HR 833 - Bankruptcy Reform bill - National Key Vote

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Title: Bankruptcy Reform bill

Vote Smart's Synopsis:

Vote to pass a bill that imposes a means test for individuals wishing to file for bankruptcy. The means test determines whether the individual would be allowed to file under Chapter 7, essentially exonerating their debts after they have liquidated their assets, or if they would be forced to file under Chapter 13, requiring them to pay back creditors on a court approved time table.

Highlights:

  • Requires debtors to pay their creditors at least $15,000 or 25 percent of their total debt in the five-year period after filing for bankruptcy.
  • Places domestic support obligations such as child support and alimony amongst the first priority claim category of non-dischargeable debts on a debtor filing for bankruptcy.
  • Requires debtors to pay for and attend credit counseling prior to filing for bankruptcy.
  • Requires credit card companies to include information regarding interest rates, repayment plans, and fees on monthly statements.
  • Increases the minimum wage from $5.15 to $6.15 per hour over the next three years.
  • Provides $18.5 billion in tax cuts for small business.
  • Strengthens penalties and law enforcement resources to reduce the production of methamphetamines.

See How Your Politicians Voted

Title: Bankruptcy Reform bill

Vote Smart's Synopsis:

Vote to pass a bill that imposes a means test for individuals wishing to file for bankruptcy. The means test determines whether the individual would be allowed to file under Chapter 7, essentially exonerating their debts after they have liquidated their assets, or if they would be forced to file under Chapter 13, requiring them to pay back creditors on a court approved time table.

Highlights:

  • Stipulates that debtors whose income is greater than the median regional income must file under Chapter 13 and pay their creditors at least $6,000 or 25% of their total debt in the five-year period after filing.
  • Prohibits a debt relief agency from failing to provide services, misleading debtors, providing false representation of their services, or encouraging debtors to add more debt if a bankruptcy proceeding may take place.
  • Places domestic support obligations such as child support and alimony amongst the first priority claim category of non-dischargeable debts on a debtor filing for bankruptcy.
  • Implements $250,000 cap on the amount of home equity a debtor can shield from creditors.
  • Requires debtors to pay for and attend credit counseling prior to filing for bankruptcy.
  • Requires credit card companies to include information relating to interest rates, repayment plans, and fees on monthly statements.
  • States that luxury goods worth more than $250 would not be protected from creditors if purchased within 90 days of filing for bankruptcy.

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