Introduced Version
House Concurrent Resolution 73 History
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Key: Green = existing Code. Red = new code to be enacted
HOUSE CONCURRENT RESOLUTION NO. 73
(By Delegate Manchin)
Requesting the Joint Committee on Government and Finance to conduct
a study on the need to modify the exemptions allowed in
bankruptcy proceedings.
W
HEREAS
, In 2005, sweeping changes to the bankruptcy laws went
into effect; and
W
HEREAS
, According to its proponents, the provisions of Chapter
Seven of the new bankruptcy law would give those honest deserving
debtors all the relief they would need; and
W
HEREAS
, A major flaw in the law is highlighted by the plight
of many widows and widowers in this state who have acquired their
deceased spouse's interest in the marital home, but did not acquire
the deceased spouse's income; and
W
HEREAS
, With the increasing property values in this state,
especially along the I-79 and I-68 Interstate corridors, it is
almost impossible for a surviving spouse to maintain their home
without family help; and
W
HEREAS
, It is essential that honest debtors be treated fairly
and equitably and that citizens be allowed those exemptions that
ensure they will not be without a home in their declining years; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the need to modify the exemptions allowed in
bankruptcy proceedings; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2008, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
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