To amend the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 to exempt from the means test in bankruptcy cases, for a limited period, qualifying reserve-component members who, after September 11, 2001, are called to active duty or to perform a homeland defense activity for not less than 60 days.

3.0.0 3197 2023-11-13T20:13:47Z 2023-11-13T20:13:47Z Senate S S 2008-06-25 110 ssju00 Judiciary Committee Senate Standing Reported by 2008-09-15T19:47:01Z Markup by 2008-09-11T16:46:36Z Referred to 2008-06-25T23:42:54Z To amend the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 to exempt from the means test in bankruptcy cases, for a limited period, qualifying reserve-component members who, after September 11, 2001, are called to active duty or to perform a homeland defense activity for not less than 60 days. 110 3972 HR 2007-11-02 Referred to the Subcommittee on Commercial and Administrative Law. Related bill CRS National Guard and Reservists Debt Relief Act of 2008 110 4044 HR 2008-06-24 Received in the Senate and Read twice and referred to the Committee on the Judiciary. Related bill CRS Related bill House 2008-10-20 Became Public Law No: 110-438. President E40000 2 House floor actions 2008-10-20 Became Public Law No: 110-438. BecameLaw 36000 9 Library of Congress 2008-10-20 Signed by President. President E30000 2 House floor actions 2008-10-20 Signed by President. BecameLaw 36000 9 Library of Congress 2008-10-09 Presented to President. Floor E20000 2 House floor actions 2008-10-09 Presented to President. President 28000 9 Library of Congress 2008-10-03 Cleared for White House. 2008-10-03 13:34:27 Motion to reconsider laid on the table Agreed to without objection. Floor H38310 2 House floor actions 2008-10-03 13:34:26 On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 411 - 0 (Roll no. 682). (text: CR 10/2/2008 H10648-10649) Floor H37300 2 House floor actions 682 https://clerk.house.gov/evs/2008/roll682.xml House 110 2008-10-03T17:34:26Z 2 2008-10-03 13:34:26 Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 411 - 0 (Roll no. 682).(text: CR 10/2/2008 H10648-10649) Floor 8000 9 Library of Congress 682 https://clerk.house.gov/evs/2008/roll682.xml House 110 2008-10-03T17:34:26Z 2 2008-10-03 13:28:02 Considered as unfinished business. (consideration: CR H10806-10807) Floor H30000 2 House floor actions 2008-10-02 13:13:56 At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed. Floor H37220 2 House floor actions 2008-10-02 12:29:04 DEBATE - The House proceeded with forty minutes of debate on S. 3197. Floor H8D000 2 House floor actions 2008-10-02 12:29:02 Considered under suspension of the rules. (consideration: CR H10648-10653; text of measure as introduced: CR H10648-10649) Floor H30000 2 House floor actions 2008-10-02 12:28:42 Mr. Conyers moved to suspend the rules and pass the bill. Floor H30300 2 House floor actions 2008-10-02 12:11:58 Held at the desk. Floor H15000 2 House floor actions 2008-10-02 12:10:23 Received in the House. Floor H14000 2 House floor actions 2008-10-01 Senate Message on Senate action sent to the House. Floor 2008-09-30 Senate Passed Senate with an amendment by Unanimous Consent. (consideration: CR S10186-10187; text as passed in Senate: CR S10186-10187) Floor 2008-09-30 Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(consideration: CR S10186-10187; text as passed in Senate: CR S10186-10187) Floor 17000 9 Library of Congress 2008-09-15 Senate Placed on Senate Legislative Calendar under General Orders. Calendar No. 963. Calendars 2008-09-15 ssju00 Judiciary Committee Senate Committee on the Judiciary. Reported by Senator Leahy with an amendment. Without written report. Committee 2008-09-15 Committee on the Judiciary. Reported by Senator Leahy with an amendment. Without written report. Committee 14000 9 Library of Congress ssju00 Judiciary Committee 2008-09-11 ssju00 Judiciary Committee Senate Committee on the Judiciary. Ordered to be reported with an amendment favorably. Committee 2008-06-25 ssju00 Judiciary Committee Senate Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S6166-6167) IntroReferral 2008-06-25 Sponsor introductory remarks on measure. (CR S6166) IntroReferral B00100 9 Library of Congress 2008-06-25 Introduced in Senate IntroReferral 10000 9 Library of Congress D000563 Sen. Durbin, Richard J. [D-IL] Richard Durbin D IL J. N L000174 Sen. Leahy, Patrick J. [D-VT] Patrick Leahy D VT 2008-07-15 False H000338 Sen. Hatch, Orrin G. [R-UT] ORRIN HATCH R UT GRANT 2008-09-12 False 2008-09-23T04:00:00Z S. 3197, National Guard and Reservists Debt Relief Act of 2008 http://www.cbo.gov/publication/20289 <p>Cost estimate for the bill as reported by the Senate Committee on the Judiciary on September 15, 2008</p> 2008-09-23T04:00:00Z S. 3197, National Guard and Reservists Debt Relief Act of 2008 https://www.cbo.gov/publication/20289 Cost estimate for the bill as reported by the Senate Committee on the Judiciary on September 15, 2008 Public Law 110-438 Finance and Financial Sector Armed Forces and National Security Armed forces reserves Bankruptcy Bankruptcy courts Civil procedure Congress Congressional investigations Congressional reporting requirements Debtor and creditor Emergency Management Law National Guard Finance and Financial Sector

00 2008-06-25 Introduced in Senate 2008-11-25T21:38:02Z National Guard and Reservists Debt Relief Act of 2008 - Amends federal bankruptcy law to prohibit the bankruptcy court from dismissing or converting a case based on means testing while the debtor: (1) is either on active duty in the military service of the United States or performing a homeland defense activity for at least 90 days, and during the 540 days following the end of such period; and (3) was called to such active duty or performed such homeland defense activity after September 11, 2001, as a member of a reserve component of the Armed Forces or the National Guard.

Directs the Comptroller General to study and report to Congress on whether and to what degree members of reserve components of the Armed Forces and the National Guard: (1) avail themselves of the benefits of this Act; (2) are debtors in federal bankruptcy cases substantially related to service that qualifies such members for such benefits of this Act; and (3) are debtors in federal bankruptcy cases materially related to such service.

Requires such study to include the effects that the use by such members of this Act has upon: (1) the bankruptcy system; (2) creditors; and (3) the debt-incurrence practices of such members.

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01 2008-09-15 Reported to Senate with amendment(s) 2008-11-25T21:37:22Z National Guard and Reservists Debt Relief Act of 2008 - (Sec. 2) Amends federal bankruptcy law to prohibit the bankruptcy court from dismissing or converting a chapter 7 liquidation case based upon means testing if the debtor, after September 11, 2001, was called to active duty or homeland defense activity while a member of a reserve component of the Armed Forces or a member of the National Guard, and such debtor is: (1) on active duty for a specified period; or (2) performing a homeland defense activity for a specified period.

(Sec. 3) Directs the Comptroller General to study and report to Congress on whether and to what degree members of reserve components of the Armed Forces and the National Guard: (1) avail themselves of the benefits of this Act; (2) are debtors in federal bankruptcy cases substantially related to service that qualifies them for such benefits; and (3) are debtors in federal bankruptcy cases materially related to such service.

Requires such study to include the effects that the use of this Act by such members has upon: (1) the bankruptcy system; (2) creditors; and (3) the debt-incurrence practices of such members.

Prescribes mandatory factors for consideration in such report.

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82 2008-09-30 Passed Senate without amendment 2008-11-25T21:40:01Z (This measure has not been amended since it was reported to the Senate on September 15, 2008. The summary of that version is repeated here.)

National Guard and Reservists Debt Relief Act of 2008 - (Sec. 2) Amends federal bankruptcy law to prohibit the bankruptcy court from dismissing or converting a chapter 7 liquidation case based upon means testing if the debtor, after September 11, 2001, was called to active duty or homeland defense activity while a member of a reserve component of the Armed Forces or a member of the National Guard, and such debtor is: (1) on active duty for a specified period; or (2) performing a homeland defense activity for a specified period.

(Sec. 3) Directs the Comptroller General to study and report to Congress on whether and to what degree members of reserve components of the Armed Forces and the National Guard: (1) avail themselves of the benefits of this Act; (2) are debtors in federal bankruptcy cases substantially related to service that qualifies them for such benefits ; and (3) are debtors in federal bankruptcy cases materially related to such service.

Requires such study to include the effects that the use of this Act by such members has upon: (1) the bankruptcy system; (2) creditors; and (3) the debt-incurrence practices of such members.

Prescribes mandatory factors for consideration in such report.

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81 2008-10-03 Passed House without amendment 2008-11-25T21:40:24Z (This measure has not been amended since it was reported to the Senate on September 15, 2008. The summary of that version is repeated here.)

(Sec. 3) Directs the Comptroller General to study and report to Congress on whether and to what degree members of reserve components of the Armed Forces and the National Guard: (1) avail themselves of the benefits of this Act; (2) are debtors in federal bankruptcy cases substantially related to service that qualifies them for such benefits ; and (3) are debtors in federal bankruptcy cases materially related to such service.

Requires such study to include the effects that the use of this Act by such members has upon: (1) the bankruptcy system; (2) creditors; and (3) the debt-incurrence practices of such members.

Prescribes mandatory factors for consideration in such report.

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49 2008-10-20 Public Law 2008-11-25T21:41:01Z (This measure has not been amended since it was reported to the Senate on September 15, 2008. The summary of that version is repeated here.)

(Sec. 3) Directs the Comptroller General to study and report to Congress on whether and to what degree members of reserve components of the Armed Forces and the National Guard: (1) avail themselves of the benefits of this Act; (2) are debtors in federal bankruptcy cases substantially related to service that qualifies them for such benefits ; and (3) are debtors in federal bankruptcy cases materially related to such service.

Requires such study to include the effects that the use of this Act by such members has upon: (1) the bankruptcy system; (2) creditors; and (3) the debt-incurrence practices of such members.

Prescribes mandatory factors for consideration in such report.

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National Guard and Reservists Debt Relief Act of 2008 Short Titles as Introduced National Guard and Reservists Debt Relief Act of 2008 Short Titles as Reported to Senate National Guard and Reservists Debt Relief Act of 2008 S Senate Short Titles as Passed House National Guard and Reservists Debt Relief Act of 2008 H House Short Titles as Passed Senate National Guard and Reservists Debt Relief Act of 2008 S Senate Short Titles as Enacted National Guard and Reservists Debt Relief Act of 2008 Display Title National Guard and Reservists Debt Relief Act of 2008 Official Title as Introduced A bill to amend title 11, United States Code, to exempt for a limited period, from the application of the means-test presumption of abuse under chapter 7, qualifying members of reserve components of the Armed Forces and members of the National Guard who, after September 11, 2001, are called to active duty or to perform a homeland defense activity for not less than 90 days. Enrolled Bill 2008-10-07T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-110s3197enr/xml/BILLS-110s3197enr.xml Engrossed in Senate 2008-09-30T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-110s3197es/xml/BILLS-110s3197es.xml Reported to Senate 2008-09-15T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-110s3197rs/xml/BILLS-110s3197rs.xml Introduced in Senate 2008-06-25T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-110s3197is/xml/BILLS-110s3197is.xml 2008-10-21T03:59:59Z Public Law 2008-10-20 Became Public Law No: 110-438. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.