Very few people filing bankruptcy are well-to-do individuals trying to cheat the system
and stiff their creditors. According to a 1999 study by federal
bankruptcy judges, the average person filing for
bankruptcy earns just $22,000 per year.
Most have suffered a significant period of unemployment before
filing.
According to a
report by Consumers Union, publisher of the
well-respected Consumer Reports magazine, 85% of elderly debtors cite
medical or job problems as the reason for bankruptcy. Consumers
Union also says that single moms trying to make ends meet make
up a large portion of bankruptcy filers.
Half of all bankruptcies are triggered by sudden uninsured
medical expenses, according to
a
recent Harvard study by Professor Elizabeth Warren.
You are not alone.
Even Honest Abe filed bankruptcy. Click here for more.
Attorney
Profile
William A. Morris is a
seasoned litigator with more than 20 years trial experience
in general civil, commercial, business, and bankruptcy
matters. He has been practicing law since 1991 and is
admitted to practice in Colorado, Oklahoma, and Texas. He
holds a B.A. from the University of Colorado at Denver and a
law degree from Oklahoma City University where he served as
a staff editor of the Law Review.
Dalton Camp proclaimed several years ago that “having lost its
value, money may no longer be the root of all evil; credit having
taken its place.” This statement demonstrates the paradox of
modern day Christianity and debt—should the Christian reaction be
one of condemnation or one of compassion. Since many recent
respected studies have shown that the average American family is
only three weeks away from personal bankruptcy, and since Congress
is on the verge of passing legislation that will deny bankruptcy
relief to hundreds of thousands of American families, it is time to
revisit what the Bible teaches us about debt.
The Bible makes
it clear that people are generally expected to pay their debts.
Leviticus 25:39. No one in support of or in opposition to the
Bankruptcy Reform Bill presently before Congress has advanced any
argument against this general proposition. However, this
moral and legal obligation to pay just debts must be balanced by
such considerations as the need for compassion and the call to
cancel debts at periodic intervals. The Biblical basis for
such considerations is based on the sabbatical and Jubilee years.
The secular basis arises out of the Constitutional of Congress to
enact uniform laws allowing businesses and consumers to cancel and
to restructure debt obligations. This Biblical support for the
legal right to cancel debt is enforced by the even stronger Biblical
doctrine that prohibited interest of any amount rather than just
usury or excessive interest.
Within the areas of economic
justice and stability, the Old Testament is replete with examples of
compassionate treatment of the poor, and with preservation of the
family unit. These goals were superior to the material concerns of
repayment of debt. For instance, Deuteronomy 15:7-10 is
particularly forceful. It provides as follows: “If there
is a poor man among your brothers . . . do not be hardhearted or
tightfisted toward your poor brother. Rather be open-handed and
freely lend him whatever he needs. Be careful not to harbor
this wicked thought: ‘The seventh year, the year for canceling
debts, is near,’ so that you show ill toward your needy brother and
give him nothing. He may then appeal to the LORD against you,
and you will be found guilty of sin. Give generously to him
and do so without a grudging heart; then because of this the LORD
your God will bless you in all your work and in everything you put
your hands to.”
The cancellation of debt in the Old Testament
was accomplished at legislated intervals. Deuteronomy 15:1-2
clearly provides for such legislative release with the following
language: “At the end of every seven years you shall grant a
release. And this is the manner of the release: every creditor
shall release what he has lent to his neighbor, his brother, because
the Lord’s release has been proclaimed”. Under this Biblical
model, the debtors’ payment or non-payment of debts was not in
question. The debtors may or may not have been culpable for
their debts. It was a strict model with no “means test” or
detailed analysis of every debt.
And, while Old Testament
lenders were admonished to be merciful, debts were canceled every
seven years whether they liked it or not. The Old Testament
model can therefore be legitimately applied to modern day bankruptcy
laws. The principle, therefore, is that while taken seriously,
debt can be canceled to achieve some higher purpose—such as the
preservation of the family unit. It also should be noted that
Deuteronomy 15:12-13 provides that slaves should be freed every
seven years creating an interesting analogy between the
creditor-debtor and the master-servant relationship.
The
Biblical use of the term usury corresponds to our modern word
interest rather than to the notion of “excessive interest” to which
we generally apply the term usury today. Only a small number of us
would seriously question the morality of profiting from a loan at
normal interest rates. However, the Talmud quotes an ancient
rabbi as saying: “It is better to sell your daughter into
slavery than to borrow money on interest.” The Lord only knows what
this same rabbi would say today if confronted with credit cards
bearing interest rates of 34.99% and higher and with some "pay day"
lenders demanding annual rates in excess of 800%.
The
Biblical doctrine of usury rests primarily on three texts:
Exodus 22:25; Leviticus 25:35; and Deuteronomy 23:19-20.
Exodus and Leviticus prohibit loans of money or food with interest
to a needy brother or sister or even a resident alien.
Deuteronomy forbids taking interest from any person. Other
Books of the Bible underline the importance of this prohibition on
interest. For example, Psalm 15:5 characterizes a righteous
man as one who, among other things, “lends his money without usury.”
Both Ezekiel 22:12 and Nehemiah 5:0-11 condemn lending money with
interest, especially to the poor.
And Ezekiel 18:13
list the taking of interest among sins worthy of death. The rule is
founded upon the compassionate treatment of various oppressed
groups: the resident alien; the widow; the orphans; and the
poor. Exodus 22:25-27 states the law in explicit terms:
“If you lend to one of my people among you who is needy, do not be
like the money lender; charge him no interest. If you take
your neighbor’s cloak as a pledge, return it to him by sunset,
because his cloak is the only covering he has for his body.
What else will he sleep on? When he cries out to me, I will hear,
for I am companionate.” Leviticus 25:35-37 provides that “If one of
your countrymen becomes poor and is unable to support himself among
you, help him as you would an alien or a temporary resident, so that
he can continue to live among you. Do not take interest of any
kind from him, but fear your God, so that your countryman may
continue to live among you. You must not lend him money at
interest or sell him food at profit.” Finally, Deuteronomy
23:19-20 provides: “Do not charge your brother interest,
whether on money or food or anything else that may earn interest.”
Jesus clearly had these Biblical principles in mind when he
admonished the “money changers” and removed them from God’s house,
the sacred Temple. In John 2:14 Jesus “poured out
the changers of money and overthrew the tables”. Jesus, in
fact, was always true to the principles underlying usury and debt
forgiveness and the notion of the importance of placing love and
compassion above greed and wealth. In Luke 6:34-35 Jesus said:
“And if you lend to those from whom you hope to receive, what credit
is that to you? Even sinners lend to sinners, to receive as much
again. But love your enemies and, do good, and lend, expecting
nothing in return, and your reward will be great, and you will be
sons of the Most High; for he is kind to the ungrateful and the
selfish.” The followers of Jesus were to be concerned with the
welfare of others, even when met with hatred and abuse.
The
consistent teaching of both the Old and New Testaments is that
compassion, mercy and justice are to override purely economic
concerns, such as loans. Christians are to be gracious to all,
even debtors. Jesus said that God does cause the rain to fall
on the just and the unjust and in Mark 10:25 he said that “[i]t is
easier for a camel to go through the eye of a needle, than for a
rich man to enter in to the kingdom of God”.
And in Luke 16:9 he said: “I tell you, use worldly wealth to
gain friends for yourselves, so that when it is gone, you will be
welcomed into eternal dwellings.”, and to “forgive and ye shall be
forgiven” Luke 6:37.
The compassion of the scriptures,
including the setting aside of legitimate rights of lenders, was
typical of economic relationships in the economy of early
Judeo-Christian societies. The central theme is one of
stability—a stable society with a guarantee of economic security to
each family. Wealth was viewed as a blessing from God
(Deuteronomy 8:11-18, 28). This blessing resulted from
obedience and was based on God’s compassion. The tithing for
the poor, the gleaning laws, the year of the Jubilee, were all
tangible ways that Israelites could show compassion for each other
and honor God by following His law. Beyond income-maintenance
programs, the Biblical Law provided a permanent mechanism—such as
the Sabbatical year and Jubilee—to ensure that temporary misfortune
barred no family from full participation in economic life.
The current Bankruptcy Bill before Congress lacks any compassion for
the poor, makes no redress to the modern day money changers who
shamelessly peddle plastic at rates that would draw the Holy wrath
of God himself, provides no relief but only additional misery to the
families saddled with thousands of dollars in medical bills, and
most importantly severely undermines the economic and social
stability of the average American family. These Americans are like
the farmers of the Old Testament who proclaimed to King Nehemiah “We
have had to borrow money to pay the king’s tax on our fields and
vineyards. Although we are of the same flesh and blood as our
countrymen and though our sons are as good as theirs, yet we have to
subject our sons and daughters to slavery. Some of our daughters
have already been enslaved, but we are powerless, because our fields
and our vineyards belong to others”. Nehemiah 5:3-5. Nehemiah
responded to his people and ordered to “let the extracting of usury
stop! Give back to them immediately their fields, vineyards, olive
groves, and houses and also the usury you are charging them…”.
Nehemiah 5:11.
It is time for our elected Representatives
in Washington to follow the example of the Holy
Scriptures and to respond in kind by not passing the current
Bankruptcy Bill and by not taking away power from the powerless and
eliminating relief for the suffering. If anyone finds any
encouragement from being united with Christ, if one feels blessed
and gains comfort from his love, if one finds fellowship in his
spirit, and feels the tenderness and compassion of his teachings,
then you should stand up and express your strongest possible
objection to the Bankruptcy Bill pending before the Congress of
these United States. Do nothing and
the teachings of the Bible will be ignored and forgotten.
Speak out, as Jesus would have done and would do again today, and
vote No to this mean-spirited piece of legislation.