3.0.0 61 2022-02-03T06:04:23Z 2022-02-08T17:27:15Z Senate S S 2009-01-06 111 ssju00 Judiciary Committee Senate Standing Referred to 2009-01-06T19:09:23Z Emergency Homeownership and Equity Protection Act 111 225 HR 2009-01-22 Committee Hearings Held. Related bill CRS Helping Families Save Their Homes in Bankruptcy Act of 2009 111 200 HR 2009-02-24 Placed on the Union Calendar, Calendar No. 7. Identical bill CRS 2009-01-06 ssju00 Judiciary Committee Senate Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S66) IntroReferral 2009-01-06 Sponsor introductory remarks on measure. (CR S64-66) IntroReferral B00100 9 Library of Congress 2009-01-06 Introduced in Senate IntroReferral 10000 9 Library of Congress D000563 Sen. Durbin, Richard J. [D-IL] Richard Durbin D IL J. N B000711 Sen. Boxer, Barbara [D-CA] BARBARA BOXER D CA 2009-01-06 True F000062 Sen. Feinstein, Dianne [D-CA] Dianne Feinstein D CA 2009-01-06 True H000206 Sen. Harkin, Tom [D-IA] THOMAS HARKIN D IA RICHARD 2009-01-06 True S000148 Sen. Schumer, Charles E. [D-NY] Charles Schumer D NY E. 2009-01-06 True W000802 Sen. Whitehouse, Sheldon [D-RI] Sheldon Whitehouse D RI 2009-01-06 True R000122 Sen. Reed, Jack [D-RI] John Reed D RI F. 2009-01-08 False F000061 Sen. Feingold, Russell D. [D-WI] RUSSELL FEINGOLD D WI D. 2009-01-12 False M001176 Sen. Merkley, Jeff [D-OR] Jeff Merkley D OR 2009-02-12 False K000148 Sen. Kerry, John F. [D-MA] JOHN KERRY D MA FORBES 2009-02-24 False B000944 Sen. Brown, Sherrod [D-OH] Sherrod Brown D OH 2009-03-10 False Finance and Financial Sector Bankruptcy Consumer credit Housing finance and home ownership Finance and Financial Sector 00 2009-01-06 Introduced in Senate 2009-01-23T22:07:10Z Helping Families Save their Homes in Bankruptcy Act of 2009 - Amends federal bankruptcy law governing a Chapter 13 debtor (adjustment of debts of an individual with regular income). Excludes from computation of debts the secured or unsecured portions of: (1) debts secured by the debtor's principal residence if the current value of that residence is less than the secured debt limit; or (2) debts secured or formerly secured by debtor's principal residence that was either sold in foreclosure or surrendered to the creditor if the current value of such real property is less than the secured debt limit.

Declares the credit counseling requirement inapplicable to a Chapter 13 debtor who certifies that he or she has received notice that the holder of a claim secured by the debtor's principal residence may commence a foreclosure on the debtor's principal residence.

Requires the court to disallow a claim that is subject to any remedy for damages or rescission due to violations of state or federal consumer protection law, including the Truth in Lending Act, notwithstanding the prior entry of a foreclosure judgment.

Allows modification of the rights of claim holders, in the event of a foreclosure notice for a chapter 13 debtor, among other means by: (1) reducing a claim to equal the value of the debtor's interest in the residence securing such claim, and any adjustments to a related adjustable rate of interest; (2) waiving early repayment or prepayment penalties; and (3) extending the repayment period.

Denies debtor liability for certain fees and charges incurred while the bankruptcy case is pending and arising from a debt secured by the debtor's principal residence, unless the claim holder observes specified requirements.

Adds to conditions for court confirmation of a plan in bankruptcy that: (1) the holder of a claim secured by the debtor's principal residence retain the lien securing the claim until the later of the payment of such claim as reduced and modified or the discharge of a debtor from all debts; and (2) the plan modifies the claim in good faith.

Excludes from final discharge of a debtor from all debts: (1) any payments to claim holders whose rights are modified under this Act; and (2) any unpaid portion of a claim as reduced.

]]> Helping Families Save Their Homes in Bankruptcy Act of 2009 Short Titles as Introduced Helping Families Save Their Homes in Bankruptcy Act of 2009 Display Title Helping Families Save Their Homes in Bankruptcy Act of 2009 Official Title as Introduced A bill to amend title 11 of the United States Code with respect to modification of certain mortgages on principal residences, and for other purposes. Introduced in Senate 2009-01-06T05:00:00Z 2009-01-06 Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S66) 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.