Bankruptcy reforms called a failure

Attorneys say changes hurting those in need

By Dave Anderton
Deseret Morning News
Published: Thursday, Oct. 5, 2006 11:00 p.m. MDT
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Nearly a year after Congress enacted sweeping changes to federal bankruptcy laws, bankruptcy attorneys are calling the reforms a "bust," according to a new survey.

Henry Sommer, president of the National Association of Consumer Bankruptcy Attorneys, said the reforms have done little to force more bankruptcy filers into Chapter 13 repayment plans.

"The only thing Congress succeeded in doing when it adopted the 2005 bankruptcy amendments was to erect new hurdles in the path of people who legitimately and often desperately need the bankruptcy system, especially those with lower incomes," Sommer said. "They have made it more cumbersome, more time consuming and more expensive for people who already are flat on their backs financially."

The survey results are from the responses of 714 U.S. bankruptcy attorneys.

The legislation, pushed by banks and credit card companies and co-sponsored by Sen. Orrin Hatch, R-Utah, went into effect Oct. 17, 2005.

Proponents of the reforms charged that the bankruptcy process had been abused by wealthy consumers, gamblers and so-called "deadbeats," who apparently were crippling the U.S. economy because they abusively filed bankruptcy cases even though they could pay their debts.

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Sommer said the survey found that few would-be filers have the resources to pay their debts, that abuse of the process is the "rare exception and not the rule" and that few people end up in bankruptcy "due to a lack of financial responsibility."

Ike Shulman, a bankruptcy attorney in San Jose, Calif., calls the new law "ill-conceived" and said that it is "failing on an across-the-board basis."

"The primary impact of the new law appears to be more paperwork hassles and higher expenses for already cash-strapped consumers," Shulman said. "The only good news here is that the law is so flawed and has been interpreted in such a way that some of the dire consequences many of us feared fortunately have not come to pass."

Other findings from the survey included:

  • 68.5 percent of bankruptcy attorneys said that their bankruptcy filings were up in the third quarter of 2006 compared to the first half of this year.

  • 57.5 percent said they expect filings to reach their pre-reform levels by or before the law's second anniversary in 2007.

  • Fewer than one in 10 cases handled by bankruptcy attorneys were linked to "discretionary spending" habits.

  • More than nine out of 10 attorneys said the increased paperwork did not change the results of someone filing for bankruptcy, but simply increased the costs.

In addition, the law has prevented some filers from paying tithing or making other charitable contributions while in bankruptcy.

The NACBA survey follows a February survey, which found that 97 percent of the consumers filing for bankruptcy were unable to pay any debts and that the overwhelming majority were forced into dire financial straits by circumstances beyond their control, such as the loss of a job, medical expenses or the death of a spouse.

At one bankruptcy filing per 39.5 households in 2005, Utah fell to a No. 3 ranking among all 50 states and the District of Columbia for the 12 months ended Dec. 31, according to a report released in April by the American Bankruptcy Institute.

For three straight years — 2002 to 2004 — Utah ranked No. 1 in the United States in households per consumebreakup and medical problems.

E-mail: danderton@desnews.com

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