Wife Beaters and Bankrupts
A quarter page advertisement in the New York Times shows a young man and woman laughing, (a boyfriend-girlfriend sort of moment), under the headline "GET THE WHOLE STORY ON HIM, BEFORE IT IS TOO LATE." The advertiser, Intelius, promises to check out two things about this potentially dangerous guy: 1) Bankruptcy, and 2) Domestic Violence Convictions.
At the same time, Katie Porter over at CreditSlips unearthed credit card giant Capital One's 10-K warning investors that future business might not be so rosy if "social factors" such as "the stigma of personal bankruptcy" decline.
So there it is: A huge credit card company says it may see spiraling losses if more people decide to abandon all moral conviction, and a background search company reminds America that guys who file bankruptcy and beat women are on par with each other--shoot, maybe they are the same guys.
Corporate America has a message: bankruptcy is about moral depravity. It isn't about medical debt and job loss, not about ex-spouses who die or who run off. And it certainly isn't about anything the lenders might have done--like high fee mortgages with introductory teaser rates or credit cards with interest rates that quadruple when a customer is late paying another creditor. Ignore the evidence to the contrary--we know a moral truth when we see one.
If you are in financial trouble, says Capitol One, you will pay unless you are morally depraved. And if you meet someone who has filed for bankruptcy, says Intelius, watch out!
Juxtapose those stories with the one Debb Thorne posted this morning also on Credit Slips. Dr. Thorne is Project Director for the Consumer Bankruptcy Project, which is in the field collecting data on families filing for bankruptcy. She tells yet another heart-breaking story about a widow who has done her best in coping with the economic fallout of getting old and sick. Despite the reasons for filing, the woman faithfully follows the same moral line as Bank One and Intelius, describing how deeply ashamed she feels about the decision to file for bankruptcy. Despite the reasons for filing, the woman faithfully follows the same line as Bank One and Intelius, describing how deeply ashamed she feels about the decision to file for bankruptcy.
Terry Sullivan, Jay Westbrook and I wrote a piece using filing data to analyze the hypothesis that the stigma of bankruptcy has declined over time. (The stigma hypothesis is inconsistent with the data.) But data don't matter in this arena. Once someone has the chance to lay blame elsewhere, the discussion is no longer about reality.

















Somebody better do a background check on Dave Ramsey, he filed bankruptcy back before he started Financial Peace University. You suppose he is secretly beating his wife? Thanks Capital One for the warning...
Jim Anderson
The Truth About Credit
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April 29, 2007 3:04 PM | Reply | Permalink
"When did you stop declaring bankruptcy?"
April 29, 2007 3:19 PM | Reply | Permalink
Seriously, though, considering that it is becoming more and more difficult to declare bankruptcy, the people who succeed must be considered to be real go-getters, not slackers. But I suppose it's easier to stigmatize a group, the more in the minority they are.
April 29, 2007 3:24 PM | Reply | Permalink
This is something that should be dealt with legally. Some one who files for bankruptcy is NOT a wife beater. Hell, we read every day about publically traded companies that file for bankrcupty and then emerge from bankrcupty and start selling stock again and nobody thinks that's a scandal.
Folks hiring for jobs that involve the handling of money often screen applicants for having filed personal bankruptcy. How is that fair? If they sreened for convictions of theft, that'd made sense. But going bankrupt does not mean you'll raid the cash register during the work day. It doesn't even make it more likely that you would.
Bankruptcy is a rough thing to go through, but it's not a crime. It just means a person didn't have enough money to meet their debt obligations. Lenders, presumably, take risk when they lend. The biggest risk is that the person they lend to won't be able to pay them back. The lender is compensated for that risk by charging interest. Not being able to pay is not a crime. It's a risk that the lender has forseen and charged a premuim to cover. It's just an anticipated and charged for part of a business deal.
We need to get back to the basics. If you lown a person money, you take on the risk that they won't pay it back. You charge interest to cover that risk. If they don't pay it back, you might be ticked off, but you are not a victim. You made the loan. Deal with the consequences.
Funny that when a loan is paid back, with interest, that nobody complains. That's just considered proper. And... it is proper. But a default, which is also proper, is some sort of tragedy or crime that defines a person's character?
thosethingswesay.blogspot.com
April 29, 2007 3:25 PM | Reply | Permalink
Oddly enough, my roommate is in bankruptcy right now and she gets 3-5 credit card offers a week. If being under bankrupcty protection is proof of some flaw of character that's akin to wife-beating, why in the hell are people soliciting her for new credit agreements?
thosethingswesay.blogspot.com
April 29, 2007 3:27 PM | Reply | Permalink
The Credit Card industry really likes it when people beat their wives and file for banktruptcy. The first may put the woman in the hospital and she misses work while the beater runs off with someone else. Soon, she'll need a credit card to help her "catch up."
Then, when he steals her credit cards and destroys her credit, she finally decides to get a divorce from him. He shows up with a gun and tells her all the people he'll kill if she doesn't sign the papers he has drawn up, so she signs. She's terrified. The papers allocate all of the credit card debt he ran up to her.
He doesn't pay her child support. She gets in deeper debt. She eventually files for bankruptcy.
Credit card company has run another successful ad campaign, even through its surrogates like Intelius.
By the way, Intelius published your name and your relatives for free for Google inquirers. You might think: oh, they use public records -- nothing I can do about that. Not so. You can fax them an Opt Out letter, but they ask for your personal info again to be sure its you. What else they do with that, I don't know.
Public records, in their publically recorded state, are not consolidated in one place by the government. Therefore, the act of compiling them in one central database is not a government act for public view. It is a private corporate act for its own profit. So I don't think Intelius should be able to call their records public records at all.
Finally, Credit Card companies do not really do any productive work for society except latch onto it like a parasite that vomits some cash into the system but then sucks it back into itself while leaving the host compromised.
I think they ought to be taken with the cigarette manufacturers with their nicotine death factories and imprisoned for treason against their own country. I mean, where would health care financing be today if these outfits would have quit making poison for people to suck on and lied to everyone about it so long ago? What beneficial self-investing dignity and qualities of life may have happened were strapped parents not paying so much interest? Or attorneys fees? Or getting ripped off by "easy credit" predators because the nazis at the cc companies have ruined their reputations falsely.
We ought to have a huge class action lawsuit for reputational destruction against these companies and put their financial outlook in the toilet.
April 29, 2007 4:00 PM | Reply | Permalink
Top-rated for wit.
April 29, 2007 5:41 PM | Reply | Permalink
destor23:
I bet if you look closely at the card offers, they charge somewhere close to $300 in fees in order to get a card that has a $300 credit limit. Then, when you say "I didn't agree to that," they then default you, charge you over the limit fees, late fees, jack the interest up to 30+% interest compounded daily on a two-month billing cycle.
Read those credit card offers closely.
Satellite Sky Blog
Find the Truth. Do Justice.
April 29, 2007 6:04 PM | Reply | Permalink
If you are in financial trouble, says Capitol One, you will pay unless you are morally depraved.
~~~~~~~~~~~~~~~~~~~~~~~~
Morally depraved huh?
It wasn't long ago I read an interview where one of Capital Ones Vice Presidents stated:
The newly bankrupt are itching to get their mitts on plastic, and will swallow high interest to get it.
Capital One certainly does try to get the newly bankrupt to put their card in their wallet.
I filed bankruptcy almost two years ago. Even before my case was dismissed my mailbox was flooded with credit card offers from Capital One. Capital One is itching to get thier mitts on my money, and it ain't gonna happen!
Capital One and all the other Goliaths Of Greed are morally deprayed as far as I am concerned!
April 29, 2007 6:58 PM | Reply | Permalink
Interesting...how about an annual one week open season on the executives of these bloodsucking companies.
Also I guess there is a class of people who consider a person who has had financial problems the equivalent of a spouse beater. How dare them present themselves as potential source of extra income. Are women who have a bankruptcy likely to be sexually unfaithful to get some extra income? IMO, that is almost as absurd.
Money is the sinews of love, as of war.
George Farquhar
April 29, 2007 7:27 PM | Reply | Permalink
I guess they don't realize that in the end they are discouraging entrepreneurs from starting new businesses by making it too costly to make a mistake. Most entrepreneurs fail a number of times before they find a successful business to build. If filing bankruptcy is morally depraved, then I guess we don't need entrepreneurs anymore, because they would be considered morally depraved for taking a risk and losing. Of course, if they win, they are heros. It has nothing to do with the morality of the borrower, and everything to do with the greed of banks.
Jim Anderson
The Truth About Credit
Facebook Profile
April 29, 2007 8:22 PM | Reply | Permalink
Re: Folks hiring for jobs that involve the handling of money often screen applicants for having filed personal bankruptcy.
It is actually illegal to refuse to hire someone or to terminate an employee with a bankruptcy on tehir record, though I'm not sure how well the law is enforced. Besides, someone who has gone through bankruptcy has gotten out of dent at least, and should probably be considered less a risk than someone who owes a pile of money.
April 30, 2007 6:16 AM | Reply | Permalink
Wow!
It had not occurred to me that Continental Airlines and Delta Airlines are immoral wife-beaters as well as corporations who couldn't pay their fuel bills. I'm glad the banks have shown me the association. Who knew?
Enron wouldn't surprise me, but Continental and Delta beating wives? How many more such dangerous corporations are there out there?
April 30, 2007 7:27 AM | Reply | Permalink
One more thought....
I did a search on "famous people who filed bankruptcy"
Many filed, from Mozart , Abe Lincoln ,
Walt Disney, and so many more.
All morally depraved ! Ha!
April 30, 2007 10:51 AM | Reply | Permalink
Maybe it's services that people are screening for. I know that lots of people won't hire a stock broker or accountant who has gone through a bankruptcy. I think that's short sighted, but it's true.
And I'm pretty sure that, legal or not, many companies will prefer a job candidate without a bankruptcy on their record to one with one, whether or not they state that as the reason for their decision. Again, though, you make a good point about it being a pretty dumb way to judge somebody's character.
thosethingswesay.blogspot.com
April 30, 2007 11:21 AM | Reply | Permalink
Delta beats me. But it's not Delta's fault. He tries to be a good company, and deep down he really is. He just gets so frustrated some times and I don't make things easier for him. I'm real hard to deal with. It's okay Delta, I'll take you back.
thosethingswesay.blogspot.com
April 30, 2007 11:22 AM | Reply | Permalink
Great post by Elizabeth Warren. Profound even.
It's a great way to examine how fear-mongering and boogey-men are used to club people into submission, to willingly sacrifice their own freedom.
The issue of privacy, and particularly data mining and personal data brokering, is going to become increasingly important over the coming years. Many of those horses are already out of the barn, hopefully people wake up before they all are.
Already the government, private companies, and the government employing private companies, are collecting vast amounts of data on people without their knowledge or consent. That data is then being traded and used inappropriately for identity theft, for political profiling by government agencies, for advertisers seeking to stealth market to consumers i.e. try to target them without their knowledge when intellectual defenses are down. In some cases classified data on private citizens has been leaked by the government into the private sector, and in other cases the private sector has been employed by government to collect data they're not allowed under law to collect.
It really is creepy stuff people are up to.
The sad thing is the credit card companies are only using such scare tactics because it's already been so successful in other areas.
April 30, 2007 4:06 PM | Reply | Permalink
First off, that link to the pdf of the study is bad. And I don't find any reference to it on Dr. Warren's HLS pages.
Second, an irony here is that Cap 1 became successful by using a formula for determining creditworthiness that ignored many of the parameters used by other banks. The nonstandard formula it used was very accurate in predicting customer value and at one time, anyway, they had a below-average default rate.
I believe that after the company went public, however, the formula was changed to make it more "conservative" and in line with standard industry practice. IOW, they're probably now swimming in the same toilet as all the other banking turds, as a direct result of emulating them.
Call it "poetic justice."
Thanks.
mp
If you have to ask what jazz is, you'll never know.
-- Louis Armstrong
April 30, 2007 5:18 PM | Reply | Permalink
So the question for me is:
How do we fight back against those who want
to label those who have filed bankruptcy?
Many Christain fundamentalist quote a Bible verse which says those who borrow and don't repay are "wicked" I think it is very unfair to quote that verse in a discussion about bankruptcy. From what I understand, there are
a small percentage of people who are cheaters.
Morally depraved is unfair, but the banking industry is powerful and unfortunately, many people will believe them.
Meanwhile, what can we who have filed bankruptcy do to make liars out of those who would label us ?
This is a note I posted on a bankruptcy group I belong to:
We can live within our means, or better yet, below our means.
Not take on any new debt.
Forget this BS that a CC will help us raise our credit score. Every card offered to someone after BK is loaded with tricks.
Stay in the same home or apt if possible and don't keep hopping from job to job.
Pay all of our essentials on time.
Save money, which is something I am still not good at, but I have not given up trying.
Having gone through BK for any reason or having a low credit score , we now need to prove that we are responsible, stable people.
We may have been responsible, stable people all along, but that is not how the world is seeing people who file BK or have low credit scores. It is going to take hard work, patience, and time.
Eventually, it will pay off.
Are you up for the challenge?
B
PS The only co I know of that doesn't check credit scores when buying insurance is USAA. But not everyone can be a member.
Any comments are welcome.
Thank you.
Bonnie
Baby Belle is my darling Chihuahua! :)
May 1, 2007 7:27 AM | Reply | Permalink
That is true in most cases. But, if the credit check can be proven to be directly related to meeting job requirements, then it can be used. If it isn't related to the job requirements, it is illegal. For example, Someone with a poor credit history or a high level of debt can be considered undesirable for a job that requires a high level security clearance, because they can easily be influenced to compromise secrets. Another example is working for a bank, especially if you are going to have access to other people's credit reports.
Jim Anderson
The Truth About Credit
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May 1, 2007 7:50 AM | Reply | Permalink
Take a look at Capital One's card agreement. You will find that you will have to travel to their local court to defend yourself at your expense. So if they sue you for the balance on your credit card, even if you dispute it, you will have to do it in a court that hears nothing but their collection cases. Their case volume is so high, they even have a dedicated judge, from what I've heard. Is it no wonder they have a low default rate? You are better off getting another credit card and paying off Capital One with a cash advance, so you can at least avoid the extremely high cost of litigation in a kangaroo court.
Jim Anderson
The Truth About Credit
Facebook Profile
May 1, 2007 8:01 AM | Reply | Permalink
That bible verse you mention is Psalm 37:21. "The wicked borrow and do not repay…" (NIV) This verse is talking about intent. If you have the money, you should repay your debt. Another verse Proverbs 3:27-28, says, “Don’t withhold repayment of your debts. Don’t say `some other time,’ if you can pay it now.” Which means it is better to live on cash. If you can't live on cash, it is an indication there is a problem. Borrowing money isn't going to solve it, especially on a credit card. So anyone who uses Psalm 37:21 to accuse those in bankruptcy as immoral are misquoting scripture, and pressuposing someone's intent.
Saving takes discipline, and is the way to force yourself to live below your means. The secret is to pay yourself first, and then use the rest to live on. If you can't seem to make that happen, you need to re-evaluate your standard of living. It is better to live in a cheap apartment and save, then to have a nice apartment and build up debt.
There are also a lot of scriptures on how lenders must forgive debt, but borrowing and then expecting the lender to forgive is bad intent. So when someone uses Psalm 37:21 to accuse you of being immoral, simply come back with Proverbs 3:27-28 and emphasize "if you can pay it." Also quote Exodus 22:25, "If you lend money to one of my people among you who is needy, do not be like a moneylender; charge him no interest." Also, Ezekiel 18:7-8, "He (if a man) does not oppress anyone, but returns what he took in pledge for a loan. He does not commit robbery but gives his food to the hungry and provides clothing for the naked. He does not lend at usury or take excessive interest. He withholds his hand from doing wrong and judges fairly between man and man." Also, the Bible says that lending is an act of charity, Matt 5:42
says, "Give to those who ask, and don't turn away from those who want to borrow."
Jim Anderson
The Truth About Credit
Facebook Profile
May 1, 2007 8:30 AM | Reply | Permalink
As a rule though (assuming the laws enforced at all) even the threat of litigation is sufficient to scare off businesses in such matters. This, and not any devotion to equal rights, is why so many firms have adopted stringent sexual harrassment guidelines and expansive affirmative action (while not calling it that) programs for the benefit of minorities. On the other hand hiring decisions based on forbidden criteria are easy to camouflage and companies can still get away with a lot of tokenism. Prejudicial firing decisions are much more dangerous to the firm (since wrongful termination lawsuits tend to be messier and sometimes end in adverse decisions) so firms do tend to tow the line when letting people go, even to the point of keeping people who should be fired if they are members of a protected category.
Security clearances for government work is a whole 'nother beast: as usual, the government exempts itself from its own laws.
May 1, 2007 9:35 AM | Reply | Permalink
"Intelius, promises to check out two things about this potentially dangerous guy: 1) Bankruptcy"
I'm amazed that nobody has pointed out that the premise of the first paragraph doesn't make any sense. Yes I would want to know about it, if my fiancee had filed bankruptcy and not told me. There are lots of other things I'd like to know before getting married.
Domestic violence conviction is not about stigma either. It is about a real danger.
There are lots of stories that Elizabeth Warren can tell about the stigmatization of bankruptcy (I am not sure I agree). This is not one of them It is a nonsensical example that just hurts her case.
May 1, 2007 9:45 AM | Reply | Permalink
Bankruptcy IS A CRIME in 99% of the cases because 99% of the time bankruptcy is caused by greed and irresponsibilty and people want a easy way out of their mistakes.
When you sign a contract you are putting your character and honor on the line. How would you feel if the bank wanted their loan back?
May 3, 2007 6:15 PM | Reply | Permalink
I assume then that you will also condemn all those corporations (and they are legion) who have declared bankruptcy? The amounts they have blown off are far, far greater than anything a private citizen has gotten out of. And while private citizens mostly just damage the already filthy rich (read: banks, the healthcare industry etc.) with their bankruptcies, corpoartions hurt their workers and their vendors, many of whom are struggling small businessmen.
Come on, let's hear the moral outrage!
May 3, 2007 7:02 PM | Reply | Permalink
On May 3, 2007 - 9:15pm kzzwxk said:
Bankruptcy IS A CRIME in 99% of the cases because 99% of the time bankruptcy is caused by greed and irresponsibilty and people want a easy way out of their mistakes.
~~~~~~~~~~~~~~~~~~~~
What a gifted person you must be to know that 99% of people who file for bankruptcy protection are committing a crime!
How in the world did you ever get hold of all their personal information?
I suggest you contact all the bankruptcy judges in the USA and inform them of your gift to know
what is going on in everones life. Maybe it will put a stop to bankruptcy !
Bonnie, from bankruptcytalk@yahoogroups.com
May 4, 2007 9:07 AM | Reply | Permalink
When I had to file bankruptcy after a guy ran me down with a car (as in, I was a pedestrian and he was looking at me right in the eyes when he came at me with his car), do you think I'm part of the 99% "criminal" cases you refer to?
In my experience as a bankruptcy attorney, cases like mine were the rule, not the exception.
Satellite Sky Blog
Find the Truth. Do Justice.
May 4, 2007 6:45 PM | Reply | Permalink
Kzzwxk,
First of all, it is not a crime to default on a contract. Second, empirical data shows that 50% of bankruptcies are due to unexpected medical issues. So your comment is transparent in its shallow, misinformed, and bias opinion.
I agree that everyone should pay their debts. However, this is supposed to be a free country, so borrowing in the first place is giving up freedom. It says in Proverbs 22:7 that the borrower is the lender's slave. If you pay close attention, you can see the indisputable truth of this statement on an individual and national, and international level.
One could never willingly sign a contract, and still find themselves in conditions where they have to file bankruptcy. Unfortunately, we are cornered into signing contracts to get any service these days. Admission to a hospital causes this, getting a bank account causes this, and the list is long. Most of us don't that the ability to understand the implications of what we sign, and don't even have time to read it. We just need the service. Would you refuse to sign the hospital admission agreement when your family member is in desperate need of a lifesaving procedure? No one would refuse to agree to an unfair agreement under the consequences of the death of a family member. You worry about the consequences later. That is a contract signed under pressure. It is also the reason there are so many medical bankruptcies. What is the solution? Let people die if they don't agree to waive their constitutional rights to due process?
Watch what you say. You might find yourself on the other side of the coin one day.
Jim Anderson
The Truth About Credit
Facebook Profile
May 8, 2007 10:52 AM | Reply | Permalink