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New Bankruptcy Law takes effect Oct 1st.

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  • New Bankruptcy Law takes effect Oct 1st.

    The more I read about this the more I am outraged at how Republicans have royally screwed the middle class on this new bankruptcy bill. The local San Diego Weekly Reader, a free weekly perodical which survives by putting a few good articles amongst a virtual book full of ads, has a great article in this week's issue. This new law is bad, bad news.

    Previously people could easily file for chapter 7 bankruptcy which allowed them to start fresh and simply walk away from all their debts. Now it is much more difficult to qualify for chapter 7 and the majority of people will instead be forced to file chapter 13 bankruptcy which requires people to pay as much as possible. Congress also changed the rules so that mortgage lenders can write in an anti-bankruptcy clause (and nearly all will); before if you declared bankruptcy you'd almost always at least keep your house since the government didn't want people becoming homeless, however, this new mortgage clause allows banks to take ownership of houses when borrowers declare bankruptcy.

    It gets worse. The automotive lending industry got Congress to write a special rule just for them which now makes it illegal for anyone filing chapter 13 bankruptcy (which will now be virtually everyone remember) stating that car loans must always be paid in full even if the value of the car is less then the loan and even if the car gets repossessed. You are literally stuck with it no matter what.

    Next the bankruptcy law always changes the minimium payment for credit cards (why this got tied into bankruptcy law I don't know) so that instead of a 2% minimium payment there will now be a 4% minimium payment. That doesn't sound bad right? Besides it will be better for people to make larger payments right? Yes, if they can afford it, unfortunately, the average American family lives month to month and spends every cent they make. The average American owes $9000 of credit card debt and 40% of them pay the minimium monthly payment which averages $180 per month. Next month the minimium will go up to $360 per month. Most people haven't budgeted for that and don't even know these financial blow is coming next month so 40% of the American population are going to be owing $180 per month more then they thought they owed.

    That's going to push a lot of people over the financial edge and now they won't have a way to make a fresh start. This is just evil. Especially since last year was the most profitable year for banks in history so it isn't like they need all this special anti-consumer activism from the Republicans.
    Try http://wordforge.net/index.php for discussion and debate.

  • #2


    The article in the San Diego Reader.
    Try http://wordforge.net/index.php for discussion and debate.

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    • #3
      The automotive lending industry got Congress to write a special rule just for them which now makes it illegal for anyone filing chapter 13 bankruptcy (which will now be virtually everyone remember) stating that car loans must always be paid in full even if the value of the car is less then the loan and even if the car gets repossessed.
      Giving one industry field an edge over all the others because of lobbyers? Blatant corruption

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      • #4
        The US needs to learn to tighten its belt.

        A persistent 5% current account deficit is merely one of the symptoms of a nation living off credit. Anything which forces people to take their debts more seriously is a step in the right direction.
        12-17-10 Mohamed Bouazizi NEVER FORGET
        Stadtluft Macht Frei
        Killing it is the new killing it
        Ultima Ratio Regum

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        • #5
          The idea that people can go bankrupt and maintain an asset like a house is rediculous, and crazy, sounds like this is a step in the right direction.
          However changing something like the minimum credit card payment is crazy, there should not even be a minimum specified, that is unnecessary regulation, banks are big enough to set sensible rules in theircontracts which regulation like that and if banks get caught with lax rules, then banks can suffer

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          • #6
            Guess I should declare now.
            Christianity: The belief that a cosmic Jewish Zombie who was his own father can make you live forever if you symbolically eat his flesh and telepathically tell him you accept him as your master, so he can remove an evil force from your soul that is present in humanity because a rib-woman was convinced by a talking snake to eat from a magical tree...

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            • #7
              Originally posted by trev
              The idea that people can go bankrupt and maintain an asset like a house is rediculous, and crazy, sounds like this is a step in the right direction.
              However changing something like the minimum credit card payment is crazy, there should not even be a minimum specified, that is unnecessary regulation, banks are big enough to set sensible rules in theircontracts which regulation like that and if banks get caught with lax rules, then banks can suffer
              Why is it crazy to be allowed to maintain an asset like a house? Where the hell are you supposed to live?
              "In Italy for 30 years under the Borgias, they had warfare, terror, murder and bloodshed. But they produced Michelangelo, Leonardo da Vinci and the Renaissance. In Switzerland, they had brotherly love. They had 500 years of democracy and peace. And what did that produce? The cuckoo clock."
              —Orson Welles as Harry Lime

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              • #8
                I agree with KH.
                I make no bones about my moral support for [terrorist] organizations. - chegitz guevara
                For those who aspire to live in a high cost, high tax, big government place, our nation and the world offers plenty of options. Vermont, Canada and Venezuela all offer you the opportunity to live in the socialist, big government paradise you long for. –Senator Rubio

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                • #9
                  Debts should be taken seriously, but this law was a gift to the already wildly profitable credit card industry. The law should have been more specifically tailored toward abusers of the old bankruptcy law.
                  "In Italy for 30 years under the Borgias, they had warfare, terror, murder and bloodshed. But they produced Michelangelo, Leonardo da Vinci and the Renaissance. In Switzerland, they had brotherly love. They had 500 years of democracy and peace. And what did that produce? The cuckoo clock."
                  —Orson Welles as Harry Lime

                  Comment


                  • #10
                    Originally posted by MosesPresley


                    Why is it crazy to be allowed to maintain an asset like a house? Where the hell are you supposed to live?
                    In an apartment.

                    You declare bankruptcy it means that you restart with absolutely nothing. Keeping a house is bull****. You spent more than you made and now you want to keep something that creditors can't touch? **** that.
                    12-17-10 Mohamed Bouazizi NEVER FORGET
                    Stadtluft Macht Frei
                    Killing it is the new killing it
                    Ultima Ratio Regum

                    Comment


                    • #11
                      The two most common reasons for bankruptcy by far are divorce or illness. If you don't have health insurence or your marriage is on the rocks don't buy anything (especially a car) because you can't get rid of the debt if your life goes to hell.

                      This is bound to have a very negative effect on the economy in the long run. Just look at how many of America's best eutrapreurs who started some of our largest companies had to try several times before they got it right. Henry Ford's first two car companies failed and both times he had to declare bankruptcy but his third car company did pretty well. With this new law Henry Ford would have been struck out after the first try.

                      I don't think discouraging people from taking the risk to start new businesses is something we should be doing.
                      Try http://wordforge.net/index.php for discussion and debate.

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                      • #12
                        I don't agree with the idea that car loands must be paid in full

                        Once the asset is repossessed (as are all the other assets) you should be done.

                        You walk away free and clear with nothing more than the clothes on your back.
                        12-17-10 Mohamed Bouazizi NEVER FORGET
                        Stadtluft Macht Frei
                        Killing it is the new killing it
                        Ultima Ratio Regum

                        Comment


                        • #13
                          People in aAmerica are consistantly living beyond their means, and just adds to the already general level or irresponsibility in our society.

                          Good to see the government making people take responsibility for their own lives.
                          "The DPRK is still in a state of war with the U.S. It's called a black out." - Che explaining why orbital nightime pictures of NK show few lights. Seriously.

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                          • #14
                            Considering that the APR rates for credit cards are already insanely high, having to pay more per month only makes sense if the card issuers lower their rates.

                            I don't have much debt but I'm wondering if I should declare.
                            I'm consitently stupid- Japher
                            I think that opinion in the United States is decidedly different from the rest of the world because we have a free press -- by free, I mean a virgorously presented right wing point of view on the air and available to all.- Ned

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                            • #15
                              Originally posted by KrazyHorse
                              The US needs to learn to tighten its belt.

                              A persistent 5% current account deficit is merely one of the symptoms of a nation living off credit. Anything which forces people to take their debts more seriously is a step in the right direction.
                              Ditto.

                              Most Americans act like its no big deal to declare bankrupcy and then go to work accumulating debt again. We've been way too easy in this aspect and needed to do something about it.
                              “I give you a new commandment, that you love one another. Just as I have loved you, you also should love one another. By this everyone will know that you are my disciples, if you have love for one another.”
                              - John 13:34-35 (NRSV)

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