National Guard and Reservists Debt Relief Act of 2008

To amend title 11 of the 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.

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.


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Sponsor

• Rep. Janice Schakowsky [D, IL-9]
• and 66 Co-Sponsors
  • Rep. Neil Abercrombie [D, HI-1]
  • Rep. Thomas Allen [D, ME-1]
  • Rep. Robert Andrews [D, NJ-1]
  • Rep. Sanford Bishop [D, GA-2]
  • Rep. Timothy Bishop [D, NY-1]
  • 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]
  • Rep. Barbara Cubin [R, WY-0]
  • 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]
  • Rep. Philip English [R, PA-3]
  • Rep. Sam Farr [D, CA-17]
  • Rep. Chaka Fattah [D, PA-2]
  • Rep. Bob Filner [D, CA-51]
  • Rep. Vito Fossella [R, NY-13]
  • Rep. Virginia Foxx [R, NC-5]
  • Rep. Wayne Gilchrest [R, MD-1]
  • 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 Gutierrez [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]
  • Rep. Darlene Hooley [D, OR-5]
  • Rep. Sheila Jackson-Lee [D, TX-18]
  • Rep. William Jefferson [D, LA-2]
  • 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]
  • Rep. Christopher Shays [R, CT-4]
  • 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]
  • Rep. Mark Udall [D, CO-2]
  • 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: Considered under suspension of the rules.
• Jun 23, 2008: Mr. Conyers moved to suspend the rules and pass the bill, as amended.
• Added to calendar on Jun 20, 2008: Placed on the Union Calendar, Calendar No. 461..
• Jun 20, 2008: Reported (Amended) by the Committee on Judiciary. H. Rept. 110-726.
• Added to calendar on Jun 11, 2008: Ordered to be Reported (Amended) by Voice Vote..
• Jun 11, 2008: Committee Consideration and Mark-up Session Held.
• 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.
• Nov 01, 2007: Referred to the House Committee on the Judiciary.
• Introduced on Nov 01, 2007.

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Related Bills:

• H.R.3972
• S.3197

Related Issue Areas:

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

Data from the Congressional Research Service

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Blog Coverage

July 03, 2008 Bankruptcy Relief Given to National Guard and Reserve Members

Jan Schakowsky (D-Illinois) and Dana Rohrabacher (R-California) co-sponsored the bill, HR 4044, which is just one of many provisions that have been passing to step up the financial and educational incentives offered to members of the ...

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Source: Chapter 7 - Solutions for a Financial Crisis

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June 25, 2008 Chapter

Farzanah Shirazi sat watching her sister Parivash wash clothes Chapter 5 Tuesday, April 20, 1999 Read More » Chapter 11 HR 4044, a bill that would exempt military reservists called to active duty and certain others from application of ...

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Source: Chapter 13 Bankruptcy

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June 25, 2008 House Passes Bill to Allow Limited Means Test Exemption for ...

HR 4044, a bill that would exempt military reservists called to active duty and certain others from application of the means test in chapter 7, passed the House of Representatives yesterday passed by a voice vote, the Assoicated Press ...

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Source: Chapter 7 Bankruptcy Success

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