Reply #81: I want ed to post this on the main part of the thread do people

[madmark]

would see it. If this is a rule violation I apologize to the moderators. Attached is a letter I sent to my Senator. I work in the area so it may be more substantive than others can be. Feel free to forward it (or portions) to your congress person:

Dear Senator McCain,

I am one of your constituents and have practiced bankruptcy law for the past 12 years here in Phoenix. Before you vote to pass the bankruptcy bill could you please do two things: 1)Read this bill, and 2) Speak to at least one of Arizona's bankruptcy judges (preferably a republican one so that they have more credibility in your eyes) about the bill's merits. If you can still vote for the bill after you have read it and spoken to one of our judges then you have at least done the bare mininum diligence that this decision requires. I suspect though if you actually read the bill and speak to one of our judges about it (not necessarily in that order) you will be unable to vote for it because it is in effect an economic attack on the middle class and will render the bankruptcy courts dysfunctional. I know that may sound like hyperbole but I honestly do not think I am overstating the matter.

In my practice approximately 5% of the bankruptcy cases I see could be characterized as abusive or involving lack of personal responsibility. The balance are caused by the following in descending order: divorce, illness, injury, job layoffs, and entrepreneurial failure. Even Republican Senators during this debate have already described the bill as being "harsh" when applying it to members of the military. Just as the Senate does not think this harsh bill should apply to the military why would they want it to apply to the divorced, ill, injured, layed off and the entrepreneurs who fuel our economy, take the risks that have to be taken for growth to ever occur, and failed in this noble attempt.

I will preview two important provisions in the Bil. The Bill "means tests" the ability of people to file Chapter 7 liquidations and forces everyone except the lower middle class with one income (2 incomes will be too much), the impoverished, and the extremely wealthy to file a Chapter 13 wage earner plan bankruptcy instead of a Chapter 7 liquidation. The Bill also requires that debtor's lawyers assume liability for the accuracy of the Debtors' representations of their financial condition set forth in their bankruptcy schedules and statement of financial affairs. Chapter 13's administrative transaction costs are three to four times greater than Chapter 7's. Chapter 13's will require a monthly payment stream for 3 to 5 years whether or not there really is any disposable income from which this payment can be made. Chapter 13's do not provide a debt discharge until the conclusion of the 3 to 5 years and credit markets refuse access to these debtors prior to receipt of the discharge. In Chapter 7's the discharge order comes in approximately 4 to 5 months and credit markets (ie. car lenders) will deal with debtors (albeit at a higher rate) after the receipt of the discharge. Chapter 13's plan currently have a high failure rate (ie. most debtors default on their Chapter 13 plan payments and never get their discharge). No lawyers will represent Debtors with the new liability provisions. Without lawyers the already high Chapter 13 failure rate will skyrocket. The net effect is hundreds of thousands/millions of American middle class people (the divorced, ill, injured, layed off, and failed entrepreneurs) will no longer get discharges and no longer be able to function as productive members of the American economy. All this at time when we are likely looking at a coming housing bubble correction, interest rate spike (accelarated by government budget and trade deficts), and dollar sell off.

And for what? I understand that MBNA and other credit card issuers have contributed a great deal to Senators for the additional leverage on Debtors that this bill will give them but is that enough to vote for a bill that is harmful to the interests of the American economy and its middle class.

There are other bad things in the bill and if your office would to discuss them further feel free to correspond to arrange the same. Thank you for your time considering this matter.