S.Amdt. 14Senate109th Congress (2005-2007)

S.Amdt. 14

What it does: 3 changes: replaces text in 2 places, adds a section
Sponsored by Evan BayhSen. Evan Bayh (D-IN)
Submitted February 28, 2005

What it changes

3 changes to S. 256

Replaces text in 2 placesAdds a section
  1. Change 1: Rewrites page 19, line 13

    ReplacesPrinted page

    Removes page 19, line 13 of the printed bill. See that page

    Inserted: monthly income.

    Inserted: "(8) Paragraph (2) shall not apply if--

    Inserted: "(A) the debtor, or a member of the debtor's family, is a member of the uniformed services (as defined in section 101(a)(5) of title 10); and

    Inserted: "(B) the filing under this title was a direct result of debts incurred as a result of a reduction of income due to a change of status from civilian employment to service on active duty (as defeind in section 101(d) of title 10) as a member of the uniformed services.".

    Original wording

    On page 19, strike line 13, and insert the following:

  2. Change 2: Rewrites page 146, lines 6–19

    ReplacesPrinted page

    Removes page 146, lines 6–19 of the printed bill. See that page

    Inserted: (b) Restoring the Foundation for Secured Credit.--Section 1325(b) of title 11, United States Code, is amended by adding at the end the following:

    Inserted: "(3) Section 506 shall not apply to a claim described in subsection (a)(5) under circumstances other than those described in section 707(b)(8)--

    Inserted: "(A) if--

    Inserted: "(i) the creditor has a purchase money security interest securing the debt that is the subject of the claim;

    Inserted: "(ii) the debt was incurred during the 910-day period preceding the date on which the petition was filed; and

    Inserted: "(iii) the collateral for that debt consists of a motor vehicle (as defined in section 30102 of title 49) acquired for the personal use of the debtor; or

    Inserted: "(B) if--

    Inserted: "(i) the debt was incurred during the 1-year period preceding the date on which the petition was filed; and

    Inserted: "(ii) collateral for the debt that is the subject of the claim consists of anything of value other than the collateral described in subparagraph (A)(iii).".

    Original wording

    On page 146, strike lines 6 through 19, and insert the following:

  3. Change 3: Adds SEC. 605. GAO STUDY OF CAUSES OF BANKRUPTCY FOR MEMBERS OF THE UNIFORMED SERVICES on page 259, between lines 7 and 8

    Adds a sectionPrinted page

    Inserted: SEC. 605. GAO STUDY OF CAUSES OF BANKRUPTCY FOR MEMBERS OF THE UNIFORMED SERVICES.

    Inserted: The Comptroller General of the United States shall--

    Inserted: (1) conduct a study of the frequency and causes of bankruptcy by members of the uniformed services; and

    Inserted: (2) provide recommendations to Congress on how to protect members of the uniformed services, and their families, who file for bankruptcy.

    Original wording

    On page 259, between lines 7 and 8, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 14. Mr. BAYH 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; which was ordered to lie on the table; as follows:

On page 19, strike line 13, and insert the following:

monthly income.

“(8) Paragraph (2) shall not apply if--

“(A) the debtor, or a member of the debtor's family, is a member of the uniformed services (as defined in section 101(a)(5) of title 10); and

“(B) the filing under this title was a direct result of debts incurred as a result of a reduction of income due to a change of status from civilian employment to service on active duty (as defeind in section 101(d) of title 10) as a member of the uniformed services.”.

On page 146, strike lines 6 through 19, and insert the following:

(b) Restoring the Foundation for Secured Credit.--Section 1325(b) of title 11, United States Code, is amended by adding at the end the following:

“(3) Section 506 shall not apply to a claim described in subsection (a)(5) under circumstances other than those described in section 707(b)(8)--

“(A) if--

“(i) the creditor has a purchase money security interest securing the debt that is the subject of the claim;

“(ii) the debt was incurred during the 910-day period preceding the date on which the petition was filed; and

“(iii) the collateral for that debt consists of a motor vehicle (as defined in section 30102 of title 49) acquired for the personal use of the debtor; or

“(B) if--

“(i) the debt was incurred during the 1-year period preceding the date on which the petition was filed; and

“(ii) collateral for the debt that is the subject of the claim consists of anything of value other than the collateral described in subparagraph (A)(iii).”.

On page 259, between lines 7 and 8, insert the following:

SEC. 605. GAO STUDY OF CAUSES OF BANKRUPTCY FOR MEMBERS OF THE UNIFORMED SERVICES.

The Comptroller General of the United States shall--

(1) conduct a study of the frequency and causes of bankruptcy by members of the uniformed services; and

(2) provide recommendations to Congress on how to protect members of the uniformed services, and their families, who file for bankruptcy.

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Senate amendment submitted

February 28, 2005