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S. 3259

BillFederalSenateIn Committee
Consumer Credit Fairness Act
About This Bill
Committee
Latest Action · July 14, 2008
Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S6652)
Congress
110th (2007–2009)
Introduced
July 14, 2008
Cosponsors (1)
1D 0R
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Summary

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Consumer Credit Fairness Act - Amends federal bankruptcy law governing equitable subordination of claims in a bankruptcy case to: (1) subordinate a claim arising from a high cost consumer credit transaction to all other claims; and (2) require transfer to the estate in bankruptcy of any lien securing a subordinated claim. Defines "high cost consumer credit transaction" as an extension of credit by a creditor resulting in a consumer debt with an applicable annual percentage rate (APR), including related costs and fees, that exceeds the lesser of: (1) the sum of 15% and the yield on U.S. Treasury securities having a 30-year period of maturity; or (2) 36%. Excludes a debtor's petition for relief resulting from a high cost consumer credit transaction from mandatory consideration for dismissal, or conversion to a case under chapter 11 or 13, based upon a finding of substantial abuse.

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