2
   

Bankruptcy laws amended. And the big winner is????

 
 
McGentrix
 
  1  
Reply Wed 9 Mar, 2005 02:05 pm
Ticomaya wrote:
IMO ... no. But I don't bemoan any attempt to make it more difficult to achieve personal bankruptcy, or to require greater levels of personal responsibility. It's too damn easy to file bankruptcy and divorce in this country.


Agreed.
0 Replies
 
kickycan
 
  1  
Reply Wed 9 Mar, 2005 02:08 pm
"A vast majority of personal bankruptcies in the United States are the result of severe misfortune. One recent study found that more than half of bankruptcies are the result of medical emergencies. The rest are overwhelmingly the result either of job loss or of divorce.

One increasingly popular loophole is the creation of an "asset protection trust," which is worth doing only for the wealthy. Senator Charles Schumer introduced an amendment that would have limited the exemption on such trusts, but apparently it's O.K. to game the system if you're rich: 54 Republicans and 2 Democrats voted against the Schumer amendment.

Other amendments were aimed at protecting families and individuals who have clearly been forced into bankruptcy by events, or who would face extreme hardship in repaying debts. Ted Kennedy introduced an exemption for cases of medical bankruptcy. Russ Feingold introduced an amendment protecting the homes of the elderly. Dick Durbin asked for protection for armed services members and veterans. All were rejected."



Now, who can tell me How Tico's phony story about his alleged bout with bankruptcy has anything to do with the issues this article has raised?

Answer: Nobody. It doesn't.
0 Replies
 
roger
 
  1  
Reply Wed 9 Mar, 2005 02:18 pm
FreeDuck wrote:
I think he's talking about international debt forgiveness of Iraq's national debt.

If this is the same law they've been pushing for years, I believe it also gives credit card collectors priority over child support payments. Meaning the banks get the money before the kids do.


I would be very surprised to find this to be true. Child support and taxes will probably continue to be exempt from protection.
0 Replies
 
Cycloptichorn
 
  1  
Reply Wed 9 Mar, 2005 02:19 pm
Why would they reject protections for armed services members?

IIRC, the amendment specifically was put in place to protect the families of those who are called into duty from the reserves, and suddenly have half the income they had a few months ago. How is this fair?

Cycloptichorn
0 Replies
 
FreeDuck
 
  1  
Reply Wed 9 Mar, 2005 02:30 pm
roger wrote:
FreeDuck wrote:
I think he's talking about international debt forgiveness of Iraq's national debt.

If this is the same law they've been pushing for years, I believe it also gives credit card collectors priority over child support payments. Meaning the banks get the money before the kids do.


I would be very surprised to find this to be true. Child support and taxes will probably continue to be exempt from protection.


That's what I'm talking about. I'll have to look it up by I recall that when they last pushed a bill like this they wanted credit card payments to have a higher priority than child support payments when forcing debtors to pay.
0 Replies
 
Ticomaya
 
  1  
Reply Wed 9 Mar, 2005 02:37 pm
kickycan wrote:
"A vast majority of personal bankruptcies in the United States are the result of severe misfortune. One recent study found that more than half of bankruptcies are the result of medical emergencies. The rest are overwhelmingly the result either of job loss or of divorce.

One increasingly popular loophole is the creation of an "asset protection trust," which is worth doing only for the wealthy. Senator Charles Schumer introduced an amendment that would have limited the exemption on such trusts, but apparently it's O.K. to game the system if you're rich: 54 Republicans and 2 Democrats voted against the Schumer amendment.

Other amendments were aimed at protecting families and individuals who have clearly been forced into bankruptcy by events, or who would face extreme hardship in repaying debts. Ted Kennedy introduced an exemption for cases of medical bankruptcy. Russ Feingold introduced an amendment protecting the homes of the elderly. Dick Durbin asked for protection for armed services members and veterans. All were rejected."



Now, who can tell me How Tico's phony story about his alleged bout with bankruptcy has anything to do with the issues this article has raised?

Answer: Nobody. It doesn't.


Kicky: I can tell you are upset that I incorrectly stated yesterday that it had been over a year since you'd been laid (and you pointed out that it's only been 6 months), but that's no reason to accuse me of falsehood.

Other than that, I suppose your question doesn't make any sense, and you'd know that if you've been actually following along with what I've been typing. My situation has everything to do with the new law. As I stated earlier, it is too easy to liquidate one's debts through Chapter 7, and the new law will hopefully make that more difficult.
0 Replies
 
kickycan
 
  1  
Reply Wed 9 Mar, 2005 02:44 pm
Tico, seriously, what about the stuff in the three paragraphs that I quoted? That is what the article is really about, and I notice that you still haven't said anything remotely related to any of it.

It would be kind of like if a bill came along called the "Stop unwanted pregnancy bill", and you came along and said, "unwanted pregnancies are bad. Yeah, I'm all for this bill", ignoring the fact that in the bill they advocate sterilizing everyone under 21 years of age.
0 Replies
 
Cycloptichorn
 
  1  
Reply Wed 9 Mar, 2005 02:49 pm
Kicky,

Tico doesn't want to address the issue of the fact that so many bankruptcies are caused by medical bills; because that would ruin his 'personal responsibility' argument right away.

Cycloptichorn
0 Replies
 
McGentrix
 
  1  
Reply Wed 9 Mar, 2005 02:53 pm
Cycloptichorn wrote:
Kicky,

Tico doesn't want to address the issue of the fact that so many bankruptcies are caused by medical bills; because that would ruin his 'personal responsibility' argument right away.

Cycloptichorn


You sure do know a lot about other peoples motivations. Is that like an ESP power?
0 Replies
 
Cycloptichorn
 
  1  
Reply Wed 9 Mar, 2005 02:54 pm
Yeah, it's like having 5 & 1/2 senses. It's my compensation for being blind in one eye.

I can feel the holes in a conservative argument from 45 feet.

Cycloptichorn
0 Replies
 
Ticomaya
 
  1  
Reply Wed 9 Mar, 2005 03:03 pm
kickycan wrote:
Tico, seriously, what about the stuff in the three paragraphs that I quoted? That is what the article is really about, and I notice that you still haven't said anything remotely related to any of it.

It would be kind of like if a bill came along called the "Stop unwanted pregnancy bill", and you came along and said, "unwanted pregnancies are bad. Yeah, I'm all for this bill", ignoring the fact that in the bill they advocate sterilizing everyone under 21 years of age.


I appreciate you think the 3 paragraphs you quoted is what Krugman's editorial is "really about," but what it's really about is the bankruptcy law that's been advanced by the Senate. This is a law that curtails individuals from liquidating their debts completely through Chapter 7 filings. My concern about how easy it is for debtors to "wipe the slate clean" and the impact that has on the "creditors" is germane. Bankruptcy will still be available to folks ... it just won't be as easy.

Why don't you answer my question about the fairness of these folks waltzing into bankruptcy court and declaring the debt they owed me to be liquidated? Is that fair? Somebody make the case for me that it is fair for these folks to unilaterally discharge the debts they owed me? Cyclops or Kicky, you two are championing these shirkers.... please explain to me why it is the right thing to do to allow them to take food from my children's mouths?
0 Replies
 
FreeDuck
 
  1  
Reply Wed 9 Mar, 2005 03:10 pm
Ticomaya wrote:

Why don't you answer my question about the fairness of these folks waltzing into bankruptcy court and declaring the debt they owed me to be liquidated? Is that fair? Somebody make the case for me that it is fair for these folks to unilaterally discharge the debts they owed me? Cyclops or Kicky, you two are championing these shirkers.... please explain to me why it is the right thing to do to allow them to take money from my children's mouths?


First, it's not unilateral, it's done through the courts. Second, bankruptcy is not easy. Try living for 7 years with no credit and you'll see what I mean. Third, it may not seem fair to you, but what is the alternative? Is it fair to charge those with less credit history a higher interest rate? I'm sure the credit card companies think it is, but I assure you their customers don't. Is it fair that the legal system is so complex and convoluted that people need a lawyer just to wipe their ass with legal sized copy paper? No, it isn't. But that's life.
0 Replies
 
Cycloptichorn
 
  1  
Reply Wed 9 Mar, 2005 03:27 pm
Quote:
Is that fair? Somebody make the case for me that it is fair for these folks to unilaterally discharge the debts they owed me? Cyclops or Kicky, you two are championing these shirkers.... please explain to me why it is the right thing to do to allow them to take food from my children's mouths?


What do you mean, is it the right thing to do? When folks can't pay their bills due to emergencies/medical expenses, then they shouldn't be unable to declare bankruptcy. I don't know if the folks who couldn't pay you were in a tough situation of if they just didn't want to pay. How can you ask me if it's fair or not?

If you mean 'is it fair for bankruptcy to exist,' then yes, it is fair. Bankruptcy is no joke. It's not as if you aren't affected by filing for it.

And to say 'taking food out of my kids mouths' is somewhat disingenuous, as I highly doubt your kids went hungry for a minute; just as the credit card agencies certainly weren't hurting from bankruptcy either.

Whereas the people who owed you could have lost their house, their car, their business, a family member, any sort of problems. Yes, there need to be laws in order to give people debt relief. Do you disagree with this? Given that so much debt is caused by medical reasons (which CANNOT be planned for, in many cases)

It's the same boondoggle being pulled by those who claim that tort cases cause medical insurance to go up... it simply isn't true...

Cycloptichorn
0 Replies
 
Ticomaya
 
  1  
Reply Wed 9 Mar, 2005 03:33 pm
FreeDuck wrote:
Ticomaya wrote:

Why don't you answer my question about the fairness of these folks waltzing into bankruptcy court and declaring the debt they owed me to be liquidated? Is that fair? Somebody make the case for me that it is fair for these folks to unilaterally discharge the debts they owed me? Cyclops or Kicky, you two are championing these shirkers.... please explain to me why it is the right thing to do to allow them to take money from my children's mouths?


First, it's not unilateral, it's done through the courts. Second, bankruptcy is not easy. Try living for 7 years with no credit and you'll see what I mean. Third, it may not seem fair to you, but what is the alternative? Is it fair to charge those with less credit history a higher interest rate? I'm sure the credit card companies think it is, but I assure you their customers don't. Is it fair that the legal system is so complex and convoluted that people need a lawyer just to wipe their ass with legal sized copy paper? No, it isn't. But that's life.


Yes it is unilateral. They claim bankruptcy ... that's all they need to do. I have very little recourse ... so I would assert it is very unilateral.

Dealing with the effects of bankruptcy may or may not be easy ... I'm not speaking about that. I'm talking about the actual obtaining of a personal bankruptcy discharge. Fill out a few forms, attend a few hearings ... voila.

I'm not arguing the credit card companies case. I'm arguing mine. You say "it may not seem fair to you, but what is the alternative"? I note that you are not saying it is fair. The alternative, as I see it, is they pay me the debt they owe me. I didn't force them to have a debt with me. That was their choice. The only thing that could possibly be my "fault" is not requiring cash up front (which I assure you I started doing after getting burned a few times).
0 Replies
 
Cycloptichorn
 
  1  
Reply Wed 9 Mar, 2005 03:37 pm
Quote:
I'm not arguing the credit card companies case. I'm arguing mine. You say "it may not seem fair to you, but what is the alternative"? I note that you are not saying it is fair. The alternative, as I see it, is they pay me the debt they owe me. I didn't force them to have a debt with me. That was their choice. The only thing that could possibly be my "fault" is not requiring cash up front (which I assure you I started doing after getting burned a few times).


Now you've hit the nail upon the head. Cash up front is the way to go if you don't want people owing you money that they sometimes won't be able to pay.

It sucks that the people didn't pay you; but this bill wasn't written to protect YOU, it was for the Credit Card companies, who know exactly what risks they take when they offer lines of credit to people; and they profit off of those risks.

Shouldn't we have more responsible credit agencies as well as more responsible people? Doesn't most of the blame lie in those who extend lines of credit when they shouldn't, KNOWING that they are going to collect tons of money in intrest when the borrower can't pay it back?

Cycloptichorn
0 Replies
 
FreeDuck
 
  1  
Reply Wed 9 Mar, 2005 03:37 pm
Ticomaya wrote:
You say "it may not seem fair to you, but what is the alternative"? I note that you are not saying it is fair. The alternative, as I see it, is they pay me the debt they owe me. I didn't force them to have a debt with me. That was their choice. The only thing that could possibly be my "fault" is not requiring cash up front (which I assure you I started doing after getting burned a few times).


You're right, I'm not saying it's fair. But that's a whole other issue. It's not fair to you that they didn't pay you, and that won't change whether it's harder or easier for them to file bankruptcy.

If all they need to do is claim bankruptcy and that's it, then what are the hearings for?
0 Replies
 
Ticomaya
 
  1  
Reply Wed 9 Mar, 2005 03:40 pm
Cycloptichorn wrote:
Quote:
Is that fair? Somebody make the case for me that it is fair for these folks to unilaterally discharge the debts they owed me? Cyclops or Kicky, you two are championing these shirkers.... please explain to me why it is the right thing to do to allow them to take food from my children's mouths?


What do you mean, is it the right thing to do? When folks can't pay their bills due to emergencies/medical expenses, then they shouldn't be unable to declare bankruptcy. I don't know if the folks who couldn't pay you were in a tough situation of if they just didn't want to pay. How can you ask me if it's fair or not?

If you mean 'is it fair for bankruptcy to exist,' then yes, it is fair. Bankruptcy is no joke. It's not as if you aren't affected by filing for it.

And to say 'taking food out of my kids mouths' is somewhat disingenuous, as I highly doubt your kids went hungry for a minute; just as the credit card agencies certainly weren't hurting from bankruptcy either.

Whereas the people who owed you could have lost their house, their car, their business, a family member, any sort of problems. Yes, there need to be laws in order to give people debt relief. Do you disagree with this? Given that so much debt is caused by medical reasons (which CANNOT be planned for, in many cases)

It's the same boondoggle being pulled by those who claim that tort cases cause medical insurance to go up... it simply isn't true...

Cycloptichorn


You've no idea whether these folks had a medical emergency, your just a lack of self control in the personal spending department. Your approach to the question of whether my scenario is "fair" or not is clearly hinged upon the social justice you think is being rendered. You very clearly think that if I have more money than these folks, it is okay for them to not pay me. Thus, if they were in a "tough situation," then it would be fair for them to shaft me.

If they were to walk up to me on the street and take $500 from me, it would be a crime. That they can do the very same thing in bankruptcy court is nothing to encourage.

Bankruptcy laws should exist to require these folks to repay their debts, discharge a percentage, protect exempt assets, etc. But not make it easy to just discharge all debts completely.
0 Replies
 
kickycan
 
  1  
Reply Wed 9 Mar, 2005 03:42 pm
Ticomaya wrote:
kickycan wrote:
Tico, seriously, what about the stuff in the three paragraphs that I quoted? That is what the article is really about, and I notice that you still haven't said anything remotely related to any of it.

It would be kind of like if a bill came along called the "Stop unwanted pregnancy bill", and you came along and said, "unwanted pregnancies are bad. Yeah, I'm all for this bill", ignoring the fact that in the bill they advocate sterilizing everyone under 21 years of age.


I appreciate you think the 3 paragraphs you quoted is what Krugman's editorial is "really about," but what it's really about is the bankruptcy law that's been advanced by the Senate. This is a law that curtails individuals from liquidating their debts completely through Chapter 7 filings. My concern about how easy it is for debtors to "wipe the slate clean" and the impact that has on the "creditors" is germane. Bankruptcy will still be available to folks ... it just won't be as easy.

Why don't you answer my question about the fairness of these folks waltzing into bankruptcy court and declaring the debt they owed me to be liquidated? Is that fair? Somebody make the case for me that it is fair for these folks to unilaterally discharge the debts they owed me? Cyclops or Kicky, you two are championing these shirkers.... please explain to me why it is the right thing to do to allow them to take food from my children's mouths?


Ridiculous diversionary tactics. Enjoy your "debate".
0 Replies
 
Ticomaya
 
  1  
Reply Wed 9 Mar, 2005 03:43 pm
FreeDuck wrote:
If all they need to do is claim bankruptcy and that's it, then what are the hearings for?


So creditors can appear and claim fraud on the part of the debtor, or that the debt owed to them is non-dischargeable if it falls within a very limited class of debts. None of which applied in my scenarios.
0 Replies
 
Ticomaya
 
  1  
Reply Wed 9 Mar, 2005 03:46 pm
kickycan wrote:
Ticomaya wrote:
kickycan wrote:
Tico, seriously, what about the stuff in the three paragraphs that I quoted? That is what the article is really about, and I notice that you still haven't said anything remotely related to any of it.

It would be kind of like if a bill came along called the "Stop unwanted pregnancy bill", and you came along and said, "unwanted pregnancies are bad. Yeah, I'm all for this bill", ignoring the fact that in the bill they advocate sterilizing everyone under 21 years of age.


I appreciate you think the 3 paragraphs you quoted is what Krugman's editorial is "really about," but what it's really about is the bankruptcy law that's been advanced by the Senate. This is a law that curtails individuals from liquidating their debts completely through Chapter 7 filings. My concern about how easy it is for debtors to "wipe the slate clean" and the impact that has on the "creditors" is germane. Bankruptcy will still be available to folks ... it just won't be as easy.

Why don't you answer my question about the fairness of these folks waltzing into bankruptcy court and declaring the debt they owed me to be liquidated? Is that fair? Somebody make the case for me that it is fair for these folks to unilaterally discharge the debts they owed me? Cyclops or Kicky, you two are championing these shirkers.... please explain to me why it is the right thing to do to allow them to take food from my children's mouths?


Ridiculous diversionary tactics. Enjoy your "debate".


You must not have understood point that I thought I had made quite clear in my first post in this thread. My point has to do with the extreme ease with which someone can declare Chapter 7 bankruptcy. If this new law makes it more difficult for someone to do that, and forces them to repay debts the lawfully owe, it is overdue.
0 Replies
 
 

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