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H.R.3609 / 110th Congress

Emergency Home Ownership and Mortgage Equity Protection Act of 2007

Ordered to be Reported (Amended) by the Yeas and Nays: 17 - 15.

Official summary

Version 00 · Introduced in House · Sep 20, 2007

Emergency Home Ownership and Mortgage Equity Protection Act of 2007 - Amends federal bankruptcy law governing a chapter 13 debtor (adjustment of debts of an individual with regular income) to prohibit the holder of a claim in bankruptcy which is secured by debtor's principal residence from adding fees, costs, or charges while the case is pending, unless such claimholder gives timely notice to both debtor and the bankruptcy trustee.

Revises requirements for the discretionary features of a chapter 13 debtor's plan. Removes the prohibition against modification of the rights of a holder of a claim secured only by an interest in real property that is the debtor's principal residence. (Thus allows a plan to modify such rights.)

Authorizes a chapter 13 bankruptcy plan to provide for payment of allowed claims secured by the debtor's principal residence over a period that exceeds a specified time frame.

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Eliminates the pre-petition credit counseling requirement for a chapter 13 debtor facing foreclosure if the debtor submits a certification to the court that the holder of a claim secured by the debtor's principal residence has initiated foreclosure on that residence.

Adds to conditions for court confirmation of a plan in bankruptcy that the holder of an allowed claim secured by the debtor's principal residence shall retain the lien securing such claim until the claim is paid.

Excludes from final discharge of a debtor from all debts any allowed claim secured by the debtor's principal residence before such claim is paid.

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Who introduced it

Rep. Miller, Brad [D-NC-13] · D–NC

Committees

  • Judiciary Committee
88 cosponsorship records, including any withdrawals

Actions

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  1. Ordered to be Reported (Amended) by the Yeas and Nays: 17 - 15.

  2. Committee Consideration and Mark-up Session Held.

  3. Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 5 - 4 .

  4. Subcommittee Consideration and Mark-up Session Held.

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

  6. Referred to the House Committee on the Judiciary.

  7. Introduced in House

  8. Introduced in House

Bill text & related measures

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Related bills identified by Congress.gov

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Source last updated: Aug 14, 2025. Consult Congress.gov for the current record.

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Objective

Analyze H.R.3609 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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