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H.R. 2415: Bankruptcy Reform in the Closing Days of the 106th Congress 1 (January 12, 2001)

handle is hein.bank/crsbank0033 and id is 1 raw text is: Order Code RS20706
Updated January 12, 2001

H.R. 2415: Bankruptcy Reform in the Closing
Days of the 106th Congress
Robin Jeweler
Legislative Attorney
American Law Division

Summary

.A final effort to enact befrmo.ankruptcy reform legislation took place as the 106
Conwgress cae to a close. Oin Oct. 12, 2000. the Hose passed a conference report
whsic embodied the Jegislation negotiated between House and Seate Republicant
leadership. It ws passed bay the Seiate As well on 9ece9. er 7, 2000 by a vote of 70
to 2 8.
The legislation retained the essential elemints of conser reformi  tat previotusly
asse bothi cambers, i.e., a comlicated means test to excle sme dlebtlS frmct
chapter 7 and stricter perforiance requirements for chapter 13 debtors. Aong the
m1ore controv ersial provisionis, the Senate-paissed prov isioin making liability for v iolence
ag-ainist abortion facilities nondlischiargeable w~as oitted. Wit repc to the hoeIa
prov isioni, a miodified v ersion of the Houise applroachi was adopited. Tis mieans thlat
hlomlestead exemiptionis w\ould contWiue to vary- from11 state to stae, but dlebtor-s w\ould be
dIiscouraged fromi making prie-bankruLptcy doiciliaryN hiomesteadl adjustm1en1ts.
Becautse the bill retainedl featurfes thiat the Wh'ilte Houise ob-)jectedl to, Presidlent
Clin1tonl pocket-vetoed it. The legistationi is likely to be taken uip again in the 1 07'
Cong-ress.
Background. As the 106' Congress headed towards adjournment sine die, a final
push toward enactment of bankruptcy reform took place. Bankruptcy reform legislation,
which passed both chambers in different versions of H.R. 83 3 earlier in the 106'9 Congress,
was informally negotiated by House and Senate Republican leadership. The product of the
negotiations was substituted as H.R. 2415, 106th Cong., 1St Sess. (1999), previously
entitled the American Embassy Security Act of 1999. H.R. 2415 was described as a
legislative shell. Its original substantive provisions dealing with State Department
appropriations and embassy security were passed by both chambers, but ultimately enacted
under an Omnibus Appropriations Act.

Congressional Research Service ° The Library of Congress

CRS Report for Congress
Received through the CRS Web

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