I appreciate the clarification. Mr. President, when my friend from Iowa stated he was not aware--I am paraphrasing--of other areas in the Bankruptcy Code where they have such a harsh time limit, that is really not factual either, I respectfully submit, because chapter 7 filings have a time limit double that suggested by my amendment. So my point is that I think the section 109, for the reasons I have mentioned and I will repeat them very briefly, does not adequately prevent serial filings. We have had courts that have told us, ``Please, Congress, do something.'' I gave an example in my opening statement where one judge said they could even file within the 6-month period, if they want, more than one petition for bankruptcy under chapter 13. I think that is wrong. My friend from Iowa also said under section 109 there is broad authority to act. The remedies in section 109 simply do not work. My friend from Iowa gave the example of willful failure. I respectfully submit again, Mr. President, if you go before a court and/or a jury and you have a burden of proof to show ``willful,'' under the term ``willful failure,'' that is an extremely high burden that very few factual cases can establish.
Editor's note · Context
Discussing concerns about the Bankruptcy Code and its provisions during Senate floor debate.
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