And you thought the GOP bankruptcy bill was bad before

As if the victims of Hurricane Katrina didn’t have enough to worry about, there’s that damn bankruptcy bill from earlier this year.

Hurricane Katrina is expected to cause a spurt of bankruptcy filings by storm victims — and sweeping changes in U.S. bankruptcy laws may leave them even more strapped than they otherwise might be.

The Bankruptcy Abuse Prevention and Consumer Protection Act, which takes effect October 17, includes a slew of rules and restrictions intended to curb abuse. These are expected to make it harder for individuals to file to keep creditors away, and more difficult for businesses to reorganize.

But the law wasn’t directed at people who file because of catastrophes such as Katrina, in which people lost homes, businesses and perhaps months of regular paychecks. Katrina has caused widespread devastation in Louisiana and Mississippi and left New Orleans, population 462,269, virtually uninhabitable.

“People who are seriously affected by this hurricane are not going to be able to file bankruptcy by October 17,” said Henry Sommer, co-editor of “Collier on Bankruptcy,” a leading reference work. “They have more pressing things in their lives, like survival.”

Under the new bankruptcy law, people who file face a series of new hurdles, including additional fees, paperwork, and “means testing” that forces them to pay off at least some debts. For those whose home and place of business has been destroyed by a hurricane, and may not be rebuilt for a very long time, the burden adds insult to injury.

For what it’s worth, four House members, led by Rep. John Conyers (D-Mich.) are planning to introduce legislation to provide flexibility for victims of natural disasters in bankruptcy. A similar measure was rejected while the bill was debated on the Hill earlier this year, but something tells me it might have a little more salience now.

Thanks for picking this up, CB. As one of the displaced from New Orleans, I have had lots of time to think (probably a bad thing) and this is one of the issues that came up in my mind. Me and my family will be fine, I think. But we have many, many friends who lived paycheck to paycheck in St. Bernard Parish and who did not have the income (food for the kids comes first) to afford flood insurance. They will be devastated and the old bankruptcy rules would have at least provided some protection to them. What a country. What priorities we have. Right now I just hate those 59 million idiots who put this clown and his band of incompetents in office for a second time. But I guess we are safe from terror, and I guess all that money we got in tax cuts that could have been used to make the nation truly safer in many ways will more than compensate for the higher costs we now have to pay in gas, fuel, utlilities, insurance, food products……

  • Perhaps it is time to think about repealing the 13th amendment ( the provision on indentured servitude).
    Just think of it! Tens if not hundreds of thousands of poor sods who
    need work and a place to live and the GOP dominated Congress could solve this unfortunate scenario with a flick of a pen.
    After all, sharecropping wasn’t so bad, right? This could be high tech
    sharecropping with an entire population of urban workers who could be
    shifted at will anywhere they are needed. Oh the prospects!!!!
    It could be called the Shylock Act ( in honor of a man who knew
    the hard realities of life and wasn’t afraid to go after them). Maybe Elaine Chao could get started on this right away!?
    Oh brave new world!

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