March 14, 2005

Joe Biden's Bankrupt Vote

When researching the Democrat Senators that voted for the Bankruptcy bill, I found that the Senators from Delaware were the top recipients of campaign cash from the Finance/Credit Card industries. And I found that neither of them had any press releases explaining their votes for this bill.

Today, Senator Joe Biden finally gave a reason for the vote he took as he responded to the charge that Jonathan Chait had made in his column, When Democrats Join the Dark Side. (via Dkos' dday) Biden's letter to the editor castigates Chait for not realizing that this was a well-balanced bipartisan bill.

In his zeal to attack the bankruptcy reform bill, Jonathan Chait's March 4 commentary, "When Democrats Join the Dark Side," mischaracterizes the legislation. In 2001, a similar bill passed the Senate 82 to 16. The provisions affecting consumer bankruptcy were identical to those Chait criticizes.

At the outset, I refused to support bankruptcy reform until fundamental changes were made. I fought to establish a "safe harbor" for those below their state's median income. I also insisted on a provision requiring lenders to post a clear warning about the dangers of making minimum monthly payments, one of the worst debt traps for consumers.

This bill establishes unprecedented protections for child support and alimony, making bankruptcy part of the enforcement system for women and children, who now will be at the head of the line, in front of every other creditor. Is this bill perfect? No. But over several congresses it has earned the kind of bipartisan consensus only balanced legislation can achieve.

Oh, gee, isn't that nice? The bill is a peach of a bill with all kinds of protections for consumers who find themselves in trouble. All those little gems stuffed in this bill like the fact that credit card companies can charge rates that would make the mafia loan sharks look like pikers. Some Democrats found that little credit card company giveaway a bit hard to swallow.

According to David Broder writing about this terrible bill, it was the Delaware Senators who balked at any amendments that would have stopped some of the worst abuse companies use when filing bankruptcy.

Even more instructive was what happened when a staunch conservative, Republican Sen. John Cornyn of Texas, tried to put a little balance into the bill.

As attorney general of Texas, Cornyn said the notorious Enron bankruptcy case "opened my eyes to a very real abuse in the current bankruptcy system," the loophole that allows corporations to go "judge-shopping" for jurisdictions with permissive standards. Enron, which had 7,500 employees in Houston, filed for bankruptcy in New York, where it had 57 workers, because New York, along with Delaware, is known as being lenient on big business.

Congress recently passed a law restricting plaintiffs in class-action suits from judge-shopping in the state courts, and Cornyn argued that it should also require corporate bankruptcy cases to be filed in their principal place of business. Citing cases of Polaroid, K-Mart, WorldCom and Enron, he said the judge-shopping loophole "serves to unfairly enable corporate debtors to evade their financial commitments, (and) it badly disables consumers, creditors, workers, pensioners, shareholders and small businesses from pursuing and receiving reasonable compensation from bankruptcy proceedings."

No one rose to dispute Cornyn. So what happened? He withdrew the amendment, without a vote, "out of respect to the managers of this bill who say that amendments to this bill would endanger its ultimate passage."

A Cornyn spokesman told me the bill sponsors said his amendment would cost them the support of the two Democratic senators from Delaware that favorite haven for big business.

So when Joe Biden comes around asking for your support for his presidential run in 2008, let him know that you'd be happy to support him as much as he's supported us. In other words, go jump in a lake, Joe.

Posted by Mary at March 14, 2005 12:13 AM | Economy | TrackBack(1) | Technorati links |

I have to admit that I could never figure out what was so special about Biden that people wanted him to run for president.

Posted by: Al-Muhajabah at March 14, 2005 02:59 AM

and... about that vote for Condi ???

What do they have on you , Joe?

Posted by: snow-moon at March 14, 2005 12:32 PM

Joe needs to find a new job.

Posted by: grannyinsanity at March 14, 2005 02:15 PM


Nobody but Joe wanted him to run for President.

Posted by: The Lodger at March 16, 2005 03:45 PM

Get used to the new Dems (with J. Biden and Hillary leading the pack) old Dems. Sorry, but it is the only way. The wall fell, communism failed and Clinton ushered in a new era of Dems adopting conservative economic policy and finding a way to merge it with liberal social policy- and never the twain shall meet; oh, except, when they do meet, economics wins.

Posted by: Michael K at March 17, 2005 10:48 AM

Look, as I see the political reality, its a "monkey roll" !
The repubican machine is comin' down a moutain like a freight train and anyone who tries to block that momentum isnt likely to prevail, so what do you do?
As in the "monkey roll", grab the overwhelming opponent by the lapels , put your feet in their chest and close your eyes if you want, but it sure is fun watching the bottoms of the bottom's feet go by if you dont, because you'll get an idea whether the measure you took is effective, so that you will be able to prepostion yourself as you get to your feet for the next move before your political opponent gets off the floor .
Which is to say that you first must engage because you have no other political choice, otherwise there is no debate.
Second use your political leverage andwieght to off set, if not increase the political inertia and third, capitalize your prerogatives sending the issue sailing under its own force, in flight, or against a brick wall!
Biden has done what he can to see to it that there are prerogatives that are in the measure that are reasonable goals to attain and if the issue is a failure it will be the freight train engineer's liablity and not the monkey's!

Posted by: stewart resmer at March 24, 2005 06:51 AM