Obama proposes changing bankruptcy laws

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Obama proposes changing bankruptcy laws

Candidate wants additional protection for military families, seniors


POWDER SPRINGS, Georgia - Barack Obama called on Tuesday for changing federal bankruptcy laws to help military families, seniors and victims of natural disasters, and accused John McCain of repeatedly siding with the banking industry when Congress acted on the issue.

"When it comes to strengthening the safety net for hardworking families, he's been part of the problem, not part of the solution," Obama said of his Republican rival for the White House.

Both candidates are in the midst of weeklong efforts devoted to the economy, the top concern of voters four months before the election as gas prices and job layoffs rise while the credit crisis and housing crunch continue. Each senator is trying to portray himself as most in tune with the needs of a middle class that's smarting from economic difficulties — and the other as out of touch.

Bankruptcy legislation that cleared Congress in 2005 also figured in the Democratic primaries. Obama voted against the measure, and criticized Hillary Rodham Clinton for supporting it.

Seeking to turn the issue against McCain, the Illinois senator said the bankruptcy bill was further evidence that he would renew the policies of an unpopular President Bush.

"Like the president he hopes to succeed, Sen. McCain does not believe the government has a real role to play in protecting Americans from unscrupulous lending practices," Obama said as he announced his fresh proposals before a few thousand people in a high school gymnasium in this city outside of Atlanta. "He would continue to allow the banks and credit card companies to tilt the playing field in their favor, at the expense of hardworking Americans."

Obama's campaign pointed to a series of Senate votes in 2005 to accuse McCain of "siding with banking industry lobbyists" while opposing measures that the Democrat's campaign said would have helped families struggling to pay medical bills, seniors in bankruptcy fighting to keep their homes, and victims of Hurricane Katrina. Aides noted that McCain, an Arizona senator, voted for a bankruptcy reform bill three years ago that critics say favored big business while Obama opposed it. The measure passed the Republican-led Senate with Democratic support.

McCain spokesman Tucker Bounds responded in a statement: "Eighteen Democrats and John McCain worked together on the bipartisan Senate bankruptcy bill, and Barack Obama's rigid partisanship and self-promoting political attacks show that he's a typical politician — which is the problem in Washington, not the solution."

Obama's new bankruptcy proposals supplement his broader — and previously announced — bankruptcy reform agenda that includes changes intended to help people in financial distress because of medical bills and allow homeowners going through the bankruptcy process to renegotiates terms of their mortgages.

The Democrat said he also would help service members and military families struggling financially after multiple moves, lengthy deployments and, in some cases, predatory lenders, saying, "If you're protecting America, America should be protecting you from unfair bankruptcy laws."

He pledged to expedite the bankruptcy process for them by exempting them from a "harsh means test," cutting "unnecessary paperwork" and "token counseling," and enacting a minimum homestead exemption to help them keep a greater share of their home's value.

Obama also wants to allow a speedier bankruptcy process for all service members regardless of what state they live, a departure from current law that says people can use federal bankruptcy exemption laws if their state of residence allows. Some 35 states bar families from federal exemptions, according to a campaign-issued fact sheet.

As for seniors, Obama said, "I'll help make sure that if you're over 62 and facing bankruptcy, you'll have a better chance of keeping your home."

He said people in that age bracket would get a minimum federal homestead exemption equal to the median cost of a home in their state, "giving them a better chance to keep their homes and helping them maintain both their independence and their financial security."

In addition, Obama said he would help families recovering from a natural disaster by streamlining the bankruptcy process for those in certified natural disaster areas by eliminating "unnecessary paperwork" and waiving "unneeded credit counseling requirements."

He also promised to enact a 120-day moratorium "on adverse credit actions from collectors, such as foreclosure" to free families from concerns about collectors as they are trying to recover. And, his campaign said he would amend the Equal Credit Opportunity Act, which bars discrimination in lending, to include protection for disaster victims, so that lenders do not unfairly restrict credit to such families.

Obama proposes changing bankruptcy laws - Barack Obama News - MSNBC.com


It shows that he care about his people and country.



 
hell yea! It's really insane in here... they WANT people to get into bankruptcy because bankruptcy equals LUCRATIVE PROFITS for them!
 
I'm not so sure about that----Congress toughened the old bankruptcy laws up and passed them in 2005 to prevent too many more Americans from abusing the bankruptcy system to get out of debt.

The OP is very detailed so I'll suffice it to say that you DO keep your home after a bankruptcy. You DO work out things depending on which Chapter (7 or 13) route you take. Sometimes you give up some money, things but being in a bankruptcy helps you with a fresh start. It should be of last resort, but if you need to file, you file and work with the current laws.

I firmly believe people need to READ everything before signing contracts. If they enter a bad mortgage--errrm. There's problems with predatory lenders BUT the onus needs to be on the people and having a "Buyer Beware" mentality. Educate yourself, read up on stuff, and ASK questions. I guess it's easier said than done.

Obama does care and I applaud him for trying to fix this. It was already fixed, and maybe needs some new tweaking but it's not the reason why the economy is the way it is. No one could have known the mortgage crisis would happen with so many subprime loans out there BUT it's like playing the stock market. You wanna invest in the stock market, educate yourself and tread carefully. You lose some, you win some.......

The military needs fixing here if too many service men are having problems during deployments etc. They've been trained for combat, they have services to help them manage finances, health insurance etc on top of salary, bouses and incentives. Should it be the fault of the government that a lot of people are not so fiscally smart? Shoot, I didn't know I could have had million dollars at retirement if I set aside $ for a few years and left alone. Who knew? With that knowledge in hand, I will pass that on to my children so THEY can benefit. Should I blame the government for that? No.

Just my opinion.
 
I'm not so sure about that----Congress toughened the old bankruptcy laws up and passed them in 2005 to prevent too many more Americans from abusing the bankruptcy system to get out of debt.

The OP is very detailed so I'll suffice it to say that you DO keep your home after a bankruptcy. You DO work out things depending on which Chapter (7 or 13) route you take. Sometimes you give up some money, things but being in a bankruptcy helps you with a fresh start. It should be of last resort, but if you need to file, you file and work with the current laws.

I firmly believe people need to READ everything before signing contracts. If they enter a bad mortgage--errrm. There's problems with predatory lenders BUT the onus needs to be on the people and having a "Buyer Beware" mentality. Educate yourself, read up on stuff, and ASK questions. I guess it's easier said than done.

Obama does care and I applaud him for trying to fix this. It was already fixed, and maybe needs some new tweaking but it's not the reason why the economy is the way it is. No one could have known the mortgage crisis would happen with so many subprime loans out there BUT it's like playing the stock market. You wanna invest in the stock market, educate yourself and tread carefully. You lose some, you win some.......

The military needs fixing here if too many service men are having problems during deployments etc. They've been trained for combat, they have services to help them manage finances, health insurance etc on top of salary, bouses and incentives. Should it be the fault of the government that a lot of people are not so fiscally smart? Shoot, I didn't know I could have had million dollars at retirement if I set aside $ for a few years and left alone. Who knew? With that knowledge in hand, I will pass that on to my children so THEY can benefit. Should I blame the government for that? No.

Just my opinion.

Impressive opinion. Well thought through debate.
 
Just for seniors over 62 years old? That feels discriminated. :(
 

Yes, very unfortunate. It happens to a lot more people than you would believe but the now fixed laws are still there for a reason. This is something I don't know what to say about....except it causes a great deal of anguish. The lady in the news article SHOULD not feel shame in having to file for a bankruptcy but I do definitely understand why she feels that way. :hmm:
 
Just for seniors over 62 years old? That feels discriminated. :(

62 is a benchmark for seniors. That when you can start claiming your SSA from your SSN income deducted from your payment since you are 16 years old.

My parent are edging 70 years old and live on SSA income. They would not be able to survive if they have not paid off their house before entering retirement. They were forced to retire when lost job age 61 in competitive banking world.

Before 62, you have better chance of rehire and work. But as you past 62, your chances of rehire back into workforce is very slim and hard to start over. So I am not opposed to those bankruptcy for seniors and military personals.

Everyone can always start over at any age before 62. It all about how you deal with the situation. Sometime situation is unbearable - figure out a way around it by using Credit Rehabilitation agency. Or learn how to avoid making the same mistakes that you see your friend going through.

Right now if you are not in danger of falling into debt, don't start one.

I know medical bills are tough to pay off. You can talk with hospital and negotiate your bill. Pay down to 20-50% of the bill instead of paying full 100% of the bill. Do it before it falls into collection. It a lot easier do it before. Check if your doctor, physical therapist, ER, urgent care if they are within your insurance's network. It royal pain in neck to do this but play it safe from the beginning.

That something to think about before consider filing bankruptcy.
 
I think that this is ok but, I think it is all talk. And doesn't really affect us too much.
 
Oh Boy .. Sad to see those victims’ people lost homes! :(
 
People who file bankruptcy are not thinking straight. I was going to file bankruptcy, but I heard the credit report clears after so many years. All collections and bad whatevers just disapear.
 
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