Helping Families Save Their Homes in Bankruptcy Act of 2009

Summary

Helping Families Save their Homes in Bankruptcy Act of 2009 - Amends federal bankruptcy law governing a Chapter 13 debtor (adjustment of debts of an individual with regular income). Excludes from computation of debts the secured or unsecured portions of: (1) debts secured by the debtor's principal residence if the current value of that residence is less than the secured debt limit; or (2) debts secured or formerly secured by debtor's principal residence that was either sold in foreclosure or surrendered to the creditor if the current value of such real property is less than the secured debt limit. Declares the credit counseling requirement inapplicable to a Chapter 13 debtor who certifies that he or she has received notice that the holder of a claim secured by the debtor's principal residence may commence a foreclosure on the debtor's principal residence. Requires the court to disallow a claim that is subject to any remedy for damages or rescission due to violations of state or federal consumer protection law, including the Truth in Lending Act, notwithstanding the prior entry of a foreclosure judgment. Allows modification of the rights of claim holders, in the event of a foreclosure notice for a chapter 13 debtor, among other means by: (1) reducing a claim to equal the value of the debtor's interest in the residence securing such claim, and any adjustments to a related adjustable rate of interest; (2) waiving early repayment or prepayment penalties; and (3) extending the repayment period. Denies debtor liability for certain fees and charges incurred while the bankruptcy case is pending and arising from a debt secured by the debtor's principal residence, unless the claim holder observes specified requirements. Adds to conditions for court confirmation of a plan in bankruptcy that: (1) the holder of a claim secured by the debtor's principal residence retain the lien securing the claim until the later of the payment of such claim as reduced and modified or the discharge of a debtor from all debts; and (2) the plan modifies the claim in good faith. Excludes from final discharge of a debtor from all debts: (1) any payments to claim holders whose rights are modified under this Act; and (2) any unpaid portion of a claim as reduced.

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

Timeline

1. 6 January 2009

   Introduced

   Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S66)

   Source: IntroReferral

2. 6 January 2009

   Introduced

   Sponsor introductory remarks on measure. (CR S64-66)

   Source: IntroReferral

3. 6 January 2009

   Introduced

   Introduced in Senate

   Source: IntroReferral

Votes

No vote records are attached yet.

Versions

• Introduced in Senate · 6 January 2009 · Official file

Documents

3 official files

• Introduced in Senate (text)

  Introduced in Senate · EN · 6 January 2009

  ViewDownloadOpen at official source

• Introduced in Senate (PDF)

  Introduced in Senate · EN · 6 January 2009

  ViewDownloadOpen at official source

• Introduced in Senate

  summary · EN · 6 January 2009

  Open at official source

Sponsors

• Richard Durbin · D · Sponsor
• Rep. Boxer, Barbara [D-CA-6] · D · Sponsor
• Sen. Feinstein, Dianne [D-CA] · D · Sponsor
• Rep. Harkin, Tom [D-IA-5] · D · Sponsor
• Charles Schumer · D · Sponsor
• Sheldon Whitehouse · D · Sponsor
• John Reed · D · Cosponsor
• Sen. Feingold, Russell D. [D-WI] · D · Cosponsor
• Jeff Merkley · D · Cosponsor
• Sen. Kerry, John F. [D-MA] · D · Cosponsor
• Sen. Brown, Sherrod [D-OH] · D · Cosponsor
• · ssju00 · Standing

Related records

• related to → Emergency Homeownership and Equity Protection Act
• related to → Helping Families Save Their Homes in Bankruptcy Act of 2009