I 
110TH CONGRESS 
1ST SESSION H. R. 4044 
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 Sep-
tember 11, 2001, are called to active duty or to perform a homeland 
defense activity for not less than 60 days. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 1, 2007 
Ms. SCHAKOWSKY (for herself, Mr. ROHRABACHER, Mr. ABERCROMBIE, Mr. 
BLUMENAUER, Mr. BUTTERFIELD, Mr. ANDREWS, Mr. BRADY of Penn-
sylvania, Mr. COSTELLO, Mr. DUNCAN, Mr. EHLERS, Mr. FARR, Mr. 
FATTAH, Ms. FOXX, Mr. GILCHREST, Mr. GORDON of Tennessee, Mr. 
HARE, Ms. HARMAN, Mr. HASTINGS of Florida, Mr. HONDA, Ms. 
HOOLEY, Ms. JACKSON-LEE of Texas, Mr. JEFFERSON, Mr. JONES of 
North Carolina, Mr. KUCINICH, Mr. MCGOVERN, Mr. MICHAUD, Mr. 
RUSH, Ms. SHEA-PORTER, and Mr. TIERNEY) introduced the following 
bill; which was referred to the Committee on the Judiciary 
A BILL 
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 re-
serve-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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. AMENDMENT. 
Section 101(a)(2)(C) of the Bankruptcy Abuse Pre-
vention and Consumer Protection Act of 2005 (Public 
Law 109–8) is amended by adding at the end of para-
graph (2) of section 707(b) of title 11 of the United States 
Code, as added by such Act, the following: 
‘‘(E) Subparagraphs (A) through (C) shall not apply, 
and the court may not dismiss or convert a case filed 
under this chapter based on any form of means testing— 
‘‘(i)(I) while the debtor is on, and during the 
180-day period beginning immediately after the 
debtor is released from, a period of active duty (as 
defined in section 101(d)(1) of title 10) of not less 
than 60 days; or 
‘‘(II) while the debtor is performing, and during 
the 180-day period beginning immediately after the 
debtor is no longer performing, a homeland defense 
activity (as defined in section 901(1) of title 32) per-
formed for a period of not less than 60 days; and 
‘‘(ii) if after September 11, 2001, the debtor 
while a member of a reserve component of the 
Armed Forces or a member of the National Guard, 
was called to such active duty or performed such 
homeland defense activity.’’. 
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SEC. 2. EFFECTIVE DATE; APPLICATION OF AMENDMENT. 
(a) EFFECTIVE DATE.—Except as provided in sub-
section (b), this Act and the amendment made by this Act 
shall take effect on April 20, 2005. 
(b) APPLICATION OF AMENDMENT.—The amendment 
made by this Act shall apply only with respect to cases 
commenced under title 11 of the United States Code after 
April 20, 2005. 
Æ 
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