On the recordFebruary 2, 2000
my amendment very simply provides that gun manufacturers or distributors cannot evade responsibility for damages which are caused by their reckless or negligent conduct or their fraudulent conduct by reorganizing in bankruptcy. The question has been raised, why single out one industry? The answer is, there are 18 exemptions in the bankruptcy law. We have singled out 18 different instances where public policy is such that we have decided people should not be able to discharge their debts. For instance, students who take out student loans cannot discharge their obligations in bankruptcy. So where public policy indicates we should say something is not dischargeable, we have done that on 18 different occasions. This amendment is strongly supported by the League of Cities and by the Conference of Mayors. About 30 cities have initiated lawsuits, cities from all parts of the country: New Orleans, Chicago, Atlanta, Cleveland, Cincinnati, St. Louis, and San Francisco being among them. This is a response to a tactic which is being used by a number of gun manufacturers that are being sued for reckless or negligent or fraudulent conduct, saying: No, we are going to hold you accountable. You cannot reorganize yourself in bankruptcy out of accountability and responsibility for the damages that have been caused by your own reckless or negligent conduct. I hope this amendment will pass.
Source
govinfo.gov




