S.Amdt. 94Senate109th Congress (2005-2007)

To clarify the application of the term disposable income.

What it does: Rewrites page 24, line 9 through page 26, line 7
Submitted March 7, 2005

What it changes

1 change to S. 256

Replaces text
  1. Rewrites page 24, line 9 through page 26, line 7

    ReplacesPrinted page

    Removes page 24, line 9 through page 26, line 7 of the printed bill. See that page

    Inserted: (h) Applicability of Means Test to Chapter 13.--Section 1325(b) of title 11, United States Code, is amended by striking paragraph (2) and inserting the following:

    Inserted: "(2) For purposes of this subsection, the term 'disposable income' means current monthly income received by the debtor (other than child support payments, foster care payments, or disability payments for a dependent child made in accordance with applicable nonbankruptcy law to the extent reasonably necessary to be expended for such child) less amounts reasonably necessary to be expended--

    Inserted: "(A)(i) for the maintenance or support of the debtor or a dependent of the debtor, or for a domestic support obligation, that first becomes payable after the date the petition is filed; and

    Inserted: "(ii) for charitable contributions (that meet the definition of 'charitable contribution' under section 548(d)(3) to a qualified religious or charitable entity or organization (as defined in section 548(d)(4)) in an amount not to exceed 15 percent of gross income of the debtor for the year in which the contributions are made; and

    Inserted: "(B) if the debtor is engaged in business, for the payment of expenditures necessary for the continuation, preservation, and operation of such business.

    Inserted: "(3) Amounts reasonably necessary to be expended under paragraph (2)(A)(i), shall be determined in accordance with subparagraphs (A) and (B) of section 707(b)(2), if the debtor has current monthly income, when multiplied by 12, greater than--

    Inserted: "(A) in the case of a debtor in a household of 1 person, the median family income of the applicable State for 1 earner;

    Inserted: "(B) in the case of a debtor in a household of 2, 3, or 4 individuals, the highest median family income of the applicable State for a family of the same number or fewer individuals; or

    Inserted: "(C) in the case of a debtor in a household exceeding 4 individuals, the highest median family income of the applicable State for a family of 4 or fewer individuals, plus $525 per month for each individual in excess of 4.".

    Original wording

    Beginning on page 24, strike line 9 and all that follows through page 26, line 7, and insert the following:

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

As printed

SA 94. Mr. FEINGOLD 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:

Beginning on page 24, strike line 9 and all that follows through page 26, line 7, and insert the following:

(h) Applicability of Means Test to Chapter 13.--Section 1325(b) of title 11, United States Code, is amended by striking paragraph (2) and inserting the following:

“(2) For purposes of this subsection, the term ‘disposable income' means current monthly income received by the debtor (other than child support payments, foster care payments, or disability payments for a dependent child made in accordance with applicable nonbankruptcy law to the extent reasonably necessary to be expended for such child) less amounts reasonably necessary to be expended--

“(A)(i) for the maintenance or support of the debtor or a dependent of the debtor, or for a domestic support obligation, that first becomes payable after the date the petition is filed; and

“(ii) for charitable contributions (that meet the definition of ‘charitable contribution' under section 548(d)(3) to a qualified religious or charitable entity or organization (as defined in section 548(d)(4)) in an amount not to exceed 15 percent of gross income of the debtor for the year in which the contributions are made; and

“(B) if the debtor is engaged in business, for the payment of expenditures necessary for the continuation, preservation, and operation of such business.

“(3) Amounts reasonably necessary to be expended under paragraph (2)(A)(i), shall be determined in accordance with subparagraphs (A) and (B) of section 707(b)(2), if the debtor has current monthly income, when multiplied by 12, greater than--

“(A) in the case of a debtor in a household of 1 person, the median family income of the applicable State for 1 earner;

“(B) in the case of a debtor in a household of 2, 3, or 4 individuals, the highest median family income of the applicable State for a family of the same number or fewer individuals; or

“(C) in the case of a debtor in a household exceeding 4 individuals, the highest median family income of the applicable State for a family of 4 or fewer individuals, plus $525 per month for each individual in excess of 4.”.

Legislative Activity

Stay on top of the latest movement without scrolling through every action

5 earlier actions
Floor Latest Action

Considered by Senate. (consideration: CR S2307, S2342)

March 9, 2005

View full timeline
Floor

Considered by Senate. (consideration: CR S2307, S2342)

March 9, 2005

Floor

Proposed amendment SA 94 withdrawn in Senate.

March 9, 2005

Floor

Considered by Senate. (consideration: CR S2200)

March 8, 2005

Floor

Senate amendment submitted

March 7, 2005

Floor

Senate amendment proposed (on the floor): Amendment SA 94 proposed by Senator Feingold.

March 7, 2005

Floor

Amendment SA 94 proposed by Senator Feingold. (consideration: CR S2134-2138; text: CR S2137) To clarify the application of the term disposable income.

March 7, 2005