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Obama proposes Bankruptcy law changes

While bilingualism is grabbing some of the headlines, the topic of yesterday’s speech [CNN video] was bankruptcy. It was Obama’s first visit to Georgia since securing the nomination (and on the same day of some small buzz over a Zogby poll showing Obama beating McCain in the state 44 to 38 percent — with Barr taking the 6 percent difference).

Elizabeth Warren explains that it is rare for a presidential candidate to raise the topic, but these candidates have history:

[Obama] voted against the bankruptcy bill.  He voted in favor of the amendments that would have eased the effects of the amendments. But his real history is deeper. He was a community organizer who saw first-hand the effects of aggressive lending.  He was a state legislator who felt the impact of federal pre-emption on his ability to protect the citizens he represented.

…McCain also has a history.  McCain has voted in favor of financial institutions since he first went to Washington.  He voted over and over for the bankruptcy bill, and he voted against the amendments to give medical bankrupts a means test exemption, against a uniform minimim homestead for older Americans, against limiting recovery for lenders who violate Truth-in-Lending laws.  After Katrina, McCain opposed an amendment to make procedures easier for victims of natual disasters.  The list is long.

Obama proposed changing bankruptcy laws to fast-track the process for military families, help seniors keep their homes, and protect people recovering from natural disasters and high medical expenses.

He 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 he went on the offensive against McCain:

 “While I was opposing the credit card industry’s bankruptcy bill that made it harder for working families to climb out of debt, [Sen. McCain] was supporting it – and he even opposed helping families who were only in bankruptcy because of medical bills they couldn’t pay,” Obama told a crowd at the town hall, referring to a 2005 revamp of bankruptcy laws that McCain voted to support. Obama, who opposed the revamp, called it a sop to special interests. “He sided with the big banks again when it came to protecting the most valuable possession that older Americans have – their home.”

RELATED: Another day older and deeper in debt: Seniors and bankruptcy — reports on new studies finding older people deeper in debt and predatory lending practices on the rise.

  • That bankruptcy bill was a travesty of American politics. Written by the credit card companies for the credit card companies.

    It's good to see the prominent politicians willing to fight against it even after all this time.
  • DLS
    The question, again, is what other categories of voters-to-buy will be given similar breaks from their obligations as promises by Obama later this year.
  • DLS,
    McCain and Obama are already joining to give a break to the telecom companies.
  • mikkel
    Chris, I agree. While I am pleased that Obama is at least making the first steps, the worst part of the bill was that CC bills aren't discharged. That's the whole point of bankruptcy. Ironically that provision has led to people paying off their credit cards even as they have their house foreclosed...and since most of the banks issuing cards are heavy into real estate the unforeseen consequences have hurt them way more than before the bill was passed.

    Contrary to the popular spin that the system is full of abuse, a lot of bankruptcies are due to either health care costs or failed businesses. Indeed, a lot of studies have shown that the ability to get a clean slate is essential for a prosperous entrepreneurial society and suggest that draconian laws in Europe have severely hindered small business activity. This is why the greatest critics of the law that I've read have not been liberals but free marketers.
  • ljeff18
    On issues like bankruptcy--
    In the face of angry voters, McCain must establish himself as a strong fiscal conservative or risk a backlash from his party.

    In Orange County, CA, we are already seeing a backlash from donors against the party- they'll be stopping contributions in November if fiscal irresponsibility continues, and incumbent Republicans don't start acting like Republicans.
    Here's a link to a podcast with the president of Red County and board members of the Lincoln Club.
    http://www.greenfaucet.com/market-neutral-red-c...
  • Neocon
    Any bill that punishes the stupid credit card companies that give credit cards to dead people and college students like they are candy then whine about them not paying their bills is a bill that I support.

    Perhaps the credit card industry can do what the rest of America is forced to do..........Act responsibly.
  • "Perhaps the credit card industry can do what the rest of America is forced to do..........Act responsibly."

    Since the entire premise of credit card companies is founded on exactly opposite principles, that seems unlikely.

    But I'm with ya.
  • superdestroyer
    Of course, in a few years after the changes in bankruptcy that force the credit card companies to severely cut back on issuing cards, everyone will see news stories about how minorities are not able to secure credit and cannot function in a modern society without a credit card. Look at what happen when the credit score became important to buying a house, people are more qualified to purchase houses but the housing market has died.

    For once it would be nice if politicians did not sell ideas as being cost free.
  • AustinRoth
    Chris - we don't agree often, but I definitely do agree with you on this topic.
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