Supporters of bankruptcy reform that is now moving through Congress say it would do just that. But the truth is that most people who file for Chapter 7 bankruptcy, the kind that erases debt and lets the debtor start over again, are not frivolous, extravagant spenders.
Most didn't get in over their heads because they went out and bought a Porsche on credit; in fact, 90 percent of the 1.5 million people who filed for bankruptcy last year did it as a last resort after being hit by divorce or huge medical bills or after losing jobs.
The legislation would disqualify many middle-American families from filing for Chapter 7 and would force them to repay at least a portion of their debt over many years under the supervision of a court in a Chapter 13 filing.
Fortunately, fewer Utahns than those in some other states would be affected because those who make less than 125 percent of the state's median income are exempt from the "means test" required of wealthier residents to determine how much of their debt they can afford to pay, and Utah's median income is relatively low.
But that is part of the underlying problem that the bill does not address. Barely subsistance wages added to the high costs of health care and insurance and an insecure job market all contribute to the alarming number of bankruptcies in Utah and elsewhere.
Credit card companies also add to the problem of too much debt by enticing low-income people and those who don't understand credit to use credit cards and then get charged exhorbitant interest rates. This legislation could, by making it easier for those companies to collect debt, actually encourage their predatory practices.
The legislation also fails to close loopholes that let the wealthy protect millions in assets when they declare bankruptcy. Wealthy debtors can purchase houses in Florida or Texas or put millions into asset-protection trusts that cannot be touched after they file for bankruptcy. Five states, including Utah, allow banks to offer such protections.
''The short answer is fairness,'' Utah's Sen. Orrin Hatch said. ''Those who can pay their bills should pay their bills. That's the American way.''
We agree, and could support legislation that fairly required the rich as well as the less-affluent to pay their debts. This bill does not.


