To exempt debtors from means testing if their financial problems were caused by identity theft.

SA 37. Mr. NELSON of Florida (for himself, Mr. Durbin, Mr. Schumer,
and Mrs. Clinton) proposed an amendment to the bill S. 256, to amend
title 11 of the United States Code, and for other purposes; as follows:

At the appropriate place, insert the following:

SEC. __. IDENTITY THEFT.

(a) Definition.--Section 101 of title 11, United States
Code, as amended by this Act, is further amended--
(1) by redesignating paragraph (27B) as paragraph (27D);
and
(2) by inserting after paragraph (27A) the following:
``(27B) `identity theft' means a fraud committed or
attempted using the personally identifiable information of
another person;
``(27C) `identity theft victim' means a debtor who, as a
result of an identify theft in any consecutive 12-month
period during the 3-year period before the date on which a
petition is filed under this title, had claims asserted
against such debtor in excess of the least of--
``(A) $20,000;
``(B) 50 percent of all claims asserted against such
debtor; or
``(C) 25 percent of the debtor's gross income for such 12-
month period.''.
(b) Prohibition.--Section 707(b) of title 11, United States
Code, as amended by section 102(a) of this Act, is further
amended by adding at the end the following:
``(8)(A) No judge, United States trustee (or bankruptcy
administrator, if any), trustee, or other party in interest
may file a motion under paragraph (2) if the debtor is an
identity theft victim.''.
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