BEING STREET SMART
by Sy Harding
LENDERS HAVE TO LOVE THE NEW BANKRUPTCY LAW! April 13, 2007.
I began last week’s column with the statement that “Home foreclosures nationally hit their highest level ever in the last quarter of 2006, and rose still more in the quarter just ended.”
The column pointed out that many foreclosures could probably be avoided, or at least postponed, if troubled borrowers would contact their lenders for help before it’s too late.
Bankruptcies are also surging, the number of filings in the first three months of this year 70% higher than in the first quarter of last year. But that is a very misleading statistic. Bankruptcy filings hit an all-time low in 2006, so they are only 70% higher than in the lowest year ever, which is nowhere near as many as in normal years prior to last year.
That is because of the tough new bankruptcy law Congress passed in 2005, which made filing for bankruptcy protection much more difficult for those in financial trouble.
In this column I said at the time that it was sold to the public as a good idea, based on closing the door on the O.J. Simpsons and corrupt corporate chieftains who declare bankruptcy to shield themselves from judgments they could otherwise be forced to pay. But there are probably more folks who become hopelessly indebted through no fault of their own, due to accidents, medical bills, and loss of jobs.
I said in the column at the time that, “It disturbs me, but doesn’t surprise me, that those pushing the bill are powerful finance and credit-card companies and their lobbyists. I’d feel better about it if there was at least a companion bill making it illegal for those companies to indiscriminately stuff mailboxes with ‘pre-approved’ loan applications and credit-cards, many of which reach those who might be desperate.”
I also said that “It bothers me even more that consumers didn’t get themselves in excessive debt entirely on their own. I remember 2001 very clearly. Two trillion dollars of investors’ savings and investments had been wiped out in the bear market, and consumers had pulled back on their spending. And then the terrorist attacks hit and it was feared that would be another serious blow to the economy. . . . Washington ’s immediate response was that the most important thing Americans could do was to get out and spend. It was the patriotic thing to do, as it would get the economy back on its feet, and show the terrorists that they could not destroy the spirit of the American people. . . . We were given tax rebates, and told not to squirrel them away but to get out and spend them to help the economy. Everyone got into the act of convincing Americans to spend, that even going in debt to do so was the patriotic thing to do. The Fed cut interest rates to 40-year lows. Banks and mortgage companies lowered their credit standards . . . Consumers were encouraged to refinance mortgages to take money out of the equity in their homes. Credit-card companies offered new cards with low introductory rates. Auto companies offered zero percent financing, and rebates that could be used as down-payments. . . . And Washington ’s plan worked. Consumers came through with flying colors. They did in fact spend the economy out of trouble. . . . And that’s what really bothers me about credit-card and finance companies pushing for, and Congress passing, severe revision of bankruptcy laws with this particular timing, after they enticed consumers into record levels of debt, with the most dangerous creative financing offers ever seen.”
Congress even had the nerve to call the new 2005 law ‘The Bankruptcy Prevention and Consumer Protection Act’. Certainly easier to sell under that name. But, the bill protected banks and credit-card companies, and promised consumers only a much more difficult time if they ever should need the protection of bankruptcy.
And sure enough, as mentioned, bankruptcies hit an all-time low the following year, 2006. So that they are running 70% higher so far this year compared to that all-time low year, is not terrible news for lenders. They remain well protected.
Consumer groups and bankruptcy attorney organizations are now trying to lobby Congress to fix the mistake. Don’t be surprised if lenders and their lobbyists lay low and don't fight back. They got what they wanted in 2005 and have it now when they no doubt anticipated they would need it. Given the current climate of complaints and investigations into their predatory lending practices in 2002 through 2006, it would not be smart of them to remind people of how hard they worked to get the bankruptcy laws changed to their advantage.
They also know consumers' groups don't have near the lobbying power the financial powerhouses had in getting the new law passed. So getting Congress to reverse the damage is not likely. And even if it were to take place, it would take years.
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