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) 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.

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3 official files

• Introduced in House (text)

  Introduced in House · EN · 3 May 2005

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• Introduced in House (PDF)

  Introduced in House · EN · 3 May 2005

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• Introduced in House

  summary · EN · 3 May 2005

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