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Copyright 2001 Chicago Sun-Times, Inc.  
Chicago Sun-Times

August 9, 2001 Thursday

SECTION: FINANCIAL; Pg. 58

LENGTH: 497 words

HEADLINE: Biden expected to back bankruptcy bill

SOURCE: Bloomberg News

BYLINE: Bob Gravely

DATELINE: WASHINGTON

HIGHLIGHT:
First USA, other credit card firms want tighter law

BODY:
Credit card industry lobbyists led by Bank One's First USA say they are confident that Sen. Joe Biden will deliver the tightening of U.S. bankruptcy laws they've been seeking for four years.

Biden, who represents Delaware, the home state of MBNA Corp., First USA Bank and other credit card companies, has become the swing vote among 13 senators who'll try to negotiate with House counterparts a final version of legislation to force more consumers to repay credit card and other unsecured debt.

"Biden is the linchpin," said Travis Plunkett, a lobbyist for the Consumer Federation of America, a group that opposes the bill as being too harsh on debtors. Industry lobbyists say they are counting on Biden, a Democrat, to vote with Republicans to keep the bill intact, and fend off Democrats' efforts to add consumer protections that the industry opposes.

"We're pretty optimistic it's going to pass pretty quickly," said Joe Rubin, who lobbies Congress on the issue for the U.S. Chamber of Commerce.

Negotiations with the House over the bankruptcy bill are set to begin next month. Supporters hope to have the bill to President Bush before the end of the year. The Senate passed the bankruptcy bill 83-15 in March, two weeks after the House passed its version of the measure on a 306-108 vote.

House and Senate negotiators trying to meld the two versions into a single bill must resolve two tricky issues. One issue involves capping the amount of home equity debtors could shield from creditors during bankruptcy; the other aims to prevent those convicted of committing violence at abortion clinics from using bankruptcy to escape financial liability and court costs.

The bill would force debtors with incomes above the state median and an ability to repay over five years either 25 percent of their debts or $10,000, whichever is less, to file for bankruptcy under Chapter 13 of the code instead of Chapter 7.

Roughly two-thirds of personal bankruptcy filings now occur under Chapter 7, which allows debtors to absolve debts after liquidating some assets. Supporters of the bill say some well-to-do debtors can abuse the current system.

Biden has said he'll work to maintain the main sections of the bill which the industry has been pushing since 1997, when personal bankruptcies were approaching a record high 1.3 million.

Lobbyists for the industry say that will make all the difference.

"Not having him there would have placed the future of the bill in this Congress in jeopardy," said Scott Talbott, a lobbyist who follows the issue for the Financial Services Roundtable, which supports the bill.

Under Chapter 13, bankruptcy courts impose a plan on debtors that requires them to repay most of their debts.

The National Retail Federation estimates the bill would affect 11 percent of all bankruptcy cases and force consumers to repay an additional $11 billion in debt annually that otherwise would be discharged.

Bloomberg News

LOAD-DATE: September 4, 2001




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