I hope the find the video later, but he indicated that we need to change the bankruptcy laws to favor the guy on Main St.
Biden was a very strong supporter of the bipartisan bankruptcy changes that went into effect in 2005, which ultimately required individuals making above certain median amounts to enter into an organized repayment plan, rather than a complete liquidation. By forcing individuals into a repayment plan, you force them to make decisions about their standard of living when they analyze their cash flow. Unfortunately, housing is one of those things that may need to be changed, even with a repayment plan, retaining a home is not always financially feasible. So, if you have an individual who makes above a median income as set by the IRS, has a large mortgage payment and a large amount of credit card debt ? they can still give up their house, which still has to go through foreclosure to remove any additional liens, this deficiency balance then becomes part of the same unsecured debt as the credit cards, but obviously, for a considerably less amount and less priority in the plan.
Despite the name, in chapter 7 liquidation, depending on your state and the equity in your home, keeping your home and reaffirming the debt, while discharging those large credit cards balances to free up monthly cash flow, was a very real option for people.
It?s interesting, and I?m just rambling.
Biden was a very strong supporter of the bipartisan bankruptcy changes that went into effect in 2005, which ultimately required individuals making above certain median amounts to enter into an organized repayment plan, rather than a complete liquidation. By forcing individuals into a repayment plan, you force them to make decisions about their standard of living when they analyze their cash flow. Unfortunately, housing is one of those things that may need to be changed, even with a repayment plan, retaining a home is not always financially feasible. So, if you have an individual who makes above a median income as set by the IRS, has a large mortgage payment and a large amount of credit card debt ? they can still give up their house, which still has to go through foreclosure to remove any additional liens, this deficiency balance then becomes part of the same unsecured debt as the credit cards, but obviously, for a considerably less amount and less priority in the plan.
Despite the name, in chapter 7 liquidation, depending on your state and the equity in your home, keeping your home and reaffirming the debt, while discharging those large credit cards balances to free up monthly cash flow, was a very real option for people.
It?s interesting, and I?m just rambling.