cgmason1
Well-known member
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How do you think this new law will affect carriers currently in Bankruptcy or those headed that way?
Tabula rasa no more. If you fly on UAL's (otc: UALAQ - news - people ) United Airlines or US Airways (otc: UAIRQ - news - people ), your carrier is in bankruptcy. But that financial safety net might not be available to you much longer. President George W. Bush on Wednesday signed the biggest rewrite of U.S. bankruptcy law in 25 years, rendering it more difficult for debt-ridden Americans to wipe out their obligations. "Bankruptcy should always be a last resort in our legal system," Bush said. "If someone does not pay his or her debts, the rest of society ends up paying them." Under the law, effective in six months, many debtors will have to negotiate repayment plans instead of having their obligations eradicated in bankruptcy court. The law won the congressional OK last week, after being pushed for the better part of a decade by banks and credit card companies. The measure would require people whose incomes top a certain level to pay some or all of their medical bills, credit-card debts and other obligations under a court-mandated plan. "The act of Congress I sign today will protect those who legitimately need help, stop those who try to commit fraud and bring greater stability and fairness to our financial system," Bush said. Congressmen who opposed the bill said the changes will hit hard low-income working people, single mothers and the elderly; and it'll destroy a safety net for those who've been laid off or face crippling medical bills. Bush said the new law makes the financial system fairer for debtors and creditors. More...
Update 3: Bush Signs Big Rewrite of Bankruptcy Law
04.20.2005, 02:58 PM
President Bush signed the biggest rewrite of U.S. bankruptcy law in a quarter century on Wednesday, making it harder for debt-ridden Americans to wipe out their obligations.
"Bankruptcy should always be a last resort in our legal system," Bush said. "If someone does not pay his or her debts the rest of society ends up paying them."
Many debtors will have to work out repayment plans instead of having their obligations erased in bankruptcy court under the law, which will go into effect in six months. The 500-page legislation won final congressional approval last week after being pushed for eight years by banks and credit card companies.
The measure would require people with incomes above a certain level to pay some or all of their credit-card charges, medical bills and other obligations under a court-ordered bankruptcy plan.
Bush said the new law makes the financial system fairer for debtors and creditors.
"The act of Congress I sign today will protect those who legitimately need help, stop those who try to commit fraud and bring greater stability and fairness to our financial system," Bush said.
Those who fought the bill's passage said the change will fall especially hard on low-income working people, single mothers, minorities and the elderly and will remove a safety net for those who have lost their jobs or face crushing medical bills.
The financial services industry argued that bankruptcy frequently is the last refuge of gamblers, impulsive shoppers, divorced or separated fathers avoiding child support, and multimillionaires who buy mansions in states with liberal homestead exemptions to shelter assets from creditors.
"In recent years too many people have abused the bankruptcy laws," Bush said. "They walked away from debts even when they had the ability to repay them."
New personal bankruptcy filings edged down from 1,613,097 in the year ending June 30, 2003, to 1,599,986 in the year ending last June 30, breaking an upward trend of recent years.
Between 30,000 and 210,000 people - from about 4 percent to 20 percent of those who dissolve their debts in bankruptcy each year in exchange for forfeiting some assets - would be disqualified from doing so under the legislation, according to the American Bankruptcy Institute.
Those people have six months until the law takes effect to escape the tougher guidelines. Bankruptcy attorneys have said they anticipate a rush to the courthouse.
Under the current system, a federal bankruptcy judge determines whether individuals must repay some or all of their debt.
Under the new law, those with insufficient assets or income could still file a Chapter 7 bankruptcy, which, if approved by a judge, erases debts entirely after certain assets are forfeited. Those with income above their state's median income who can pay at least $6,000 over five years - $100 a month - would be forced into Chapter 13, where a judge would then order a repayment plan.
Tabula rasa no more. If you fly on UAL's (otc: UALAQ - news - people ) United Airlines or US Airways (otc: UAIRQ - news - people ), your carrier is in bankruptcy. But that financial safety net might not be available to you much longer. President George W. Bush on Wednesday signed the biggest rewrite of U.S. bankruptcy law in 25 years, rendering it more difficult for debt-ridden Americans to wipe out their obligations. "Bankruptcy should always be a last resort in our legal system," Bush said. "If someone does not pay his or her debts, the rest of society ends up paying them." Under the law, effective in six months, many debtors will have to negotiate repayment plans instead of having their obligations eradicated in bankruptcy court. The law won the congressional OK last week, after being pushed for the better part of a decade by banks and credit card companies. The measure would require people whose incomes top a certain level to pay some or all of their medical bills, credit-card debts and other obligations under a court-mandated plan. "The act of Congress I sign today will protect those who legitimately need help, stop those who try to commit fraud and bring greater stability and fairness to our financial system," Bush said. Congressmen who opposed the bill said the changes will hit hard low-income working people, single mothers and the elderly; and it'll destroy a safety net for those who've been laid off or face crippling medical bills. Bush said the new law makes the financial system fairer for debtors and creditors. More...
Update 3: Bush Signs Big Rewrite of Bankruptcy Law
04.20.2005, 02:58 PM
President Bush signed the biggest rewrite of U.S. bankruptcy law in a quarter century on Wednesday, making it harder for debt-ridden Americans to wipe out their obligations.
"Bankruptcy should always be a last resort in our legal system," Bush said. "If someone does not pay his or her debts the rest of society ends up paying them."
Many debtors will have to work out repayment plans instead of having their obligations erased in bankruptcy court under the law, which will go into effect in six months. The 500-page legislation won final congressional approval last week after being pushed for eight years by banks and credit card companies.
The measure would require people with incomes above a certain level to pay some or all of their credit-card charges, medical bills and other obligations under a court-ordered bankruptcy plan.
Bush said the new law makes the financial system fairer for debtors and creditors.
"The act of Congress I sign today will protect those who legitimately need help, stop those who try to commit fraud and bring greater stability and fairness to our financial system," Bush said.
Those who fought the bill's passage said the change will fall especially hard on low-income working people, single mothers, minorities and the elderly and will remove a safety net for those who have lost their jobs or face crushing medical bills.
The financial services industry argued that bankruptcy frequently is the last refuge of gamblers, impulsive shoppers, divorced or separated fathers avoiding child support, and multimillionaires who buy mansions in states with liberal homestead exemptions to shelter assets from creditors.
"In recent years too many people have abused the bankruptcy laws," Bush said. "They walked away from debts even when they had the ability to repay them."
New personal bankruptcy filings edged down from 1,613,097 in the year ending June 30, 2003, to 1,599,986 in the year ending last June 30, breaking an upward trend of recent years.
Between 30,000 and 210,000 people - from about 4 percent to 20 percent of those who dissolve their debts in bankruptcy each year in exchange for forfeiting some assets - would be disqualified from doing so under the legislation, according to the American Bankruptcy Institute.
Those people have six months until the law takes effect to escape the tougher guidelines. Bankruptcy attorneys have said they anticipate a rush to the courthouse.
Under the current system, a federal bankruptcy judge determines whether individuals must repay some or all of their debt.
Under the new law, those with insufficient assets or income could still file a Chapter 7 bankruptcy, which, if approved by a judge, erases debts entirely after certain assets are forfeited. Those with income above their state's median income who can pay at least $6,000 over five years - $100 a month - would be forced into Chapter 13, where a judge would then order a repayment plan.
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