Steve Rhode is the founder of Myvesta US in the United States and the Chairman of Myvesta UK in the United Kingdom. I love to tell bankers “I told you so.” It just gives me such great satisfaction. And today I’ve got another reason to rub their face in it. It appears that the very bankruptcy reform the creditors fought so hard to shove down the throats of consumers in the early 2000 years had now come back to bite them on the butt.
I love to tell bankers “I told you so.” It just gives me such great satisfaction. And today I’ve got another reason to rub their face in it. It appears that the very bankruptcy reform the creditors fought so hard to shove down the throats of consumers in the early 2000 years had now come back to bite them on the butt.
Before bankruptcy reform, consumers could file Chapter 7 bankruptcy and discharge their unsecured debt and be able to save their homes from foreclosure. Combined with a Chapter 13 bankruptcy, this approach was known unofficially as a “Chapter 20”. Get it, 7 + 13 = 20.
But since the creditors changed the bankruptcy code after intensive lobbying and “campaign contributions” on Capital Hill, the creditors were laughing. They thought they had successfully bought themselves new legislation that would prevent the relatively small percentage of the
Instead, under the bankruptcy reform of 2005, consumers now have a harder time in seeking protection in Chapter 7 and they have fewer options for dealing with saving their homes from foreclosure and working out a satisfactory repayment plan.
The recent debacle of the sub-prime loan meltdown and mortgage interest which continues to adjust, even though the paychecks don’t, has left many consumers in a situation where instead of working out a modified repayment plan they are just walking away from the house.
So what improved for
The bankruptcy reform of 2005 did had some winners, but none of them were consumers getting treated better by creditors. Consumers aren’t asking for a handout or wanting to walk away from their debt. In fact, most people actively seek to repay what they can afford but because creditors didn’t and don’t offer fair and reasonable repayment plans, bankruptcy was often a better option.
American consumers that go bankrupt are not losers and rejects, just people that didn’t have enough money to grease the skids on Capital Hill and buy a new bankruptcy law that is now putting egg on the faces of creditors.