Democrats have wasted no time in creating a new bill to change bankruptcy rules with the aim of reducing home foreclosures. Under the proposal, judges could order lenders to forgive some mortgage debt.
The measure would change the law to give homeowners filing for bankruptcy the opportunity to restructure their loans so that they can save their homes from foreclosure.
"The economic turmoil we are experiencing is a direct result of the burst housing bubble," said House Judiciary Committee Chairman John Conyers, D-Mich., who co-sponsored the bill in the House. "Foreclosure is now expected to claim more than 8 million homes by 2012 -- 16% of all mortgages in America. To set our economy on the path to recovery, we need to strengthen our communities by taking steps to stabilize the home mortgage market. Giving homeowners the chance to restructure their loans will help more families avoid foreclosure."
Lawmakers who introduced the Bankruptcy Act of 2009 argue that the effect of the anticipated stimulus package will be greatly diminished unless foreclosures can be reduced. They say it would help break the continuing cycle of foreclosure that threatens neighborhoods and cities across the country.
Rep. Linda Sanchez, said that under the current bankruptcy law, judges can restructure debt on vacation homes, yachts and private jets, but not on primary homes. "There is no reason why average Americans should not have the same legal protection to save their family homes."
Rep. Jerrold Nadler, said that under current law, home mortgages are virtually the only debts that cannot be modified in bankruptcy. The proposal, would give homeowners the same advantages corporations have when trying to restructure their debt. Voluntary efforts to modify loans have not produced the desired results.
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