions of the legislation. It will be updated as events warrant.

The Bankruptcy Reform Act

The Bankruptcy Reform Act
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Improvements in Judicial Machinery
Publisher:
Total Pages: 296
Release: 1975
Genre: Bankruptcy
ISBN:

Bankruptcy Reform Legislation in the 107th Congress

Bankruptcy Reform Legislation in the 107th Congress
Author:
Publisher:
Total Pages: 0
Release: 2002
Genre:
ISBN:

H.R. 333, 107th Congress, 1st Sess. (2001), the “Bankruptcy Abuse Prevention and Consumer Protection Act of 2001â€ŗ and its counterpart in the Senate, S. 220, 107th Congress, 1st Sess. (2001), the “Bankruptcy Reform Act of 2001â€ŗ were introduced on January 31, 2001. As introduced, the bills were essentially identical both to each other and to H.R. 2415, 106th Congress, 2d Sess. (2000), which passed both chambers but was pocket vetoed by former President Clinton. On March 1, 2001, the House passed a slightly amended version of H.R. 333 by a vote of 306-108, after having first rejected a Democratic-sponsored substitute on a 160-258 vote. The Senate Judiciary Committee completed a two-day mark up of S. 220 by reporting out a clean bill, S. 420, on a 10-8 vote. S. 420 was similar to S. 220. It was brought to the floor on March 7. After several days of debate, cloture was invoked. Amendments were agreed to and the bill was passed on March 15, 2001 by a vote of 85-15. On July 17, 2001 the Senate passed H.R. 333 with an amendment in the nature of a substitute. It struck the language of the House version and replaced it with the language of S. 420. H.R. 333, as amended, passed the Senate by a vote of 82-16. The bills, which were identical when introduced, retain their core features. But, because H.R. 333 passed the House and the Senate in different forms, it required a conference. Both the House and the Senate appointed conferees in July, 2001. The conference met on May 22, 2002, but has not yet released its report. So far, the 107th Congress has demonstrated widespread support for the bills evidenced by the votes. Although President Bush is expected to sign bankruptcy reform into law, the White House has indicated that a bankruptcy bill that contains a federal homestead cap may be unacceptable. This report surveys the bills and the major amendments that have been adopted. It provides a sectional analysis comparing selected provisions, with an emphasis on consumer bankruptcy.