Every
weekday, in a small room on the sixth floor of the Wyndham San Diego Hotel
at Emerald Plaza, dozens of people come to close the book on their personal
bankruptcies. Today eight debtors have shown up in suite 630 well before
their 8:00 a.m. appointment to file for either Chapter 7 or Chapter 13
with an attorney present and in front of a United States trustee. The
sit apart from one another in rubber-upholstered chairs and stare at notices
on the wall. One notice tells them to read the pink form and fill out
the white form; both forms are prominently displayed in plastic racks.
Most cast their eyes over the notice but don't seem to read it. They look
lost or anxious, thumbing wrinkled manila envelopes brimming with paperwork.
A few finger the purses or wallets that once bulged with too many credit
cards. Awaiting attorneys, most of them are wondering what a debt-free
tomorrow will look like.
There's an African-American man with a thousand-yard stare. There's an
older woman who every ten seconds shakes like a nervous poodle. Another
woman is massaging arthritic hands; she's wearing a black pullover with
red spangled lettering: JUST BE HAPPY I'M NOT YOUR KID. There's a young
woman with sleekly thin eyeglasses and cakey makeup who suddenly awakens.
She asks a man nearby for his pen. The white form. Fill out the white
form. The room begins to buzz: fill out the white form. An elderly couple
in blue jeans and T-shirts ask to use the ballpoint pen next. Here is
a day-of-reckoning unity: almost everyone has forgotten to bring a pen.
A woman sporting a bubbled hairdo (did she sleep in a chair?) enters at
7:50 and says to no one in particular, "You mean, there's no receptionist?"
Even this final gauntlet must be faced alone -- until the attorney arrives,
which he presently does. A very expensive suit, a stiff white collar:
the knot of his tie arcs like a water fountain over a gold pin. The attorney
calls names and discovers that he's representing seven of the nine cases.
His clients cluster around him. "Sally McCormick?" She responds
and he jokes, "This is too easy."
The pall of indifference hanging over this room suggests that long-term
debt has in fact been exhausting. But the 341(a) hearing promises an end
to debt. A simple end, too, with debtor, attorney, and trustee huddling
together in a brief public proceeding. The proceeding is as perfunctory
as it is unwatched: no one is here because they care that a debt is being
erased. Though the 341(a) hearing is called "Meeting the Creditors,"
the creditors rarely show up; there are rarely any assets to go after.
While Chapter 13 bankruptcies reorganize debts for people with assets
they wish to protect, Chapter 7 bankruptcies -- which account for 99 percent
of personal bankruptcies -- are "no assets" cases. These debtors
have no home to foreclose (they rent); no fully owned car to sell (they'll
be dissolved of what's due on their car loans but face future payments);
no camera or dishwasher to give up (under the state's "wild card
exemption," debtors can keep $18,350 worth of their possessions).
They have nothing to let go of but unsecured debt on up to 15 credit cards,
whether it's $10,000, $45,000, or $115,000.
These people will soon know a tranquility they've been missing for years;
free from yellow past-due notices, free from collection agencies hounding
them by phone. After today, the flag of zero-percent interest will fly.
But tomorrow -- literally -- Capital One and Providian, MBNA and Avanta
will begin sending applications for credit cards with $300 limits and
29.99 percent interest rates. Bankruptcy law in America has been designed
to give people a fresh start; one of its consequences, though, is that
the debtor is soon bound up in cycles of consumption once again. Which
may well be the credit industry's intent.
At 8:00, the door to the hearing room swings open and the United States
Trustee appears. The trustee, who is an officer of the Justice Department,
calls in the nine debtors, who rise and enter accompanied by their attorneys.
How had these people found themselves here? How innocently or unremarkably
had their spiraling descent into debt begun? For most of them -- and for
the 1.6 million people in the United States who file for personal bankruptcy
every year -- it began with a medical emergency, a lost job, a divorce.
It began with a belief that money would always be available -- received,
earned, or borrowed -- and that it would buy anything. The irony is it
does buy anything, even freedom from debt.
* * *
Willie's
bankruptcy woes began with those credit-card come-ons that arrive by mail.
"My credit was good," he says. "I got one, two, paid them
off; one, two, paid them off." Things were fine for a while -- "My
girlfriend was working, I was working." Willie knew that his girlfriend
suffered from diabetes when they moved in together, but he didn't realize
she had unpaid medical bills. He suggested she apply for credit cards
just as he had, but she was repeatedly turned down: bad credit. To help
defray her costs, Willie got more credit cards himself and added her name
to the account. (The names of those who shared their stories for this
article have been changed, as have the names of relatives, friends, and
workplaces.)
Debt began accumulating, and then Willie's girlfriend lost her job. "It
set us back because I couldn't pay [both] what she owed and what I owed.
We had it figured out, and we didn't have it figured out. A job is not
always guaranteed to be there." Her worsening diabetes prevented
his girlfriend from seeking new work. Payments for medications and doctor
visits mounted. I hazard a guess that his girlfriend had no health insurance.
"There it is there," he confirms. All at once, the debt in Willie's
name mushroomed to $30,000.
"I wanted in my heart to pay what I could, but I couldn't see no
way out. When you can't see no way out, and when they start hunting you
-- dropping lawsuits on you and this and that. But I didn't let it get
that far."
He signed up with Debt Free, one of many loan-consolidation programs that,
for a fee, bundled his debt and collected one monthly sum. Willie had
15 cards. Why so many? They were living off the cash advances, and each
card had a limit of $500. He assumed that cash would be "cheaper
to pay off" when in fact cash advances are assessed at a higher interest
rate than purchases. That was a first lesson.
"If you got it to give it, then that's fine," he says, "but
if you don't, you can't just go and steal it. You know what I mean?"
Every month, he says, the "money wasn't increasing, it was decreasing."
Willie had no assets: no home, no car. His furniture was bought at Goodwill
-- "if you want to call that an asset."
"You're living day to day," I said.
"There it is there."
What Willie feared the most was that his creditors would begin "garnishing
my checks." Without rent money, "I'd have no place to live and
I'd be back out on the street. Once you start going [in] that direction,
what does your life become? A nightmare." Willie had been homeless
years before. "It's not a good feeling. It's hard; you don't get
the respect. You're out there, every man for himself."
The month before he filed for bankruptcy late last year, Willie saved
enough money to make all 15 minimum payments. He says it was the least
he could do. Those people needed their money, or at least the small portion
of it that he could pay.
The worst part of bankruptcy, he says, is having to abandon his dreams.
"I wanted to one day, if things got better and I went to buy a house,
use those credentials [of good credit]. That's the only part that got
to me. I want to be that A student. Now it's, like, they pull my file
up and -- oops, bankruptcy. I don't feel like I did a bad thing. I feel
like I didn't expect the worst."
The problems with debt led inexorably to Willie and his girlfriend splitting
up. I asked whether she tried to help him pay any of the debt or whether
she had saddled him with it.
"There it is there," he says, meaning the latter. "She
hates that it happened. Now she says, 'I didn't mean to.' I couldn't [do
any] spousal abuse for that fault there. Things happen. The best thing
for me to do was to try and figure what I needed to do [for myself] without
any hard feelings. The bottom line is I'm the one who's going to take
the total loss."
After he paid the lawyer, Willie "went straight home and took the
scissors" to his cards. "It wasn't like I was losing anything;
I was already losing something just by having them. It was a relief."
Willie now says people should have a credit card or two, but they should
be careful not to exceed the limit "in case something happens in
the long run. You get a lot of cards, it's just like handing you cash.
You have visions, but you don't have the vision to see what's going to
happen later on down the road."
Willie's family had no monetary problems while he was growing up. "My
mom was the money manager. She owned two houses. My dad was out working.
My mom did all the budgeting. She had a bachelor's degree; she was bright.
Coming up, we had a foundation. I had some good parents. Back then, it
was all about pinching and saving -- saving for rainy days. We didn't
get everything we wanted. It wasn't about going to the ATM machine; it's
all about plastic now." Today, he says, if anyone were to make a
big purchase with a stack of bills, "They'd be looking at you real
hard."
Now 46, Willie works for a nonprofit demolition company called the Alpha
Project running a crew that tears down houses or staffs lines during fires.
He's been doing it steadily for ten years. He makes nine dollars an hour
and has never had a raise.
* * *
The
nine debtors and three attorneys seat themselves before the trustee. Overseeing
the day's 341(a) hearings, he sits at a desk with a laptop computer and
sheaves of paper. Behind him are two large signs, one in English and one
in Spanish, warning people that the FBI investigates all bankruptcy crimes.
He calls the first case. He asks for a picture ID and a Social Security
card. Then he administers the oath to the debtor: under penalty of perjury,
you must tell the truth. First up is Dave, a tile setter from Poway with
a goatee and an unwashed dark green T-shirt. He looks to be in his late
20s. A cell phone, snap latched in a leather holster, rides on his belt.
Dave states his name and address. The trustee asks: Have you reported
all of your income? Have you read your bankruptcy papers? Do you understand
what you've read? Have you received any new income since you filed? Dave's
answers are sincerely deferential: "Yes, sir. Yes, sir. No, sir."
How much is your monthly income? $1372. Rent? $700. Food? $250. Car? $330.
The trustee accepts the assertions. It's a public airing, though the only
public here is commiserating debtors.
Are there any creditors here on behalf of this case? The room is silent.
The trustee announces the final relinquishing, ringing the bell of societal
forgiveness: "Your debt is discharged," he says. "Sally
McCormick?"
* * *
Elaine
grew up near Fallbrook on an avocado ranch where her father supervised
farmworkers. Her parents had not gone to college and knew little about
personal finance. Though they could not afford to pay their rent, the
family somehow made it from one day to the next. When Elaine's younger
sister was born, the family borrowed money to buy a condominium; their
monthly payment was steep. That's when "things went downhill."
Both parents were working full time, but they had no savings and no idea
how to manage their bills. Their situation worsened as they accumulated
debt with department stores such as Target and Mervyn's. Within a few
years, her parents filed for bankruptcy.
Now 27, Elaine says she had a similar attitude toward money. "When
I was 16," she says, "I started managing a Jack in the Box;
[I was] a shift leader, opening and closing the store. I was taking home
two, two fifty a week. At that age, I didn't save; I was spending it [all].
Because I had it. I didn't have rent. I had tons of clothes. I was into
the club scene as a teenager." At age 18 came a boyfriend and the
birth of a daughter. Suddenly "it was constant work to pay the rent,
work to pay the bills. It was never I've got extra cash in my pocket."
Elaine got a student credit card from Wells Fargo when she signed up for
college classes. Her limit was $750. She used the card for books and tuition.
After she and her boyfriend were married in 1996, he lost his job. They
lived on cash advances drawn from the Wells Fargo card, then on a Montgomery
Ward card, and finally on unemployment benefits after Elaine herself was
laid off. In 1997, they rented a one-bedroom apartment in Vista. One day
her husband lost his wallet, and with it a money order for the rent. The
next thing they knew the landlord was serving them papers for rent past
due, followed quickly by an eviction notice. This led to a series of court
battles, in which the judgment against them totaled $2500.
Two years later they were living in a two-bedroom apartment when her husband
lost another job. "We just never got caught up from there,"
she recalls. They fell $2100 behind on rent, and once again, a landlord
took them to court for the money. Elaine and her husband hired a lawyer,
who suggested a settlement, but the landlord refused to accept anything
less than the full amount owed. Elaine's husband fought on in court, which
meant more costs. The total for this judgment was $4000. The bulk of both
judgments, Elaine says, were attorney's fees. They couldn't pay either
sum.
The first apartment was in Elaine's name; the second in their married
names. They moved to a third apartment, which cost $900 per month. Then
they bought two cars, $500 a month for both cars plus $120 for insurance.
Car loans were surprisingly easy to get. Elaine still had one credit card,
the Wells Fargo card, which was maxed out. She also had Macy's and JCPenney
cards. All the cards were in her name. Though her husband, seven years
her senior, had once filed for bankruptcy at the age of 19, it never occurred
to them to file.
They steadily fell behind on everything but their rent. The pressure of
it all caused them to separate. "From there it just went down."
Elaine moved back in with her parents and worked to pay off her bills.
She received no help from her husband, who was himself being chased by
a lien holder who was trying to repossess his car. To help him, Elaine
took on his car payment. She was responsible for two car payments -- a
Mirage and an Eclipse -- for about eight months. Everything she earned
went to managing her debt, and she couldn't keep up. The Wells Fargo debt
doubled with over-the-limit fees. "It was all fees."
Elaine was making $11 an hour working the graveyard shift at a wireless
company, with no help from her ex, "who got away scot-free."
She paid the debt down bit by bit, but then her daughter incurred sudden
and unforeseen medical costs and "it went right back up."
For six years, Elaine paid all the bills for herself and her daughter
with no help from her ex-husband. She says now that she should have fought
for more during their divorce. "It's one of my problems. Sometimes
you close the door emotionally, but I wasn't ready to go through the whole
court process. I needed a fresh start. I've always had to fix everything,
pay [for] everything. I go to school full time, I work full time."
But she couldn't move out from her parents' home because as soon as a
prospective landlord ran a credit check, he'd turn her down.
Next came a lousy experience with Freedom Debt Relief, another credit
counseling service. The company signed a contract with Elaine to consolidate
her loans into one monthly payment of $300. She was surprised when her
creditors kept hounding her; she told them to call her consolidator. Freedom
Debt Relief said they'd take care of it. She paid $1800 over the course
of six months, which she now understands went to the company for up-front
administrative costs. Virtually none of it went to pay her debt. "It
made everything worse."
As a consequence, her monthly credit-card bills jumped even higher. Elaine
got a Providian card with a $2000 limit. "I maxed that out"
right away, she says, mostly to pay for a degree program in accounting
at the University of Phoenix, a program that requires regular contractual
payments. (She also took out a student loan to defray the costs.) For
the next year and a half, she worked two jobs: she delivered newspapers
from two to six in the morning, after which she got her daughter ready
for school before going to her regular job as a telecom employee. Now
earning an extra $1000 a month and facing her last car payment for her
Mirage, she decided to upgrade: she bought a used 1998 Ford Explorer for
$16,000 -- $500 down and $400 a month for seven years. She says it was
necessary for her paper route. "I tell my dad, 'Had I not gotten
the Explorer and just kept my car,' " which would have been paid
off, " 'I probably wouldn't have had to file bankruptcy.' "
So Elaine sought to wipe out the $27,000 she owed. She paid $200 for the
filing fee and $500 for the lawyer, and the bankruptcy trustee discharged
her debt: creditors were forbidden to contact her, and they had to swallow
what she owed them. For the next year, Elaine paid cash or wrote checks;
those things that credit cards ensure (air travel, car loan, concert tickets)
were much harder for her to get. Today, she is taking a finance class
and learning the ins and outs of credit. "The people who always pay
their credit bill each month and bring it back to a zero balance are the
ones that never get asked to increase their limit and are always offered
more credit cards. It's always the people who have a higher debt ratio
who get more credit. Just like me," she says. "But not anymore."
* * *
The statistics on credit-card use, debt owed, and bankruptcy filings are
staggering. According to the New York Times and a recent PBS Frontline
episode called "The Secret History of the Credit Card," 144
million people in America use credit cards. Some 59 million pay off their
monthly balance on time: they are referred to in the newspeak of creditors
as "deadbeats." Some 85 million people are "revolvers"
-- charging, running a balance, and paying off some portion of it; their
month-to-month debt averages $8000. Payments on that debt make up 92 percent
of a family's disposable income. Revolving debt, reports the Federal Reserve,
totals $802 billion, off of which the consumer lending industry makes
$2.5 billion per month. Of the revolvers, some 34 million pay only the
minimum payment, about 2 percent of the balance. Their average debt is
$18,700, which equates to a $375-per-month minimum payment.
This may not sound onerous, but consider that the credit-card companies
also find ways to impose additional fees and change interest rates for
a creditor's unsecured debt. First is the annual fee, which ranges from
$25 to $85. Second, if you're late with a payment, the penalty is another
$25; one company charges $39. Third, if you exceed your limit on the card
-- usually a generous $5000 -- another $25 fee is assessed. Fourth, there
can be fees for phone payments ($15) and cash advances.
Consumer lenders such as Discover Financial Services, which issues the
Discover card, are becoming ever more devious in their attempts to control
interest rates. The New York Times reported that in carefully reworded
contracts disclosed to Discover cardholders last April, the company declared
it has the right to raise interest rates on credit cards whenever it determines
the borrower has "become a risk." One or more late payments
could be considered actionable risk. Running a balance too close to your
credit limit could be a risk. Making a late payment or missing a payment
with some other creditor, such as a department store or an auto dealer,
could be a risk. Credit infractions appear automatically on one's credit
report and alter one's FICO score, the up-to-date barometer of a person's
likelihood to "make good on his or her debts." Because of these
newly identified risks on the borrower's credit report, Discover and other
issuers have in some cases raised the cardholder's interest rate from
0 percent to 19.99 percent overnight. In one instance, a man who was carrying
a $50,000 balance on his card, mostly from medical costs, watched his
5.25 percent interest rate quadruple to 20.21 percent over a three-month
period. His minimum monthly payment rose from $209 to $808. Virtually
no other creditor -- bank, merchant, car dealer, school loan program --
can change the rate of interest during the length of the loan.
While credit-card issuers establish a minimum monthly payment, they don't
really want you to pay much more than the minimum, thereby ensuring that
the next month's balance will increase. However, if you were to keep making
minimum payments, the issuers would then penalize you by charging you
more fees and higher interest rates because you've been paying the minimum.
The more you owe, the higher your fees will go, since you're the one on
whom the lender can make the most profit. You have to pay ever more for
your profitability to the lender.
Bankruptcy filings in the last decade have doubled partly as a result
of such usurious tactics. They rise roughly 6 percent each year, a trend
that has seldom slowed since the early 1990s. In 2004, according to the
Administrative Office of the U.S. Courts, nearly 1.6 million debtors filed,
down slightly from 2003. Some researchers say that figure should be 32
percent higher (roughly 2.1 million) to account for the fact that 44 percent
of bankruptcies are the joint filings of married couples.
* * *
As a boy, Charles was taught to "pull his own weight" -- debt
was viewed as a "terrible shame." His family had a home mortgage
and used credit cards "very judiciously." His parents saved
for a new washer, and he recalls a better local economy when he was growing
up in San Diego. "My parents both worked at missile factories, and
they had reasonable wages. You could live on such a job [back then]."
They lived well but also day-to-day and were unable to amass any real
retirement savings. Their investments were a home and college education
for their kids.
Nobody in the family ever talked about money, budgeting, or investing;
nor were such subjects part of a broader public conversation at the time.
Instead, Charles says, he learned that work meant money. In his 20s he
was making a good wage at a union job, $30,000 a year. He was doing well
when he got married. "I thought about building equity" by getting
credit or buying a house, as his parents had. Credit came, in his 20s,
as overdraft protection on his checking account, which he dipped into.
"I carried a small debt in my 30s," but never more than a few
thousand dollars. He and his wife had a child, but they separated soon
thereafter, in 1989. And they battled for custody in court. Which became,
he says with an understated sigh, "a protracted affair."
The custody dispute raged for nine years. "[The] actual wrangling
in court never ended," he says. His ex "had means," and
"every time she'd take me to court, I would have to respond in kind.
When your kid's safety is at stake, nothing else takes priority. You pay
whatever you have to [in order] to get stuff to happen. You pay the doctors,
the psychologists, the lawyers who are involved in this custody case.
I built up a substantial debt," well over $10,000. He soon realized
that his monthly minimums were consumed by interest and late fees. Nevertheless,
Charles still charged his legal fees to his card.
As his debt became "unbelievably huge, it became abstract."
The divorce court proceedings had made him "disillusioned and heartbroken."
He was so involved in "fighting the war" with his ex that he
"didn't even look at the debt. I needed a new TV or whatever. I just
got it." To make a happy home for his daughter, he'd buy her a new
bicycle or the latest video game. Or something for himself. "What
difference does it make whether it's a $20,000 debt or $21,500? Toward
the end it got crazy. I turned around one day and I had almost $67,000
in credit-card debt and tens of thousands of dollars in attorney's fees."
(Some of the debtors I spoke with cleverly denied themselves full access
to their growing credit-card bills. They would cut open the envelope,
inch the bill out, place a thumb over the balance due, read only the minimum
payment, then write the check for that amount and mail it.)
Then came the moment of truth. "My payments on my charge cards were
more than my income. When that happens -- talk about up against the wall."
Though his divorce lawyer didn't come after him, Charles's attorney must
have known that bankruptcy was a fait accompli once he started missing
payments. Charles delayed seeking financial advice by working all the
time. "When my daughter was very young, I worked nights in a grocery
store. I would work all night and get off in the morning and take care
of my daughter all day. Sleep when I could. On the weekends, I would do
odd jobs -- just too busy to think about anything past tomorrow."
In the three months before he finally called a lawyer and declared bankruptcy
in 1998, Charles agonized over the decision. A woman he knew at Bank of
America had helped him get loans to fight his ex for custody of their
daughter. "When I went bankrupt, I felt terrible" for her. He
believes she must have suffered some "ramification," because
he had welshed on the debt. He says he saw the pain coming, but "I
was in denial." The shame was too much even to feel.
Charles says at his hearing he was a wreck because of "the stigma"
of bankruptcy. "I'd been writing letters to people, telling them
I couldn't pay them. I felt so bad about it. People were losing their
money...I had let these people down." He felt bad for "the bank
manager that I dealt with, who was so kind to me for so many years. Other
people, like my attorneys who worked so hard for me. One of them I ended
up stiffing out of $3000. I felt terrible about that."
It has been six years, Charles says, since he has really talked about
it. His voice cracks several times during our interview. He stops talking,
and when he starts again, the soft restraint of his voice is the sound
of a man struggling not to cry.
For a year he lived on a cash basis. He couldn't rent videos. He couldn't
buy airline, movie, or concert tickets. He couldn't cash a check. He felt
like the proverbial second-class citizen. "It's an acknowledgment
of your worth [to] society." Now he understands that "credit
cards represent credibility," and that, if anything, has led to a
kind of wisdom. A self-described "amateur cultural anthropologist,"
Charles points to "countries without bankruptcy laws where there
are huge squalid debtor slums. Even debtor prisons. The economies stagnate.
Whereas with bankruptcy laws, I've gotten a fresh start. I'm back working.
I've got a new relationship going. I'm thinking of getting established
again so I can buy a house and purchase a car."
Today, Charles has four charge cards, whose balances he keeps low. "No
debt to speak of." He believes the stigma attached to debt is disappearing
-- at least on the civic level: he points to the federal deficit and Enron's
bankruptcy as examples. "Look at what they get away with." Deficit
spending by governments and the debt that is carried by high-flying corporations
boggle his mind. He mentions K-Mart. That company never "felt bad"
about emerging from bankruptcy and buying Sears, so "why should I
feel bad about debt." Many Americans agree with Vice President Dick
Cheney, who said that "Ronald Reagan proved deficits don't matter."
We have, Charles says, "a government that's spending like a drunken
sailor and cutting taxes. Who's going to pay for that? I was raised to
believe that debt and bankruptcy was a shame. Nowadays, it's a valuable
tool to embezzlers and thieves." He laments the fact that commercial
television tells the young that they have to have fancy clothes and lots
of possessions to be considered a success. Whatever it takes to get those
things, he says, "even if it involves bankruptcy," is something
"kids believe in." That, he says, is the most frightening consequence
of all.
* * *
According to Elizabeth Warren, a Harvard Law School professor and an expert
on bankruptcy, 91 percent of bankruptcy filings are due to a lost job,
a medical emergency, or a divorce. The majority of those who suffer such
disruptions in their lives are in the bottom 40 percent of wage earners
in the population: the median income for bankrupt debtors in 2001 was
$24,108. (The median household income was $42,228.) What's more, the median
amount of debt carried by bankruptcy claimants was $36,000, 50 percent
more than their income. Warren was not surprised to learn that the majority
of debtors live near or below the poverty line. What did surprise her
was that people with heavy debt are not spending more money on stuff they
don't need; in fact, they are spending less than their parents did on
the same items a generation ago. When she compared the rates of spending
on clothes between 1985 and 2001, she found that people today are spending
22 percent less than their parents spent in inflation-adjusted dollars.
In 2001, people spent 21 percent less than their parents spent on food;
44 percent less on appliances; 35 percent less on tobacco, alcohol, furniture,
and entertainment -- all this despite the frequent assumption that consumerism
is rampant. What has led them into debt is not materialism, it's the high
cost of basic necessities: mortgage or rent; day care or after-school
care for children; health insurance, often a luxury for the majority of
the poor; and two or more cars, often necessities in two-income families.
These things cost a whopping 30 percent to 70 percent more than what they
did a generation ago. Warren writes that "by the time they make these
four basic purchases...they have less money to spend on everything else
than their parents [did]."
* * *
For Bobbi -- a health-care worker who speaks in two-beat phrases -- debt
began in college when she was first offered free credit cards and started
using them. For what? "Parties," she says, "during my senior
year. [But then] when you graduate, you need to put a couch in your place,
you need a TV, you need dishes -- you don't have things, you're done,
you've just graduated. That's how it starts. Then you pay for things,
you slowly make payments, then you get more credit cards. They say, 'Get
another credit card,' and it goes on and on and on. Throughout your life
-- or my life -- you buy and pay, you buy and pay. Then you buy and you
skip payments; you buy and you skip payments -- and it snowballs."
For years, Bobbi used her cards for "necessities." A TV, then
a better TV. A stereo, then a better stereo. Furniture the same, and so
on. "You get rid of the old or you leave it behind." In 1990,
she sold everything, moved to San Diego, and needed new stuff once again.
Which meant more cards. She charged "TVs and clothes and couches
-- and stuff you shouldn't get, you know, like DVDs. I bought a $3000
bed on credit. That wasn't necessary. I should have bought a $100 bed."
Bobbi's pattern of buying on credit and repaying over time was well established
by the end of the '90s. With 13 credit cards, she says, she "had
it under control" for a while. "[I] paid it off and spent it.
Paid it off and spent it." After nine years of working at a retirement
home, one day she faced a momentous change: she got laid off. Though her
long-time job had ended, buying on credit did not. That pattern was too
ingrained. In fact, buying was both necessary and steadying for Bobbi.
In less than a year, paying only that low monthly minimum (on 13 different
accounts), she found that she had accrued interest charges and late charges
and over-the-limit charges to the tune of $15,000. That was more than
50 percent of her debt at bankruptcy -- $29,000.
"That much interest was ridiculous," she says. In effect, she
was paying for those couch and TV upgrades more than once. Debt Free helped
her consolidate her bills, and she paid them $500 per month for five years.
"That seemed pretty easy. But when you don't have a job, [you can't]
pay it. I had no money coming in. I had to put my tail between my legs."
Bankruptcy "is something you should do. It's nothing to be ashamed
of. I didn't go out and party afterwards.
"I'm a Christian, a good person. A few of my acquaintances I told
I went bankrupt. I listened to their opinion; I try not to judge. 'Yeah,
I went bankrupt,' and they went, 'Yeah, you seem like not so stressed.'
" Bobbi felt supported. But when she was considering moving and looked
at a renter's application, she saw the question, "Have you ever declared
bankruptcy?" -- "I've always checked, 'Hell, no.' But this time
I was, like -- I froze. That's going to be a question if I move."
Today, Bobbi has to prove she's a good person, a good tenant, a good bill-payer
-- all by paying cash. She says she gets "really pissed off"
when credit-card and car loan solicitations are dangled before her. Shadier
companies offer cards -- with enticements like "Bankruptcy -- No
Problem!" -- that appear to suggest you can use them immediately
when in fact you must secure the card with cash. (Loan sharks regularly
check bankruptcy court files, which are public documents.) "I don't
like it," she says. "I'm on some list. That's sick." She
called one such firm that advertised a new car for "one-cent down,"
saying, "Listen, I don't need a new car. I paid off my car. I'm not
dumb. I don't want a new car. Quit mailing me this crap!" The other
mail she recognizes immediately, their "Low, Low 4.9 Percent Interest
Rate" come-ons plastered on the front of the envelope: "I rip
'em up. I'll never have another credit card again."
Reflecting on the person she was ten years ago, she says, "I was
spoiled. You get a credit card, and you think you can take care of it.
You play the game, [the same way] most Americans do. You don't want to
be like most. You should pay cash." And yet how often are we asked
for a credit card? "If you're smart, you'll say no. Just like drugs.
We all like drugs. But that's not life." Only recently, right before
she went bankrupt, did she begin reading the six-point font on the back
of the bill. "Capitol One," she says, "are really sneaky
people. They wanted me to keep my credit card, after I went bankrupt.
Isn't that crazy?" Like an alcoholic who keeps an unopened bottle
of whiskey on a shelf, Bobbi keeps her dead Capitol One cards in a drawer
to remind her of what she's gone through. She laughs when she sees their
offers: Will she be tempted? Not so far. "I'm hard on myself. Like
everyone else," she says, she believes "life is temptation."
And yet Bobbi did get another card. Several, in fact. This time for targeted
purchases: a May's card for clothing; a Shell card for gas; a Discover
card for the veterinarian. "My dog is 13. He's in good health because
I was able, every month, to pay for his six-month check-ups, his food,
his shots. All paid on credit. Thank God for that credit card. Now he's
struggling a little. The vet I took him to [recently] was a total shocker.
Two hundred dollars. I paid cash, but dude, I didn't eat for a week."
* * *
Racial
and ethnic differences influence who owes whom and who owns what in America.
Recent Census Bureau data reveal that 33 percent of black families and
26 percent of Hispanic families are in serious debt or have no assets.
The figure for whites is 11 percent. In terms of debt, such a gap suggests
that white families can survive economic downturns better than their minority
counterparts. Since whites have greater net worth -- more homes, cars,
savings accounts, stocks -- they are less likely to file for bankruptcy:
such assets are saleable before bankruptcy sets in. Hispanic homeowners
are three times more likely than white homeowners to file for bankruptcy,
and black homeowners are six times more likely.
Whether white, black, or Hispanic, debt is running -- and ruining -- the
lives of millions of Americans. Simply put, the cause of this debt and
the cause of the rising tide of bankruptcy is an unregulated consumer-credit
industry in which, according to Elizabeth Warren, "More creditors
[are] lending ever more money to ever-poorer debtors." Warren has
also written that "70 percent of American families [in 2003] said
that they are carrying so much debt that it is making their family lives
unhappy. The number-one New Year's resolution for 2004 was to try to reduce
the debt load. That's the first time something has beat 'try to lose weight'
in more than 20 years." She estimates that at the present rate, by
2010 "one in every seven families with children in America will have
declared bankruptcy." This number is likely to increase now that
the Senate has passed an overhaul of personal bankruptcy law. The legislation,
which many view as pro-business, sets up an income-based test: If your
income is above the state median, then you must file for Chapter 13, or
re-organization. The American Bankruptcy Institute estimates that up to
20 percent of those who file for bankruptcy will be disqualified from
using Chapter 7 to wipe out their debts.
* * *
Seventy-year-old Gus relates a common immigrant's tale. Born to a Mexican
family, he was a "conservative young man" who always worked.
He had "nice cars, nice clothes." In his 30s, he bought a home,
sold it, and upgraded to a better one three times. Opened a restaurant
at age 38 and kept it for 20 years. Gus never had any problems, and he
describes himself as "very conscientious. I grew up feeling that
money was always there. It was easy to obtain because you worked for it."
The restaurant's success nurtured Gus's innate idealism. "I always
had the feeling I could make it happen." Possibility was always "just
around the corner. I was a dreamer." However, in the clatter of daily
specials and the exhaustion of nightly mopping, he didn't figure on his
marriage failing. Which it did in 1988. He holds himself responsible:
"I didn't want to hold on to anything that we had worked so hard
for, so I gave it all to her. I walked away with not too much."
The breakup greased his slide into debt. He no longer had a home, so he
started renting an apartment. "I had no life. I worked two, three
jobs. I was [either] hanging out or I was working. I get bored easily
so I work." Despite pulling in two paychecks -- from limo driving
and supervising a restaurant crew -- he still sought out high-priced items
in men's clothing or auto supply stores (a gabardine suit, mag wheels).
He owned seven brand-new cars, one for each day of the week. "I had
a Mercedes, a Lincoln, a convertible. I just enjoyed it, and my kids would
use them, too. For their graduation, each one got a new car." Gus
knew he was in over his head when his debt -- $50,000 on four credit cards
and past-due accounts at a half dozen stores such as May Company and Firestone
-- was double his annual income of $25,000.
Gus's debt hit $50,000 12 years ago -- and he managed it until last year
when he finally, reluctantly, declared bankruptcy. "I carried it.
Robbing Peter to pay Paul, robbing Paul to pay back Peter," a Biblical
absolute employed by almost every bankrupt person I spoke with. "One
way or the other," he says, "I kept everything afloat."
How does one manage $50,000 of debt for 12 years? Why didn't it grow?
It didn't grow because, Gus says, he kept it constant, "spinning
my wheels and not going anywhere." He cleverly balanced who got what
when. He would work two jobs for six months, save $5000, and then pay
off one card while the other cards got minimum payments. He would borrow
money from a relative. He would use that money to pay off another account,
then work another two jobs until he had paid back the relative's loan.
He would find a card with a 0 percent teaser rate for six months, borrow
the maximum, and use the loan to pay off a card on which he was overextended.
He kept the whole teetering assemblage under his hat, never telling his
two daughters or his son or anyone else what he was doing. "I thought
about bankruptcy for years and years," he says, "but I just
couldn't do it."
And then, when two of his kids decided to move to Palm Springs and invited
him to join them, he finally broke down and told them the truth. It was
very difficult, he recalls, to express those emotions, to admit his failure.
But his kids supported him. " 'Dad,' they said, 'it's the best thing
you can do.' " The force of his habit, he says, could only stop with
a family confession. He wanted a clean break. He was tired of the balancing
act; he was tired of the phone calls and feeling inferior; he was tired
of lying to his kids. He filed for bankruptcy in 2004, and it has cleared
away a sizeable portion of his debt.
Now he's bringing in close to $3000 a month, he says, administering an
estate in Palm Springs. But he's still got a secret: "My family thinks
I'm free and clear. But I'm not." He still owes friends -- debts
the court neither knew about nor, even if it did, could absolve him of.
These debts amount to more than $7000. He'll make good on them, he promises.
Since his children "turned out fine" and are both successful,
"I don't want to concern them that I still owe this money."
His children want Gus to stop working and take it easy, he says. But he
can't retire. In fact, he's got a new product he'll be debuting in the
golf world. It's a gourmet beef jerky -- "a very expensive item"
-- that's been endorsed by long-ball driver John Daly. In order to make
it available at the pro tournaments this year (slogan: "Grip It and
Rip It"), Gus found partners, invested ten grand of his own, and
is engaging in a "little bit" of borrowing to make sure the
thing flies. "I've got this crazy idea that I'm going to make several
hundred thousand dollars off this product. I really believe it's going
to be a good ending. All it takes," he says, "is money."
* * *
One
of my three credit cards, Citibank AAdvantage, has notified me that because
I've been paying off my balance every month as a Gold Member -- deadbeat
that I am -- I have "been selected for a Platinum upgrade."
I will earn more American Airline frequent flyer miles so long as I make
purchases; I will get "exclusive privileges" to attend "invitation-only
events such as private movie screenings, golf tournaments, concerts, and
so much more"; and, when I travel, I will get "Luggage Express,"
which means I can "pre-ship" my bags and "experience stress-free
travel." My upgrade, for which my credit limit will also be raised,
"is waiting" for me because I've "earned it." In fact,
since Citibank "value[s] my business," the cost to extend my
credit is only $85 a year, $35 more than I pay as a Gold Member. What's
more, for any balance I run, for purchases I pay 14.74 percent; for cash
advances I pay 19.99 percent; and as a default rate -- if "you fail
to make a payment to us or any creditor when due, you exceed your credit
line, or you make a payment to us that is not honored" -- I pay 28.74
percent. I only need remember that Citibank "may change the above
rates, fees, and other cost information at any time."
That marketing strategy seems meek when one considers the new target of
some company pitches: children. Say hello to the Hello Kitty Debit MasterCard.
Using the popular Hello Kitty brand, which children see stamped on pajamas,
purses, and other kids' stuff, this card is being touted on its website
as one that will bring little Missy "Freedom! You can use the Hello
Kitty Debit MasterCard to shop 'til you drop." (An item from a rival
company is the "Barbie Shop with Me Cash Register," accessorized
with a toy American Express card.) The Hello Kitty card is for girls 10
to 14. Mom and Dad put money into Missy's Hello Kitty account, then take
her shopping. When Missy flashes her MasterCard at the cash register (Mom
or Dad need to be present), the transaction will, according to the senior
vice president for Sanrio, which is marketing the product, help parents
"teach their children how to manage their finances." (Please
write me at the Reader with stories about ten-year-olds whose finances
need managing.) And, the vice president notes in an interview with the
Washington Post, the target age group "could certainly go younger."
Sanrio's next offering: the prepaid Hello Kitty cell phone.
* * *
For Sharon, the debtor's trail began at age six, when she was denied two
things by her iron-willed parents. First, they refused to give her a Barbie.
"All the other girls had" one, Sharon explains over coffee in
a cafÈ where 1970s feel-good music plays in the background. In
fact, that childhood trauma recently resurfaced to sabotage her life.
Her parents also refused to let her spend her allowance, forcing her to
put it in a savings account every week. "They were trying to make
me be 'grown up' about it." The upshot was that she, unlike her friends,
had no money to spend on herself; the "good little girl" --
Sharon frequently mocks the roles she's had to play -- was saving for
something as yet unimagined.
When her savings had grown to several hundred dollars, Sharon began badgering
her mother about spending some of it. Her mother in turn lobbied her husband.
On Sharon's 12th birthday, her father finally agreed that she could spend
some, though a big discussion ensued "before he turned the money
over." He warned her not to spend it all. What happened next is,
perhaps, unsurprising: "I blew it all at once. I bought a radio,
records, school clothes; I spent it in a very short time. My parents made
me wait so long that I just went nuts when I finally got it."
Her father hit the ceiling. " 'I told you,' " he trumpeted to
his wife, according to Sharon. " 'She doesn't know how to handle
money. She blew it all. She saved for all these years' -- I was forced
to save -- 'and now it's gone.' "
That "manipulation," as she calls it, has had lasting effects.
"I felt bad about myself, ashamed. There was something wrong with
me. I didn't realize until I was an adult that when a kid gets an allowance,
she gets to use it that week."
In Cincinnati, Sharon's parents lived what she describes as the American
dream. Her father invested at his workplace, AT&T (every raise he
got was channeled into stock); he and his wife were homeowners, with two
acres and a little forest. "They've done tremendously well. The food
was good, steaks; we were one of the better families on the block."
In the 1960s, when gas and department store cards appeared, her parents
bought on credit and paid the bills immediately. For 50 years, they've
never carried a balance past the due date. They have a summer home and
a winter home, and her father was able to retire early.
Sharon graduated from high school a year early, met a man, and moved in
with him. Her parents castigated her again. From then on, "It was
always a struggle." She dated musicians and artists, never finding
"that rich guy." Later, between boyfriends, when her car's engine
seized up and she needed a loan, she called home. "They'd give me
the money, but they would just shame me, guilt me for it." She remembers
them saying, "All you want us for is money."
During her adult life, Sharon recalls her mother doing things that she
thought "were very hurtful." While Sharon was driving a "junker
car," her mother would call and say, "'Oh, we bought another
house, and your father and I are going to get another refrigerator, and
a convection oven.' You can obviously hear the anger in my voice.
"My big joke to my friends is that I spent the 1980s yelling at my
parents. I brought it all back to their door. They raised me to be dependent
on them. It's an issue I've had to deal with for years." Eventually,
she and her parents underwent family therapy and resolved some issues.
"My parents are changed people." Today, at 51, Sharon continues
to receive an "allowance" from them -- $300 a month. "They
send me this money, and there is no shame."
Once Sharon got into the working world, her dysfunction expressed itself
further. Since she wasn't able to "make a decision, spend the money,
and make a mistake," she has little trust in herself. She had a string
of office jobs during her 30s, and her performance reviews always said
that she "cannot make a decision." Compounding Sharon's troubles,
she and her father have both been diagnosed as bipolar. She says her medication
prevents her from being more decisive. When it comes to managing money,
it has been easier not to make the decision not to buy something than
face the consequences of debt.
During the late 1980s, Sharon got yearly bonuses at Tell Labs in Chicago;
the expectation of this reliable windfall prompted her to get her first
credit card. "I charged up the card and then got my bonus and paid
it off." Three years this worked. The fourth year, the company took
a loss and there was no bonus; Sharon was stuck with a $2000 debt. Her
salary covered her living expenses, which she characterized as "1980s":
power suits costing $100; blue jeans for $80; mountains of makeup. Still,
the debt remained.
Coming to San Diego, she cashed out a 401(k) worth $4000 and spent the
money to pay off her card. But, with a temp job, Sharon couldn't earn
enough to pay her bills. Her depression deepened. One day, she had a "spiritual
moment" and prayed to God. She immediately picked up a copy of the
Reader and found an ad asking for a personal assistant. She moved in with
a quadriplegic and took care of him for 18 months, rent and expenses paid.
She was able to start saving. When she was displaced by a woman who married
the quadriplegic, she found herself once again working in an office. The
job "was overwhelming," she says. "They demanded I work
50 to 60 hours a week. I was slower than other people. I couldn't make
decisions. This is where credit cards came in."
Credit-card debt in and of itself has not been Sharon's nemesis. Like
many people, depression and family issues have disabled her severely enough
that she was unable to make a living. Even though she qualified for disability
benefits, received handouts from her parents, and lived periodically with
boyfriends who paid her bills, she couldn't make it on her own. The cards
kept her afloat. Until a burgeoning debt took her down.
By the end of the 1990s, Sharon's debt had ballooned from $1000 to $16,000.
Her expenses had exploded, too. She had to pay for a therapist and medication.
She left another boyfriend. She wanted to stabilize herself, so she found
a mobile home advertised for a terrific price -- "the cost of a car."
She told her parents about it, and they bought it for her. But there were
hidden costs. Such as the land on which the trailer sits. New furniture.
"I kept thinking" -- the curse of a rosy future -- "it's
going to get better. I'm in therapy, I'm taking my meds. I'm going to
get that 40-hour-a-week job. And I really believed that. I took several
little jobs and failed. I was basically living on my disability and my
credit card."
Her minimum monthly payment on several cards was $150. "I couldn't
pay them $15, let alone $150." Sharon says she reached her "first
bottom" when she was threatened by a creditor. She realized bankruptcy
was an option, but having been raised by parents who continued to acquire
things without accruing debt, filing for bankruptcy was "worse than
being divorced." Still, on the advice of her ex-boyfriend, who himself
had twice declared bankruptcy (you can file for bankruptcy once every
seven years), she found an attorney and filed. Her parents "don't
know to this day that I filed. They'll never know."
Her Chapter 13 bankruptcy allowed her to keep her home. "[It] freed
me," she says. "It ended the panic of where my money is coming
from." She was "so good" for so many years after filing,
taking care to live on the cash she had. But her newfound discipline wiped
out none of her "money issues." She began attending meetings
of Debtors Anonymous.
DA, as it's called (www.dasandiego.org), offers a 12-step program for
people who have unhealthy relationships with money. DA helped Sharon understand
herself as an "underearner," that is, a person who doesn't earn
the money she's worth or who doesn't work and earn enough because she
is afraid of having money she can't manage. One in four are classified
as "compulsive debtors," who, according to a DA pamphlet, share
"the inability to control excessive debt or spending," with
"a recurrent, often unconscious, use of money to overcome underlying
issues." For those whose debt is wiped out by bankruptcy, their money
problems are often far from over. In fact, bankruptcy can usher in a new
slide.
As Sharon discovered when a fresh crisis arose: She came home one day
and found a pipe had broken and flooded her home, ruining everything,
including computer and appliances. Even the walls had to be replaced.
Though insured, she faced three months of repairs. She moved out but needed
to pay for a motel room.
Three years after her bankruptcy, Sharon was still regularly receiving
credit-card solicitations in the mail. She always tore them up. But in
order to get reimbursed by her insurance company for her extended stay,
she needed a credit card. She finally opened one of those appeals she'd
been resisting for so long. She told herself that as soon as her insurance
reimbursement came through, she'd pay off the card: "It's just a
little loan." Within a year, she had "maxed out [the card]."
On what? Making a perfect home for herself: beautiful new furniture, beautiful
new carpeting. Five thousand dollars' worth.
She swung back to the familiar pattern of making payments and counting
on finding a better job to bail her out. Desperate, she indulged herself
in the dreamed-of object her parents had denied her so long: a Barbie.
Sharon has been collecting dolls all her adult life. During the 1990s,
old Barbies were selling for $1000 and there was money to be made dealing
them. So, one day a week, for love and investment, Sharon began working
at a doll shop. She bought a few dolls cheaply from the store and started
selling them on eBay. Doll collecting became an obsession. Soon she was
buying more dolls than she was selling; her credit-card debt bulged to
$5000.
At the height of her doll collecting, her parents called to announce a
visit. "The month before they came, I was on the computer five, six
hours a night buying dolls. And I know now that it's connected to my childhood
-- I was scared to death about them coming, and I chose to act out"
by buying dolls. She hid the dolls from her parents when they came because
"they would have had a fit if they knew I was spending money [that
way]." Her childhood ache resurfaced. "It was my way of saying
F-you to my parents -- buying all these dolls before they came."
A $700 doll, a Madame Alexander with clothing and trunk, a dead ringer
for one she had lost in her mobile home flood, came up on eBay. With money
she had received for her lost doll, she rationalized that the doll would
someday "be worth $10,000," and she started bidding. A counter-bidder
raised the price to $778, but Sharon "was right on her tail,"
and within a few minutes she won the doll for $800. She panicked. "Where
am I going to get the money?" The next day, she looked at the mail
and found her answer. Another credit card. She got a cash advance for
$800 to pay for that doll. A day later, she says, "I had buyer's
remorse. But you can't take it back on eBay."
That day, falling again for the credit card, she reached her "second
bottom."
Declaring bankruptcy and going in debt again -- it's up to $5000 -- has
accelerated a change in Sharon's behavior that, she believes, has finally
ended her buying on eBay. She has gone back to DA, where she hopes to
make and live on a budget, one month at a time, the goal of most members.
At a DA meeting I visited, one woman perfectly expressed the lesson of
spending what may not be there to spend. "I'm 65 years old,"
the woman said with a snicker, "and I'm finally starting to learn
that it's money in and it's money out."
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