If anything, the new bankrutpcy laws should apply to credit that was induced or obtained after the new effective date. Any credit agreement that was entered into before that date should fall under the previous law's framework. As several on here have said, irrespective of the individual agreement between the creditor and the debtor, the debt was assumed under a set of laws that spelled out the risks and consequences of credit, as well as the avenues of relief. Altering those rules after the fact is unfair to the debtor. Just as altering the rules so that debtors could just say "shazam" and have all debts wiped away, regardless of ability to pay, would be unfair after the fact to the creditor.
Nonetheless, the whole thing is quite laughable. First of all, the creditor has already worked out the scenario concerning risk of default - it is contained within the interest rate. It is the reason that you can get a mortgage for 5.5%, but pay 10-20-30% interest on your credit cards. The lender knows that there will be a certain percentage of unsecured debt that will end up being written off, and compensates by charging those debtors a higher interest rate. I have 3 credit cards that I use on an occasional basis to keep them from going dormant - Amex, Visa, and MC. The highest interest rate is 8%, and the lowest is 3%. Why? Because the bank knows I am not a credit risk to default. Friends of mine have cards where they pay 25% interest. They are high-risk. So the bank collects their due "up front" from these people, knowing that they may end up tossing some of that debt. In any other system, credit card lending would be known as "loan sharking". What other system can the lender simply decide to jack the interest rate by 10% because they feel like it? Only those run by guys named "Vinnie".
The credit issuing companies have been having a field day for years. For starters, they all ran to Delaware in order to charge anything under the sun for interest, because many states had laws on the books that prevented this kind of loan-sharking. If I borrow $500 to buy a TV set at 10%, and make reasonable, on-time payments, why should the lender get to jack my rate to 20% because they feel like it? And this happens even to good customers. I have had it happen to me more than once. Of course, I get the last laugh when I get my notice, call up and cancel the card and leave those jackoffs begging for the business for a lower rate than I first had

.
Still, in a sadistic way I'm kind of glad for the new laws, because it is going to screw the economy royally. The fact of the matter is if people cannot get credit today, they are not going to be buying anything. Lock a bunch of people on 5-year payoff plans, or max them out on their credit cards without bankruptcy, and see how many Wallyworld widgets they'll be hauling out to suburbanland. Everyone will end up screwed. I was in Best Buy yesterday and they're advertising 18 months, no interest. Why? Because they can't move that crap without it. Wait till John Doe is paying out every last cent to Citibank on his 5-year plan, and see how many flat-screens Best Buy moves. So what the hell, we'll all go down together...
I agree that there are people who purposely milk the system. There is no system on earth that can't be worked in some way. What it boils down to is if you believe that most people are good but just got in trouble, or that most people are dirtbags that need to be pounded for getting in trouble. The median household income (the new bankruptcy threshold) in my state (Tennessee) is about $37,000. So that's John Doe making $10 an hour, and his wife Jane making $7.75 an hour. I know a whole lot of John and Jane Doe's around here that look like this scenario, because they have to look like it since there's no $18 job for John so that Jane can stay home. Now pump in daycare, maybe, or 50 bucks a week out of John's take-home to cover dependant health care, and there ain't a whole lot to go around. One good car breakdown and the Does are screwed. However, we'll not let them clear out and try again, with the understanding that they have to make good for at least 7 years. No, what we'll do is put them on the 5-year plan, so that the next time the car breaks down, they'll just have to wait for Citibank to haul their ass into court to garnish their wages.
Sounds like a pretty fair system to me....oh, and before SpeCop calls me a bleeding heart liberal, I'll mention that I usually vote in the GOP primaries around here, though I try to go for the best worthless candidate in November.
After fueling up their cars, Twyman says they bowed their heads and asked God for cheaper gas.There was no immediate answer, but he says other motorists joined in and the service station owner didn't run them off.