To amend section 502(b) of title 11, United States code, to limit usurious claims in bankruptcy.
What it does: Rewrites page 45, lines 22–24Rewrites page 45, lines 22–24
ReplacesPrinted pageRemoves page 45, lines 22–24 of the printed bill. See that page
Inserted: (a) Reduction of Claim.--Section 502 of title 11, United States Code, is amended--
Inserted: (1) in subsection (b)--
Inserted: (A) in paragraph (8), by striking "or" at the end;
Inserted: (B) in paragraph (9), by striking the period at the end and inserting "; or"; and
Inserted: (C) by adding at the end the following:
Inserted: "(10) such claim is for a credit transaction involving a consumer (as defined in section 103(h) of the Truth in Lending Act (15 U.S.C. 1602(g))), and the interest included as part of such claim exceeds the maximum amount allowed by the laws of the State, Territory, or District in which the debtor resides."; and
Inserted: (2) by adding at the end the following:
Original wording
On page 45, strike lines 22 through 24, and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 119. Mr. KENNEDY 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 45, strike lines 22 through 24, and insert the following:
(a) Reduction of Claim.--Section 502 of title 11, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (8), by striking “or” at the end;
(B) in paragraph (9), by striking the period at the end and inserting “; or”; and
(C) by adding at the end the following:
“(10) such claim is for a credit transaction involving a consumer (as defined in section 103(h) of the Truth in Lending Act (15 U.S.C. 1602(g))), and the interest included as part of such claim exceeds the maximum amount allowed by the laws of the State, Territory, or District in which the debtor resides.”; and
(2) by adding at the end the following:
Legislative Activity
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Considered by Senate. (consideration: CR S2307, S2342)
March 9, 2005
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Considered by Senate. (consideration: CR S2307, S2342)
March 9, 2005
Proposed amendment SA 119 withdrawn in Senate.
March 9, 2005
Considered by Senate. (consideration: CR S2200)
March 8, 2005
Senate amendment submitted
March 7, 2005
Senate amendment proposed (on the floor): Amendment SA 119 proposed by Senator Dodd for Senator Kennedy.
March 7, 2005
Amendment SA 119 proposed by Senator Dodd for Senator Kennedy. (consideration: CR S2134; text: CR S2134) To amend section 502(b) of title 11, United States code, to limit usurious claims in bankruptcy.
March 7, 2005