BANKRUPTCY

Amendments

Laws: amend (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]

———amend (S. 256), consideration (H. Res. 211), H1991 [14AP]

Articles and editorials

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

Credit Card Penalties, Fees Bury Debtors, S2124 [7MR]

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

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

Pension Loopholes Helped United Hide Troubles, H4163 [7JN]

W.R. Grace Indicted in Libby Asbestos Deaths—Mine Company and Seven Executives Face Criminal Charges, S1102 [8FE]

Bills and resolutions

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

Aviation: require air carriers to honor tickets for bankrupt air service (see H.R. 89), H74 [4JA]

Bankruptcy Abuse Prevention and Consumer Protection Act: delay effective date (see H.R. 3662), H7673 [6SE]

California: provide an additional bankruptcy judge for the eastern district (see H.R. 684), H521 [9FE]

Claims: establish a priority for the payment of claims for duties paid to the U.S. by licensed customs brokers and sureties on behalf of a debtor (see H.R. 1294), H1506 [15MR]

Coal Act: prevent courts from dismissing companies' obligations to pay workers promised benefits (see S. 594), S2482 [10MR]

Consumers: limit claims in bankruptcy by certain unsecured creditors (see S. 1879), S11422 [17OC]

———require enhanced disclosure regarding the consequences of making only minimum required payments in the repayment of credit card debt (see S. 393), S1513 [16FE] (see H.R. 3852), H8247 [21SE]

Courts: amend laws relative to avoidable preferences and venue for proceedings to avoid preferences (see H.R. 4296), H10156 [10NO]

———provide fair and efficient judicial consideration of personal injury and wrongful death claims due to asbestos exposure and ensure fair compensation for harm caused by asbestos exposure (see S. 852), S3897 [19AP] (see H.R. 1360), H1690 [17MR]

———provide fair and efficient judicial consideration of personal injury and wrongful death claims due to asbestos or silica exposure and ensure fair compensation for harm caused by asbestos or silica exposure (see H.R. 1957), H2734 [28AP]

———reform rules governing venue in bankruptcy cases to combat forum shopping by corporate debtors (see S. 314), S1115 [8FE]

Credit: exclude medically distressed debtors from means testing and require certain disclosures in connection with credit card applications and solicitations (see H.R. 2201), H3055 [5MY]

———require credit card issuers to apply low interest rates to credit extended to pay certain medical expenses and prohibit hospitals from immediately reporting patients who are delinquent with payment (see H.R. 1238), H1369 [10MR]

Disasters: provide relief relative to disaster-related debts incurred by victims of Hurricane Katrina and other natural disasters (see S. 1647), S9833 [8SE] (see S. 1787), S10594 [28SE] (see H.R. 3697), H7812 [8SE]

ERISA: impose a moratorium on terminations of certain plans in cases in which reorganization of contributing sponsors is sought in bankruptcy or insolvency proceedings (see S. 1158), S6022 [26MY] (see H.R. 2327), H3260 [12MY]

Government regulations: limit exemption for asset protection trusts (see H.R. 1278), H1416 [14MR]

Income: increase amount of claims for income given priority in bankruptcy and provide cash payments to retirees for lost health benefits from bankruptcy of their former employer (see S. 329), S1198 [9FE]

———provide fair treatment of employee benefits (see H.R. 4590), H12048 [16DE]

Laws: amend (see S. 256), S739 [1FE] (see H.R. 685), H521 [9FE]

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

Mining and mineral resources: protect labor rights of current and former employees of coal industry employers that are debtors (see H.R. 1367), H1691 [17MR]

Pensions: limit availability of benefits under nonqualified deferred compensation plans subject to distress or termination resulting from bankruptcy reorganization or conversion to cash balance plan (see S. 991), S4869 [10MY] (see H.R. 2233), H3112 [10MY]

Taxation: make the additional tax on early distributions from certain pension plans inapplicable for certain employees due to facility closures, employers in bankruptcy, or plan termination proceedings (see H.R. 4193), H9472 [1NO]

———provide that employees of certain companies seeking bankruptcy protection are eligible for the health coverage tax credit (see H.R. 4385), H10909 [17NO]

———treatment of tax attributes in connection with a discharge of indebtedness in a bankruptcy case of a company having asbestos-related claims against it (see H.R. 3533), H7557 [28JY]

Cloture motions

Laws: amend (S. 256), S2053 [4MR], S2216 [8MR]

Letters

Bankruptcy Abuse Prevention and Consumer Protection Act: 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]

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]

Credit Card Minimum Payment Warning Act: several consumer organizations, S1518 [16FE]

Fairness in Asbestos Injury Resolution (FAIR) Act: Alan Reuther, UAW, S3939 [19AP]

———Barry B. Direnfeld, Asbestos Study Group, S3940 [19AP]

———Senators Specter and Leahy, Committee on the Judiciary (Senate), S7287-S7289 [23JN]

———several veterans' organizations, S3940 [19AP]

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]

Reform rules governing venue in bankruptcy cases to combat forum shopping by corporate debtors: Berry D. Spears, S1128 [8FE]

———Commercial Law League of America, S1127 [8FE]

———Corinne Cooper, S1128 [8FE]

———Elizabeth Warren, S1127 [8FE]

———Greg Abbott, Texas Attorney General, S1126 [8FE]

———Jay L. Westbrook and Benno C. Schmidt, S1128 [8FE]

———L.E. Creel III, S1128 [8FE]

———Lynn M. LoPucki, S1128 [8FE]

———Robin Schausell, National Association of Credit Management, S1129 [8FE]

———Russell L. Munsch, S1129 [8FE]

———Scott Harshbarger, S1127 [8FE]

———Travis B. Plunkett, Consumer Federation of America, S1909 [2MR]

———William Greendyke, S1129 [8FE]

———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]

United Airlines, Inc., pension plan termination: Carolyn A. Rosenberg, H4282 [8JN]

———James P. Lattimer, H4285 [8JN]

———Leola Robinson, H4285 [8JN]

Lists

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

Amendments to S. 256, Bankruptcy Abuse Prevention and Consumer Protection Act, submitted to the Committee on Rules (House) and denied consideration by the rule, H1976 [14AP]

Organizations supporting Dodd amendment to S. 256, Bankruptcy Abuse Prevention and Consumer Protection Act, to protect assets necessary for the financial support of children, S2310 [9MR]

Motions

Laws: amend (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]

Proposals

Fairness in Asbestos Injury Resolution (FAIR) Act, S1013-S1042 [7FE]

Remarks in House

Armed Forces: exempt from means testing certain National Guard and Reserve members, H2074, H2075 [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]

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

Aviation: comprehensive airline pension reform, H8062 [15SE], H11756, H11757, H11758, H11760, H11761 [15DE]

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

Children and youth: protect assets necessary for the financial support of children, H1981, H1982 [14AP]

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

Congress: accomplishments of the 109th Congress, H4076 [26MY], H4901 [22JN], H5595 [30JN], H6555 [26JY]

Courts: provide fair and efficient judicial consideration of personal injury and wrongful death claims due to asbestos exposure and ensure fair compensation for harm caused by asbestos exposure (H.R. 1360), E506 [17MR]

Credit: require credit card issuers to apply low interest rates to credit extended to pay certain medical expenses and prohibit hospitals from immediately reporting patients who are delinquent with payment (H.R. 1238), E418 [10MR]

———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]

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

Disasters: provide relief relative to disaster-related debts incurred by victims of Hurricane Katrina and other natural disasters (H.R. 3697), E1803 [8SE]

Employment: 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]

ERISA: impose a moratorium on terminations of certain plans in cases in which reorganization of contributing sponsors is sought in bankruptcy or insolvency proceedings, H4903 [22JN]

———impose a moratorium on terminations of certain plans in cases in which reorganization of contributing sponsors is sought in bankruptcy or insolvency proceedings (H.R. 2327), H4160 [7JN]

Government regulations: limit exemption for asset protection trusts (H.R. 1278), H1407 [14MR]

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

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

Income: protect employees and retirees from corporate practices that deprive them of earnings and retirement savings when businesses file for bankruptcy, H4160, H4162 [7JN], H4277-H4285 [8JN], H4564 [16JN], H6207 [21JY], H8134 [20SE], H9350 [27OC]

Laws: amend (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]

———amend (S. 256), consideration (H. Res. 211), H1974 [14AP]

Pension Benefit Guaranty Corp.: prohibit use of funds to administer agreement with United Airlines, Inc., to terminate the company's pension plan, H5114-H5117 [24JN]

———protect employees and retirees from corporate practices that deprive them of earnings and retirement savings when businesses file for bankruptcy, H10013-H10017 [8NO], H11759 [15DE]

Pensions: limit availability of benefits under nonqualified deferred compensation plans subject to distress or termination resulting from bankruptcy reorganization or conversion to cash balance plan (H.R. 2233), E923 [10MY]

Real estate: reform homestead exemptions protecting homes from bankruptcy filings, H2059 [14AP]

Republican Party: national agenda, H3118 [11MY], H4874-H4880 [21JN]

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

Remarks in Senate

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

Armed Forces: 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]

Business and industry: increase accrual period for employee wage priority, S2307, S2311, S2312 [9MR]

———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]

Children and youth: disallow claims against certain underage individuals, S2309, S2310, S2312 [9MR]

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

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

———prevent courts from dismissing companies' obligations to pay workers promised benefits (S. 594), S2487 [10MR], S2967 [17MR]

Congress: accomplishments of the 109th Congress, S6076 [6JN], S7880 [1JY], S8204 [13JY], S8332, S8375-S8377 [15JY], S9249, S9319 [28JY], S9418 [29JY], S13408 [18NO]

Consumers: discourage predatory mortgage lending practices, S1920-S1922 [2MR]

———limit claims in bankruptcy by certain unsecured creditors (S. 1879), S11437, S11439 [17OC]

———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]

———require enhanced disclosure regarding the consequences of making only minimum required payments in the repayment of credit card debt (S. 393), S1518, S1519 [16FE]

Courts: 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]

———provide fair and efficient judicial consideration of personal injury and wrongful death claims due to asbestos exposure and ensure fair compensation for harm caused by asbestos exposure, S12 [4JA], S1009-S1042 [7FE], S1101 [8FE]

———provide fair and efficient judicial consideration of personal injury and wrongful death claims due to asbestos exposure and ensure fair compensation for harm caused by asbestos exposure (S. 852), S3905-S3941 [19AP], S5493 [19MY], S6278 [9JN], S7287 [23JN], S12873, S12875 [16NO], S13483 [13DE]

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

———reform rules governing venue in bankruptcy cases to combat forum shopping by corporate debtors (S. 314), S1125 [8FE]

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

———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]

———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]

———reform regulations, S2515 [11MR]

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

Democratic Party: national agenda, S11750-S11753 [24OC]

Disasters: provide relief relative to disaster-related debts incurred by victims of Hurricane Katrina and other natural disasters (S. 1647), S9850 [8SE]

Employment: 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]

ERISA: impose a moratorium on terminations of certain plans in cases in which reorganization of contributing sponsors is sought in bankruptcy or insolvency proceedings (S. 1158), S6054 [26MY]

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

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

Government regulations: increase certain filing fees, S1985 [3MR]

———limit exemption for asset protection trusts, S1980, S1981, S1991, S1993-S1994 [3MR], 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]

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

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

Hurricanes: provide financial relief to individuals and entities affected by Hurricane Katrina, S9887 [9SE], S10071 [15SE]

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

———increase amount of claims for income given priority in bankruptcy and provide cash payments to retirees for lost health benefits from bankruptcy of their former employer (S. 329), S1203 [9FE]

———limit exemption for asset protection trusts, S2138, S2139 [7MR]

———protect employees and retirees from corporate practices that deprive them of earnings and retirement savings when businesses file for bankruptcy, S1986-S1991, S1995 [3MR], S5049-S5052 [12MY], S5205 [16MY], S9110, S9115 [27JY]

Laws: amend (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]

———amend (S. 256), unanimous-consent agreement, S1889 [2MR], S2098 [4MR], S2229 [8MR]

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

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

Pension Benefit Guaranty Corp.: protect employees and retirees from corporate practices that deprive them of earnings and retirement savings when businesses file for bankruptcy, S12094 [1NO]

Pensions: limit availability of benefits under nonqualified deferred compensation plans subject to distress or termination resulting from bankruptcy reorganization or conversion to cash balance plan (S. 991), S4876 [10MY], S5050 [12MY]

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

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

Senior citizens: establish a Federal homestead floor exemption, S1829-S1831 [1MR], S1892-S1894 [2MR]

———impact of legislative changes, S1905 [2MR]

Small business: reform regulations, S2221-S2223, S2228 [8MR]

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

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

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

Reports filed

Bankruptcy Abuse Prevention and Consumer Protection Act: Committee on the Judiciary (Senate) (S. 256), S1620 [17FE]

Consideration of S. 256, Bankruptcy Abuse Prevention and Consumer Protection Act: Committee on Rules (House) (H. Res. 211) (H. Rept. 109-43), H1967 [13AP]

Fairness in Asbestos Injury Resolution (FAIR) Act: Committee on the Judiciary (Senate) (S. 852), S6740 [16JN]

———Committee on the Judiciary (Senate) (S. 852) (S. Rept. 109-97), S7818 [30JN]

Statements

Bankruptcy Abuse Prevention and Consumer Protection Act: Arkadi Kuhlmann, ING DIRECT (financial institution), H2071 [14AP]

———Marshall Wolf, ABA, H1983 [14AP]

Fairness in Asbestos Injury Resolution (FAIR) Act: John Engler, National Association of Manufacturers, S3940 [19AP]

———Senator Specter, S3906-S3908 [19AP]

Studies

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

Summaries

Bankruptcy Abuse Prevention and Consumer Protection Act (S. 256), H2048 [14AP]

Testimonies

Bankruptcy Abuse Prevention and Consumer Protection Act: Elizabeth Warren, H2054 [14AP]

Texts of

S. 256, Bankruptcy Abuse Prevention and Consumer Protection Act, S768-S821 [1FE], S1726-S1779 [28FE], S2531-S2584 [11MR], H1993-H2047 [14AP]

S. 329, Bankruptcy Fairness Act, S1204 [9FE]

S. 393, Credit Card Minimum Payment Warning Act, S1519 [16FE]

S. 852, Fairness in Asbestos Injury Resolution (FAIR) Act, S3908-S3939 [19AP]

S. 1647, Hurricane Katrina Bankruptcy Relief and Community Protection Act, S9851 [8SE]

S. 1879, Bankruptcy Prevention Credit Counseling Act, S11439 [17OC]