Mr. Speaker, I am submitting for the Record the following remarks from Mr. Arkadi Kuhlmann, CEO of ING DIRECT, in opposition to the bankruptcy reform legislation under consideration. I remain a strong supporter of S. 256; however, I…
Mr. Speaker, I am submitting for the Record the following remarks from Mr. Arkadi Kuhlmann, CEO of ING DIRECT, in opposition to the bankruptcy reform legislation under consideration. I remain a strong supporter of S. 256; however, I believe Mr. Kuhlmann's statement should be made part of the record.
Statement of Arkadi Kuhlmann, CEO, ING DIRECT
Mr. Speaker, I am Arkadi Kuhlmann, CEO of ING DIRECT, a
federally chartered thrift headquartered in Wilmington,
Delaware. ING DIRECT launched in the U.S. in September 2000
to challenge traditional banking by touting the high
interest, no fee and no minimum Orange Savings Account as its
signature product, with a brand vision to lead Americans back
to saving.
ING DIRECT has since expanded its product line to include
the Orange Mortgage, the Orange Home Equity Line of Credit,
Orange CDs and the Orange Investment Account. With over 2.5
million customers and more than $43 billion in assets, ING
DIRECT is the fourth largest thrift in the U.S.
The House is now considering consumer bankruptcy
legislation that would make major changes to how consumers'
debts and obligations are treated in the bankruptcy process.
Thank you for this opportunity to submit testimony for the
record on this legislation.
Despite the many important and positive changes this bill
would make to our bankruptcy laws, this proposal remains
seriously flawed. One significant oversight is the bill's
failure to consider one of the biggest problems we face in
business today: identity theft.
The Washington Post ran a story recently about a woman
whose identity was stolen, yet her credit card company forced
the fraudster's debt on her by using the arbitration clause
in her card agreement.
The Bankruptcy Bill must address the possibility that
identity theft could lead to financial devastation through no
fault of the person's own. In addition to overlooking the
problem of identity theft, this proposal had additional
shortcomings. It actually encourages further bad lending
decisions by removing an important market discipline--the
possibility of a clean bankruptcy.
Without important changes, millions of consumers, who might
otherwise be savers, will be encouraged into debt by
aggressive credit card and other lending. We believe it is
crucial that a serious study of the connection between credit
card marketing and personal bankruptcy be completed. The bill
as drafted requires such a study. We challenge the Congress
to take a very hard look at the results of the study and
consider further legislation, if necessary.
Another important issue is the Bill's creation of a ``means
test.'' By giving disparate treatment to secured versus
unsecured debt, the law would treat secured creditors even
more favorably than under current rules. We believe the means
test should be applied across the board or not at all.
We at ING DIRECT believe this country is still willing to
give working Americans--the engine of our economy--a second
chance when debt overwhelms them. This bill seriously limits
that second chance.
Thank you for the opportunity to present our views.
Mr. Speaker, I rise today in strong support of S. 256, the ``Bankruptcy Abuse and Consumer Prevention Act of 2005.''
It has been seven years since we made our first attempt to reform the bankruptcy system in the 105th Congress and thanks to the tireless efforts of Chairman Sensenbrenner's Committee, we can see a real chance for passing a full and comprehensive bill this year.
Mr. Speaker, we have seen a sharp increase in bankruptcies over the past 25 years. In 2003, consumer filings peaked at over 1.6 million filings--a 465 percent increase from 1980. Those who believe credit card companies, mortgage lenders and other financial institutions are bearing the costs of consumer's filing for bankruptcy don't understand how business works. American families are paying the price for this debt--some studies reflect $400 per year in every household--by higher interest rates on their credit cards, auto loans, school loans and mortgages. When the legislation before us passes today it will be the American families that are the real winners.
This legislation balances the consumer's challenge of debt repayment with the needs of businesses to collect money rightfully owed to them. In an effort to better educate consumers and improve financial literacy, the legislation requires many filers of bankruptcy to attend financial counseling. This change, coupled with Congressional encouragement for schools to incorporate personal finance curricula in elementary and secondary education programs, are both useful methods of curbing future debt. As Chairman of the Education Reform Subcommittee, which has jurisdiction over all K-12 programs, I feel strongly that educating future spenders can prevent debts incurred as adults.
I also support the new requirement for lending institutions, which will now have to take additional steps to ensure consumers fully understand the ramifications of credit spending. Credit card billing statements will now reflect the actual time it would take to repay a full balance at a specified interest rate; contain warnings to alert consumers that paying only the minimum will increase the amount of interest; and list a toll-free number for consumer's to call for an estimate of the time it would take to repay the balance if only the minimum is paid. With these steps, lending institutions can improve their chances of repayment while pro-actively educating consumers of true costs associated with borrowing.
I believe the ``Bankruptcy Abuse and Consumer Protection Act'' reflects fair solutions to minimizing spending abuse, while protecting those with genuine hardship. Relief is still available for low and moderate income families. However, this legislation will end the protection for those who make obvious attempts to abuse their credit. Those who are able to pay their debts--will now be held to those commitments--through means testing. A means test would be used to determine a debtor's eligibility for Chapter 7 bankruptcy relief, where the majority of debt is excused, or Chapter 13, where a significant portion of debt
must be repaid. Importantly, disabled veterans would be exempt from the means test if their debts occurred primarily as a result of being called to active duty or for homeland defense operations.
Lastly, Mr. Speaker, this legislation also includes four additional judges for Delaware's bankruptcy court. This increase is long overdue, as the bankruptcy caseloads in Delaware continue to exceed other districts' caseloads for Chapter 11 businesses cases. Last year alone, weighted filings for Delaware judges were 11,789, while the national average was 1,763--in other words, the Delaware caseload was 10 times the national average. The Delaware District tends to have the largest Chapter 11 business cases, often referred to as the ``mega'' Chapter 11 cases which are ``those involving extremely large assets, unusual public interest, a high level of creditor involvement, complex debt, a significant amount of related litigation, or a combination of such factors.'' These are complex cases in which the judicial system in Delaware has built a high level of expertise as well as a sound reputation for fair practices. I am pleased the legislation before us today takes a solid step towards alleviating Delaware's heavily burdened bankruptcy court system.
Again, Mr. Speaker, I want to thank Chairman Sensenbrenner for his years of strong and tenacious support for this legislation and thank him for not giving up on these important, common-sense changes to our bankruptcy system. I urge my colleagues to support this bipartisan legislation.