A bill to amend title 11, United States Code, to protect certain charitable contributions, and for other purposes.
Religious Liberty and Charitable Donation Protection Act of 1998 - Amends Federal bankruptcy law with respect to avoidance by the trustee in bankruptcy of fraudulent transfers and obligations to cite circumstances under which a transfer of a charitable contribution to a qualified religious or charitable unit shall not be considered fraudulent. Prohibits the trustee from avoiding such charitable contributions when acting as lien creditor and successor to certain creditors and purchasers.
States that a claim by any person to recover a transferred charitable contribution shall be preempted by the commencement of the case in bankruptcy.
Redefines "disposable income," for purposes of bankruptcy plan confirmation, to include charitable contributions which do not exceed 15 percent of the debtor's gross income for the year in which the contributions are made.
Prohibits the bankruptcy court, when it determines whether to dismiss a case, from taking into consideration whether a debtor makes charitable contributions to any qualified religious or charitable entity.
Laid on the table. See S. 1244 for further action. (consideration: CR H4005)
Committee on Judiciary. Reported to Senate by Senator Hatch with an amendment in the nature of a substitute. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 314.
Measure laid before Senate by unanimous consent. (consideration: CR S4769-4772)
Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 100-0. Record Vote No: 132.
Roll Call #132 (Senate)Passed Senate with an amendment by Yea-Nay Vote. 100-0. Record Vote No: 132.
Roll Call #132 (Senate)Received in the House.
Message on Senate action sent to the House.
Held at the desk.
Considered by unanimous consent. (consideration: CR H4005)
Mr. Gekas asked unanimous consent to take from the Speaker's table and consider.
Passed/agreed to in House: On passage Passed without objection.
Enacted as Public Law 105-183
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On passage Passed without objection.
Motion to reconsider laid on the table Agreed to without objection.
A similar measure H.R. 2604 was laid on the table without objection.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 105-183.
Became Public Law No: 105-183.