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Bankruptcy Reform (12/7/00)
FULL STORY:
Whether or not the U.S. personal bankruptcy laws get changed is very dependent
on who ends up in the White House. The bankruptcy reform legislation, H.R.
2415, has quietly passed both the House and Senate. The bill is backed
primarily by Republicans and some Democrats. President Clinton has said he will
veto the bill, but it is unclear from the election results what will happen
under a new administration. But it appears that Gore would most likely veto the
bill while Bush will toe the party line. The reform legislation is still
attracting debate. This week the nation's divorce lawyers banded together to
lobby Congress not to give final approval to a bankruptcy reform provision that
gives credit card debts the same status as child support payments. Under the
new bill, the deferral or relief from credit card payments, technically known
as their dischargeability, would be limited, so that children and credit card
payments would have the same priority and payments would be split between
them. The American Academy of Matrimonial Lawyers says another problem
presented by the bill is that past due child support payments and alimony are
not dischargeable, so the person who has to make credit card payments in
addition to alimony and child support will keep falling farther and farther
behind in his or her total payments, eventually resulting in a Chapter 7
bankruptcy filing, or total insolvency. Meanwhile, after nine months of steady
decline, it appears that personal bankruptcies are about to take off again. The
change is due in part to higher interest rates but may be linked to a softening
economy. According to data gathered by VISA USA, personal bankruptcies have
increased 10% since January, using a 12-week moving average of filings. VISA
says the moving average for the week ending Nov. 4 was 24,288 compared to
22,291 for the week ending Jan. 1. According to the Administrative Office of
the U.S. Courts, total filings for the 12-month period ended Sept. 30, were
down 6.8% from the 1.3 million bankruptcy filings in calendar year 1999.
Although bankruptcy filings are still above one million, they are on the
decline when compared against the 1998 record-breaking 1.4 million filings. The
drop in bankruptcy filings in 2000 is due mainly to a 6.8% decline in personal
filings. Specifically, Chapter 7 filings fell to 9.2%, followed by a marginal
1.1% drop in Chapter 13 filings.
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