Bankruptcy: Another hurdle
for victims
Many Katrina victims seeking legal
shelter from creditors may miss October 17 filing deadline.
September 1, 2005: 6:55 PM EDT
NEW YORK
(Reuters) - Hurricane Katrina is expected to cause a spurt
of bankruptcy filings by storm victims -- and sweeping changes
in U.S. bankruptcy laws may leave them even more strapped
than they otherwise might be.
The Bankruptcy Abuse Prevention and Consumer
Protection Act, which takes effect Oct. 17, includes a slew
of rules and restrictions intended to curb abuse. These are
expected to make it harder for individuals to file to keep
creditors away, and more difficult for businesses to reorganize.
But the law wasn't directed at people who file
because of catastrophes such as Katrina, in which people lost
homes, businesses and perhaps months of regular paychecks.
Katrina has caused widespread devastation in Louisiana and
Mississippi and left New Orleans, population 462,269, virtually
uninhabitable.
"People who are seriously affected by this
hurricane are not going to be able to file bankruptcy by October
17," said Henry Sommer, co-editor of "Collier on
Bankruptcy," a leading reference work. "They have
more pressing things in their lives, like survival."
Michigan's John Conyers, the ranking Democrat
on the House of Representatives' Judiciary Committee, and
three other House members pledged to soon introduce legislation
to provide flexibility for victims of natural disasters in
bankruptcy.
Conyers' aides said legislation may be introduced
next week, but aides to House Republicans said the law doesn't
need amending because it only cracks down on abuse. Aides
to Sen. Russ Feingold, a Wisconsin Democrat, said he might
try to postpone the Oct. 17 implementation date.
Courts closed
For now, New Orleans' federal bankruptcy court is closed indefinitely,
and referring emergency filers to the bankruptcy court in
Baton Rouge, which is Louisiana's state capital. Courthouses
in Alexandria, Lake Charles, Monroe, Opelousas and Shreveport
are also taking emergency filings.
But there may be a reprieve soon.
A spokesman for the Administrative Office of
the U.S. Courts said officials there are asking Congress to
let federal district and bankruptcy courts in New Orleans
move temporarily, perhaps to Baton Rouge or Shreveport.
Bill Gates, deputy in charge of the Alexandria
office, said there is a "very good likelihood" that
by late next week a satellite bankruptcy court office will
open in Baton Rouge.
"Once they get that opened, they'll essentially
be running as close to normal as possible," said Gates.
Courthouses also remain closed in Jackson, Mississippi
and Mobile, Alabama.
Lenders take steps
Under the new bankruptcy law, individuals who file will face
extra paperwork and costs, and many will be subject to a "means
test" that will force them to pay off at least some debts.
Businesses will face new time limits that could force them
to make key business decisions before they're ready.
Some lenders are trying to accommodate Katrina
victims already. Ford Motor Co.'s (Research) finance arm on
Thursday said it will let customers defer three loan payments,
up from the two it offered on Tuesday. And banks such as Wachovia
Corp. (Research) are relaxing some fees and providing loan
assistance.
"Banks have a lot of experience dealing
with debtors in difficulty because of natural disasters,"
said Wayne Abernathy, an executive policy director at the
American Bankers Association. "The first focus will be
on making sure people can meet their immediate financial needs."
Still, Lynn LoPucki, a bankruptcy law
professor at the University of California at Los Angeles,
said it's hard for debtors to get individualized attention
in an event of Katrina's magnitude. "There are simply
too many," he said
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