Bankruptcy bill compromise
Thursday, Dec. 13
Posted 8 a.m. EST
House lawmakers reach compromise on a mortgage bankruptcy bill
A bipartisan compromise
has been reached in the U.S. House of Representatives on a plan that would allow
bankruptcy judges to modify home mortgages in a Chapter 13 repayment plan bankruptcy.
An earlier version of this bill was criticized by some Republicans and the
banking industry because they thought the measure would be too costly for homeowners.
However, Democratic sponsors of the bill along with other lawmakers made some
significant changes to the measure and won support from Rep. Steve Chabot of
Ohio, a former Republican opponent of the bill, whose state has one of the highest
foreclosure rates in the nation. On Wednesday, the House Judiciary Committee
approved the Emergency Home Ownership and Mortgage Equity Protection Act of
2007, or H.R. 3609.
The agreement allows for bankruptcy judges to determine whether the debtor
has enough income to afford the mortgage payment and if the loan should be changed.
However, the judges would only be allowed to modify the terms of subprime and
nontraditional mortgage products that are in foreclosure or at least 60 days
overdue, and they would only be able to change terms on loans originated between
2000 and the date the act becomes law. The law includes a sunset provision which
would cause it to expire after seven years.
The Financial Services Roundtable, a trade association of consumer credit and
finance companies, still doesn't like the idea, reports
the Associated Press, because homeowners and future homebuyers would have their
interest rates hiked.
The Wall
Street Journal has learned the full House of Representatives is not expected
to vote on the bill until next year.
Meanwhile, lawmakers on the other side of the chamber are trying to reach a
compromise on a similar plan.
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Beating Bankruptcy is a blog on bankruptcy and debt written by Brigitte Yuille. -- Posted: Dec. 13, 2007 |