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.

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.

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2060 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 2060

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 3, 2005

 Mr. Rohrabacher (for himself, Ms. Schakowsky, Mr. Evans, Mr. Jones of 
 North Carolina, and Mr. McKeon) introduced the following bill; which 
             was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AMENDMENT.

    Section 101(a)(2)(C) of the Bankruptcy Abuse Prevention and 
Consumer Protection Act of 2005 (Public Law 109-8) is amended by adding 
at the end of paragraph (2) of section 707(b) of title 11 of the United 
States Code, as added by such Act, the following:
    ``(E) Subparagraphs (A) through (C) shall not apply, and the court 
may not dismiss or convert a case filed under this chapter based on any 
form of means testing--
            ``(i)(I) while the debtor is on, and during the 180-day 
        period beginning immediately after the debtor is released from, 
        a period of active duty (as defined in section 101(d)(1) of 
        title 10) of not less than 60 days; or
            ``(II) while the debtor is performing, and during the 180-
        day period beginning immediately after the debtor is no longer 
        performing, a homeland defense activity (as defined in section 
        901(1) of title 32) performed for a period of not less than 60 
        days; and
            ``(ii) if after September 11, 2001, the debtor while a 
        member of a reserve component of the Armed Forces or a member 
        of the National Guard, was called to such active duty or 
        performed such homeland defense activity.''.

SEC. 2. EFFECTIVE DATE; APPLICATION OF AMENDMENT.

    (a) Effective Date.--Except as provided in subsection (b), this Act 
and the amendment made by this Act shall take effect on April 20, 2005.
    (b) Application of Amendments.--The amendment made by this Act 
shall apply only with respect to cases commenced under title 11 of the 
United States Code after April 20, 2005.
                                 <all>