Bankruptcy laws won’t change credit flaws

  • By James McCusker / Columnist
  • Saturday, March 26, 2005 9:00pm
  • Business

In television land this is pilot season, a month-long period of frantic production, economically significant because “everybody works in pilot season.” At this point, the new shows have been pitched, those that have a chance at succeeding have been approved for pilot production, and casting is under way. It is a happy time for workers in an industry where employment is notoriously spotty.

Many of the television pilots will be sitcoms, and their scriptwriters will pay their own debt to Richard Sheridan, the immensely popular 18th century English playwright who could be called the “father of the modern situation comedy.” Several of his plays still attract audiences, but the most popular is probably “The School for Scandal” – a comedy of “quick, hide behind the sofa” concealments, overheard conversations, disguised characters, misdirected affections and triumph of young love that would fit comfortably into many of today’s sitcoms.

There is something comic in itself about today’s writers paying a debt to Sheridan, for he was famous for accumulating debts, not paying them. At one point, he simply refused to give any more money to his creditors because, as he said, “paying only encourages them.” Not surprisingly, given Sheridan’s attitude, he wrote in a part for a rich uncle to masquerade as a loan shark, called in those times a “usurer.”

But if our ideas about comedy haven’t changed all that much over the two centuries or so since “The School for Scandal,” our attitudes toward debt, interest, usury and bankruptcy have changed a lot.

They will probably change even more as the new bankruptcy law goes into effect. Passed by both the Senate and the House and awaiting President Bush’s signature, the new law will force many individual debtors to file for bankruptcy under Chapter 13 rather than Chapter 7. A Chapter 7 bankruptcy is essentially a court supervised liquidation of an individual’s assets to pay off his or her debts, while a Chapter 13 bankruptcy requires meetings with creditors and a plan to pay off the obligations.

It isn’t exactly clear what the purpose of the new bankruptcy law is. Possibly it is an effort to encourage people to use credit more wisely by making it more difficult to walk away from debts and start a new life. Possibly it is intended to discourage people from seeking bankruptcy at all.

The new law has its critics. Some believe that it is the product of years of intense lobbying, and campaign financing, by the credit card industry. Perhaps so, but it seems to banks and other lenders that debtors often have a Sheridan-like attitude toward the debts they have run up, and simply refuse to pay, taking refuge in bankruptcy if collection efforts become too annoying. And if you have ever worked on accounts receivable of any sort – commercial or personal – you could certainly understand why lenders feel the way they do. Collection processes are bound up in legal procedures that encourage lenders to “write off” all but the larger accounts that outweigh the costs of getting paid back.

Given this clash of attitudes about lending and borrowing, it isn’t surprising that most of the debate over bankruptcy reform in Congress over the last eight years has been centered on largely anecdotal and subjective images of people abusing credit vs. irresponsible and predatory credit card lenders.

From an economics perspective, though, the consumer credit issue is less a matter of attitudes than it is about mathematics.

Looking at an ordinary credit card statement (big name card from a big name bank), for example, reveals that the interest rate charged on the outstanding balance is 27.49 percent – a rate that might tempt a cardholder to see what the mob or the local unaffiliated loan shark would charge.

The reason the rate is so high is that credit card companies have been expanding their market to higher-risk customers. That is all well and good, but the effect has been a massive transfer of money from the productive, good credit sector, which pays its bills, to the less productive, poor credit sector, which doesn’t. The higher interest rates insulate the banks from financial risk in this transfer, but it is difficult to believe the result is good for the economy.

So the work of Congress on this issue is not done. The bankruptcy reform bill will not fundamentally change the structure of consumer credit nor will it slow down the counterproductive transfer of funds to subsidize higher-risk lending. It may, in fact, actually increase it. The next step for Congress is to examine whether a revival of usury laws limiting interest rates would rebalance thrift and credit in our economy – and improve our productivity and our lives at the same time.

James McCusker is a Bothell economist, educator and consultant. He also writes “Business 101,” which appears monthly in The Snohomish County Business Journal.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Business

Senator Marko Liias speaks at the ground breaking of the Swift Orange Line on Tuesday, April 19, 2022 in Lynnwood, Washington. (Olivia Vanni / The Herald)
The Transportation Committee Chairman says new jobs could be created fixing roads and bridges

Senator Marko Liias, D-Edmonds, wants to use Washington’s $15 billion of transportation funding to spur construction jobs

Lynnwood Police Officers AJ Burke and Maryam McDonald with the Community Health and Safety Section Outreach team and City of Lynnwood’s Business Development Program Manager Simreet Dhaliwal Gill walk to different businesses in Alderwood Plaza on Wednesday, June 25, 2025 in Lynnwood, Washington. (Olivia Vanni / The Herald)
Lynnwood advocate helps small businesses grow

As Business Development Program Manager for the city of Lynnwood, Dhaliwal Gill is an ally of local business owners.

Kelsey Olson, the owner of the Rustic Cork Wine Bar, is introduced by Port of Everett Executive Director Lisa Lefebar on Dec. 2, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Rustic Cork Wine Bar opens its doors at the Port of Everett

It’s the first of five new restaurants opening on the waterfront, which is becoming a hotspot for diners.

Wide Shoes owner Dominic Ahn outside of his store along 205th Street on Nov. 20, 2025 in Edmonds, Washington. (Olivia Vanni / The Herald)
Edmonds shoe store specializes in wide feet

Only 10% of the population have wide feet. Dominic Ahn is here to help them.

Penny Clark, owner of Travel Time of Everett Inc., at her home office on Nov. 21, 2025 in Arlington, Washington. (Olivia Vanni / The Herald)
Arlington-based travel agency has been in business for 36 years

In the age of instant Internet travel booking, Penny Clark runs a thriving business from her home office in suburban Arlington.

Sound Sports Performance & Training owner Frederick Brooks inside his current location on Oct. 30, 2025 in Lynnwood, Washington. (Olivia Vanni / The Herald)
Lynnwood gym moves to the ground floor of Triton Court

Expansion doubles the space of Sound Sports and Training as owner Frederick Brooks looks to train more trainers.

The Verdant Health Commission holds a meeting on Oct. 22, 2025 in Lynnwood, Washington. (Olivia Vanni / The Herald)
Verdant Health Commission to increase funding

Community Health organizations and food banks are funded by Swedish hospital rent.

The entrance to EvergreenHealth Monroe on Monday, April 1, 2019 in Monroe, Wash. (Andy Bronson / The Herald)
EvergreenHealth Monroe buys medical office building

The purchase is the first part of a hospital expansion.

The new T&T Supermarket set to open in November on Oct. 20, 2025 in Lynnwood, Washington. (Olivia Vanni / The Herald)
TT Supermarket sets Nov. 13 opening date in Lynnwood

The new store will be only the second in the U.S. for the Canadian-based supermarket and Asian grocery.

Judi Ramsey, owner of Artisans, inside her business on Sept. 22, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Artisans PNW allows public to buy works of 100 artists

Combo coffee, art gallery, bookshop aims to build business in Everett.

The Port of Everett’s new Director of Seaport Operations Tim Ryker on Oct. 14, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Port of Everett names new chief of seaport operations

Tim Ryker replaced longtime Chief Operating Officer Carl Wollebek, who retired.

Lily Lamoureux stacks Weebly Funko toys in preparation for Funko Friday at Funko Field in Everett on July 12, 2019.  Kevin Clark / The Herald)
Everett-based Funko: ‘Serious doubt’ it can continue without new owner or funding

The company made the statements during required filings to the SEC. Even so, its new CEO outlined his plan for a turnaround.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.