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  • Tuesday, March 08, 2005


    Bankruptcy Legislation

    TalkingPointsMemo, a favorite political blog of mine, admits to spending too much time perhaps on the Social Security "restructuring" debate. Other political issues are getting short shrift because of this. Josh has launched a special site devoted to examining the bankruptcy bill working its way through Congress. It looks to be very interesting to me since I've commented on bankruptcy here and here. The following is from the opening statement from the Professor leading the site.

    The bill is more than 500 pages long, all in highly technical language. But the overall thrust is pretty clear:

    • Make debtors pay more to creditors, both in bankruptcy and after bankruptcy, so that a bankruptcy filing will leave a family with more credit card debt, higher car loans, more owed to their banks and to payday lenders.

    Make it more expensive to file for bankruptcy by driving up lawyers’ fees with new paperwork, new affidavits, and new liability for lawyers, so that the people in the most trouble can’t afford to file.

    • Make more hurdles and traps, with deadlines that a judge cannot waive even if someone has a heart attack or an ex-husband who won’t give up a copy of the tax returns, so that more people will get pushed out of bankruptcy with no discharge.

    Make it harder to repay debts in Chapter 13 by increasing the payments necessary to confirm in a repayment plan, so that more people will be pushed out of bankruptcy without ever getting a discharge of debt.

    There are people who abuse the system, but this bill lets them off. Millionaires will still be welcome to use the unlimited homestead exemption. And if they don’t want to buy a home there, they can just tuck their millions of dollars into a trust, a “millionaire’s loophole” that lets them keep everything—if they can afford a smart, high-priced lawyer.

    I don’t get paid by anybody on any side of this fight. I just think it isn’t fair.

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