S 3046 · 106th Congress · Finance and Financial Sector

Bankruptcy Reform Act of 2000

Introduced 2000-09-14· Sponsored by Sen. Lott, Trent [R-MS]· Senate

Bill Progress

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Introduced
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Committee
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Senate Vote
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House
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Enacted
Latest: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 807.(2000-09-15)

Plain Language Summary

[AI summary unavailable — showing source text] Bankruptcy Reform Act of 2000- Title I: Needs Based Bankruptcy - Amends Federal bankruptcy law to revamp guidelines governing dismissal or conversion of a Chapter 7 liquidation petition (complete relief in bankruptcy) to one under Chapter 13 (Adjustment of Debts of an Individual with Regular Income). Allows a bankruptcy panel trustee and any party in interest to move for such dismissal or conversion (current law prohibits a party in interest from such motions). Lowers the "substantial abuse" standard for dismissal or conversion to one of simple abuse. Replaces the presumption in favor of granting the relief sought by the debtor with a presumption that abuse exists if the debtor's current monthly income exceeds specified formulae. (Sec. 102) Provides that the presumption of abuse may be rebutted only with detailed documentation of special circumstances requiring additional expenses or adjustment of current monthly total income. Includes within the calculation of debtor's monthly expenses: (1) those expenses incurred to maintain the safety of the debtor and the debtor's family from family violence as identified under the Family Violence Prevention and Services Act or other applicable…

Summarized by Claude AI · Non-partisan · For informational purposes only