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Mar 04, 2005 -- New bankruptcy law unfair and corrupt

Did you know that 1.56 million families filed for bankruptcy in 2004? That is roughly one in 68 or 69 families. It’s down about three percent from 2003, but it’s still pretty high. People file for all kinds of reasons including medical problems and divorce. But the starting point is usually the level of debt we carry. And there is always another lender willing to lend us money. It’s about to get even more precarious now that Congress is about to enact a law that targets the middle class specifically. Essentially, the middle class will no longer be able to “set aside” debts in bankruptcy. They’ll have to have a repayment plan. Chapter 7, which wipes debt clean, will still be available to the lower economic classes. But the clincher is the provision for the very wealthy. The millionaire provision sets up an “asset protection trust” that will make it possible for people to keep their possessions and assets and never have to pay a penny back. In other words, middle class folks will have to pay back most of their debts, but wealthy people can have their slate wiped clean. It’s simply not right and it’s not any kind of reform. In fact, it’s theft. It’s basically taking money from one class to benefit another. Clark wonders who has been bought off to make this happen, and he hopes someone puts a stop to it out of sheer embarrassment.

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What others are saying

  • Unfair Bankruptcy Laws for the Middle Class
    I agree. Why should the middle class have to pay when others are given a clean slate. This law is absolutely unfair and corrupt, and I need to know is there anything in the works to have this law changed?
  • Mar 04, 2005 -- New bankruptcy law unfair and corrupt
    was there ever any change to this law?
  • divorce and bankruptcy
    my husband has carried on a 2 and a half year affair yet refuses to get a divorce from me. He owns his own business and found that he has a lot of extra cash flow available which he has learned to hide through his mom, dad and brother. He tells me he is struggling to pay our bills (which he has cleverly built mostly on MY name), yet he is continually making LARGE "personal" purchases for he and his children of a previous marriage, and also paying costly car repair, vet bills and purchases of his concubine. I have been told that I can not only make him pay the bills he created in my name, but that I'm entitled to half the business worth, spousal and child support for our child. My husband is using financial scare tactics to keep me tied to him (I used to co operate the business until he began the affair and no longer allowed me to manage most jobs because he was bringing HER on them.) I sought an attorney who wanted a large amount of money up front to do a divorce and have my husband pay it back to me after. Being dependent on my husband for work, I couldn't access that amount of cash. Now my husband is trying to convince me to file chapter 7 so "we" clear our high debt, and move away from his "mistake" and start over.
    My email, incase you may have something further to share on the matter is, tandjertruck@yahoo.com.
    My question for you from a financial view, if i get trapped in a chapter 7 with my husband before I can get the money for a contested divorce, will it cause me to loose in my financial case against him for a share in the business we began as a couple, and spousal support? Would filing chapter 7 eventually be a help to me as a soon to be single, unemployeed mother of two.
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