Counseling Congress on Credit
My policy proposal for the new Congress is fairly modest. I would like to see Congress repeal the requirement that consumers receive credit counseling before they are eligible to file for bankruptcy. This requirement has served little purpose other than to place an expensive speed bump in the way of consumers who wish to file for bankruptcy (consumers have to pay for this counseling themselves).
Credit counseling agencies have reported that, in the vast majority of cases, they are unable to provide any useful advice to debtors. Apparently, there’s not much you can say to people who got laid off or went deep into debt because they got sick and couldn’t afford health care. To make matters worse, forcing all consumers to go through this counseling chews up the resources of the counseling agencies, limiting the assistance they can give to those people who could actually use it.
For those interested in a different approach or who think this is an attempt to avoid responsibility for one’s actions, keep reading.
Less you misunderstand me, I’m a huge fan of financial education. If I was independently wealthy, I’d give up this law gig in a heartbeat to work on developing an effective way to increase the financial literacy of Americans. I’d like to see the start of a conversation in this country on what role the state should play in educating individuals about finance. Although it’s considerably less high-brow than the history and language arts that we require public schools to teach, personal finance becomes more important by the day.
We are witnessing the death throes of the age of company pensions and company provided health care. In its place is a world where all Americans are expected to have the financial acuity of MBAs in order to understand the complicated credit products, investment vehicles and tax-preferred savings accounts for health care, education and retirement.
Failing to educate Americans on how to navigate our brave, new, interest-only, balloon payment, defined contribution world will leave millions of Americans vulnerable to being gouged by the service providers they'll need to rely on to help them prepare their taxes, buy a house, borrow money, and save and invest for the future.















Mark:
I have thought about this before, too. However, at the same time, high schoolers, by and large, probably don't have much interest in understanding of personal finance. I dare say most of them probably have free room and board and are caught up in the whole consumerism of our society. Think about it: they want the latest toys, stereos, Ipods, clothing fashions, car accessories and a lot of other things that are too numerous to mention. Add into the mix that they are bombarded with advertising directed at them telling them how "cool" it is (or whatever word that their generation has now) to have all this stuff.
However, a college level course would not be such a bad idea; although you probably could only make it an elective. Colleges and universities already are complaining about all of the remedial work they are required to do. I am not so sure they would be jumping at the chance to add something else into the mix. This would be beneficial as many college students are just becoming financially and personally independent. It would be the best time to learn. But this does give me an idea. Hmmmm.
Having worked (technically still working) as a bankruptcy attorney, I know full well from the front lines all the damage our "personal responsibility" culture gone mad has had on the lower and middle classes. It begs to be asked: what about the responsibility of the corporations that hired these people to fully fund the pensions and health care guarantees they promised the workers and the federal government as part of this great "social contract?"
Among the very first posts on my blog (link below) I wrote "How to Avoid Bankruptcy" in a series and the need for national health care and pension system in several others to provide stability, portability and uniformity in fundamental guarantees for workers and citizens.
Even so, I like your point about current policies now seemingly require everyone to have, for practical purposes, an MBA for both personal short-term and long-term financial planning. (That is to say: we are requiring too much for most of the population. Many people, probably most, just want to go to their 9-to-5 job, take their weekend jaunt to the lake, raise their kids and enjoy a few luxuries along life's path.) Although to suggest that we need more governmental regulation strikes many in my part of the country as too paternalistic (conservatives would wrongly label such a policy "socialism"). But, given the excesses of the last six years -- especially the last two -- some paternalistic policies by the federal government seems necessary -- like a nanny coming in to bring unruly children to order. (I don't think I am the first one to use such a metaphor, either.)
Keep up the good work.
Satellite Sky Blog
Find the Truth. Do Justice.
November 16, 2006 3:08 PM | Reply | Permalink
Re: We are witnessing the death throes of the age of company pensions and company provided health care.
While pensions have been largely replaced by 401ks, company provided healthcare is still common and will be with us for a while yet simply because there is no other viable alternative. The problem in this area is not so much the lack of insurance (although that is a problem for a minor fraction of the population, mostly the working poor) but rather (as Elizabeth Warren has pointed out) the fact that most insurance these days provides inadequete coverage in cases of chronic or catastrophic illness.
November 17, 2006 2:56 AM | Reply | Permalink
OkieLawyer raises a good point about high school students not being motivated to learn finances but I think they will be at least as motivated to learn everyday financial information as they are with the current academics. Just like any other course, the teaching method can make a world of differnce. How about a few lessons that require the student to interact with his parents to discuss some of the issues. The more I think about it the more I like that idea.
As for teaching personal financial courses in college, maybe we should start by answering one question - Should the student be required to certify that he has personally paid for the cost of that course as part of the registration process?
I recently read a "My Turn" in Newsweek where a graduate from a top private college was bemoaning the fact that her college did not have such courses. She was having trouble managing on her waitresses pay and tips. (There's another whole story here)I believe that, unfortunately, anyone who is smart enough to be accepted to a top private school but who fails to learn personal finance on her own from the miriad of soureces that exist in the marketplace probably needs to be awakened to personal finance issues through a few tough experiences. Another course is not going to do it.
November 17, 2006 9:13 AM | Reply | Permalink
You're spot on, I appreciate the refinement. I'm currently Prof. Warren's Bankruptcy class and, as she keeps reminding us, health coverage is as much about protecting assets as it is ensuring that one receives medical care. I would argue that the decision about whether to buy supplemental coverage (if available and affordable) is a decision that most Americans would find quite daunting without some assistance.
November 17, 2006 12:35 PM | Reply | Permalink
Thanks for your input. Many people I've talked to in the consumer protection/affairs etc. arena have greeted my thoughts on financial education with healthy skepticism. I agree that high school is probably too early for most students. Although, I was fortunate enough to have a trigonometry teacher who spent as much time talking about mortgages and IRAs as he did trig (Thanks Mr. Yahn!).
College might be a better time and place. I think an elective course might be most effective (you can't lead students to the time value of money let alone make them drink). Without some long-term studies tracking the effectiveness of taking these sorts of classes, we'll keep on guessing.
I'm not a big fan of regulation myself, which is why I'm hoping that education might partially address the problem. In addition to being paternalistic, I think regulation in this area would simply fail to keep up with the marketplace. In a battle between lenders and Congress, my money's on the lenders.
November 17, 2006 12:54 PM | Reply | Permalink
I don't think you need to wait till college. What most of them need to know is the power of compound interest, and how it works both for an against them. At that point in their lives, even if that's the only thing they internalize, they'll be in a very good position when it comes to analyzing the consequences of decisions later on down the line.
November 20, 2006 12:44 PM | Reply | Permalink
As far as financial education on managing your personal money. I think Elizabeth Warren's book "All Your Worth" makes it pretty simple. I am teaching these concepts to my 8 year old son, and he will be living on 50 percent of what he makes. Something I was never taught. He knows the ills of credit cards, and is being taught to live on cash. I think he'll do fine. It isn't as hard as people make it, if you start out right. The hard part is paying for your mistakes.
Jim Anderson
The Truth About Credit
November 24, 2006 9:43 PM | Reply | Permalink