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The Year's Biggest Untold Morality Tale Print E-mail
Written by David Batstone   

David BatstoneDebtors receive scant mercy in America today. Congress made sweeping changes to bankruptcy laws this past March, setting strict rules that block individuals from wiping out their debt.

Chapter 7 long has been a refuge for people who are so deep in debt they have no prayer of repaying what they owe. Under Chapter 7 standards, debtors turn over to the courts all but their essential assets (their shelter, for example, is off limits) in exchange for a clean start. But the new legislation dramatically narrows the gate to Chapter 7 protection, and pushes many debtors into Chapter 13 bankruptcy instead. In Chapter 13, debtors pay off their debt under a stringent schedule, and typically their wages are garnished well into the future.

No one wants to see irresponsible spenders rewarded, of course. If my neighbor buys plasma screen TVs and spends winters on a Caribbean isle, I don?t have much sympathy for his or her credit card woes. No question, financial discipline is in order for those individuals whose consumer appetites outpace their personal assets.

Most people who seek bankruptcy protection, however, are not living at the Ritz. A Harvard study released earlier this year found that nearly half of all Americans who file for bankruptcy do so because they are burdened by excessive medical expenses. Costly illnesses doom even those families with health insurance, according to the study, underscoring that private insurance plans often provide worst-case catastrophic coverage but inadequate security for less severe medical problems. It is ironic - and cruel - that Congress refuses to act to bring medical costs under control but hammers away at those who are the victims of skyrocketing medical bills.

Another large slice of Americans seek bankruptcy after an unexpected job loss or a divorce. Once I began to think of all the people close to me who sought Chapter 7 protection in the past few years, all of them fit into one of the above categories.

So why the deafening silence from politicians, the media, and religious bodies when the bankruptcy laws were being altered in Congress? The lack of forgiveness to debtors is surely as big a moral crisis as we have had to face in public life this year.

Credit card companies are now in line to recover billions of dollars in debtor assets. The new laws do nothing, however, to punish credit card companies that offer cards to people they know to be bad risks. Obviously, the big investments that bank credit companies have put into political campaigns over the past decade have paid off.

*Originally appeared in Sojourners magazine (July 2005)

Comments
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Sam - Morality and social justice
2005-07-13 08:04:55
Thank you for shedding a new kind of light on this very troubling issue. It is a difficult one, how to stop people from abusing the system without harming those whose misfortunes are not of their doing. Health care costs have bankrupted many people, yet we still treat them as if their illnesses or injuries were their own faults (they weren't). I think many people adopt such a condemning perspective and blame the victim to soothe their own fears."If this was the result of something that person did, then it doesn't threaten me because I'm not that careless or bad," goes the thinking. Our harshness somehow protects us, it seems - if I punish that guy then I feel better about my own situation. We have become cold, cruel, nasty and brutish - and that is a moral outrage. Where is the compassionate conservative? Where is the "Good Christian" right? Hypocrisy, thy name is the US.
John Renesch - bankruptcy laws
2005-07-13 08:39:32
I couldn't have stated the case better, David. Lobbying my the cc companies has turned our once visionary free-market system another step closer to living up to its growing reputation of "brutal capitalism."

How does one achieve a fresh start now? How does someone who's had a major reversal of fortune or suffered any of so many possible disasters as you described managed to get a new start, which was the original intent of the BK law in the first place.

I find it ironic that the very enterprises most responsible for private indebtedness can lobby for these kinds of changes which lines their pockets even further.

Thanks for the Wag.
Ann - Bankruptcy Laws
2005-07-13 09:03:44
I find it amazing that this administration can wink and nod at huge corporations while they bankrupt their workers and take advantage of very liberal bankrupcty laws for themselves. As a progressive Christian, I look for ways that our government metes out justice, and there is scant proof that anybody in this administration is the Christian they claim to be.
Joy - Single Sided Accountabilit
2005-07-13 09:44:21
Great article. I look forward to this e-bulletin weekly.
I strongly support accountability, but lets create a system that places accountability to all the responsible parties.
The article missed a large population that will be victimized by this change in bankruptcy law. When was the last time you walked on a college campus? College students are being given credit cards as though they were candy. I was aghast that my unemployed student was given a $5,000 credit limit, worse yet her friend as a full time student/part time waitress was given a $12,000 credit limit. Are the credit companies now giving higher limits because they don't fear a risk of bad debt write off? It isn't just the college kids that are victimized but other low income earners that are perceived to be of low risk, e.g. enlisted military personnel that we pay so poorly.
The credit companies need to be held accountable for the raping of those who didn't have an income capable of paying the credit limit they extended at the time it was granted, and those whose judgement is just beginning to mature. As a possible remedy to the one-sided accountability we could use apartment owners as an example. Apartment owners generally require that tenants have an income that is at least three times the rent, thus being accountable for renting to folks that have a realistic goal of paying the rent each month. Perhaps we need to impose a requirement that credit companies can offer credit that results in a monthly payment of no more than 20% of the debtors income(or some other reasonable percentage), thus putting some of the burden on the credit company and limiting the exposure of both the debtor and the debtee. There must be other solutions; we should not let this law remain in its current state. This is an outrage, yet we put this administration in office not once but twice.
Thank you for the venue to share our opinions.
Prof. (retired) Arden C. Hande - ....Marketing madness!....
2005-07-13 10:16:22
If the personal financial deficits are in a bad way today, just wait until the burst of the bubble in the housing market occurs. Mortgages granted in hundreds of thousands of dollars beyond any reasonable formula will "go under" along with everything else a person may have acquired or accumulated with the advent of this "deflation." While this has happened in select & scattered markets before, this time it will be national in impact, and the banking industry will hold, from foreclosure, "paper" never to reach such levels again. Housing inflation is already affecting first-time & Poverty-level assisted programs, but bankruptcy levels cannot help but rise unduly when housing deflation happens.

In the meantime, marketing of credit must be understood as just another advertising blitz. People are not really shameless or deadbeats, but the three prime conditions for bankruptcy do not always happen to the other guy, & some holes are just too deep to dig oneself out of: short orlongterm. The so-called bankruptcy reform bill recently enacted is tragically flawed in favor of the lending institutions, not unlike the Medicare Rx Provisions which will put 3 our of 4 dollars into the pharmaceutical industrry's hands, not the consumer's. Many people, myself included, still get "preapproved" credit card offers almost daily, but while I rip them up, many do not. Those already in financial straits plunge deeper with these when a late payment catapults the low interest or no interest offer beyond 20%. Yet, these offers keep coming, & the Delaware based CC industry is not punished in the least. Could we not argue "entrapment" here? Corporate losses written off & CEO salaries inflated for managing them do not create or maintain jobs, & many workers will seek respite in the "Payday Today" schemes that defy all usury rates. Those poor people already in the "cash economy" with off-the-books jobs are not even eligible for bankruptcy protections, and this segment is increasing, not decreasing.

Reimposition of usury laws is a necessary part of the answer & one on which the OT was quite clear. Consumers must be educated to avoid credit scams, but industry responsibility must also increase. Black-&-white formulae must be replaced with flexibility & responsibility, yet including compassion. Rather than consumers having become shamelsss, it is marketing & advertising that must bear this brunt. It'll be harder to grin while we bear it in the meantime. A goodly portion of British stoicism would help us endure while we wait, but this matter will get worse before it gets better, seemingly the American way, even if very costly. The social fallout before the next attempt to fix the bad bankruptcy bill will be large.
Janet Auty-Carlisle - Taking Advantage
2005-07-13 11:39:14
That is a very thought-provoking article. Living in Canada we have a different health care system in that the basics are covered by the provincial government.
I have always been grateful for this system although it, too, has some flaws.

That said, the issue of credit card companies issuing cards to people who can?t afford them is a huge one
My daughter worked, for one day, at a place where she would offer credit cards to just this population. She only lasted her first day because she didn?t like the ethics behind the marketing. She knew that these people couldn?t afford to have cards but they were all willing to take them not understanding the repurcussions behind their decisions. It then becomes a vicious cycle?..can?t pay the card so get another one?.Wouldn?t it be a good idea to offer people basic concepts in borrowing before they got the cards.

Perhaps credit card companies should be forced to tell people upfront what they can expect before they agree to take on the extra debt load?.just a view from ?up north.? Living la vida fearless.

Janet Auty-Carlisle www.tobeyourbest.net
Kent Handelsman - Governments and The People
2005-07-13 12:36:25
It is beyond draconian what has happened to this land "of the people, by the people, for the people!" Starting with the granting of "person rights" to corporations in the last century by the Supreme Court, this country and quickly become "...by the Corporations, for the Corporations" while whittling away at the benefits and protections for the people!

In addition to the bankruptcy laws and making them about protecting the profits of the greedy, our Federal (and State) government is equally horrid in its treatment of people with tax problems. Outside of bankruptcy protection, the Government takes preferred and first standing, has dramatically understated living expense allowances, and is willing to take EVERYTHING in the collection of taxes and interest and draconian penalties without any willingness to negotiate or consider circumstances.

Daily, it is becoming harder to remember what this country is supposed to really stand for. Certainly the actions of our Government do NOT speak to the stated intentions of our founding principles!
Charles Ingrasci - bankruptcy laws
2005-07-13 13:07:19
One telling thing for me is that congress did not in any way curtail the cc companies ability to irresoinsibly extend unsecured debt. I think the cc companies are doing more of it. Since the new laws our home is receiving ever more offers for credit cards for our 20 year old son and our 22 year old daughter NEITHER of whom have any real reliable income.
Tara Hunt - Crushing debts
2005-07-13 13:16:00
Great post David.

I wrote an article on this matter?having seen first hand how debt can ruin lives and how many people have their hands in the pot:

State Sanctioned Spending: The crushing guilt of consumerism and debt
http://www.newtopiamagazine.net/modules.php?op=modload&name=News&file=article&sid=19
John Rooney - bankruptcy and exempt assets
2005-07-13 14:37:22
While Congress cracked down on thoughtless debtors, they clarified the situation of those who plan ahead. Planners can protect homesteads, IRAs, 403bs, pensions, etc. Asset protection has become a new legal specialty. Arguably it is unjust to stiff your creditors. See Aristotle et al.
Rupert Ayton - Debtors and Society
2005-07-13 14:56:46
Dear Wag,

Are you asking where our compassion has gone to? The moral struggle over bankruptcy law is just surface evidence of the mean streak of greed that continuously threatens societies. We can look back to ancient Rome and find it there. A society that once gave debt sabbaticals ended up enslaving free Romans. The ramifications of our social parallels to Rome can be frightening unless we learn Rome?s lessons, one being debt and sustainability. The expedient is not always best. Free is not always free. Debt has become the tool of economic growth, both in terms of ?freeing? entrepreneurs and ?empowering? consumer choice. Without intelligent, long term thinking, society risks being an embodiment of mortgaged-to-the-hilt, meaning dead. Without a social counter-balance, the goal of credit card profitability?customers charged to the maximum and always paying one month late?is enslaving. Can we enact basic standards of compassion that protect society during life-altering events such as redundancy, debilitation, and divorce? And can we enact standards of benevolent care such are requiring that all consumer debt be amortizing? I think so. I think the first step in the right direction is more education.
melanie - Another perspective
2005-07-14 09:38:13
Yes ... and then you have the story of 'Mary,' which can be found on this post ... http://mariasariego.typepad.com/blog/2005/07/about_a_dog.html ... Mary is in her fifth bankruptcy, is currently recovering from a horrific accident that she caused when she was 'fiddling' with drug paraphernalia while driving her friends' new truck (under a revoked license), and has now incurred several hundred thousand dollars in medical bills for hospital, surgeries, and many months of rehab, for which she has no insurance. In addition, she sued (with the help of a lawyer who took on her case pro bono) the national breed club that took her 8 dogs and 3 cats into rescue after her accident (all of which were severely neglected) as well as several other people, and won to get her dogs returned ... which she cannot afford to take care of (she couldn't even afford the transportation bill to get them back ... the foster homes who had nursed them back to health had to pay to ship them back so they can once again be neglected and abused, thanks to our legal system).

Although I agree that credit card companies are using unethical marketing practices and that lenders and companies with deep pockets should not have free rein, if this new bill means that people like Mary are made more accountable for their actions, I'm all for it. I'm not saying everyone is like this person, and I know we need to strike a balance, but I also know she is not the only person out there who knows how to play the system, and I'm sick of the fact, frankly, that the rest of us support their lack of responsibility with our hard work.
Kent - Individuals Need to Own Up as
2005-07-14 15:19:02
I?m not a big fan of the bankruptcy reform bill either, but it?s not as draconian as described in the previous posts. Folks who can show they don?t have the financial wherewithal to pay off their debts can still have them wiped clean and get a fresh start. Those who can repay their debts will be required to. Folks with huge medical bills that they can?t pay won?t be forced into involuntary servitude.


It?s easy to blame the credit card companies for people getting in over their heads, but individuals should take responsibility for their own decisions. After all, people who skip out on their debts hurt the rest of us. Bankruptcy, like abortion, should be safe but rare.
John - Bankruptcy reform
2005-07-17 20:09:49
I believe the reform is one sided and biased. It was only a matter of time ,though, before the greased hand of the political arena final got greased enough to let the credit card companies write the BK laws. Isn't it obvious that the government has finanly reached a critical piont, a mile stone if you will, where it is slowly striping away all the laws and rights that we have that protect us from the government and big business. it is only an eyes blink away before we have debtors prison and communism to wake up to in th near future. Where are the representatives for the american people???? Thats just my opinon but watch what happens when the patroit act is perminent and the BK courts don't exist. What then???
Paula - Chapter 7
2005-07-18 20:30:58
I think that it is unfair to dis-allow this for the people who have gone into debt for a loved one's or their own medical treatment. I was fortunate enough to have insurance coverage for a living donor liver transplant, but it cost 200,000 and if I had not had that I would be in chapter 7 or dead. For those who are excessive with material things and live well above their means I have no sympathy for, I feel that a lot of people abuse the system and for that the real people in need suffer. No wonder we haven't heard from the politicians on this, they have money and insurance. Where is the compassion for our fellow human beings?
Paul - Bankruptcy Laws
2005-07-21 08:37:26
Years ago a good freind of mine owned a business that failed. The result of which was a debt that even under the changed laws would have qualified him for bancruptcy. He held his head high, worked out plans with his deptors, drove a car that most would not be seen in (one of our other social markets that tells people the deserve more) and did what he had to do. It took him seven long years to be able to say that he was really on track again but he was determined to do what was right and NOT be a burden on our social system.

I understand that there are people who have situations in their lives that force them into bankruptcy, and that is ok. I do empathise with these people and know that there is a place for dept forgiveness. But the missing part to our society is accountability.

We have a medical system that is running wild. But part of that is the constant bombardment of advertising that is telling us that if we feel uncomfortable in any way, there is a cure. Go to you doctor and ask about.....

We have an auto industry that kills us with incentives to buy the latest and greatest vehicles. And incentives that make it almost imposible to say no. (Whether we can afford it or not.)

Every child needs the latest and greatest video gaming system, the coolest bike, ipods, etc. And as parents, we actually feel badly if we cant give them these things.

Society in total is the issue and individual responsibility is being lost. I suggest you read your own article titled 'Mass media aliens are sucking out your kids' brains'. Four of the six values you list are major contributors that would contribute in the long term to bankruptcy. That is the basis to the problems we have today, not the credit card companies and NOT a government that is trying to instill a little accountability.

You were quick to stir emotion about the bankruptcy changes. You jumped right at the people who would be in a position to still be able to file bankruptcy. Those people with medical issues and the like. Where is your reporting on the facts of what changes were are going on? Where are the facts concerning what type of bankruptcy the administration is targeting with these changes? Where are numbers showing the remaining incomes of people filing bankruptcy?

The moral issue is NOT the lack of dept forgiveness in this society but the lack of accountability. A person in your position should feel a responsibility to back up these emotional topics with facts but I find none. I didn't learn anything about what changes are being proposed and why. Where is your accountability?
mammaloveson - Morality vs. Money
2005-07-21 11:36:50
What happened to the days of usery laws. When a bank (or Loan Shark) was breaking the law by charging ridiculous interest. Usery--illegality--has been effectively exterminated, but the definition still exists. Except NOW instead of 22% being "too much" we have Credit companies charging 35, 40% and more. Even worse, we have same day check companies charging, effectively, 700%+ for "loans." Coupled with the new bankruptcy law, its no wonder so many people are caught between a rock and a hard place. What a great message our "Christian" government is sending to our citisens....BUY BUY BUY to keep up with the Jones'... but if you get sick, we'll take your house!
Nicole Smith - Cell phones and intellectual h
2005-07-27 09:40:21
I know two young men, brothers, both intellectually handicapped. They have both run up huge bills over the past few years which they then have much difficulty paying (and their parents had to assume for a time) through using cell phones.

This is only one example of how people with intellectual handicap or limited ability to understand business strategies, for whatever reasons, suffer in our capitalist-shark society.

Cell phones could easily set up plans with limits for those who for whatever reason have trouble controlling their usage. They would time out when the person reaches the monthly limit, and then he or she would have to wait a week or three until the new month begins, and the phone can be used again.

However, companies seem to prefer to prey on them instead.

It's so very sad.
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