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Issues in Consumer Bankruptcy Reform 1 (July 24, 2001)

handle is hein.bank/crsbank0034 and id is 1 raw text is: Order Code RS20780 Updated July 24, 2001 CRS Report for Congress Received through the CRS Web Issues in Consumer Bankruptcy Reform Robin Jeweler Legislative Attorney American Law Division Summary This report examines several issues that have been prominent in the debate over consumer bankruptcy reform during the last two congresses. They are the focus of congressional debate once again in the 107th Congress. Issues considered include the proposal to impose a federal cap on the bankruptcy homestead exemption; amending the Bankruptcy Code to make liability incurred in connection with violence at reproductive health clinics nondischargeable; the effect of bankruptcy reform on debtors' child support obligations; and the linkage of the treatment of credit card debt in bankruptcy to credit marketing and lending practices under the Truth in Lending Act. This report will not be updated. Background. Shortly before the close of the first session of the 105th Congress - and shortly before the National Bankruptcy Review Commission issued its report recommending changes to the law' - legislation was introduced to dramatically change the manner in which consumer bankruptcies are administered under the U.S. Bankruptcy Code, 11 U.S.C. § 101 et seq. Legislation came close to passage in both the 105th and 106th Congresses. Shortly before the close of the 106th Congress, bankruptcy reform passed both chambers. President Clinton withheld his approval, Congress adjourned sine die, and the bill was pocket vetoed.2 The reform bills of the last several congresses have been comprehensive. In addition to consumer bankruptcy, they encompass titles addressing small business and general business bankruptcies, including bankruptcy tax provisions. However, in contrast to consumer bankruptcy, the ability of businesses to file has not generated the legislative impetus to contain their numbers. Hence, the proposed amendments to business-related bankruptcies are more consistent with traditional bankruptcy practice and have been somewhat less controversial. Some critics have suggested, however, that proposed business-related amendments, particularly those relating to small business and single-asset 1 Bankruptcy: The Next Twenty Years, National Bankruptcy Review Commission Final Report (Government Printing Office, October 20, 1997). 2 The conference report to H.R. 2415, 106th Congress, 2d Sess. (2000) passed by the House by a voice vote, and the Senate by a vote of 70 to 28. Congressional Research Service + The Library of Congress

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