Bankruptcy and Creditors' RightsNewsletter - First Quarter 1999
In this Issue...
Recent Legislative Activities – 106th Congress
December 27, 1999
- The House held three days of hearings in March on the bankruptcy reform
bill (H.R. 833), with more than 50 witnesses. In April, the House Judiciary
Committee devoted several days to the bill, with much of the debate devoted to
the means test for filing Chapter 7, the use of IRS expense standards rather
than the disposable-income test and the 25% unsecured debt repayment capacity
provision in Chapter 13. On April 28, 1999, the House Judiciary Committee
approved the bill, as amended, 22-13.
- The Senate is considering its version of bankruptcy reform (S. 625). The
Senate bill appears also to be on a fast track. On April 27, 1999, the Senate
Judiciary Committee approved the bill by a bipartisan 14-4 vote. It is expected
the full Senate will consider the bill by Memorial Day.
- Chapter 12 was extended for an additional six months to October 1, 1999,
when the legislation was signed by President Clinton on March 30, 1999.
- Representative John LaFalce (D-NY) has introduced legislation (H.R. 900)
to amend the Truth in Lending Act to enhance consumer disclosures regarding
credit card terms and charges, to restrict issuance of credit cards to students
and to expand protections in connection with unsolicited credit cards, among
other credit practices.
- On May 4, 1999, President Clinton introduced several legislative
proposals and executive orders intended to "give all Americans both the
tools and the confidence they need to fully participate in a thriving but highly
complex 21st century economy," stated Clinton in an afternoon press conference. Among
the Administration’s proposals, the "Financial Privacy and Consumer
Protection Initiative" advocates increased disclosure by the consumer
credit industry. Clinton stated that some credit solicitations "contain new
traps for the unwary", referring to teaser rates. The Administration will
also advocate greater disclosure of interest rates, security interests, late
payment fees and fees on credit advances through third-party checks, high LTV
mortgages and credit card solicitations made through the Internet.