National Guard and Reservists Debt Relief Act of 2008

Bill: 110-s-3197
Sponsor: Sen. Durbin, Richard J. [D-IL]
Introduced: 2008-06-25 in the Senate
Policy area: Finance and Financial Sector
Subjects: Armed Forces and National Security
Armed forces reserves
Bankruptcy
Bankruptcy courts
Civil procedure
Congress
Congressional investigations
Congressional reporting requirements
Debtor and creditor
Emergency Management
Law
National Guard

Summary:
action_date: 2008-06-25
text: 
National Guard and Reservists Debt Relief Act of 2008 - Amends federal bankruptcy law to prohibit the bankruptcy court from dismissing or converting a case based on means testing while the debtor: (1) is either on active duty in the military service of the United States or performing a homeland defense activity for at least 90 days, and during the 540 days following the end of such period; and (3) was called to such active duty or performed such homeland defense activity after September 11, 2001, as a member of a reserve component of the Armed Forces or the National Guard.

Directs the Comptroller General to study and report to Congress on whether and to what degree members of reserve components of the Armed Forces and the National Guard: (1) avail themselves of the benefits of this Act; (2) are debtors in federal bankruptcy cases substantially related to service that qualifies such members for such benefits of this Act; and (3) are debtors in federal bankruptcy cases materially related to such service.

Requires such study to include the effects that the use by such members of this Act has upon: (1) the bankruptcy system; (2) creditors; and (3) the debt-incurrence practices of such members.

action_date: 2008-09-15
text: 
National Guard and Reservists Debt Relief Act of 2008 - (Sec. 2) Amends federal bankruptcy law to prohibit the bankruptcy court from dismissing or converting a chapter 7 liquidation case based upon means testing if the debtor, after September 11, 2001, was called to active duty or homeland defense activity while a member of a reserve component of the Armed Forces or a member of the National Guard, and such debtor is: (1) on active duty for a specified period; or (2) performing a homeland defense activity for a specified period.
 
(Sec. 3) Directs the Comptroller General to study and report to Congress on whether and to what degree members of reserve components of the Armed Forces and the National Guard: (1) avail themselves of the benefits of this Act; (2) are debtors in federal bankruptcy cases substantially related to service that qualifies them for such benefits; and (3) are debtors in federal bankruptcy cases materially related to such service.
 
Requires such study to include the effects that the use of this Act by such members has upon: (1) the bankruptcy system; (2) creditors; and (3) the debt-incurrence practices of such members.

Prescribes mandatory factors for consideration in such report. 

action_date: 2008-09-30
text: 

(This measure has not been amended since it was reported to the Senate on September 15, 2008. The summary of that version is repeated here.)

 
National Guard and Reservists Debt Relief Act of 2008 - (Sec. 2) Amends federal bankruptcy law to prohibit the bankruptcy court from dismissing or converting a chapter 7 liquidation case based upon means testing if the debtor, after September 11, 2001, was called to active duty or homeland defense activity while a member of a reserve component of the Armed Forces or a member of the National Guard, and such debtor is: (1) on active duty for a specified period; or (2) performing a homeland defense activity for a specified period.

(Sec. 3) Directs the Comptroller General to study and report to Congress on whether and to what degree members of reserve components of the Armed Forces and the National Guard: (1) avail themselves of the benefits of this Act; (2) are debtors in federal bankruptcy cases substantially related to service that qualifies them for such benefits ; and (3) are debtors in federal bankruptcy cases materially related to such service.

Requires such study to include the effects that the use of this Act by such members has upon: (1) the bankruptcy system; (2) creditors; and (3) the debt-incurrence practices of such members.

Prescribes mandatory factors for consideration in such report. 

action_date: 2008-10-03
text: 

(This measure has not been amended since it was reported to the Senate on September 15, 2008. The summary of that version is repeated here.)

 
National Guard and Reservists Debt Relief Act of 2008 - (Sec. 2) Amends federal bankruptcy law to prohibit the bankruptcy court from dismissing or converting a chapter 7 liquidation case based upon means testing if the debtor, after September 11, 2001, was called to active duty or homeland defense activity while a member of a reserve component of the Armed Forces or a member of the National Guard, and such debtor is: (1) on active duty for a specified period; or (2) performing a homeland defense activity for a specified period.
 
(Sec. 3) Directs the Comptroller General to study and report to Congress on whether and to what degree members of reserve components of the Armed Forces and the National Guard: (1) avail themselves of the benefits of this Act; (2) are debtors in federal bankruptcy cases substantially related to service that qualifies them for such benefits ; and (3) are debtors in federal bankruptcy cases materially related to such service.
 
Requires such study to include the effects that the use of this Act by such members has upon: (1) the bankruptcy system; (2) creditors; and (3) the debt-incurrence practices of such members.
 
Prescribes mandatory factors for consideration in such report. 

action_date: 2008-10-20
text: 

(This measure has not been amended since it was reported to the Senate on September 15, 2008. The summary of that version is repeated here.)

 
National Guard and Reservists Debt Relief Act of 2008 - (Sec. 2) Amends federal bankruptcy law to prohibit the bankruptcy court from dismissing or converting a chapter 7 liquidation case based upon means testing if the debtor, after September 11, 2001, was called to active duty or homeland defense activity while a member of a reserve component of the Armed Forces or a member of the National Guard, and such debtor is: (1) on active duty for a specified period; or (2) performing a homeland defense activity for a specified period.
 
(Sec. 3) Directs the Comptroller General to study and report to Congress on whether and to what degree members of reserve components of the Armed Forces and the National Guard: (1) avail themselves of the benefits of this Act; (2) are debtors in federal bankruptcy cases substantially related to service that qualifies them for such benefits ; and (3) are debtors in federal bankruptcy cases materially related to such service.
 
Requires such study to include the effects that the use of this Act by such members has upon: (1) the bankruptcy system; (2) creditors; and (3) the debt-incurrence practices of such members.
 
Prescribes mandatory factors for consideration in such report. 


Legislative actions:
action_date: 2008-10-20
text: Became Public Law No: 110-438.
action_date: 2008-10-20
text: Became Public Law No: 110-438.
action_date: 2008-10-20
text: Signed by President.
action_date: 2008-10-20
text: Signed by President.
action_date: 2008-10-09
text: Presented to President.
action_date: 2008-10-09
text: Presented to President.
action_date: 2008-10-03
text: Cleared for White House.
action_date: 2008-10-03
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2008-10-03
text: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 411 - 0 (Roll no. 682). (text: CR 10/2/2008 H10648-10649)
action_date: 2008-10-03
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 411 - 0 (Roll no. 682).(text: CR 10/2/2008 H10648-10649)
action_date: 2008-10-03
text: Considered as unfinished business. (consideration: CR H10806-10807)
action_date: 2008-10-02
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2008-10-02
text: DEBATE - The House proceeded with forty minutes of debate on S. 3197.
action_date: 2008-10-02
text: Considered under suspension of the rules. (consideration: CR H10648-10653; text of measure as introduced: CR H10648-10649)
action_date: 2008-10-02
text: Mr. Conyers moved to suspend the rules and pass the bill.
action_date: 2008-10-02
text: Held at the desk.
action_date: 2008-10-02
text: Received in the House.
action_date: 2008-10-01
text: Message on Senate action sent to the House.
action_date: 2008-09-30
text: Passed Senate with an amendment by Unanimous Consent. (consideration: CR S10186-10187; text  as passed in Senate: CR S10186-10187)
action_date: 2008-09-30
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(consideration: CR S10186-10187; text  as passed in Senate: CR S10186-10187)
action_date: 2008-09-15
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 963.
action_date: 2008-09-15
text: Committee on the Judiciary. Reported by Senator Leahy with an amendment. Without written report.
action_date: 2008-09-15
text: Committee on the Judiciary. Reported by Senator Leahy with an amendment. Without written report.
action_date: 2008-09-11
text: Committee on the Judiciary. Ordered to be reported with an amendment favorably.
action_date: 2008-06-25
text: Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S6166-6167)
action_date: 2008-06-25
text: Sponsor introductory remarks on measure. (CR S6166)
action_date: 2008-06-25
text: Introduced in Senate

Enacted as: number: 110-438