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
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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
SA 111. Mr. DURBIN submitted an amendment intended to be proposed by him to the bill S. 256, to amend title 11 of the United States Code, and for other purposes; as follows:
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
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Considered by Senate. (consideration: CR S2200, S2228)
March 8, 2005
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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