On the recordSeptember 23, 1998
I would like to commend the authors of this legislation, Senators Durbin and Grassley, for their efforts on this legislation and their acceptance of my amendment which will help prevent drunk drivers from escaping the debts they owe to their victims by filing for bankruptcy. As my colleagues know, Congress has always worked in a bipartisan way when working to protect the victims of drunk-drivers under the Bankruptcy Code. In 1984, Congress passed the Bankruptcy Amendments and Federal Judgeship Act of 1984 which contained provisions to prevent drunk drivers from avoiding their debts to victims by filing for bankruptcy under Chapter 7. Although that Act closed a loophole in Chapter 7 of the Bankruptcy Code, drunk drivers began to file for bankruptcy under Chapter 13. Consequently, in 1990, Congress passed another measure to protect drunk-driving victims under Chapter 13. As originally drafted, S. 1301 contained a number of provisions that would have diluted the ability of drunk-driving victims to receive damages. Consequently, I drafted an amendment designed to ensure that victims would be paid for their injuries when the drunk driver filed for bankruptcy. Additionally, the amendment extended protections to victims of drunk boaters.
Source
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