109th Congress / Senate / 1st session / Vote 44

• Question: On Passage of the Bill
• Bill: S 256
• Vote description: S. 256 As Amended; Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
• Vote type: 1/2 (Help)
  A simple majority of those present and voting is required for approval or passage.
• Result: Passed, 74-25, with 1 not voting.
• Date/time: March 10, 2005, 6:12 p.m.
• Republican majority opinion: Yes (Help)
  The position of more than 50 percent of voting Republicans. "None" means an equal split between "Yes" and "No."
• Democrat majority opinion: No (Help)
  The position of more than 50 percent of voting Democrats. "None" means an equal split between "Yes" and "No."

Key Vote Analysis

This law made it harder for people to erase debt by declaring bankruptcy. A Washington Post report said the law represented the most significant change to bankruptcy law in 25 years. The bill was backed by the White House, the credit card industry, retailers, and financiers. A Washington Post article said the "bill would require many people filing for bankruptcy court protection to repay a portion of their debt under Chapter 13 of the bankruptcy code rather than allowing them to erase it almost entirely under the more commonly used Chapter 7. It is estimated that the proposed legislation would force 30,000 to 100,000 additional filers a year into Chapter 13." The bill's supporters said it was needed to rein in debtors who used the previous bankruptcy law to abuse the system.

The bill was opposed by consumer rights groups who said it was too harsh and did not take into account dire situations faced by those who face divorce, disease, job loss, and other crises.

The Washington Post reported that the "banking, credit card, and retail" industries, supporters of the bill, gave more than $56 million to candidates and parties during the 2004 elections, most of it going to Republicans.

The bill was passed by the Senate and House in April 2005 and was signed into law by the president on April 20. Its provisions took effect in October of 2005.

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Vote totals