New York (CNN/Money) -
Individuals hoping to knock out their debts by filing for bankruptcy protection got a temporary reprieve Monday when voting on a bill that would make it harder to file was waylayed on Capitol Hill.
The legislative bill - which is caught up in a political fight over an abortion provision - creates a litmus test that grants the right to bankruptcy protection only to those who meet income requirements.
But the legislation also includes a provision that would make it impossible for anti-abortion protestors to file for bankruptcy to avoid paying legal and court costs. Anti-abortion lobbyists oppose the bill for that reason and are fighting to block it. Voting on the bill was delayed Monday until September, possibly longer.
As it happens, many consumer groups also dislike the bill, which is heavily backed by the credit card industry and is supported by both Republicans and Democrats in Congress. President Bush has said he would sign it into law.
Debt counselors and other experts have criticized the bill, saying it creates more questions than answers. They predicted the legislation would make it more complicated and expensive for individuals to seek debt relief or file for bankruptcy.
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Specifically, the bill contains an income-based litmus test that would deny bankruptcy protection to anyone whose income is sufficient to pay 25 percent of his or her debts in five years or to those who earn tech equivalent of their state median income.
It also requires individuals who want to file for Ch. 7 to obtain debt counseling. But it is unclear what sort of financial education will be required. It is also unclear who will be forced to pay for this counseling. (For more about debt counseling fees and services, click here.)
And finally, it would make it more difficult for individuals to seek so called "homestead" protection, which is available in some states that allow debtors to file for bankruptcy yet keep their homes. Florida, Texas, Iowa, South Dakota and Kansas permit individuals to keep homes of unlimited value even as they go belly up.
(Under those rules, former Enron CEO Ken Lay, whose wife, Linda, suggested last winter that the couple may have to file for bankruptcy, would have been able to shelter his $7.1 million penthouse in Houston, Texas.)
With the new law, individuals would have to live in their home for 40 months to qualify for homestead protections under their respective state laws. Even then, however, those who do not meet that requirement may still be able to shelter their primary residence from creditors, depending on the value of their property and state laws.
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Some experts predict that, if the bill is ever signed into law, few debtors -- as little as 2 percent to 3 percent -- who seek protection will be forced to pay their creditors since they can still petition bankruptcy courts for exemptions, said Hank Hilderbrand, chairman of the legislative and legal affairs committee of the National Association of Chapter 13 Trustees.
"The games people will play in this bill are profound," he said. "People who have smart lawyers will get out [of paying their debts] easily. People who can't afford a lawyer will be hurt because they won't know all the tricks."
One big winner under the bill is the auto industry. The bill keeps intact a provision that gives greater priority to the auto industry to collect their debts ahead of other creditors, said Hilderbrand.
The bankruptcy bill, however, won't take affect until six months after it's signed into law. Individuals who don't want to leave their fate up to the court, or who fear they would be denied Ch. 7 protection under the new law, are expected to rush to file for bankruptcy.
"It's going to be huge. You'll see a massive amount of advertising from bankruptcy mills. Beat the deadline, etc.," said Howard Dvorkin, vice president of the Association of Independent Consumer Credit Counseling Agencies.
In the meantime, those who want to get out of debt may do well to act now, before counselors are overwhelmed -- and prices go up. To see if you're a candidate for debt counseling, or if you're getting in over your head, see our Debt overload: 5 red flags.
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