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H.R.2060 / 109th Congress

To amend the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 to exempt from the means test in bankruptcy cases, for a limited period, qualifying reserve-component members who, after September 11, 2001, are called to active duty or to perform a homeland defense activity for not less than 60 days.

Referred to the Subcommittee on Commercial and Administrative Law.

Official summary

Version 00 · Introduced in House · May 3, 2005

Amends the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 to declare that, if the following conditions exist, the presumption of abuse guidelines do not apply and the bankruptcy court is prohibited from dismissing or converting a Chapter 7 petition based on any form of means testing: (1) while the debtor is on, and during the 180-day period after release from active duty in the U.S. military service; or (2) while the debtor is performing, and during the 180-day period after the debtor is no longer performing, a homeland defense activity performed for at least 60 days; and (3) if after September 11, 2001, the debtor was called to active duty or performed homeland defense activity, while a member of a reserve component of the Armed Forces or a member of the National Guard.

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Who introduced it

Rep. Rohrabacher, Dana [R-CA-46] · R–CA

Committees

  • Judiciary Committee
88 cosponsorship records, including any withdrawals

Actions

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  1. Referred to the Subcommittee on Commercial and Administrative Law.

  2. Referred to the House Committee on the Judiciary.

  3. Introduced in House

  4. Introduced in House

Bill text & related measures

Text links open the official source. We currently store references to these documents.

Related bills identified by Congress.gov

Source last updated: Nov 15, 2019. Consult Congress.gov for the current record.

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Neutral evidence review

Objective

Analyze H.R.2060 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.

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Fairness and public impact

Progressive lens

Examine H.R.2060 through a progressive lens, focusing on fairness, access, economic inequality, and effects on vulnerable communities. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and distinguish stated goals from demonstrated outcomes.

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Institutions and government scope

Conservative lens

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Individual rights and government power

Liberty lens

Examine H.R.2060 through a civil-liberties and limited-government lens. Consider individual rights, privacy, voluntary choice, accountability, and government power. Explain tradeoffs, possible safeguards, and the strongest counterarguments without assuming the proposal is beneficial or harmful.

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