Consumer debt crunch and division by two

Doug Henwood dhenwood at panix.com
Mon Jun 8 14:21:01 PDT 1998


Justin Schwartz wrote:


>I'd be very cautious about even appearing to advocate or counsel credit
>fraud, bankruptcy fraud, etc. You could go to prison for a very long time
>if you tried it and you could be nailed as a conspirator, liable for all
>the crimes foreseeable in the conspiracy, for advocating it. Don't even
>think about it.

Justin, maybe law school took a toll on you. No one was counseling bankruptcy fraud. There is no objective measure of personal insolvency. If you file, you can be pretty sure of having your credit card debt discharged. It's a lot more sensible than sweating bullets to service your debts.

When I did a piece on bankruptcy for The Nation about 5 years ago, I interviewed a guy who did the second-highest volume of personal bankruptcy filings of any lawyer in Manhattan after Jacoby & Myers. He said people came into his office crying, miserable, having suffered to service for months, even years. He said he gives them a little talk, that goes something like this: "They're taking advantage of you. They over-promote credit, tempt you into using it, then you get in trouble. They're making a ton of money anyway. Fuck 'em! File!" He said the relief once they understood this basic proposition was immediate & visible.

To Michael's why not more bankruptcies, I gotta add, why not?

Doug



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