A bill to amend title 11, United States Code, to exempt for a limited period, from the application of the means-test presumption of abuse under chapter 7, qualifying members of reserve components of the Armed Forces and members of the National Guard who, after September 11, 2001, are called to active duty or to perform a homeland defense activity for not less than 90 days.
(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.
Referred to the Subcommittee on Commercial and Administrative Law.
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
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)
Passed Senate with an amendment by Unanimous Consent. (consideration: CR S10186-10187; text as passed in Senate: CR S10186-10187)
Message on Senate action sent to the House.
Received in the House.
Held at the desk.
Mr. Conyers moved to suspend the rules and pass the bill.
Considered under suspension of the rules. (consideration: CR H10648-10653; text of measure as introduced: CR H10648-10649)
DEBATE - The House proceeded with forty minutes of debate on S. 3197.
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.
Considered as unfinished business. (consideration: CR H10806-10807)
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)
Enacted as Public Law 110-438
checking server…
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line
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)
Roll Call #682 (House)Motion to reconsider laid on the table Agreed to without objection.
Cleared for White House.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 110-438.
Became Public Law No: 110-438.