Consumer Bankruptcy Reform Act of 1998

Summary

TABLE OF CONTENTS: Title I: Consumer Bankruptcy Provisions Subtitle A: Needs-Based Bankruptcy Subtitle B: Adequate Protections for Consumers Subtitle C: Adequate Protections for Secured Lenders Subtitle D: Adequate Protections for Unsecured Lenders Subtitle E: Adequate Protections for Lessors Subtitle F: Bankruptcy Relief Less Frequently Available for Repeat Filers Subtitle G: Exemptions Title II: Business Bankruptcy Provisions Subtitle A: General Provisions Subtitle B: Specific Provisions Title III: Municipal Bankruptcy Provisions Title IV: Bankruptcy Administration Subtitle A: General Provisions Subtitle B: Data Provisions Title V: Tax Provisions Title VI: Miscellaneous Bankruptcy Reform Act of 1998 - Title I: Consumer Bankruptcy Provisions - Subtitle A: Needs-Based Bankruptcy - Amends Federal bankruptcy law to prescribe guidelines for a needs-based bankruptcy system which precludes individuals from filing for complete relief in bankruptcy under chapter 7 (Liquidation), if certain current monthly income is available to pay creditors. (Sec. 101) Sets forth formulae for income levels determinative of debtor eligibility for bankruptcy relief. Treats as having income available to pay creditors (and thus eligible for chapter 13 Adjustment of Debts of an Individual with Regular Income) any individual (or in a joint case, an individual and spouse combined) with: (1) a current monthly total income of 75 percent of the national median household income for one earner (or 75 percent of the national median family income for a family of equal size); (2) projected monthly net income greater than $50; and (3) projected monthly net income sufficient to repay 20 percent or more of unsecured non-priority claims during a five-year repayment plan. (Sec. 102) States that a debtor's monthly net income shall be determined by taking the current monthly total income minus: (1) expense allowances under specified "Necessary Expenses"; (2) the average monthly payment on account of secured creditors; and (3) the average monthly payment on account of priority creditors. Provides for adjustment to a chapter 13 debtor's monthly net income for extraordinary circumstances such as loss of income or unusual expenses. (Sec. 103) Revises dismissal guidelines to: (1) permit a motion to dismiss by a party in interest; and (2) convert a case from chapter 7 to chapter 13 (Adjustment of Debts of an Individual with Regular Income) with the debtor's consent, if the court finds that granting relief would be an inappropriate use of chapter 7. States that the court shall determine that an inappropriate use of chapter 7 exists if: (1) the debtor is excluded from chapter 7 by the bankruptcy code; or (2) the totality of the circumstances of the debtor's financial situation demonstrates such inappropriate use. Subtitle B: Adequate Protections for Consumers - Requires notice to a consumer debtor before a case commences of alternatives to bankruptcy, including independent non-profit debt counseling services. (Sec. 112) Instructs the Director of the Executive Office for United States Trustees to: (1) develop a financial management training curriculum and materials for debtors to educate them on how to better manage their finances; and (2) evaluate and report to the Congress on the curriculum's effectiveness. (Sec. 114) Mandates specified notices and disclosures to a debtor by a debt relief counseling agency. (Sec. 115) Sets forth a debtor's bill of rights which such an agency must observe. (Sec. 116) Declares invalid any waiver of debtor protections by the assisted person. Prescribes enforcement guidelines. Subtitle C: Adequate Protections for Secured Lenders - Terminates the automatic stay 30 days after filing of a petition if a chapter 7 petition was pending and dismissed the previous year, unless the subsequent filing is in good faith. Delineates conditions under which a history of previous petitions in bankruptcy give rise to a rebuttable presumption that the case is not filed in good faith. (Sec. 123) Modifies debtor's duties to mandate specified affirmative actions to be taken by a chapter 7 debtor, including reaffirmation of the debt or redemption of the property within 60 days, in order to retain possession of personal property. (Sec. 124) Declares that the automatic stay is terminated regarding property of the bankrupt estate securing a claim or subject to an unexpired lease if the debtor fails to complete an intended surrender of consumer debt collateral within a revised, accelerated time frame. (Sec. 125) Instructs the bankruptcy court to confirm a chapter 13 bankruptcy plan if it provides that the holder of a secured allowed claim retains the attendant lien until payment or discharge of all debts. Provides that, if a chapter 13 proceeding is dismissed or converted without completion of the plan, the holder retains such lien to the extent recognized by applicable nonbankruptcy law. (Sec. 126) Revises automatic stay guidelines to provide that in the case of an individual filing under chapters 7, 11, or 13, the automatic stay shall terminate 60 days after a request for its release by a party in interest, unless the court orders or the parties agree to a longer time. (Sec. 127) Revamps prescriptions governing the effects of conversion from chapter 13 to another chapter. Declares that: (1) valuations of property and of allowed secured claims in a chapter 13 case shall not apply in a chapter 7 case; and (2) with respect to cases converted from chapter 13, the claim of any creditor holding security as of the date of the petition shall continue to be secured by that security unless the full amount of that claim, as determined under applicable nonbankruptcy law has been paid in full as of the date of conversion. States that a prebankruptcy default shall have the effect given under applicable nonbankruptcy law unless it has been fully cured pursuant to the plan at the time of conversion. (Sec. 128) Requires that the value of personal property collateral be at least equal to the outstanding balance of the purchase price, including interest and charges, where the property was acquired by the debtor within 180 days of filing the petition in bankruptcy. (Sec. 129) Declares that, in the case of chapter 7 and chapter 13 debtors, the personal property securing the individual debtor's personal property shall be the replacement value as of the date the petition is filed without deduction for costs of sale or marketing. (Sec. 130) Includes within the definition of a debtor's "principal residence" an individual condominium or cooperative unit, or mobile or manufactured home or trailer. Provides that the inclusion of incidental property in a mortgage on the debtor's principal residence will not disqualify that mortgage from protection under chapter 13. Provides that if the debtor resides in a house the debtor owns during the 180 days before filing, such protection applies. States that the automatic stay will not be violated if a prepetition foreclosure proceeding is postponed during the pendency of a chapter 13 proceeding, so long as any prepetition default remains uncured by actual payment in full according to the plan. Subtitle D: Adequate Protections for Unsecured Lenders - Grants a claim arising from a nondischargeable debt incurred to pay a Federal tax (or any other nondischargeable debt) the same priority as the claim for the underlying obligation which was paid for by such nondischargeable debt. (Sec. 142) Establishes a presumption that consumer debts owed to a single creditor and incurred within 90 days prior to an order for relief in bankruptcy are nondischargeable in bankruptcy. (Sec. 143) Declares embezzlement or fraudulently-incurred debts of individuals nondischargeable in bankruptcy. (Sec. 144) Revises requirements governing a stay of action against a codebtor to provide that: (1) the co-debtor stay would continue to be available when the debtor who borrowed the money sought chapter 13 relief; but (2) if a guarantor or other co-debtor who did not receive the consideration for the creditor's claim filed for relief, the debtor who borrowed the money would not be protected by a stay unless he or she also filed a bankruptcy petition. Declares that the stay shall terminate as to the debtor's interest in personal property if the debtor surrendered or abandoned that property. (Sec. 145) Declares nondischargeable in bankruptcy any debt obtained: (1) through the use of credit cards or other device to access a credit line without a reasonable expectation or ability to repay; or (2) by use of a written statement the debtor caused to be made or published without taking reasonable steps to ensure its accuracy. Subtitle E: Adequate Protection for Lessors - Provides for a chapter 7 debtor's assumption of executory contracts and unexpired leases. Declares that in a chapter 11 case in which the debtor is an individual, and in a chapter 13 case, if the lease is not assumed in the plan, it is rejected (and no longer subject to an automatic stay) as of the plan's confirmation date. (Sec. 162) Delineates a cash payment plan for chapter 13 debtors for payments to any lessor of personal property and to any creditor holding a claim secured by personal property to the extent such claim is attributable to the debtor's purchase of such property. (Sec. 163) Repeals the limitation to nonresidential real property (thus applying to all real property, including residential) the exception to the automatic stay for any act by a lessor to the debtor to obtain possession of real property under a lease that has terminated by the expiration of its stated term before the commencement of or during a bankruptcy case. Subtitle F: Bankruptcy Relief Less Frequently Available for Repeat Filers - Extends the mandatory period between discharges in bankruptcy from six to ten years for chapter 7 debtors. Sets five years as the mandatory period between discharges for chapter 13 debt repayment plans. Subtitle G: Exemptions - Increases from 180 to 365 days the length of a debtor's location of domicile for purposes of determining which State law governs the debtor's selection of property exempt from the bankrupt estate. Title II: Business Bankruptcy Provisions - Subtitle A: General Provisions - Prohibits the bankruptcy court from appointing any person to examine any request for compensation or reimbursement to bankruptcy officers. (Sec. 202) Exempts from the proscription against fee splitting any sharing of compensation with a bona fide public service attorney referral program operating in accordance with non-Federal law regulating attorney referral services and with rules of professional responsibility applicable to attorney acceptance of referrals. (Sec. 203) Amends the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 to repeal its repeal of Chapter 12 (Adjustment of Debts of a Family Farmer with Regular Annual Income), thus permanently extending chapter 12 bankruptcy protection for family farmers. (Sec. 204) Authorizes the bankruptcy court, upon request of a party in interest, to: (1) order that the U.S. trustee not convene a meeting of creditors or equity security holders if the debtor has filed a plan for which acceptances have been solicited before commencement of the case; and (2) order a change in the membership of such a committee to ensure adequate representation of creditors or equity security holders. (Sec. 206) States that acceptance or rejection of a chapter 11 (business reorganization) plan may be solicited from a holder of a claim or interest if: (1) the solicitation complies with applicable nonbankruptcy law; and (2) it was made before commencement of the case in a manner complying with applicable nonbankruptcy law. (Sec. 207) Prohibits the bankruptcy trustee from avoiding a transfer if, in a case filed by a debtor whose debts are not primarily consumer debts, the aggregate value of all property that constitutes or is affected by such transfer is less than $5,000. (Sec. 208) Amends the Federal judicial code to state that a bankruptcy trustee may commence a proceeding or a case related to a bankruptcy case to recover a nonconsumer debt against a noninsider of less than $10,000. (Sec. 209) Extends from 60 days to 120 days the period in which the bankruptcy trustee may assume or reject unexpired leases of nonresidential real property under which the debtor is the lessee. Prohibits the bankruptcy court from extending such period beyond the date the plan is confirmed. Subtitle B: Specific Provisions - Chapter 1: Small Business Bankruptcy - Prescribes guidelines for small business reorganization plans and attendant disclosure statements. (Sec. 233) Directs the Advisory Committee on Bankruptcy Rules of the Judicial Conference of the United States to propose for adoption: (1) standard form disclosure statements and plans of reorganization for small business debtors; and (2) amended Federal Rules of Bankruptcy Procedure and Official Bankruptcy Forms for such debtors. (Sec. 234) Sets forth the duties, reporting requirements, and administrative procedures in small business reorganization cases, including serial filer provisions and expanded grounds for dismissal or conversion and appointment of a trustee. Chapter 2: Single Asset Real Estate - Sets forth the parameters for plan confirmation for a debtor holding single asset real estate. Title III: Municipal Bankruptcy Provisions - Makes technical amendments to requirements for a municipal bankruptcy petition. Title IV: Bankruptcy Administration - Subtitle A: General Provisions - Revises guidelines governing meetings of creditors and equity security holders to provide that if the debtor is an individual in a voluntary case under chapters 7, 11, or 13, the first meeting of creditors shall not convene earlier than 60 days after the date of the order for relief in bankruptcy, unless the court determines that unusual circumstances justify an earlier meeting. Authorizes a creditor holding a consumer debt to participate in a meeting of creditors in a chapter 7 or 13 case, either alone or in conjunction with an attorney. (Sec. 404) Requires each U.S. trustee to report to the Attorney General on audit results of bankruptcy petitions and schedules performed by independent certified or licensed public accountants. Requires the Attorney General to establish random audits of individual bankruptcy cases under chapter 11. (Sec. 405) Prescribes notice procedures for chapter 7 and chapter 13 creditors. (Sec. 407) Expands debtor's duties to require filing with the bankruptcy court: (1) all tax returns; (2) evidence of payments received; (3) monthly net income projections; and (4) anticipated debt or expenditure increases. Permits a chapter 7 or chapter 13 creditor to request the debtor's petition, schedules, and statement of affairs, including the debt adjustment plan filed by the debtor. Mandates debtor compliance within ten days of such request. Mandates that, at the time of filing with the taxing authority, a chapter 7 or 13 debtor file with the bankruptcy court specified tax documentation pertaining to the period from case commencement until case termination. Requires a chapter 13 debtor to file with the court a statement of income and expenditures in the preceding tax year, and monthly net income, showing how calculated. (Sec. 408) Provides for automatic dismissal if a chapter 7 debtor fails to furnish all mandatory information, or fails to timely file the requisite schedules. Requires the court to order dismissal within five days of a request by a party in interest for the debtor's failure to timely submit requisite documentation. (Sec. 409) Prohibits a Chapter 13 confirmation hearing from being held less than 20 days after the first meeting of creditors if there is an objection. (Sec. 410) Revises the current three-to-five-year length of a payment plan to set a maximum five year payment period under a chapter 13 plan for any individual debtor (or in a joint case, an individual and spouse combined) with a current monthly total income of 75 percent of the national median household income for one earner (or 75 percent of the national median family income for a family of equal size). Permits the court to approve a longer period, not to exceed seven years. Reserves the current three-to-five-year payment period to cases involving debtors (or in a joint case, an individual and spouse combined) with a current monthly total income of less than 75 percent of the national median household income for one earner (or 75 percent of the national median family income for a family of equal size). Revises the maximum duration for a plan modified after confirmation. (Sec. 411) Expresses the sense of the Congress that rule 9011 of the Federal Rules of Bankruptcy Procedure should include a requirement that all debtors' documents be submitted to the court only after debtors have made reasonable inquiry to verify that all information therein is well grounded in fact, and warranted by existing law or a good faith argument for extension, modification or reversal of existing law. (Sec. 412) Amends the Federal judicial code to confer upon the courts of appeals appellate jurisdiction pertaining to designated bankruptcy appeals. Subtitle B: Data Provisions - Modifies the organization of bankruptcy courts to require the Director of the Executive Office for United States Trustees to compile bankruptcy statistics for individual debtors with primarily consumer debts seeking relief under chapters 7, 11, and 13. Directs the Administrative Office of the United States Courts (Administrative Office) to make such statistics public and to report them annually to the Congress. (Sec. 442) Instructs the Attorney General to promulgate requirements for uniform forms for: (1) final reports by trustees in cases under chapters 7, 12, and 13; and (2) periodic reports by chapter 11 debtors or trustees in possession. Prescribes report contents. (Sec. 443) Expresses the sense of the Congress that the national policy should be that: (1) all data held in electronic form by bankruptcy clerks should be released in electronic form to the public on demand; and (2) a bankruptcy data system should be established in which a single set of data definitions are used to collect data nationwide, and in which all data for any particular bankruptcy case are aggregated in the same electronic record. Title V: Tax Provisions - Amends the bankruptcy code to modify the treatment of certain tax liens. (Sec. 502) Provides that property that is exempt from the estate in bankruptcy is liable for specified debts, including taxes, customs duties, and child and spousal support and maintenance. (Sec. 503) Requires a debtor indebted to a governmental unit to furnish specified information concerning such debt, including the underlying basis for the governmental unit's claim. Requires the Advisory Committee on Bankruptcy Rules of the Judicial Conference to propose for adoption enhanced rules for providing notice to Federal, State, and local government units that have regulatory authority over the debtor or which may be creditors in the debtor's case. (Sec. 505) Prescribes the rate of interest to which the holder of a claim for taxes arising before the order for relief is entitled, if such holder is also entitled to receive interest on such claim. (Sec. 506) Revises the specifications for income tax claims receiving eighth priority (allowed unsecured claims of governmental units). Provides for tolling of the time periods covering such tax claims for stays of proceedings in a prior bankruptcy case and the pendency or effect of offers in compromise or installment agreements. (Sec. 509) States that confirmation of a bankruptcy plan does not discharge a corporate debtor from any debt for a tax or customs duty with respect to which the debtor made a fraudulent return or willfully attempted to evade or defeat such tax. (Sec. 510) Amends the automatic stay of United States Tax Court proceedings concerning the debtor to restrict such stay to tax liability for a taxable period ending before the order for relief. States that the filing of a bankruptcy petition does not operate as a stay of an appeal from a judicial or administrative determination of the debtor's tax liability. (Sec. 511) Includes among the requirements for court confirmation of a chapter 11 bankruptcy plan which includes tax claims, that the debtor, at the minimum, make deferred cash payments in quarterly installments designed to pay at least 15 percent of such claims in each of the first five years, and no more than 20 percent of the claims in the final year of the plan. (Sec. 512) Prohibits the avoidance of statutory tax liens by certain purchasers. (Sec. 513) Amends the Federal judicial code to require officers and agents conducting business under court authority to pay all Federal, State, and local taxes when due in the course of the bankrupt business, unless it is a property tax secured by a lien against property of the estate which is abandoned by the bankruptcy trustee. Allows for the payment from a debtor's estate of property taxes for which liability is in rem, in personam, or both (ad valorem taxes). States that a governmental unit shall not be reuired to file a request for payment of such administrative expense taxes. (Sec. 514) Requires as a condition for payment of tardily filed priority tax claims that they be filed before the date on which the court approves the trustee's final report and accounting (currently, before the trustee commences distribution of the estate). (Sec. 516) Declares that an estate's liability for unpaid taxes is discharged upon payment of such tax according to certain requirements. (Sec. 517) Conditions court confirmation of a chapter 13 bankruptcy plan upon filing by the debtor: (1) of all prepetition tax returns; and (2) before the day on which the first meeting of the creditors is convened, of all tax returns for taxable periods ending in the six-year period that ends on the date of the filing of the petition. Authorizes the court to dismiss a plan, or to convert the case to a case under chapter 7, if a chapter 13 debtor fails to comply with such timeframe. Expresses the sense of the Congress that the Advisory Committee on Bankruptcy Rules of the Judicial Conference should propose for adoption amended Federal Rules of Bankruptcy Procedure pertaining to objections to tax claims and to plan confirmation. (Sec. 518) Redefines "adequate disclosure," for postpetition disclosure and solicitation purposes, to include full discussion of the potential material Federal and State tax consequences of the plan to the debtor and to a hypothetical investor typical of the holders of claims or interests in the case. (Sec. 519) Denies an automatic stay, unless specified conditions are met, to the setoff of an income tax refund for a taxable period which ended before the order for relief against an income tax liability for a taxable period which also ended before the order for relief. Title VI: Miscellaneous - Sets forth technical amendments to reflect the changes made by this Act.

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

Timeline

1. 3 February 1998

   Introduced

   Referred to the House Committee on the Judiciary.

   Source: IntroReferral

2. 3 February 1998

   Introduced

   Introduced in House

   Source: IntroReferral

3. 3 February 1998

   Introduced

   Introduced in House

   Source: IntroReferral

4. 4 February 1998

   Introduced

   Sponsor introductory remarks on measure. (CR E87-89)

   Source: IntroReferral

5. 13 February 1998

   Referred

   Referred to the Subcommittee on Commercial and Administrative Law.

   Source: Committee

6. 10 March 1998

   Committee

   Subcommittee Hearings Held.

   Source: Committee

7. 12 March 1998

   Committee

   Subcommittee Hearings Held.

   Source: Committee

8. 18 March 1998

   Committee

   Subcommittee Hearings Held.

   Source: Committee

9. 19 March 1998

   Committee

   Subcommittee Hearings Held.

   Source: Committee

10. 23 April 1998

    Committee

    Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.

    Source: Committee

11. 23 April 1998

    Committee

    Subcommittee Consideration and Mark-up Session Held.

    Source: Committee

12. 12 May 1998

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

13. 13 May 1998

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

14. 14 May 1998

    Reported

    Ordered to be Reported (Amended) by Voice Vote.

    Source: Committee

15. 14 May 1998

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

16. 18 May 1998

    Calendars

    Placed on the Union Calendar, Calendar No. 306.

    Source: Calendars

17. 18 May 1998

    Reported

    Reported (Amended) by the Committee on Judiciary. H. Rept. 105-540. Filed late, pursuant to previous special order.

    Source: Committee

18. 18 May 1998

    Reported

    Reported (Amended) by the Committee on Judiciary. H. Rept. 105-540. Filed late, pursuant to previous special order.

    Source: Committee

19. 9 June 1998

    Reported

    Rules Committee Resolution H. Res. 462 Reported to House. Rule provides for consideration of H.R. 3150 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. Measure will be read by title. Specified amendments are in order.

    Source: Floor

20. 10 June 1998

    Floor

    Mr. Gekas moved that the Committee rise.

    Source: Floor

21. 10 June 1998

    Floor

    The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 3150.

    Source: Floor

22. 10 June 1998

    Passed

    Motion to reconsider laid on the table Agreed to without objection.

    Source: Floor

23. 10 June 1998

    Vote

    On passage Passed by recorded vote: 306 - 118 (Roll No. 225).

    Source: Floor

24. 10 June 1998

    Vote

    Passed/agreed to in House: On passage Passed by recorded vote: 306 - 118 (Roll No. 225).

    Source: Floor

25. 10 June 1998

    Vote

    On motion to recommit with instructions Failed by recorded vote: 153 - 270 (Roll No. 224). (consideration: CR H4442)

    Source: Floor

26. 10 June 1998

    Floor

    Mr. Conyers moved to recommit with instructions to Judiciary.

    Source: Floor

27. 10 June 1998

    Passed

    The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.

    Source: Floor

28. 10 June 1998

    Floor

    The previous question was ordered pursuant to the rule.

    Source: Floor

29. 10 June 1998

    Floor

    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3150.

    Source: Floor

30. 10 June 1998

    Floor

    The House resolved into Committee of the Whole House on the state of the Union for further consideration.

    Source: Floor

31. 10 June 1998

    Floor

    Committee of the Whole House on the state of the Union rises leaving H.R. 3150 as unfinished business.

    Source: Floor

32. 10 June 1998

    Passed

    On motion that the Committee rise Agreed to by voice vote.

    Source: Floor

33. 10 June 1998

    Floor

    Rule provides for consideration of H.R. 3150 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. Measure will be read by title. Specified amendments are in order.

    Source: Floor

34. 10 June 1998

    Floor

    The Speaker designated the Honorable Dan Miller to act as Chairman of the Committee.

    Source: Floor

35. 10 June 1998

    Floor

    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 462 and Rule XXIII.

    Source: Floor

36. 10 June 1998

    Floor

    Considered under the provisions of rule H. Res. 462. (consideration: CR H4354-4443)

    Source: Floor

37. 10 June 1998

    Passed

    Rule H. Res. 462 passed House.

    Source: Floor

38. 11 June 1998

    Introduced

    Received in the Senate.

    Source: IntroReferral

39. 6 July 1998

    Calendars

    Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

    Source: Calendars

40. 7 July 1998

    Calendars

    Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 457.

    Source: Calendars

41. 23 September 1998

    ResolvingDifferences

    Senate insists on its amendment asks for a conference, appoints conferees Hatch; Grassley; Sessions; Leahy; Durbin. (consideration: CR S10787)

    Source: ResolvingDifferences

42. 23 September 1998

    Floor

    Measure laid before Senate by unanimous consent. (consideration: CR S10767)

    Source: Floor

43. 23 September 1998

    Vote

    Passed/agreed to in Senate: Passed Senate in lieu of S. 1301 with an amendment by Yea-Nay Vote. 97-1. Record Vote No: 284.

    Source: Floor

44. 24 September 1998

    Floor

    Message on Senate action sent to the House.

    Source: Floor

45. 28 September 1998

    ResolvingDifferences

    The Speaker appointed conferees - from the Committee on the Judiciary for consideration of the House bill and the Senate amendment, and modifications committed to conference: Hyde, McCollum, Gekas, Goodlatte, Bryant, Chabot, Conyers, Nadler, Boucher, and Jackson-Lee (TX).

    Source: ResolvingDifferences

46. 28 September 1998

    Passed

    Motion to reconsider laid on the table Agreed to without objection.

    Source: ResolvingDifferences

47. 28 September 1998

    Passed

    On motion that the House disagree to the Senate amendment, and agree to a conference Agreed to without objection. (consideration: CR H9140)

    Source: ResolvingDifferences

48. 28 September 1998

    ResolvingDifferences

    The previous question was ordered without objection.

    Source: ResolvingDifferences

49. 28 September 1998

    Passed

    DEBATE - The House proceeded with one hour of debate on the Nadler motion to instruct conferees to agree to section 405 of the Senate amendment that prohibits creditors from terminating or refusing to renew an extension of credit because the consumer did not incur finance charges. Mr. Gekas asked unanimous consent that a request for an electronic vote on the motion be postponed until no earlier than 5 p.m. Agreed to without objection.

    Source: Floor

50. 28 September 1998

    ResolvingDifferences

    Mr. Nadler moved that the House instruct conferees.

    Source: ResolvingDifferences

51. 28 September 1998

    ResolvingDifferences

    Mr. Gekas asked unanimous consent that the House disagree to the Senate amendment, and agree to a conference.

    Source: ResolvingDifferences

52. 7 October 1998

    ResolvingDifferences

    Conference report H. Rept. 105-794 filed. (text of conference report: CR H9954-9985)

    Source: ResolvingDifferences

53. 7 October 1998

    ResolvingDifferences

    Conference report filed: Conference report H. Rept. 105-794 filed.(text of conference report: CR H9954-9985)

    Source: ResolvingDifferences

54. 7 October 1998

    Passed

    Conferees agreed to file conference report. (consideration: CR H10010)

    Source: ResolvingDifferences

55. 7 October 1998

    Passed

    Conference committee actions: Conferees agreed to file conference report.(consideration: CR H10010)

    Source: ResolvingDifferences

56. 8 October 1998

    Reported

    Rules Committee Resolution H. Res. 586 Reported to House. Rule provides for consideration of the conference report to H.R. 3150 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Waiving points of order against the conference report and against its consideration.

    Source: Floor

57. 9 October 1998

    Floor

    Motion to proceed to consideration of measure made in Senate.

    Source: Floor

58. 9 October 1998

    Passed

    Motions to reconsider laid on the table Agreed to without objection.

    Source: ResolvingDifferences

59. 9 October 1998

    Vote

    On agreeing to the conference report Agreed to by recorded vote: 300 - 125 (Roll No. 506).

    Source: ResolvingDifferences

60. 9 October 1998

    Vote

    Conference report agreed to in House: On agreeing to the conference report Agreed to by recorded vote: 300 - 125 (Roll No. 506).

    Source: ResolvingDifferences

61. 9 October 1998

    Vote

    On motion to recommit with instructions to conference committee Failed by the Yeas and Nays: 157 - 266 (Roll No. 505). (consideration: CR H10239)

    Source: ResolvingDifferences

62. 9 October 1998

    Floor

    DEBATE - The House proceeded with one hour of debate on the conference report.

    Source: Floor

63. 9 October 1998

    ResolvingDifferences

    Mr. Nadler moved to recommit with instructions to the conference committee.

    Source: ResolvingDifferences

64. 9 October 1998

    ResolvingDifferences

    The previous question was ordered pursuant to the rule.

    Source: ResolvingDifferences

65. 9 October 1998

    ResolvingDifferences

    Conference papers: Senate report and managers' statement held at the desk in Senate.

    Source: ResolvingDifferences

66. 9 October 1998

    ResolvingDifferences

    Mr. Gekas brought up conference report H. Rept. 105-794 for consideration under the provisions of H. Res. 586.

    Source: ResolvingDifferences

67. 9 October 1998

    Passed

    Rule H. Res. 586 passed House.

    Source: Floor

Votes

Versions

• Engrossed Amendment Senate · 23 September 1998 · Download file
• Placed on Calendar Senate · 7 July 1998 · Download file
• Engrossed in House · 10 June 1998 · Download file
• Reported in House · 18 May 1998 · Download file
• Introduced in House · 3 February 1998 · Download file

Documents

15 official files

• Conference report filed in House

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• Engrossed Amendment Senate (text)

  Engrossed Amendment Senate · EN · 23 September 1998

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• Passed Senate amended

  summary · EN · 23 September 1998

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• Placed on Calendar Senate (text)

  Placed on Calendar Senate · EN · 7 July 1998

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• Placed on Calendar Senate (PDF)

  Placed on Calendar Senate · EN · 7 July 1998

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• Engrossed in House (text)

  Engrossed in House · EN · 10 June 1998

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  Engrossed in House · EN · 10 June 1998

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• Passed House amended

  summary · EN · 10 June 1998

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• Reported in House (text)

  Reported in House · EN · 18 May 1998

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• Reported to House with amendment(s)

  summary · EN · 18 May 1998

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• Introduced in House (text)

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Sponsors

• Rep. Gekas, George W. [R-PA-17] · R · Sponsor
• Rep. McCollum, Bill [R-FL-8] · R · Sponsor
• Rep. Boucher, Rick [D-VA-9] · D · Sponsor
• Rep. Moran, James P. [D-VA-8] · D · Sponsor
• Rep. Fowler, Tillie [R-FL-4] · R · Cosponsor
• Rep. Goodlatte, Bob [R-VA-6] · R · Cosponsor
• Rep. Boehner, John A. [R-OH-8] · R · Cosponsor
• Rep. Frost, Martin [D-TX-24] · D · Cosponsor
• Rep. Cunningham, Randy (Duke) [R-CA-50] · R · Cosponsor
• Rep. Fazio, Vic [D-CA-3] · D · Cosponsor
• Rep. Myrick, Sue Wilkins [R-NC-9] · R · Cosponsor
• Rep. Pease, Edward A. [R-IN-7] · R · Cosponsor
• Rep. Hilleary, Van [R-TN-4] · R · Cosponsor
• Rep. Calvert, Ken [R-CA-41] · R · Cosponsor
• Sen. Blunt, Roy [R-MO] · R · Cosponsor
• Sen. Ensign, John [R-NV] · R · Cosponsor
• Rep. Jenkins, William L. [R-TN-1] · R · Cosponsor
• Rep. Christensen, Jon [R-NE-2] · R · Cosponsor
• Rep. Boehlert, Sherwood [R-NY-24] · R · Cosponsor
• Rep. Smith, Adam [D-WA-9] · D · Cosponsor
• Rep. Clement, Bob [D-TN-5] · D · Cosponsor
• Rep. Metcalf, Jack [R-WA-2] · R · Cosponsor
• Rep. Sessions, Pete [R-TX-17] · R · Cosponsor
• Rep. Furse, Elizabeth [D-OR-1] · D · Cosponsor
• Rep. Goode, Virgil H., Jr. [R-VA-5] · D · Cosponsor
• Rep. Kelly, Sue W. [R-NY-19] · R · Cosponsor
• Sen. Graham, Lindsey [R-SC] · R · Cosponsor
• Rep. King, Peter T. [R-NY-2] · R · Cosponsor
• Rep. Ehrlich, Robert L., Jr. [R-MD-2] · R · Cosponsor
• Rep. Deal, Nathan [R-GA-9] · R · Cosponsor
• Rep. Cook, Merrill [R-UT-2] · R · Cosponsor
• Rep. Goodling, William F. [R-PA-19] · R · Cosponsor
• Rep. Shays, Christopher [R-CT-4] · R · Cosponsor
• Rep. Blumenauer, Earl [D-OR-3] · D · Cosponsor
• Rep. Barr, Bob [R-GA-7] · R · Cosponsor
• Rep. Cooksey, John [R-LA-5] · R · Cosponsor
• Rep. Livingston, Bob [R-LA-1] · R · Cosponsor
• Rep. Hutchinson, Asa [R-AR-3] · R · Cosponsor
• Rep. Hall, Ralph M. [R-TX-4] · D · Cosponsor
• Rep. Camp, Dave [R-MI-4] · R · Cosponsor
• Rep. Bliley, Tom [R-VA-7] · R · Cosponsor
• Rep. Stump, Bob [R-AZ-3] · R · Cosponsor
• Rep. Foley, Mark [R-FL-16] · R · Cosponsor
• Rep. Hill, Rick [R-MT-At Large] · R · Cosponsor
• Rep. Tauscher, Ellen O. [D-CA-10] · D · Cosponsor
• Rep. Weldon, Dave [R-FL-15] · R · Cosponsor
• Rep. Sensenbrenner, F. James, Jr. [R-WI-5] · R · Cosponsor
• Rep. Clyburn, James E. [D-SC-6] · D · Cosponsor

Showing 48 of 77 sponsors and actors.

Related records

• related to → To correct the enrollment of the bill H.R. 3150.
• related to → Providing for consideration of the bill (H.R. 3150) to amend title 11 of the United States Code, and for other purposes.
• related to → Waiving points of order against the conference report to accompany the bill (H.R. 3150) to amend title 11 of the United States Code, and for other purposes.
• related to ← Consumer Bankruptcy Reform Act of 1998
• amends ← An amendment numbered 6 as printed in House Report 105-573 to require that credit card companies which receive payments from cardholders who are parents delinquent in child support obligations must hold those payments in trust and distribute them to parents and children entitled to receive the money according to the priority of such claims assigned under the bill.
• amends ← An amendment numbered 9 as printed in House Report 105-573 to strike provisions of the bill relating to a recording artist's obligation to fulfill a performing contract after filing for bankruptcy protection.
• amends ← An amendment numbered 1 as printed in House Report 105-573 to ensure that a debtor that is disqualified from obtaining relief under needs-based formula is not disqualfied from obtaining relief under chapter 11.
• amends ← An amendment numbered 10 as printed in House Report 105-573 to require the Executive Office of U.S. Trustees and Administrative Office of the U.S. Courts to conduct a study of small business bankruptcies.
• amends ← An amendment numbered 4 as printed in House Report 105-573 to expand the definition of "household goods" which are exempt in chapters 7 and 13 bankruptcy to include any personal property that is reasonable or necessary to maintain and support a dependent child, thereby ensuring that exempt household possessions used for the benefit of the child will not be taken away from a parent filing bankruptcy by a secured creditor who did not finance the purchase of those possessions.
• amends ← An amendment numbered 3 as printed in House Report 105-573 to authorize the Judicial Conference of the United States to reduce disbursements to unsecureed nonpriority creditors payable in Chapter 13 cases to cover the increased costs to the courts and the U.S. Trustees Office of implementing and administering the means testing system provided for in the bill.
• amends ← An amendment numbered 8 as printed in House Report 105-573 to prohibit a debtor from converting non-exempt assets into exempt homestead property within one year of filing for bankruptcy.

Showing 11 of 15 related records.