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i'm still not convinced moondog Send a noteboard - 19/02/2010 03:12:03 PM

not since the bankruptcy act which does not allow you to declare bankruptcy and get out of your credit card debt from doing so. so, you're still on the hook for those credit cards, even if most of the rest of your debt is erased (or close to it). not only are you still liable for credit cards, but in some cases, your credit card debt takes precedent over things like child support/alimony. i would hardly call consumer bankruptcy a bailout, but i guess it's probably the closest thing the average person has...


Much of what you said is simply not true. You absolutely can walk away from credit card debt, mortgage debt, IRS debt, etc...

The different in the 05 laws is you could not abuse the system as much as it was before. Prior to 05 I could wrack up 20k in credit card debt a short time before I filed, and walk away from it all. That's just bad policy.

Under the new law I have to pay back any major purchases made within the last 90 days before filing. If it is an extremely large purchase, i.e. 100k cash loan 6 months out, you will get challenged on it and might have to pay it back.

Bankruptcy is the bailout solution for many consumers.


bailout implies that the government is taking special measures to ensure your solvency. this is (i think) what the guy was pissed off about, that the government will bend over backwards to help big business, but do mostly nothing for the people. any entity can declare bankruptcy, it's not like it's a special situation that individual consumers have over corporations. in fact, it's the opposite, because consumers only really have two choices for bankruptcy, compared to roughly a dozen different ways for a corporation.

also, considering that before and after the rewriting of the consumer bankruptcy laws the majority of filings were for overwhelming medical expenses, i'm still not convinced that (a) the system was truly being abused that badly and (b) requiring most of your credit card debt to take precedence over other debt is showing responsibility.
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