To protect veterans and member of the armed forces on active duty or performing homeland security activities from means testing in bankruptcy.
What it does: Inserts new text on page 13, between lines 13 and 14
Sen. Richard J. Durbin (D-IL)Inserts new text on page 13, between lines 13 and 14
InsertsPrinted pageInserted: (D) Subparagraphs (A) through (C) shall not apply, and the court may not dismiss or convert a case based on any form of means testing, if--
Inserted: (i) the debtor or the debtor's spouse is a member of the armed forces--
Inserted: (I) on active duty (as defined in section 101(d)(1) of title 10); or
Inserted: (II) performing a homeland defense activity (as defined in section 901(1) of title 32);
Inserted: (ii) the debtor or the debtor's spouse is a veteran (as defined in section 101(2) of title 38), and the indebtedness occurred primarily during a period of not less than 180 days, during which he or she was--
Inserted: (I) on active duty (as defined in section 101(d)(1) of title 10); or
Inserted: (II) performing a homeland defense activity (as defined in section 901(1) of title 32);
Inserted: (iii) the debtor or the debtor's spouse is a reserve of the armed forces, and the indebtedness occurred primarily during a period of not less than 180 days, during which he or she was--
Inserted: (I) on active duty (as defined in section 101(d)(1) of title 10); or
Inserted: (II) performing a homeland defense activity (as defined in section 901(1) of title 32); or
Inserted: (iv) the debtor's spouse died while serving as a member of the armed forces--
Inserted: (I) on active duty (as defined in section 101(d)(1) of title 10); or
Show 1 more inserted paragraphShow less
Inserted: (II) performing a homeland defense activity (as defined in section 901(1) of title 32).
Original wording
On page 13, between lines 13 and 14, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
On page 13, between lines 13 and 14, insert the following:
“(D) Subparagraphs (A) through (C) shall not apply, and the court may not dismiss or convert a case based on any form of means testing, if--
“(i) the debtor or the debtor's spouse is a member of the armed forces--
“(I) on active duty (as defined in section 101(d)(1) of title 10); or
“(II) performing a homeland defense activity (as defined in section 901(1) of title 32);
“(ii) the debtor or the debtor's spouse is a veteran (as defined in section 101(2) of title 38), and the indebtedness occurred primarily during a period of not less than 180 days, during which he or she was--
“(I) on active duty (as defined in section 101(d)(1) of title 10); or
“(II) performing a homeland defense activity (as defined in section 901(1) of title 32);
“(iii) the debtor or the debtor's spouse is a reserve of the armed forces, and the indebtedness occurred primarily during a period of not less than 180 days, during which he or she was--
“(I) on active duty (as defined in section 101(d)(1) of title 10); or
“(II) performing a homeland defense activity (as defined in section 901(1) of title 32); or
“(iv) the debtor's spouse died while serving as a member of the armed forces--
“(I) on active duty (as defined in section 101(d)(1) of title 10); or
“(II) performing a homeland defense activity (as defined in section 901(1) of title 32).
Legislative Activity
Stay on top of the latest movement without scrolling through every action
Considered by Senate. (consideration: CR S2200, S2228)
March 8, 2005
View full timeline
Considered by Senate. (consideration: CR S2200, S2228)
March 8, 2005
Proposed amendment SA 111 withdrawn in Senate.
March 8, 2005
Senate amendment submitted
March 7, 2005
Senate amendment proposed (on the floor): Amendment SA 111 proposed by Senator Durbin.
March 7, 2005
Amendment SA 111 proposed by Senator Durbin. (consideration: CR S2139; text: CR S2139) To protect veterans and member of the armed forces on active duty or performing homeland security activities from means testing in bankruptcy.
March 7, 2005