S.Amdt. 97
What it does: Adds SEC. 318A. APPLICABILITY OF MEANS TEST AND PLANS TO HAVE A 5-YEAR DURATION IN CERTAIN CASES on page 182, between lines 3 and 4
Sen. Russell D. Feingold (D-WI)Adds SEC. 318A. APPLICABILITY OF MEANS TEST AND PLANS TO HAVE A 5-YEAR DURATION IN CERTAIN CASES on page 182, between lines 3 and 4
Adds a sectionPrinted pageInserted: SEC. 318A. APPLICABILITY OF MEANS TEST AND PLANS TO HAVE A 5-YEAR DURATION IN CERTAIN CASES.
Inserted: (a) Applicability of Means Test to Chapter 13.--Section 1325(b) of title 11, United States Code, as amended by this Act, is further amended--
Inserted: (1) in paragraph (2), by inserting "or, if lower and not likely to increase substantially in the 2 months after the order for relief, the debtor's monthly income on the date of the order for relief under this chapter" after "received by the debtor";
Inserted: (2) in paragraph (3), by inserting "(or, if lower and not likely to increase substantially in the 2 months after the order for relief, the debtor's monthly income on the date of the order for relief under this chapter)" after "if the debtor has current monthly income"; and
Inserted: (3) in paragraph (4)--
Inserted: (A) in subparagraph (A)(ii), by striking "debtor and the debtor's spouse combined" and inserting "debtor, and in a joint case the debtor and the debtor's spouse, or, if lower and not likely to increase substantially in the 2 months after the order for relief, the monthly income on the date of the order for relief under this chapter";
Inserted: (B) in subparagraph (A)(ii)(III), by striking "and" after the semicolon;
Inserted: (C) in subparagraph (B), by striking the period at the end and inserting "; and"; and
Inserted: (D) by adding at the end the following:
Inserted: "(C) provided that if the debtor's income decreases during the case to less than the amount set forth in subparagraph (A)(ii), and is not likely again to exceed that amount within 1 month, may be reduced to 3 years.".
Inserted: (b) Chapter 13 Plans To Have a 5-year Duration in Certain Cases.--Section 1322(d) of title 11, United States Code, as amended by this Act, is further amended--
Inserted: (1) in paragraph (1), by striking "debtor and the debtor's spouse combined" and inserting "debtor, and in a joint case the debtor and the debtor's spouse, or, if lower and not likely to increase substantially in the 2 months after the order for relief, the monthly income on the date of the order for relief under this chapter"; and
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Inserted: (2) in paragraph (2), by striking "debtor and the debtor's spouse combined" and inserting "debtor, and in a joint case the debtor and the debtor's spouse, or, if lower and not likely to increase substantially in the 2 months after the order for relief, the monthly income on the date of the order for relief under this chapter".
Original wording
On page 182, between lines 3 and 4, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 97. 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:
On page 182, between lines 3 and 4, insert the following:
SEC. 318A. APPLICABILITY OF MEANS TEST AND PLANS TO HAVE A 5-YEAR DURATION IN CERTAIN CASES.
(a) Applicability of Means Test to Chapter 13.--Section 1325(b) of title 11, United States Code, as amended by this Act, is further amended--
(1) in paragraph (2), by inserting “or, if lower and not likely to increase substantially in the 2 months after the order for relief, the debtor's monthly income on the date of the order for relief under this chapter” after “received by the debtor”;
(2) in paragraph (3), by inserting “(or, if lower and not likely to increase substantially in the 2 months after the order for relief, the debtor's monthly income on the date of the order for relief under this chapter)” after “if the debtor has current monthly income”; and
(3) in paragraph (4)--
(A) in subparagraph (A)(ii), by striking “debtor and the debtor's spouse combined” and inserting “debtor, and in a joint case the debtor and the debtor's spouse, or, if lower and not likely to increase substantially in the 2 months after the order for relief, the monthly income on the date of the order for relief under this chapter”;
(B) in subparagraph (A)(ii)(III), by striking “and” after the semicolon;
(C) in subparagraph (B), by striking the period at the end and inserting “; and”; and
(D) by adding at the end the following:
“(C) provided that if the debtor's income decreases during the case to less than the amount set forth in subparagraph (A)(ii), and is not likely again to exceed that amount within 1 month, may be reduced to 3 years.”.
(b) Chapter 13 Plans To Have a 5-year Duration in Certain Cases.--Section 1322(d) of title 11, United States Code, as amended by this Act, is further amended--
(1) in paragraph (1), by striking “debtor and the debtor's spouse combined” and inserting “debtor, and in a joint case the debtor and the debtor's spouse, or, if lower and not likely to increase substantially in the 2 months after the order for relief, the monthly income on the date of the order for relief under this chapter”; and
(2) in paragraph (2), by striking “debtor and the debtor's spouse combined” and inserting “debtor, and in a joint case the debtor and the debtor's spouse, or, if lower and not likely to increase substantially in the 2 months after the order for relief, the monthly income on the date of the order for relief under this chapter”.
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 97 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 97 proposed by Senator Feingold.
March 7, 2005
Amendment SA 97 proposed by Senator Feingold. (consideration: CR S2134-2138; text: CR S2137)
March 7, 2005