Bankruptcy Abuse Prevention and Consumer Protection Act of 2003
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 50.
Congressional Research Service
Official summary
Version 00 · Introduced in House · Feb 27, 2003
Bankruptcy Abuse Prevention and Consumer Protection Act of 2003 - Amends Federal bankruptcy law governing: (1) conversion of bankruptcy petitions; (2) abusive creditor practices; (3) domestic support obligations; (4) consumer protections, including protection of personally identifiable information; (5) measures to discourage bankruptcy abuse, including reduction of the homestead exemption for fraud; (6) guidelines for general and small business bankruptcies, including appointment of a committee of retired employees; (7) bankruptcy data dissemination and bankruptcy tax provisions; (8) ancillary and other cross-border cases to incorporate the Model Law on Cross-Border Insolvency; and (9) financial contracts and transfers entered into with an insolvent insured depository institution before its conservatorship or receivership.Reenacts Chapter 12, Adjustment of Debts of a Family Farmer with Regular Annual Income.Brings family fishermen within the purview of Federal bankruptcy protection.Prescribes guidelines for insolvent health care businesses and related patients' rights.Bankruptcy Judgeship Act of 2003 - Amends the Federal Judicial Code to mandate appointments for additional temporary bankruptcy judgeships in designated States.Prescribes additional consumer credit disclosures, including open end credit plans and introductory rates.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 50.
Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 975.
Motion to reconsider laid on the table Agreed to without objection.
On passage Passed by the Yeas and Nays: 315 - 113, 1 Present (Roll no. 74).
The previous question on the motion to recommit with instructions was ordered without objection.
Floor summary: DEBATE - The House proceeded with ten minutes of debate on the Jackson-Lee motion to recommit with instructions. The instructions contained in the motion seek to require the Committee on the Judiciary to report the bill back to the House forthwith with an amendment adding a new section which protects alimony and child support payments from competition with new creditor entitlements.
Ms. Jackson-Lee (TX) moved to recommit with instructions to Judiciary. (consideration: CR H2097-2099)
The previous question was ordered without objection.
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 975.
POSTPONED PROCEEDINGS - At the conclusion of the debate the Chair put the question on the Nadler substitute amendment and announced that the noes had prevailed. Mr. Nadler objected to the voice vote. The Chair postponed further proceedings on the amendment.
DEBATE - Pursuant to House Report 108-42 the Committee proceeded with forty minutes on the amendment offered by Mr. Nadler.
DEBATE - Pursuant to House Report 108-42 the Committee proceeded with ten minutes of debate on the amendment offered by Mr. Guiterrez.
UNANIMOUS CONSENT REQUEST - Mr. Guiterrez moved that the Committee do now rise and the motion was agreed to. He asked unanimous consent that when the Committee of the Whole resumes its consideration of H.R. 975 that he be permitted to offer amendment Numbered 2 printed in House Report 108-42. Agreed to without objection.
POSTPONED PROCEEDINGS - At the conclusion of the debate the Chair put the question on the amendment and announced that the noes had prevailed. Mr. Sherman objected to the voice vote. The Chair postponed further proceedings on the amendment.
Pursuant to House Report 108-42 the Committee proceeded with 10 minutes of debate on the amendment offered by Mr. Sherman.
DEBATE - Pursuant to House Report 108-42 the Committee proceeded with 10 minutes of debate on the amendment offered by Mr. Cannon.
Pursuant to House Report 108-42 the Committee proceeded with 10 minutes of debate on the amendment offered by Mr. Toomey.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 975.
The Speaker designated the Honorable Ray LaHood to act as Chairman of the Committee.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 147 and Rule XXIII.
Rule provides for consideration of H.R. 975 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. Measure will be considered read. Specified amendments are in order.
Considered under the provisions of rule H. Res. 147. (consideration: CR H1991-2100, text of measure as reported in House: CR H1999-2046)
Rule H. Res. 147 passed House.
Rules Committee Resolution H. Res. 147 Reported to House. Rule provides for consideration of H.R. 975 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. Measure will be considered read. Specified amendments are in order.
Placed on the Union Calendar, Calendar No. 27.
Committee on Financial Services discharged.
Committee on Financial Services discharged.
House Committee on Financial Services Granted an extension for further consideration ending not later than March 18, 2003.
Reported (Amended) by the Committee on Judiciary. H. Rept. 108-40, Part I.
Reported (Amended) by the Committee on Judiciary. H. Rept. 108-40, Part I.
Ordered to be Reported (Amended) by the Yeas and Nays: 18 - 11.
Committee Consideration and Mark-up Session Held.
Subcommittee on Commercial and Administrative Law Discharged.
Subcommittee Hearings Held.
Referred to the Subcommittee on Commercial and Administrative Law.
Referred to the Committee on the Judiciary, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Introduced in House
Introduced in House
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