Floor Amendments to S. 420, PASSED AND DEFEATED (March 2001)

 

Title                                          Description                                                Vote Result

 

Priority for Small Business Creditors.  Amendment #13

(Leahy)

Provides small business creditors (those with fewer than 25 employees) would receive a priority over other non-priority creditors

Defeated

58-41-1

(March 7)

To exempt those with medical debts from the provisions of the bill.  Amendment #14

(Wellstone)

The bill’s terms do not apply if a count determines that the filing resulted from medical debts

Defeated

34-65-1

(March 7)

Predatory Lending.  Amendment #17

(Durbin)

Provides for claim disallowance where a lender has violated the Truth in Lending Act

Defeated

50-49-1

(March 8)

Involuntary Cases.   Amendment #15

(Baucus)

 

 

Family Fishermen.  Amendment #16

(Collins)

Permits chapter 12 provisions to apply to fishermen

 

Study on Reaffirmation.  Amendment #18

(Reed)

Calls for GAO report to Congress within 1 year on the extent of reaffirmation practices

 

Separated Spouse.

Amendment #19

(Leahy)

Provides bankruptcy relief for battered women who receive no support from their spouse

Passed

56-43-1

(March 15)

Definition of “current monthly income.”  Amendment #20

(Leahy)

Would measure debtor’s monthly income based on the 6-month period ending on the last day of the calendar month before the filing

 

Predatory Lending.  Amendment #25

(Schumer)

Would prevent a predatory lender from avoiding debts in bankruptcy

Passed

55-44-1
(March 13)

Small Business.

Amendment #26

(Kerry)

Would strike the entire small business title of the bill and replace it with a study of the causes of small business bankruptcies and ways to improve the law based on that study

Defeated

55-41-1

(March 8)

Credit Limit to Minors.  Amendment #27

(Feinstein)

Limits the credit that companies could extend to customers under age 21 without a parent’s permission

Defeated

55-42-1

(March 13)

Home Heating Assistance.  Amendment #28

(Bingaman) (non-germane)

Increases funding for LIHEAP program (Low Income Heating and Energy Assistance Program)

Passed by Voice Vote
(March 8)

Social Security and Medicare Lockbox Act of 2001.  Amendment #29

(Conrad) (non-germane)

Creates a “lockbox” for Medicare and Social Security trust fund surpluses; prohibits surpluses from being used for other purposes.

Defeated

53-47

(March 13)

Republican Response to Social Security and Medicare Lockbox Act of 2001.  Amendment #32

(Sessions) (non-germane)

 

Defeated

52-48

(March 13)

Employee Benefit Plan. Amendment #35

(Wellstone)

Clarifies the duties of a debtor who is the plan administrator of an employee benefit plan

 

PayDay Loans.

Amendment #36

(Wellstone)

Prevents claims in bankruptcy on high-cost credit transactions in which the annual interest rate exceeds 100 percent

Defeated

59-40-1

(March 14)

Trade Adjustment Assistance. Amendment #37

(Wellstone)

Provides that imports of semi-finished steel slabs be considered to be articles like or directly competitive with taconite pellets for purposes of determining the eligibility of certain workers for trade adjustment assistance under the Trade Act of 1974

 

Reasonable Medical Expenses. 

Amendment #38

(Kennedy)

Allows debtor's monthly expenses to include an allowance to purchase a health insurance policy for the debtor, dependents and spouse

 

Retirement Savings. 

Amendment #39

(Kennedy)

Eliminates the $1 million cap on the amount of IRA retirement money that would be protected from creditors in bankruptcy court

Defeated

61-37-1

(March 13)

Home Energy Costs and Means Test. 

Amendment #40

(Carnahan)

To ensure that expenses associated with home energy costs are included in debtor’s expenses

 

Identity Disclosure of Minor Children. 

Amendment #41

(Leahy)

Protects the identity of minor children in bankruptcy proceedings

Passed

99-0-1

(March 15)

 

Amendment #42

(Boxer)

Raises to $750 the threshold for luxury good classifications

Passed by Voice Vote

(March 15)

 

Lloyd's of London.

Amendment #51

(Feingold)

Strips language allowing disgruntled U.S. investors in Lloyd's of London to ignore court rulings to make good on losses related to asbestos and pollution cases as well as earthquakes and hurricanes

 

Homestead Exemption.  Amendment #68

(Kohl)

Makes it harder for wealthy debtors to shield assets by purchasing expensive homes in states that bar creditors from seizing the homes in bankruptcy auctions

Passed by Voice Vote

(March 15)

Tabling Motion Defeated 39-60-1
(March 15)

Amendment #69

(Wellstone)

 

 

Means Test.  Amendment #70

(Wellstone)

Fixes means test by looking at present and future income, not income over the past 6 months

Defeated

77-22-1

(March 15)

 

Waiting Period.

Amendment #71

(Wellstone)

Strikes 5-year waiting period between chapter 13 filings

Defeated

63-36-1

(March 15)

Amendment #72

(Wellstone)

 

 

Safe Harbor. Amendment #73

(Wellstone)

Exempts any debtor who files bankruptcy because of job loss due to foreign trade

 

Amendment #74

(Wellstone)

 

 

Credit Card.  Amendment #75

(Dodd)

Prevents marketing of credit cards to those under 21 unless consumer provides parent or guardian co-signature, independent means of financial support, or agrees to complete a course in financial management

Defeated

58-41-1

(March 13)

Utility Debts.  Amendment #78

(Wyden)

Makes nondischargeable energy debts away from power transfers from Pacific northwest states to California power users

Defeated

67-30-1

(March 14)

Consumer Bankruptcy Reform Act of 1998 Substitute. Amendment #93

(Durbin)

Substitute bill for the Consumer Section which would strike Title II and replace with a bill that passed the Senate in 1998

Defeated

64-35-1

(March 14)

Utility Debts.  Amendment #95

(Smith)

Modification of Wyden amendment

 

Manager’s Amendment

(Hatch/Leahy)

Makes technical corrections and other changes to S. 420

 

Amendment #105

(Leahy)

 

Passed by Voice Vote

(March 15)