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Reprinted from the November 1997 ABI Journal November 1, 1997

Web posted and Copyright © November 1, 1997, American Bankruptcy Institute.

enators Grassley (R-IA) and Durbin (D-IL) introduced the "Consumer Bankruptcy Reform Act of 1997" on October 21 (S. 1301). The bill amends §707(b) to permit the transfer of cases from chapter 7 to 13, on a creditor's motion, if the debtor can repay 20 percent or more of its non-priority unsecured debt, among other features. The ability to repay would be determined by analysis of the debtor's income, assets and obligations.

The House Judiciary Committee Subcommittee on Commercial Law has set November 13 as the date for hearings on the National Bankruptcy Review Commission Report.

The Senate Judiciary Committee has favorably reported bills to make chapter 12 permanent (S. 1024) and to limit the ability of courts to reduce the property tax claims and liens of state and local governments in chapter 11 cases (S. 1149).

Several bills on tithing have been introduced. S. 1244 (Grassley, R-IA) and H.R. 2604 (Packard, R-CA) would permit tithing to religious entities and contributions to charitable entities in amounts not exceeding 15 percent of gross income or if the transfer was otherwise reasonable and consistent with the debtor's practice. The right of the debtor to make these contributions would be permitted in both chapter 7 and 13. A separate House bill, H.R. 2611 (Chenoweth, R-ID), would simply amend §548 to permit tithes now avoidable under interpretations of fraudulent conveyance law.


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