April 15, 2005

silhouette3.JPG From the desk of Jane Galt:

Reading comprehension test

Can you find the error this selection from the New York Times' article on the bankruptcy reform bill that passed last night?

"It feels like we've been waiting as long to pass bankruptcy reform as Washington spent trying to get baseball back in town," said Steve Pfister, the senior vice president for government relations at the retail federation. "The House hit one out of the park today. Now we're just waiting for President Bush to cross home plate by signing this bill into law."

Mr. Pfister said the legislation would lower costs for all consumers because they wind up making up the difference on the unpaid debts of those who abuse the system.

But others disagreed.

Opponents of the legislation said that the move by Congress was a harsh attack on the poorest and most needy and came just one day after the House adopted a measure of huge potential benefit to the wealthiest when it voted to eliminate the estate tax.

"The G.O.P. is practicing Robin Hood in reverse," said Representative John Conyers Jr. of Michigan, the ranking Democrat on the House Judiciary Committee. "Last night they repealed the estate tax, a gift to the wealthiest individuals in our society. Today they pushed through the special-interest bankruptcy bill, punishing the very poorest members of society. This shows all the world that all of that talk about values in the last election was just that - talk."

In fact, 73 Democrats joined the 229 Republicans in voting to approve the measure. It was opposed by 125 Democrats and Bernard Sanders of Vermont, the lone Independent in the House.

The legislation had been opposed by many bankruptcy law professors and judges who testified in recent months that it was unnecessary and would create more problems than it would solve. They said that it would impose new obstacles on many middle-income families seeking desperately needed protection from creditors, and that it would take far longer for those families to start over after suffering serious illnesses, unemployment and other calamities.

In a letter to Congress two months ago, 104 bankruptcy law professors predicted that "the deepest hardship" would "be felt in the heartland," where the filing rates are highest -Utah, Tennessee, Georgia, Nevada, Indiana, Alabama, Arkansas, Ohio, Mississippi and Idaho. A study conducted by legal and medical specialists at Harvard University of 1,771 personal bankruptcy filers in five federal courts found that about half were forced into bankruptcy because of heavy medical costs.


(Find the answer by clicking below)

Yes, students, that's right . . . none of the people quoted in the second half of the selection actually disagree with Mr Pfister. Mr Pfister has said that this will lower costs for all consumers by reducing bankruptcy. The people the second half quotes say that the burden will "punish the very poorest members of society", " impose new obstacles on many middle-income families seeking desperately needed protection from creditors", and "be felt in the heartland", none of which have anything to do with costs to consumers. If one says that deregulating trucking "lowers costs for all consumers", this is not contradicted by the fact that some truckers will be worse off after the change.

Now, conceivably, one could have found someone to argue (as many bankruptcy attorneys are), that some group of consumers will actually be paying higher costs because several provisions in the bill will cause attorney fees to rise. But while the people quoted in the second section undoubtedly disagree with Mr Pfister's unstated implication that the new bankruptcy law is a great thing for America, nothing they've said actually disagrees with anything he stated.

Posted by Jane Galt at April 15, 2005 05:32 AM | TrackBack | Technorati inbound links
Comments

Sorry, I don't know the answer. But I am struck by the ideas expressed by Representative Conyers:

that repealing the estate tax and, thereby, allowing estate owners to keep their property is a "gift" to the wealthy,

and

passing a law that attempts to increase the repayment rate of those that have accumulated debt is somehow a "punishment" on the poor.

Posted by: too many steves on April 15, 2005 06:02 AM

"Mr. Pfister said the legislation would lower costs for all consumers because they wind up making up the difference on the unpaid debts of those who abuse the system."

I would rather focus on an accurate statement. The above sentence is completely true. This bill will bring costs down to consumers---and even help people to rebuild their credit rating. Less risk=more loans. It's as simple as that.

Posted by: David Thomson on April 15, 2005 06:08 AM

Way back in grad school, we read a paper by Stiglitz and Weiss that talked about limited liability of borrowers. The end result is that the lenders' market breaks down. One solution was to allow lenders to recoup more from lenders in the default states of the world.

The key insight I got from this paper was that the limited liability providerd by bankruptcy forces the lenders to take more out of the people who don't default. So, the good folks end up paying for the turkeys, and if there are too many turkeys, the market dries up.

The legislation (as I understand it) provides a means test - if you can demonstrate an inability to repay, you don't get hurt. If you have sufficient assets or income, you're still on the hook. I don't see a problem there.

Posted by: The Unknown professor on April 15, 2005 09:39 AM

Is it really so that "the very poorest members of society" file for bankruptcy frequently?

Posted by: Unknown on April 15, 2005 09:58 AM

Mr. Conyer's state, Michigan, must truly be one of the economic miracles of the world. After all, there even "the very poorest members of society" are covered by a bill that only affects consumers who earn above the median income. Lake Wobegon has nothing on that state!

Posted by: Sub Specie AEternitatis on April 15, 2005 10:17 AM
Is it really so that "the very poorest members of society" file for bankruptcy frequently?
The number I’ve seen bandied about is that about 80 percent of those who file Chapter 7 are below their State’s median income level. The means test it should be pointed out, is directed at the less than 20 percent of Chapter 7 filers who are above their State’s median income level.


Posted by: Thorley Winston on April 15, 2005 01:05 PM

Ah, but "the very poorest" are not those below the median income. That's half the population, by definition. The word "very" is a weasel-word, which we expect politicians to use.

Posted by: Unknown on April 15, 2005 01:28 PM

The very poorest aren't affected because they can't afford the lawyer's fees for a bankruptcy. And what are the credit companies going to do anyhow, repossess the cardboard box they're living in?

Posted by: markm on April 15, 2005 04:07 PM

Let's just say I won't be holding my breath for that notice of lower rates to arrive in my mailbox. I'll believe that when I see it. These companies are some of the greediest shylocks to ever walk the face of the Earth. The nerve of those politicians and and industry stuffed-suits to even suggest that is mind-boggling.

Posted by: adolph fischer on April 16, 2005 01:07 AM

Bankruptcy exists for people who have assets. If you're destitute, there's nothing more that your creditors can do to you.

Including even a single person who's above the median income for their state (and hence subject to means testing) in "the very poorest" is so fundamentally dishonest that I wish I'd cast a ballot against Conyers in the last election. (It would be fraud, since I haven't lived in his district for years...but I'm pretty sure they never bothered to take me off the rolls.)

Posted by: Matt on April 16, 2005 01:19 AM

Adolph:

If you think credit card pushers are "some of the greediest shylocks to ever walk the face of the Earth", then you must never have dealt with student loan officials.

Posted by: Matt on April 16, 2005 01:22 AM

No argument here. Student loan officials are just as bad. They're all money-lenders. They're parasites like stock brokers, making a living of the hard work and misery of others... They make money; they don't earn it.

Posted by: Adolph Fischer on April 16, 2005 02:06 PM

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