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1.5.1.5 The 2005 Amendments

The tortuous legislative process leading to the 2005 amendments lasted over eight years. There were numerous versions of the bankruptcy bill that reflected changes as the legislation evolved.126 There were also various committee reports explaining many of these bills. The final legislation is explained, to some degree, in the House Judiciary Committee Report issued before the bill went to the House floor.127 To the extent the language of the amendments is not clear, reference to the House report and to the prior versions of the bill which may have had different wording can be illuminating. However, for some of the provisions in the legislation, there is very little, if any, explanation in the legislative history.

Footnotes

  • 126 {124} For a description of the legislative process and citations to previous versions of the bill, see Susan Jensen, A Legislative History of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, 79 Am. Bankr. L.J. 485 (2005).

  • 127 {125} H.R. Rep. No. 109-31 (2005), available online as companion material to this treatise.