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Author: DGChabino Two stars, 250 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 308557  
Subject: Re: Bankruptcy- unfoolish way out Date: 5/14/1998 5:31 PM
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I, by my own admission am not extremely well versed in bankruptcy law. However, I do have a good deal of personal experience with the subject as a lender.

Approximately 40% of the bankrupcies filed on the finance company I deal with are filed by people who are current on their account. In other words, they didn't have a long period of slowly getting behind, but sudenly just filed bankruptcy.

I can't quite see how 40% of people are simply having some major trajedy in their lives. It seems to me (of course I'm only a layman) that most of the people filing are just in too much debt, and I can't see why we can blame consumers demands to buy things on credit card companies.

I think that there are some reforms that can be made. It should be more difficult to file bankruptcy, especially for repeat filings. For example, if you file a Chapter 13 BK, it is my understanding that at any time you can convert it to a Chapter 7 and include any new debt that you've incured since your filing a Chapter 13. I belive the same also applies if you have filed a Chapter 7. I don't think anything keeps you from filing a Chapter 13 even if you just filed 7 a couple of years ago. And my biggest gripe is dishonest bankrupcy attornees (there are only a few of these) that claim you are getting a loan from the federal government when, in fact, you are filing bankruptcy.

I understand hardly anyone really wants to file bankruptcy, but I can't see placing the blame on creditors. I've never seen a creditor forcing some one into a store to run up purchases on a credit card.

As far as giving credit cards to college students with no means of making payments, that's just dumb on the part of credit card companies. I have not and never will do any such thing.

Other things that have been mentioned, such as higher monthly payments and other risk-reducing plans, are very good ideas. I think all creditors want these kinds of things. Unfortunately, the consumer demands, and we have to give in. You can specifically thank Sears as one of the biggest contributors to the problem of low monthly payments.
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