BANKRUPTCY ABUSE PREVENTION AND CONSUMER PROTECTION ACT

Amendments

Enact (S. 256), S1810 [28FE], S1821, S1828, S1829, S1835, S1849, S1850, S1878, S1879, S1880, S1881 [1MR], S1895, S1908, S1910, S1911, S1918, S1920, S1925, S1952, S1953, S1954, S1955 [2MR], S1980, S1984, S1985, S1986, S1996, S2046, S2048, S2049 [3MR], S2074, S2085, S2086, S2097 [4MR], S2125, S2133, S2134, S2135, S2136, S2137, S2138, S2139, S2172, S2173, S2174, S2175, S2176, S2177, S2178, S2180, S2181, S2182, S2183, S2184, S2185, S2186, S2187, S2188, S2197 [7MR], S2203, S2229, S2230, S2276, S2277, S2288 [8MR], S2318, S2403 [9MR], S2463 [10MR], H1897 [12AP]

———consideration (H. Res. 211), H1991 [14AP]

Articles and editorials

Credit Card Firms Won as Users Lost, S2070 [4MR]

Credit Card Penalties, Fees Bury Debtors; Senate Nears Action on Bankruptcy Curbs, H2071-H2073 [14AP]

Judges Say Overhaul Would Weaken Bankruptcy System, H2062 [14AP]

Proposed Law on Bankruptcy Has Loophole, S1993 [3MR]

Bills and resolutions

Bankruptcy: exempt from means testing certain National Guard and Reserve members (see H.R. 1860), H2549 [26AP] (see H.R. 2060), H2879 [3MY]

Effective date: delay (see H.R. 3662), H7673 [6SE]

Enact (see S. 256), S739 [1FE]

Enact (S. 256): consideration (see H. Res. 211), H1967 [13AP]

Cloture motions

Enact (S. 256), S2053 [4MR], S2216 [8MR]

Letters

Bankruptcy attorneys' liability and administrative burdens: Thomas R. Schuck, Federal Bar Association, S2316 [9MR]

Bankruptcy protection for victims of domestic violence by granting relief from summary eviction from rental housing: Jill Morris, National Coalition Against Domestic Violence, S2230 [8MR]

———several domestic violence organizations, S2229 [8MR]

Exempt from bankruptcy means testing certain National Guard and Reserve members: Joseph A. Violante, DAV, H2075 [14AP]

Federal homestead floor exemption from bankruptcy filings by senior citizens: David Certner, AARP, S1830 [1MR]

Medical debt of individuals who file for bankruptcy protection: several medical and law professors, S6010 [26MY]

———William E. Moschella, Dept. of Justice, S2078 [4MR]

Modify definition of disinterested person in the bankruptcy code relative to conflict-of-interest standards: William H. Donaldson, SEC, S2330 [9MR]

———several consumer organizations, S2329 [9MR]

Prevent certain employee retention bonuses during bankruptcy reorganizations: Association of Insolvency and Restructuring Advisors, S2341 [9MR]

Prevent unsecured creditors from attempting to collect accruing interest and additional fees from consumers entering into credit counseling consolidated payment plans: several consumer organizations, S2313 [9MR]

Protect employees and retirees from corporate practices that deprive them of earnings and retirement savings when businesses file for bankruptcy: William Samuel, AFL-CIO, S1989 [3MR]

———several consumer organizations, S1989 [3MR]

Provisions: Association of Insolvency and Restructuring Advisors, H2051 [14AP]

———Deborah Cutler-Ortiz, Children's Defense Fund (organization), S2227 [8MR], S2408 [10MR]

———Lisalyn R. Jacobs, Legal Momentum (organization), H1983 [14AP]

———Margot Bean, National Child Support Enforcement Association, H1982 [14AP]

———Nancy Duff Campbell, Marcia Greenberger, and Joan Entmacher, National Women's Law Center, S1839 [1MR], S2226 [8MR], H1982 [14AP]

———Physicians for a National Health Program (organization), S1840 [1MR]

———several bankruptcy and commercial law professors, H1984-H1986 [14AP]

———several financial institutions and associations, S1840 [1MR]

———Wade Henderson and Nancy Dirkin, Leadership Conference on Civil Rights, H1983 [14AP]

———Willard P. Ogburn and John Rao, National Consumer Law Center, Inc., S1839 [1MR]

Reform rules governing venue in bankruptcy cases to combat forum shopping by corporate debtors: Travis B. Plunkett, Consumer Federation of America, S1909 [2MR]

———several State attorneys general, S1903 [2MR]

Restrict access to certain personal information in bankruptcy documents: Leonidas R. Mecham, Judicial Conference of the U.S., S1851 [1MR]

Lists

Amendments made in order to bankruptcy bills—105th-109th Congress, H1979 [14AP]

Amendments to S. 256, provisions, submitted to the Committee on Rules (House) and denied consideration by the rule, H1976 [14AP]

Organizations supporting Dodd amendment to S. 256, provisions, to protect assets necessary for the financial support of children, S2310 [9MR]

Motions

Enact (S. 256), H2074 [14AP]

Press releases

Harvard Study Shows Legislation a Danger to Millions Bankrupted by Medical Bills: Physicians for a National Health Program (organization), S1840 [1MR]

Remarks in House

Bankruptcy: establish a Federal homestead exemption for debtors whose financial situations were caused by serious medical problems, H2059 [14AP]

———exempt from means testing certain National Guard and Reserve members, H2074, H2075 [14AP]

———exempt from means testing debtors whose financial situations were caused by identity theft, H1978, H1990 [14AP]

———exempt from means testing debtors whose financial situations were caused by serious medical problems, H2055, H2059 [14AP]

———exempt from means testing income from any job in which the debtor is no longer employed and income from any employment in which he can no longer engage due to medical disability, H1979, H1980 [14AP]

———exempt means testing, disallow claims on certain high-cost loans, and establish Federal homestead and personal property exemptions for servicemen, veterans, and spouses of those who die in military service, H2059, H2060 [14AP]

———increase payments of wages and benefits to employees and require payment to retirees for lost health benefits by companies filing for bankruptcy, H2065 [14AP]

———prevent creditors from employing involuntary bankruptcy actions relative to certain liability claims, E677 [18AP]

———protect assets necessary for the financial support of children, H1981, H1982 [14AP]

———protect victims of domestic violence by granting relief from summary eviction from their homes, H2060 [14AP]

———reform homestead exemptions protecting homes from bankruptcy filings, H2059 [14AP]

———waive credit counseling fees of servicemembers returning from a combat area, H2060 [14AP]

Credit: require underage consumers to demonstrate ability to pay, complete a certified counseling credit course, or submit a cosigned application prior to extension of credit, H2060 [14AP]

Credit cards: prohibit issuers from increasing interest rates of consumers which incur medical expenses and have difficulty repaying in a timely manner, H1975 [14AP]

Enact (S. 256), H1606 [16MR], H1856 [12AP], H1946 [13AP], H1993, H2062-H2077, H2084, H2086 [14AP], H2631 [27AP], E623 [12AP], E677 [18AP], E699, E704 [19AP], E737 [22AP], E754 [25AP], E838 [2MY]

———consideration (H. Res. 211), H1974 [14AP]

Remarks in Senate

Bankruptcy: clarify treatment of debtors with serious medical conditons, servicemen called to active duty, and low income veterans, S1845-S1850, S1852-S1854 [1MR], S1907, S1913-S1915 [2MR]

———disallow claims against certain underage individuals, S2309, S2310, S2312 [9MR]

———establish a Federal homestead exemption for debtors whose financial situations were caused by serious medical problems, S1895-S1900, S1906, S1907, S1924 [2MR], S2324 [9MR]

———establish a Federal homestead floor exemption for senior citizens, S1829-S1831 [1MR], S1892-S1894 [2MR]

———exempt from means testing debtors who are disabled veterans whose indebtedness occurred primarily during a period of military service, S2427 [10MR]

———exempt from means testing debtors whose financial situations were caused by failure to receive alimony or child support, S2322 [9MR], S2416 [10MR]

———exempt from means testing debtors whose financial situations were caused by identity theft, S1918-S1920 [2MR], S1982 [3MR]

———exempt from means testing debtors whose financial situations were caused by serious medical problems, S1895-S1900, S1907, S1913, S1923 [2MR], S2203 [8MR], S2324 [9MR]

———exempt from means testing debtors whose income falls below the median income level, S2217-S2221 [8MR], S2307, S2311 [9MR]

———exempt from means testing economically distressed caregivers to ill or disabled family members, S1923, S1924, S1925 [2MR]

———exempt from means testing income from any job in which the debtor is no longer employed and income from any employment in which he can no longer engage due to medical disability, S2323 [9MR], S2416 [10MR]

———exempt means testing, disallow claims on certain high-cost loans, and establish Federal homestead and personal property exemptions for servicemen, veterans, and spouses of those who die in military service, S1823-S1828, S1841, S1844-S1850, S1852-S1854 [1MR], S1907, S1926 [2MR], S2203 [8MR]

———impact of laws on women and children, S2463-S2465 [10MR]

———impact of legislative changes on senior citizens, S1905 [2MR]

———impose nondischargeable sanctions on debtors who falsify schedules, enforce rules sanctioning attorney misconduct, and maintain existing laws regarding reaffirmation agreements, S2319 [9MR]

———increase accrual period for employee wage priority, S2307, S2311, S2312 [9MR]

———increase certain filing fees, S1985 [3MR]

———increase payments of wages and benefits to employees and require payment to retirees for lost health benefits by companies filing for bankruptcy, S1905, S1926 [2MR], S1994, S1995 [3MR]

———limit exemption for asset protection trusts, S1980, S1981, S1991-S1994 [3MR], S2138, S2139 [7MR], S2427 [10MR]

———modify definition of disinterested person in the bankruptcy code relative to conflict-of-interest standards, S2328-S2334, S2336, S2337 [9MR], S2424-S2426 [10MR]

———nondischargeability of debts incurred as a result of abortion clinic protests, S2203-S2215 [8MR]

———preserve existing protections for economically distressed caregivers to ill or disabled family members, S1908 [2MR]

———prevent courts from dismissing companies' Coal Act obligations to pay workers promised benefits, S1905, S1906 [2MR], S2331, S2332 [9MR]

———prevent unsecured creditors from attempting to collect accruing interest and additional fees from consumers entering into credit counseling consolidated payment plans, S2313 [9MR], S2417 [10MR]

———protect assets necessary for the financial support of children, S2223-S2227 [8MR], S2310, S2311, S2325 [9MR]

———protect employees and retirees from corporate practices that deprive them of earnings and retirement savings when businesses file for bankruptcy, S1986-S1991, S1995 [3MR]

———protect victims of domestic violence by granting relief from summary eviction from rental housing, S2229 [8MR]

———reform homestead exemptions protecting homes from bankruptcy filings, S1821, S1822, S1831 [1MR], S2321, S2325, S2341 [9MR]

———reform rules governing venue in bankruptcy cases to combat forum shopping by corporate debtors, S1902 [2MR]

———reform small business regulations, S2221-S2223, S2228 [8MR]

———restrict access to certain personal information in bankruptcy documents, S1850-S1852 [1MR], S2139-S2141 [7MR]

Committee on War and Reconstruction Contracting (Senate, Special): establish, S1983, S1984 [3MR]

Consumers: require enhanced disclosure regarding the consequences of making only minimum required payments in the repayment of credit card debt, S1834 [1MR], S1894, S1912, S1913, S1915 [2MR], S2210, S2230 [8MR]

Credit: limit amount of interest that can be charged on any credit extension, S1910 [2MR], S1979, S1981, S1982 [3MR], S2210 [8MR]

———require notice of rate increases and prohibit retroactive increases, S2074 [4MR]

———require underage consumers to demonstrate ability to pay, complete a certified counseling credit course, or submit a cosigned application prior to extension of credit, S2073, S2075 [4MR]

Credit cards: prohibit issuers from increasing a consumers interest rate based on credit information unrelated to transactions with the consumer, S1984 [3MR]

Enact (S. 256), S1725-S1783, S1785-S1788 [28FE], S1813-S1815, S1818-S1831, S1834-S1857 [1MR], S1892-S1915, S1918-S1927 [2MR], S1979-S1997 [3MR], S2053-S2056, S2069-S2078 [4MR], S2111, S2113-S2143 [7MR], S2199-S2230 [8MR], S2306-S2342 [9MR], S2406-S2408, S2415-S2417, S2420-S2422, S2424-S2428, S2459-S2474 [10MR], S2515-S2517 [11MR], S6010 [26MY]

———unanimous-consent agreement, S1889 [2MR], S2098 [4MR], S2229 [8MR]

Libby, MT: require vermiculite mining companies to establish a medical trust fund for treating asbestos-related illnesses before emerging from bankruptcy, S2055 [4MR], S2215 [8MR]

Minimum wage: level, S1980, S1981 [3MR], S2113-S2133, S2134 [7MR]

Warren, Elizabeth: results of study on medical bankruptcies, S1996 [3MR]

Reports filed

Consideration of S. 256, Provisions: Committee on Rules (House) (H. Res. 211) (H. Rept. 109-43), H1967 [13AP]

Provisions: Committee on the Judiciary (Senate) (S. 256), S1620 [17FE]

Statements

Provisions: Arkadi Kuhlmann, ING DIRECT (financial institution), H2071 [14AP]

———Marshall Wolf, ABA, H1983 [14AP]

Studies

Illness and Injury as Contributors to Bankruptcy: David U. Himmelstein, Elizabeth Warren, Deborah Thorne, and Steffie Woolhandler, H2056-H2058 [14AP]

Summaries

Provisions (S. 256), H2048 [14AP]

Testimonies

Provisions, H2054 [14AP]

Texts of

S. 256, provisions, S768-S821 [1FE], S1726-S1779 [28FE], S2531-S2584 [11MR], H1993-H2047 [14AP]