Bankruptcy Reform



President Bush this week signed legislation that reforms the current bankruptcy system. Apparently, too many people were filing for bankruptcy, and the credit card companies were getting stiffed.

In defense of those credit card companies, the bankruptcy system probably was abused all too easily. If I were a congressman or a senator, I probably would have even been willing to vote for it, but not in its present form.

To my perception, there were two amendments that should have been tagged onto this bill, that, in their absence, make this bill too much of a giveaway to companies that loan money to individuals or otherwise are large-scale creditors and doesn't do enough to protect those who truly need bankruptcy protections.

The first amendment that should have been on this bill would have offered some degree of minimal protection for those whose medical bills grew too large, too quickly, and had no reasonable means of paying for them. Someone who had the misfortune of getting sick, or having a family member get sick, when they lose their income, their insurance benefits, and, not long thereafter, their money, they need more protections than this bill provides for. If we are not going to allow for some degree of universal health care in this country, bankruptcy protections are more than needed.

Second, and no less important, is a reining in of the marketing practices of the credit card companies. I have written before about how unnecessary the marketing of credit cards really is (when you consider the sheer number of ways one can obtain a credit card). Is it not possible that the credit card companies are losing a lot of money through personal bankruptcies because they issued too many credit cards?

When I receive a credit card solicitation in the mail, I send them a canned letter in response, thanking them for their generous offer. This letter offers a tongue-in-cheek thanks for the assurance that I am not the victim of identity theft (thus saving me the need to check my own credit rating), and a sarcastic thanks for providing me with endless confetti for my next party.

When I receive a telemarketing call offering me a new credit card, I tell the person at the other end of the phone that I would love to take out one of their cards, as long as the credit limit is at least three times my annual income (and I will gladly answer any questions with regard to my actual income, being willing to provide photocopies of my last two or three years' worth of W-2's if necessary). Somehow they never seem to follow through on my willingness to accept their offer.

Is there room for abuse of the bankruptcy system, and should that abuse be curtailed? Absolutely! But in weeding out the bad people, let's not overlook those who got them there in the first place, and let's not overlook those who are more victims than victimizers.

Posted: Thu - April 21, 2005 at 11:00 PM        


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