Congress recently passed the Bankruptcy Abuse Prevention and Consumer Protection Act, designed to minimize frivolous bankruptcy filings and to require debtors to repay some of his debt. Once it takes effect in October, 2005, the law may make it harder for those with problem debt to have his debt wiped away by the courts. Most may have to agree to a 5-year repayment plan. In passing this new law, members of Congress suggested that our bankruptcy courts are filled with cases involving not ordinary citizens, but with reckless gamblers, shoppers, and drug abusers. Is that really the case?

1 would think, given the accusations, that the highest bankruptcy rate in the Untied States would be in place where such vices were common, such as California, New York or even Nevada. If problem gambling is thought to be the cause of an unbelievable bankruptcy, then 1 might assume that Las Vegas would be the bankruptcy capital of the world. How odd it is, then, to discover that Utah, 1 of merely 2 states that prohibits gambling completely, has the highest each capita incidence of bankruptcy filings in the United States. Utah? How can that be?

Utah has a number of aspects that, taken on his own, don’t suggest that bankruptcy would be a problem. Added together, however, these things create a recipe for disaster: