National Guard and Reservists Debt Relief Act of 2008

Bill: 110-hr-4044
Sponsor: Rep. Schakowsky, Janice D. [D-IL-9]
Introduced: 2007-11-01 in the House
Policy area: Finance and Financial Sector
Subjects: Armed Forces and National Security
Armed forces reserves
Bankruptcy
Bankruptcy courts
Civil procedure
Crime and Law Enforcement
Debtor and creditor
Emergency Management
Law
National Guard
Terrorism

Summary:
action_date: 2007-11-01
text: 
Amends the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 to prohibit the bankruptcy court from dismissing or converting a case based on means testing while the debtor: (1) is either on active duty or performing a homeland defense activity for at least 60 days; or (2) was either called to active duty or performed homeland defense activity as a member of a reserve component of the Armed Forces or a member of the National Guard after September 11, 2001.

action_date: 2008-06-20
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 of the United States 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: 2008-06-23
text: 

(This measure has not been amended since it was reported to the House on June 20, 2008. The summary of that version is repeated here.)

 
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 of the United States 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.


Legislative actions:
action_date: 2008-06-24
text: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
action_date: 2008-06-23
text: The title of the measure was amended. Agreed to without objection.
action_date: 2008-06-23
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2008-06-23
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5801-5802)
action_date: 2008-06-23
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H5801-5802)
action_date: 2008-06-23
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 4044.
action_date: 2008-06-23
text: Considered under suspension of the rules. (consideration: CR H5801-5805)
action_date: 2008-06-23
text: Mr. Conyers moved to suspend the rules and pass the bill, as amended.
action_date: 2008-06-20
text: Placed on the Union Calendar, Calendar No. 461.
action_date: 2008-06-20
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 110-726.
action_date: 2008-06-20
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 110-726.
action_date: 2008-06-11
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2008-06-11
text: Committee Consideration and Mark-up Session Held.
action_date: 2008-04-30
text: Committee Consideration and Mark-up Session Held.
action_date: 2008-04-24
text: Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .
action_date: 2008-04-24
text: Subcommittee Consideration and Mark-up Session Held.
action_date: 2008-04-01
text: Subcommittee Hearings Held.
action_date: 2007-12-03
text: Referred to the Subcommittee on Commercial and Administrative Law.
action_date: 2007-11-01
text: Referred to the House Committee on the Judiciary.
action_date: 2007-11-01
text: Introduced in House
action_date: 2007-11-01
text: Introduced in House