Bible and Bankruptcy, Part 1 by Bankruptcy Attorney in St. Louis Tobias Licker
What does the Bible tell us about bankruptcy? The authors of the Bible didn’t know about Chapter 7 and Chapter 13, however, the question what happens if a debtor cannot afford to pay back his debt is older than currency itself. One of the first known currencies, barley and shell money, were used as early as 3,000 years BC. With the use of money comes the option of lending and borrowing money; and the question of what to do when an obligation to pay cannot be satisfied?
The general rule is to help a person who is poor and unable to support himself. Leviticus 25:35 “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 he can continue to live among you.”
The Bible even gives instruction to creditors on how to comply with the general rule of helping each other so that no one is forced into slavery or unable to support himself and his family.
A number of clients, even bankruptcy attorneys are under the mistaken belief that the waiting period between two Chapter 7 bankruptcy cases is 7 years. This is wrong. Before the law changed in 2005 the waiting period was 6 years, and after the new law took effect the waiting period is now 8 years. So I ask, where is the widespread belief that it is 7 years coming from?
Does it come from the fact that this kind of bankruptcy proceeding is dealt with under Chapter 7 of the United States Code. To file a chapter 7, you would have to wait 7 years? If that would be the reason, why don’t we hear from clients and attorneys that you would have to wait 13 years to file a new Chapter 13 Bankruptcy case, or 9 years in order to file a second Chapter 9 Bankruptcy case. It does not seem to come from the number of the Chapter.
It comes from the Bible itself:
The current political discussion about class warfare and the question whether the rich should pay more of their share to the society is as old as the Bible.
However, the commands we read in Deuteronomy are even more favorable than the bankruptcy rules today. In Deuteronomy 15:1, the debt is cancelled automatically every seventh year. The bankruptcy law became so complicated that it is nearly impossible to file a bankruptcy case without the help of an attorney. Filing bankruptcy costs money: court costs, required credit counseling, and attorney fees. In addition, the bankruptcy law requires a debtor to do a means test which determines if one actually qualifies to file a Chapter 7 bankruptcy. If the debtor “fails” the means test, he will need to file a Chapter 13 bankruptcy case and possibly repay some of the debt to his creditors based on his disposable income.
Part 2 if the Bankruptcy and Bible article will follow.
