Archive for Tuesday, February 28, 2006

Debtors not likely deadbeats

Report: 97 percent of bankruptcy cases are unavoidable

February 28, 2006


In what will undoubtedly be the first of many "I told you so" reports, the National Association of Consumer Bankruptcy Attorneys has found that, overwhelmingly, people who file for bankruptcy protection aren't deadbeats who went on shopping sprees with the intention of shirking their debts.

That's quite contrary to what was being claimed by supporters of a new federal bankruptcy law that went into effect last October.

For years, those proponents argued that billions of dollars were being lost because people were simply being allowed to walk away from their debts.

The new law now requires people to get credit counseling before they can file for bankruptcy protection. The premise behind this provision is that by forcing people to get counseling, it will show that many bankruptcy filers in fact have enough money left over after taking care of their essential expenses to repay creditors.

I spent several years reporting on bankruptcy and I saw no evidence to support claims that scores of people were gaming the system.

Now, in the first analysis of the tens of thousands of people who have undergone credit counseling since the law passed, the bankruptcy attorneys association found that nearly all (97 percent) of the debtors truly couldn't pay their debts.

The association examined data provided by six large and small credit counseling firms from a cross section of the country. All of the firms have been authorized by the U.S. Justice Department's Executive Office for U.S. Trustees to provide the required prebankruptcy counseling. In total, the firms that were surveyed had counseled 61,355 consumers.

Four out of five filers felt forced to seek bankruptcy protection because of a job loss, catastrophic medical expenses or the death of a spouse, according to the report, "Bankruptcy Reform's Impact: Where Are All the Deadbeats?"

Fewer than one out of 20 consumers were candidates for paying off what they owe under a debt management plan (DMP), the report indicated. With a DMP, a debtor makes one monthly payment to a credit-counseling agency. The agency then distributes the funds according to a payment schedule they've worked out with the person's creditors.

Creditors may agree to lower interest rates or waive certain fees if you are repaying through a DMP.

The highest estimate of consumers being able to make repayments under a credit counseling DMP was 5 percent, with the low being in the 1 percent to 2 percent range, according to the report.

"The masses of expected deadbeats who were supposed to be identified under the new law and forced into debt management plans have not materialized," the association's report concludes.

- Michelle Singletary is a columnist for The Washington Post.


just_another_bozo_on_this_bus 12 years, 1 month ago

Another example of legislation being passed on the basis of wild myths and stereotypes hyped up by special interests whose lobbyists spend lavishly on Congress.

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