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 September 11, 2001, are called to active duty or to perform a homeland defense activity for not less than 60 days.
(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.
Became Public Law No: 110-438.
Referred to the Subcommittee on Commercial and Administrative Law.
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Commercial and Administrative Law.
Subcommittee Hearings Held.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .
Committee Consideration and Mark-up Session Held.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Judiciary. H. Rept. 110-726.
Reported (Amended) by the Committee on Judiciary. H. Rept. 110-726.
Placed on the Union Calendar, Calendar No. 461.
Mr. Conyers moved to suspend the rules and pass the bill, as amended.
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Considered under suspension of the rules. (consideration: CR H5801-5805)
DEBATE - The House proceeded with forty minutes of debate on H.R. 4044.
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)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5801-5802)
Motion to reconsider laid on the table Agreed to without objection.
The title of the measure was amended. Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on the Judiciary.