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.

Summary

Amends the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 to declare that, if the following conditions exist, the presumption of abuse guidelines do not apply and the bankruptcy court is prohibited from dismissing or converting a Chapter 7 petition based on any form of means testing: (1) while the debtor is on, and during the 180-day period after release from active duty in the U.S. military service; or (2) while the debtor is performing, and during the 180-day period after the debtor is no longer performing, a homeland defense activity performed for at least 60 days; and (3) and if after September 11, 2001, the debtor was called to active duty or performed homeland defense activity, while a member of a reserve component of the Armed Forces or a member of the National Guard.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 26 April 2005

   Introduced

   Referred to the House Committee on the Judiciary.

   Source: IntroReferral

2. 26 April 2005

   Introduced

   Introduced in House

   Source: IntroReferral

3. 26 April 2005

   Introduced

   Introduced in House

   Source: IntroReferral

4. 6 June 2005

   Referred

   Referred to the Subcommittee on Commercial and Administrative Law.

   Source: Committee

Votes

No vote records are attached yet.

Versions

• Introduced in House · 26 April 2005 · Official file

Documents

3 official files

• Introduced in House (text)

  Introduced in House · EN · 26 April 2005

  ViewDownloadOpen at official source

• Introduced in House (PDF)

  Introduced in House · EN · 26 April 2005

  ViewDownloadOpen at official source

• Introduced in House

  summary · EN · 26 April 2005

  Open at official source

Sponsors

• DANA ROHRABACHER · R · Sponsor
• WALTER JONES · R · Sponsor
• · hsju00 · Standing

Related records

• related to ← 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.