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handle is hein.bank/crsbank0016 and id is 1 raw text is: July 30, 2002

Comparison of Two Key Provisions in the
Bankruptcy Reform Act Conference Report:
The Homestead Exemption and
Dischargeability of Liability for Abortion
Clinic Violence
Robin Jeweler
Legislative Attorney
American Law Division
Summary
This report examines two provisions in the Conference Report on the Bankruptcy
Abuse Prevention and Consumer Protection Act of 2002, H.R. 107-617, 107th Cong., 2d
Sess. (2002): the homestead exemption and dischargeability of liability for abortion
clinic violence.
Background. H.R. 333, 107th Cong., 1St Sess. (2001), the Bankruptcy Abuse
Prevention and Consumer Protection Act of 2001 passed the House on March 1, 2001.
The Senate passed H.R. 333 with an amendment in the nature of a substitute on July 17,
2001. Both chambers appointed conferees in July, 2001. Conferees met on May 22,2002
to mark up the bill. It was widely reported that consensus on the legislation was reached
with the exception of two outstanding issues: the homestead exemption and the provision
for discharge of liability incurred in connection with abortion clinic violence (known as
the Schumer amendment).
The Conference Report Provisions. On July 26, 2002, the conference filed
its report, H.R. Rept. 107-617, 107th Cong., 2d Sess. (2002). The House Rules Committee
cleared the bill for same-day consideration, although the House adjourned without taking
it up. The Senate is also poised to consider the bill. President Bush has indicated that
he will sign the bill into law.
This report examines the Conference Report provisions governing the homestead
exemption and dischargeability of abortion clinic violence.
The Homestead Exemption. The Senate version of H.R. 333 added a federal
cap to state homestead exemptions of $125,000. The House version imposed a cap of
$100,000 only on a debtor who transfers his or her domicile and residence within two

Congressional Research Service + The Library of Congress

CRS Report for Congress
Received through the CRS Web

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