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Is It Fair To Allow People To File Bankruptcy
Is It Fair To Allow People To File Bankruptcy
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Home Page > Finance > Credit > Is It Fair To Allow People To File Bankruptcy
Is It Fair To Allow People To File Bankruptcy
Posted: Sep 02, 2009 |
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How do people get into a position of needing to file bankruptcy? Obviously something happens in their life that allows them to become overwhelmed with debt that they can no longer pay.
Some people have an unexpected illness that burdens them with mounds of debt because they had no insurance or their insurance ran out. Some people get a divorce and leave one person with children that they can’t support alone. They may have also had joint debt that one doesn’t want to pay for the other one.
Some people lose their job and are unable to find another one before their meager savings run out. Most people don’t understand how little unemployment benefits are until they have to apply for them.
Some people suddenly find themselves old and no one wants to hire them anymore and they don’t have enough savings to tide them over until they can start receiving their social security, which won’t cover all the debt payments that they accumulated either.
A large number of these people get to the point of needing to file bankruptcy because they never saved enough money (if any) to tide them through a rainy day. Saving money seems to just be a thing of the past for many. In addition, they created more debt than they could possibly cover if they hit a bump in the road. Today the easy access to credit allows people to easily live beyond their means.
Is this totally the fault of the company granting the credit? Is it the creditor’s job to manage the financials for the person applying for and receiving the credit?
By allowing people to file bankruptcy and default on the debt that the creditor granted them in good faith, the system is pretty much saying yes it is the lenders fault.
Some might ask if the borrower cannot add and subtract? Do they not think about what they would do if they lost their job or had some other unexpected debt come along in their life?
I know a lady who was already living in government housing, paying only a month for her apartment, but slowly ran up so much credit card debt that she decided to file bankruptcy. But, before she filed she charged a set of tires for the car, then rented a car because her A/C wasn’t working in her car (which she put on the credit card) and then she and her grown son (age 44) went to the beach for a week; all on credit, their hotel bill, gas for the car and his fishing trip.
Then when they came back she filed bankruptcy. She has two grown children, both healthy and quite capable of working and taking care of their mother.
Should this lady have been allowed to file bankruptcy? This lady knew exactly what she was doing. There are some people who file bankruptcy over and over again. It is just a way of working the system.
Most bankruptcy attorneys require their fee be paid up front, as well as the court filing fees. Some would say why not take that money and pay it toward their debt.
Yet, there are others who have really worked hard all their life and saved every penny that they could but have sudden unexpected very expensive health problems. Even if they have health insurance their part of the bill is just more than they can ever repay.
So is bankruptcy fair for these people? Who pays the doctor and hospital that treated them? Is it fair to them to be forced to simply provide the service for free?
Some people who file bankruptcy do eventually pay off all their debt and then there are others where the courts simply dismiss the debt and it is never repaid. How many lenders have difficulty staying afloat when the payments that they were depending on being repaid are reduced to less than a third of the original loan agreement? Does the borrower’s bankruptcies lead to the bankruptcy of the lender?
On the other hand the payments that lenders get from the borrowers that do pay back their debt through bankruptcy might be the only way that they will ever get any money from the people that are defaulting on their loan.
Life is difficult and life is not always fair. Perhaps getting back to a fellow human being helping another fellow human being who is in need, would be a better answer than a stranger forgiving debt to another stranger, unwillingly. Maybe children could become responsible for their parents well being again. Maybe people could learn to save for what they want and pay cash for it.
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Adelle Beem -
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Jackie has been publishing online for several years on a variety of subjects and interest. Come visit her latest site at Check Credit Score which offers information about why and how to know Whats My Credit Score.
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Jackie has been publishing online for several years on a variety of subjects and interest. Come visit her latest site at Check Credit Score which offers information about why and how to know Whats My Credit Score.
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