National Guard and Reservists Debt Relief Act of 2008

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.

6/23/2008--Passed House amended. (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.


... morehide bill summary

Sponsor

• Rep. Janice Schakowsky [D, IL-9]
• and 66 Co-Sponsors
  • Rep. Neil Abercrombie [D, HI-1]
  • Thomas Allen
  • Rep. Robert Andrews [D, NJ-1]
  • Rep. Timothy Bishop [D, NY-1]
  • Rep. Sanford Bishop [D, GA-2]
  • Rep. Earl Blumenauer [D, OR-3]
  • Rep. Madeleine Bordallo [D, GU-0]
  • Rep. Robert Brady [D, PA-1]
  • Rep. Dan Burton [R, IN-5]
  • Rep. George Butterfield [D, NC-1]
  • Rep. Donna Christensen [D, VI-0]
  • Rep. Steve Cohen [D, TN-9]
  • Rep. Jerry Costello [D, IL-12]
  • Barbara Cubin
  • Rep. Diana DeGette [D, CO-1]
  • Rep. William Delahunt [D, MA-10]
  • Rep. Michael Doyle [D, PA-14]
  • Rep. John Duncan [R, TN-2]
  • Rep. Vernon Ehlers [R, MI-3]
  • Philip English
  • Rep. Sam Farr [D, CA-17]
  • Rep. Chaka Fattah [D, PA-2]
  • Rep. Bob Filner [D, CA-51]
  • Vito Fossella
  • Rep. Virginia Foxx [R, NC-5]
  • Wayne Gilchrest
  • Rep. Kirsten Gillibrand [D, NY-20]
  • Rep. Charles Gonzalez [D, TX-20]
  • Rep. Barton Gordon [D, TN-6]
  • Rep. Al Green [D, TX-9]
  • Rep. Raul Grijalva [D, AZ-7]
  • Rep. Luis Gutiérrez [D, IL-4]
  • Rep. Phil Hare [D, IL-17]
  • Rep. Jane Harman [D, CA-36]
  • Rep. Alcee Hastings [D, FL-23]
  • Rep. Maurice Hinchey [D, NY-22]
  • Rep. Rubén Hinojosa [D, TX-15]
  • Rep. Mazie Hirono [D, HI-2]
  • Rep. Michael Honda [D, CA-15]
  • Darlene Hooley
  • Rep. Sheila Jackson-Lee [D, TX-18]
  • William Jefferson
  • Rep. Henry Johnson [D, GA-4]
  • Rep. Walter Jones [R, NC-3]
  • Rep. Steve Kagen [D, WI-8]
  • Rep. Mark Kirk [R, IL-10]
  • Rep. Dennis Kucinich [D, OH-10]
  • Rep. Carolyn Maloney [D, NY-14]
  • Rep. Doris Matsui [D, CA-5]
  • Rep. Betty McCollum [D, MN-4]
  • Rep. James McGovern [D, MA-3]
  • Rep. Mike McIntyre [D, NC-7]
  • Rep. Michael Michaud [D, ME-2]
  • Rep. Jeff Miller [R, FL-1]
  • Rep. Jerrold Nadler [D, NY-8]
  • Rep. Collin Peterson [D, MN-7]
  • Rep. Dana Rohrabacher [R, CA-46]
  • Rep. Bobby Rush [D, IL-1]
  • Christopher Shays
  • Rep. Carol Shea-Porter [D, NH-1]
  • Rep. Mark Souder [R, IN-3]
  • Rep. Betty Sutton [D, OH-13]
  • Rep. John Tierney [D, MA-6]
  • Sen. Mark Udall [D, CO]
  • Rep. Timothy Walz [D, MN-1]
  • Rep. Frank Wolf [R, VA-10]
  close

Committees

• House Judiciary
• 2 more
  • Senate Judiciary
  • House Judiciary
  close

Amendments

This bill has no amendments.

Amendments to H.R.4044

Number	Status	Purpose

Bill Status

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Introduced		Voted on by House		Voted on by Senate		Considered By President		Bill Becomes Law
November 01, 2007		June 23, 2008

Show All Actions (17 actions)Hide Actions

All Bill Actions

• Jun 24, 2008: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
• Jun 23, 2008: The title of the measure was amended. Agreed to without objection.
• Passed by voice vote in the House on Jun 23, 2008. On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
• Jun 23, 2008: DEBATE - The House proceeded with forty minutes of debate on H.R. 4044.
• Jun 23, 2008: Mr. Conyers moved to suspend the rules and pass the bill, as amended.
• Jun 23, 2008: Considered under suspension of the rules.
• Jun 20, 2008: Reported (Amended) by the Committee on Judiciary. H. Rept. 110-726.
• Added to calendar on Jun 20, 2008: Placed on the Union Calendar, Calendar No. 461..
• Jun 11, 2008: Committee Consideration and Mark-up Session Held.
• Added to calendar on Jun 11, 2008: Ordered to be Reported (Amended) by Voice Vote..
• Apr 30, 2008: Committee Consideration and Mark-up Session Held.
• Apr 24, 2008: Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .
• Apr 24, 2008: Subcommittee Consideration and Mark-up Session Held.
• Apr 01, 2008: Subcommittee Hearings Held.
• Dec 03, 2007: Referred to the Subcommittee on Commercial and Administrative Law.
• Introduced on Nov 01, 2007.
• Nov 01, 2007: Referred to the House Committee on the Judiciary.

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Related Bills:

• S.3197
• H.R.3972

Related Issue Areas:

• Finance
• Armed forces
• Armed forces reserves
• Bankruptcy
• 9 more
• Bankruptcy courts
• Civil procedure
• Criminal justice
• Debtor and creditor
• Defense policy
• Emergency management
• Law
• National Guard
• Terrorism

Data from the Congressional Research Service

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Blog Coverage

October 19, 2008 WashingtonWatch.com - P.L. 110-438, The National Guard and ...

... 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 (H.R. 4044) · To amend the Bankruptcy Abuse Prevention and Consumer ...

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Source: WashingtonWatch.com - Comments for HR 6562,...

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October 10, 2008 New government documents in Milner Library, September 2008

Call No: A 77.2:SCI 1/, Title: ARS science hall of fame. Author: United States. Agricultural Research Service. Imprint: [Beltsville Md.] : US Dept. of Agriculture, Agricultural Research Service. Type: Serial 16-4 wk ...

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July 14, 2008 DownsizeDC.org

... after September 11, 2001, are called to active duty or to perform a homeland defense activity for not less than 60 days: H.R. 4044, amended, to amend the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 to exempt from ...

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Source: DownsizeDC.org

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