Bankruptcy Bill Would Hurt Those With High Medical Costs, Columnist Writes - 03/09/05
(Opinion) Article from The
Washington Post Online

Legislation (S 256) to modify U.S.
bankruptcy laws that the Senate is scheduled to consider this week would "swee[p]
away protections for worthy and unworthy creditors alike" and would make it
"much harder" for U.S. residents "who fall into medical-financial
hell ... to win relief from bankruptcy judges," columnist E.J. Dionne
writes in a Washington Post opinion
piece. According to Dionne, the legislation proposes a "means test"
that would give judges less discretion to "distinguish between those who
abuse the [bankruptcy] system and those who deserve its protection." Under
the provision, U.S. residents with annual incomes that exceed the median income
in their state would be more likely to have to file for bankruptcy under Chapter
13 of the bankruptcy code, which "requires debtors to live up to a strict
repayment plan," Dionne writes. He adds that under the bill, U.S. residents
with annual incomes below the median income also would face higher legal costs
and fewer safeguards. Elizabeth Warren, a professor at Harvard
Law School, said the legislation "assumes that everyone is in
bankruptcy for the same reason -- too much unnecessary spending" -- and
does not take into account that many people file for bankruptcy because of
medical expenses, Dionne writes. He notes that a survey
by Warren of U.S. residents in bankruptcy courts found that nearly half said
that illness or medical bills contributed to their filing for bankruptcy and
that about 75% of that group had health insurance. Sen. Edward Kennedy (D-Mass.)
plans to propose a series of amendments to the legislation that would expand
protections for people facing bankruptcy mostly for medical reasons, as well as
for men and women in military service, Dionne writes. He adds that if the
legislation were enacted in its current form, U.S. residents could face a
"double whammy" resulting from the new bankruptcy rules and President
Bush's proposed Medicaid cuts (Dionne, Washington Post, 3/1).