April 1, 2005
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Dear <snip>:
Thank you for contacting me to share your concerns with the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. I appreciate hearing from you on this important issue.
Nationally, personal bankruptcy filings have skyrocketed in recent years. Estimates show that personal bankruptcy rates increased 400% over the last twenty years. The proliferation of bankruptcy filings has resulted in major financial losses and could have a significant adverse effect on our nation's economy. As I recently wrote in a letter to Speaker Hastert, "An overhaul of the bankruptcy code is needed to ensure that those with the means to pay at least some of their debts are not able to wipe their debts clean by gaming the system. Allowing bankruptcy to become a financial planning tool rather than a last resort forces many of our constituents who pay their debts to pay for those who do not."
I understand the concerns of those who feel that this legislation ignores the needs of the poor and disadvantaged, but I respectfully disagree with those conclusions. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 protects women and children by strengthening their ability to collect alimony and child support, it provides low income filers with access to chapter 7 without qualification, and it protects consumers through the creation of a "debtors bill of rights" requiring the disclosure of bankruptcy fees.
It is also important to keep in mind that frivolous bankruptcies impact consumers who choose to play by the rules, particularly those lower income families who work hard, pay their debts but still face difficulties obtaining credit. We shouldn't punish those who pay their debts by forcing them into a system that requires those who play by the rules to be punished because others haven't made good credit decisions. This legislation provides protection for all Americans who find themselves shouldering the burden of the bankruptcy abuses of others.
It is important to remember that bankruptcy is not something created by debtors alone. Creditors, the federal government, as well as state and local governments have an important role to play in enhancing financial literacy and ensuring a level playing field for all consumers. The need for strong consumer protections, affordable health care, and better wages should not, however, stand in the way of common sense bankruptcy reform.
Thanks again for contacting me. If I can be of further assistance or provide additional information, please don't hesitate to let me know.
Sincerely,
Stephanie Herseth
I wish this was an April Fools joke, but I'm afraid it isn't. Hard to tell SD Dems from members of the GOP.