Aaah the bankruptcy and debt issue. Welcome to my world gentlemen. As I've mentioned previously when we have discussed our occupations I have told you I work in the court system. Well to be more specific a HUGE chunk of what I do involves these vary topics.
Let me say this new bill is just heinous for several reasons. First, it allows many wealthy people to exempt huge chunks of income. Sorry, I have forgotten the exact name of the shelters that are used. Second it makes no exception for medical emergencies or job loss. Honest, hardworking people will be lumped in with the deadbeats. Third, this was not done to help out a struggling, vital industrie. By most accounts, credit card companies had profits of $30 BILLION last year!
Let me be clear on one thing. I'm not saying that we should allow people to live extravagant lives, run up huge bills and then just walk away. I deal with people like that everyday. I know that one day I am just going to lose it and yell at someone whining about how unfair it is that they have to pay their debts. "Hey, maybe you should have thought about the fact that you have a $8 an hour temp job BEFORE you bought the brand new Lincoln Navigator!!!"
So yes, such people shouldn't be able to just instantly declare bankruptcy. Again the problem is that this bill is far too broad and punitive towards those who really want to make good on their debts.
Another thing to consider is the nature of collection attorneys. Their are lots of them who are tough but really just doing a service that need so be done. Their are others, however, who are vicious, manipulative fiends who can turn a two month old, $10 bounced check into into years of economic servitude. It would take more time than it's worth to explain why but believe me when I say that if you become a debtor and want to make it right, it is frequently not your best interest to do so. The whole system means that unless you get lucky and are dealing with a reasonable attorney, you will be punished slightly for your mistakes. You will be punished harshly for OTHER peoples mistakes as well.
Here's an example of how the picture painted by the sponsors of the bankruptcy bill doesn't square with reality. Just today a collection firm settled a suit filed by the MN Attorney general. This firm was collecting on behalf of a non-profit hospital system that received funding and tax breaks from the state in exchange for providing medical services to qualified low income citizens. Soon enough the hospital and the firm turned this into a money making system in contadiction to the deal with the state. They were double billing, illegally freezing bank accounts, and in the words of the AG, "generally skirting the law."
The whole collection/bankruptcy system is cesspool and this new bill, rather than a cleanup, is like dumping another ton of sewage in. The best solution right now is a massive change in American attitudes toward consumption and debt. I don't see that happening any time soon unfortunately.