Are Personal Bankruptcy Rules Too Tough on Debtors?

Many Chicago-area residents remember the bankruptcy reform that took effect about a decade ago. While reforms have lowered the number of consumer bankruptcy filings, new evidence suggests that the rules surrounding personal bankruptcy simply are too tough on debtors, according to a recent article in The Economist. To be sure, “the reform may have done more harm than good.”
Aims of Consumer Bankruptcy Law
In general, “the aim of bankruptcy law is to give people relief from unpayable debts.” Indeed, many Americans face a financial crisis when they learn they’ve lost their jobs or have unexpected medical expenses. If bankruptcy law works the way it should, it offers consumers in these situations the opportunity to have a fresh start, particularly in the case of Chapter 7 filings. However, the ease with which Chapter 7 allows debtors to “wash away debts” caused credit card companies to lobby for bankruptcy law reform.
About 10 years ago, credit card companies argued that Chapter 7 bankruptcy permitted “spendthrifts [to] abuse the system.” In response, bankruptcy laws got tougher. “The idea,” according to The Economist, “was to shift people to a Chapter 13 bankruptcy, where they would have to repay some of the debt.” And in the early years of the reform, statistics showed that “Chapter 13 filings rose relative to Chapter 7 ones.” Indeed, according to a report from researchers based at the New York Federal Reserve and Columbia University, the reform “led to a permanent drop in the bankruptcy rate.”
But have reforms begun preventing bankruptcy law from fulfilling its aims? According to Will Dobbie, a researcher based at Princeton University, and Jae Song, a researcher from the Social Security Administration, a permanent drop in bankruptcy filings doesn’t always mean good things for the economy.
Debtor-Friendly Bankruptcy Laws Can Have Positive Outcome for Consumers
Dobbie and Song emphasize in their research that “easier bankruptcy laws have good microeconomic effects.” How so? Their investigation into consumer bankruptcy proceedings has led them to some interesting conclusions. For example, once creditors cannot claim part of a debtor’s salary (one of the outcomes of filing for consumer bankruptcy), debtors tend to have more incentive to work. According to Dobbie and Song, “on average, those granted bankruptcy earned over $6,000 more in the subsequent year than similarly placed plaintiffs who were rejected.”
Some consumer advocates argue, however, that making bankruptcy laws friendlier toward debtors could lead credit card companies to increase interest rates, since they’d be “exposed to bigger losses.” At the same time, most researchers believe that creditors likely won’t jump to increase interest rates, “lest they attract the dodgiest customers—those not put off by high rates because they know that, with luck, they won’t have to pay their debts back.”
Consumer debt continues to rise, and it’s more difficult than it used to be to be approved for a bankruptcy. Knowing your rights and responsibilities when it comes to consumer bankruptcy can be difficult. It’s always a good idea to discuss your situation with an experienced Oak Park bankruptcy lawyer who can help you to better understand your options. Contact the Emerson Law Firm today to learn more about how we can assist you.
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