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I enjoyed the opportunity to see so many First Congressional District Democrats this past Saturday in Menominee at your annual UP Dinner and thank everyone for their warm reception.
After such a wonderful weekend in the UP, I was dismayed to see the recent emails distributed to First Congressional District members personally attacking me because of my vote on bankruptcy reform. I want to share some information with you regarding this issue.
My position on bankruptcy reform has been consistent. I voted for reform before my election to the Senate while serving in the US House and again in 2001 while serving in the Senate. My position has not changed.
What has changed is that this issue is now viewed with greater intensity and distrust as part of the Bush agenda rather than as a bipartisan issue that has been worked on for many years. Seventeen Senate Democrats and 73 House Democrats joined me in supporting this bill. However, this distrust has led to what I believe are a number of misconceptions about the bill. Here are the facts:
This bill does make it more difficult for higher income families to discharge their debt if it is proven that they have the ability to pay at least a portion of the debt. However, lower income families are not affected by this bill. If a family makes less than the state’s median income, which is $68,602 for a family of 4, then they would not be affected and could continue to enter Chapter 7 bankruptcy as they do today. Only 7-10% of those who now file for Chapter 7 bankruptcy would be affected by this bill.
A person making above the median income would continue to be eligible for Chapter 7 bankruptcy if they faced special circumstances which prevented them from paying their creditors. These circumstances include things like a serious medical condition or a call to active duty in the Armed Forces. Military veterans who are disabled in the line of duty will continue to be eligible for Chapter 7.
The bill continues to safeguard our most valuable assets from creditors during bankruptcy: our homes, automobiles and household goods and retirement savings. The bill also takes into account a person’s expenses such as food, clothing, insurance, support of elderly parents, school tuition, and heating bills. In addition, the bill strengthens the law for families receiving child support payments. After administrative costs, child support and alimony are now given first priority.
We may respectfully disagree about this bill, but my vote was based on the sincere belief that abuses of our bankruptcy laws hurt all consumers and that this bill ended some of those abuses while protecting lower and middle income families.
The interests of consumers are my top priority. I have authored and worked to pass laws to stop identity theft, protect consumer privacy, protect corporate whistle blowers and stop unscrupulous lenders from swindling consumers through predatory lending practices. The recent change in law that allows consumers to receive a free copy of their credit report was due in part to my leadership.
Thanks for being involved. As always, I welcome your input.
Sincerely,
Debbie Stabenow
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