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Negotiators Agree on Bill to Rewrite Bankruptcy Laws

July 26, 2002
By PHILIP SHENON






WASHINGTON, July 25 - Congressional negotiators announced
today that they had reached agreement on a bill that would
rewrite the bankruptcy laws, making it much harder for
people to escape their debts when they declare bankruptcy.

The agreement, a victory for credit card companies and
other lenders, came late today after members of a
conference committee reached a compromise on the language
of an abortion-rights provision that had threatened to
scuttle the overall bill. The compromise will restrict the
ability of anti-abortion protesters to use the bankruptcy
laws to shield themselves from paying court fines resulting
from protests at abortion clinics.

The overall bankruptcy bill, which passed both houses of
Congress by overwhelming margins more than a year ago,
appears destined for final approval in the House and
Senate, and the White House has suggested that President
Bush will sign it. The House could vote on the measure as
early as Friday, the day it is scheduled to begin a
monthlong summer recess. Conference committee members were
under pressure to reach an agreement before the break.

"We have worked hard for a year to make this a better and
more balanced bill, and we have succeeded," said Senator
Patrick J. Leahy, the Vermont Democrat who is chairman of
the Senate Judiciary Committee and who led the conference
committee. "I look forward to working on a bipartisan basis
to get it passed."

The bill approved by the conference committee would end the
ability of millions of Americans to use the bankruptcy
system to wipe out credit card bills and other loans that
are not secured by homes or other assets. Many of those
debts would instead have to be paid back over time.

Credit card companies and other lenders have contended that
they are being unfairly penalized as a result of the
growing rate of bankruptcy filings. There were 1.45 million
filings last year, a record, up 19 percent from 2000.

The timing of a final agreement was intriguing, given that
it is a clear victory for the interests of corporate
America over consumers at a moment when large corporations
are otherwise under siege on Capitol Hill because of recent
scandals, many of them involving accounting abuses.

The bill, which has been vigorously opposed by
consumer-rights groups, had long been the top legislative
priority of credit card companies and some banks, which
insist that many debtors abuse the bankruptcy laws to
escape debts they should be able to pay. The companies
sharply stepped up campaign contributions to members of
Congress in recent years as they promoted the legislation.

Among the biggest beneficiaries would be the MBNA
Corporation of Delaware, which describes itself as the
world's biggest independent credit card company. Ranked by
employee donations, MBNA was the largest corporate
contributor to President Bush's 2000 campaign.

The company has also recently acknowledged that it gave a
$447,000 debt-consolidation loan on what critics viewed as
highly favorable terms to a crucial House supporter of the
bill only four days before he signed on as a lead sponsor
of the legislation in 1998. Both MBNA and the lawmaker,
Representative James P. Moran Jr., Democrat of Virginia,
have denied that there was anything improper about the
loan.

Senator Charles E. Grassley, an Iowa Republican who began
work on the legislation in 1998, said that today's
agreement would "close loopholes exploited by big spenders
who have the ability to repay their debts and better
protect consumers who have been left to pay higher prices
for goods and services as a result."

A leading opponent of the bill, Senator Paul Wellstone,
Democrat of Minnesota, said through a spokeswoman that the
bill was "dastardly for consumers, especially in these
economic times," and that he would fight it. "It should be
embarrassing for people to vote for this."

The Senate and the House passed versions of the bankruptcy
bill in March 2001, but the the conference committee was
stalled for months over the abortion provision.

The provision had been sought by abortion-rights
supporters, led by Senator Charles E. Schumer, a New York
Democrat. They had cited cases in recent years in which
anti-abortion advocates had filed for bankruptcy to avoid
paying court fines and judgments owed as a result of
illegal clinic protests.

But anti-abortion advocates in Congress, led by
Representative Henry J. Hyde, an Illinois Republican, had
argued that the provision could restrict the free-speech
rights of anti-abortion protesters.

The final wording of the compromise provision was not
immediately made public tonight, but Senator Schumer said
in an interview that it "contains language that says that
those who use violence or blockades to close or harass
clinics are not protected by bankruptcy for their
liabilities." He described the result as "a victory for
women."

http://www.nytimes.com/2002/07/26/business/26BANK.html?ex=1028737884&ei=1&en=d18a3e80fdc18b6b



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