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).