Basic Documents Related to Bankruptcy Reform, 2002-2003

2002

House Conference Report on the Bankruptcy Abuse Prevention and Consumer Protection Act of 2002 (House failed to approve resolution allowing Report to be voted upon on November 14, 2002, by a vote of 172 - 243).
• Click here for a PDF version of General Printing Office's version of House Conference Report 107-617. It is 304 pages, and approximately 801 KB.
• Click here for just the text of the bill, as it was initially released. It is 435 pages and approximately 770 KB.
• Click here for a PDF version of just the Joint Statement to accompany the Conference Report. It is 103 pages, and approximately 364 KB.
H.R. 5745 (passed in House at 2:00 a.m. on November 15, 2002; died in Senate)
• Click here for a PDF version of the bill. It is 457 pages, and 810 KB.
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2003

The "Bankruptcy Abuse Prevention and Consumer Protection Act of 2003," H.R. 975 (introduced February 27, 2003)
• H.R. 975, as introduced on February 27, 2003. (463 pages, 711 KB)
• Testimony on hearing on March 4, 2003:
• Lawrence A. Friedman, Director, Executive Office for United States Trustees, United States Department of Justice
• Lucile P. Beckwith, President and Chief Executive Officer, Palmetto Trust Federal Credit Union Columbia, S.C. (on behalf of Credit Union National Association, Inc.)
• Judith Greenstone Miller, Raymond & Prokop P.C., Southfield, Mich. (on behalf of the Commercial Law League of America)
• George Wallace, Of Counsel, Eckert Seamans Cherin & Mellot LLC, Washington, D.C. (on behalf of the Coalition for Responsible Bankruptcy Laws)
• Markup Session, March 12, 2003 (no documents yet). Committee approves bill on a straight party line vote, 18-11-1 (with one Democrat "passing").
• H.R. 975, as reported to the House (456 pages, 704 KB)
• Report on H.R. 975 -- (H. Rep. 108-40, Part 1) -- (no Part 2 as of May 21, 2003) (601 pages, 1,913 KB)
• On March 19, the House passed H.R. 975, as amended, by a vote of 315-113-1, with five representatives not voting.
• H.R. 975, as passed by the House and sent to Senate (502 pages, 742 KB)
• H.R. 975, as placed on the calendar of the Senate on March 21, 2003 (502 pages, 731 KB)
The American Bar Association has opposed certain provisions of this bill affecting lawyers. Here is a markup of selected portions of H.R. 975, showing their proposed changes.

The Family Farmer Bankruptcy Relief Act of 2003, H.R. 2465, which extends the life of Chapter 12 to January 1, 2004. On August 15, 2003, President Bush signed this bill into law as Pub. L. 108-73, 117 Stat. 891.

Family Farmer Extension (Initially S. 1920, now same as HR 975). As of February 3, 2004, bill is at Senate desk with request for a conference.
• Original Bill (S. 1920)
• Senate passage; as received in House.
• House Resolution 503, permitting engrafting of H.R. 975 on S. 1920
• House Amendments -- Substance
• House Amendments -- Summary
• House Amendments -- Roll Call

Other bills of interest affecting bankrutpcy:
• Bankruptcy Judgeship Act of 2003, H.R. 1112 (introduced March 6, 2003 by Rep. Kingston and others; referred to Subcommittee on Commercial and Administrative Law of the House Judiciary Committee on May 5, 2003).
• Bankruptcy Judgeship Act of 2003, H.R. 1428 (introduced on March 25, 2003 by Rep. Kingston and others; referred to the Subcommittee on Commercial and Administrative Law of the House Judiciary Committee on May 5, 2003). Hearings held on May 22, 2003 before subcommittee. (Companion bill is S. 1061, listed below).
• H.R. 2158, which seeks to add one bankruptcy judge to the Eastern District of California, with the intent being that there be one judge holding hearings daily in Bakersfield, California. See Cong. Rec. E1005 (daily ed., May 20, 2003) (rem of Rep. Thomas).
• Federal Courts Improvement Act of 2003, H.R. 1302. Introduced in House on March 18, and marked up by the the Subcommittee on Courts, the Internet, and Intellectual Property, and recommended by voice vote for full approval by the House Judiciary Committee on March 20, 2003. Section 101 contains authorization for bankruptcy adminstrators in North Carolina and Alabama to appoint trustees in cases, and generally to have some of the powers exercised by the Office of the United States Trustee in other districts).
• Bankruptcy Judgeship Act of 2003, S. 1061 (introduced May 14, 2003 by Sen. Biden and others) (click here for the version printed in the Congressional Record is available as of May 21, 2003). Companion bill to H.R. 1428, listed above.
• Amendment to S. 878, reported favorably out of the Senate Judiciary Committee on May 15, 2003 (original bill added one federal judge in Idaho; amendment incorporated most of the substance of S. 1061). S. 878 was reported on favorably in the Senate on May 20, 2003 without a written report, passed by the Senate on May 22, 2003 (see Cong. Rec. S7065-7068 (daily ed., May 22, 2003)), and referred to the House on June 2, 2003, where, on June 25, 2003 it was referred to the Subcommittee on Courts, the Internet, and Intellectual Property of the House Judiciary Committee in the following form.
• The Involuntary Bankruptcy Improvement Act of 2003, H.R. 1529 (introduced on April 1, 2003 by Rep. Sensenbrenner). The House Judiciary Committee held a markup session on this bill on May 7, 2003, and reported it out favorably. See page D489 of the May 7, 2003 edition of the Congressional Record. The full house report, H. Rep. 108-110, was issued on May 19, 2003, and the House considered and debated the bill on June 10, 2003 (See Cong. Rec. H5103 (daily ed., June 10, 2003)). Thereafter, the House approved the bill, as reported, by a voice vote on May 19, 2003 (copy of bill as passed by the House). The bill was received in the Senate on June 11, 2003.
• Pension Fairness Act of 2003 (Title IX of H.R. 2101), introduced on May 14, 2003 by Rep. Miller. On June 25, this was referred to various House committees and subcommittees, including the House Judiciary Committee, and its Subcommittee on Commercial and Administrative Law. This bill would amend Section 547 of the Code to allow for the recovery of certain bonuses, and has a provision that would validate the Third Circuit's en banc position in Cybergenics.
• Financial Contracts Bankruptcy Reform Act of 2003, H.R. 2120 (introduced May 15, 2003 by Rep. Toomy and others). The House Financial Services Committee held a markup on this bill May 21, 2003 after which it was approved by a voice vote. Thereafter, it on June 25, 2003, it was referred to the Subcommittee on Commercial and Administrative Law of the House Judiciary Committee. On September 18, 2003, the House Finance Services Committee favorably reported on it in H. Rep. 108-277, Part I. On October 2, 2003, the House Committee on Judiciary Granted an extension for further consideration ending not later than Oct. 31, 2003.
• The Corporate Accountability in Bankruptcy Act, S. 832 (introduced on April 9, 2003 by Sen. Grassley).
• FCC Reauthorization Act of 2003, introduced on June 13, 2003 as S. 1264, and reported on favorable on September 3, 2003 in S. Rep. 108-140. It was then placed on Senate Legislative Calendar under General Orders as Calendar No. 268. Section 6 of this bill would essentially overturn the Supreme Court's NextWave decision. Senators Hatch and Leahy have objected to this bill on the basis that the Section 525 amendments were not reviewed by the Senate Judiciary Committee.
• Equal Treatment of Pensions and Bankruptcy Act of 2003, H.R. 2609 and S. 1343, each introducted on June 26, 2003. The Senate bill was immediately referred to the Senate Judiciary Committee. On September 3, 2003, H.R. 2609 was referred to the Subcommittee on Commercial and Administrative Law of the House Judiciary Committee, with the following statement at Cong. Rec. E1377 (daily ed., June 26, 2003) (rem of Rep. Conyers).
• Custom Business Fairness Act of 2003, H.R. 3003, introduced on September 5, 2003. This was referred to the House Judiciary Committee. It provides a tenth priority for unsecured creditors of custom brokers and sureties for various custom duties and taxes. A companion bill, S. 1772, was introduced by Sen. Graham of South Carolina on October 21, 2003.

Look for updates and more current information at the Thomas web site.

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Last updated: February 13,2004