Tuesday, March 01, 2005

Bankruptcy Bill considered

Cut and dried case of people milking the system? Not so fast.

Listen to Elizabeth Warren, a Harvard law professor and one of the most learned and powerful critics of the bill. Testifying before the Senate Judiciary Committee in early February, Warren argued that the proposal "assumes that everyone is in bankruptcy for the same reason -- too much unnecessary spending."

"What does that mean in practice? "A family driven to bankruptcy by the increased costs of caring for an elderly parent with Alzheimer's disease is treated the same as someone who maxed out his credit cards at a casino," Warren said. "A person who had a heart attack is treated the same as someone who had a spending spree at the shopping mall. A mother who works two jobs and who cannot manage the prescription drugs needed for a child with diabetes is treated the same as someone who charged a bunch of credit cards with only a vague intent to repay."

Consider the double whammy that this Congress could end up imposing. At a moment when the president is proposing cuts in Medicaid and when many Americans are losing part or all of their health insurance coverage, citizens who fall into medical-financial hell are being told it will be much harder for them to win relief from bankruptcy judges.

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