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	<title>Comments on: Are Debtors&#8217; Prisons Next?</title>
	<atom:link href="http://www.concurringopinions.com/archives/2008/02/are_debtors_pri.html/feed" rel="self" type="application/rss+xml" />
	<link>http://www.concurringopinions.com/archives/2008/02/are_debtors_pri.html</link>
	<description>The Law, the Universe, and Everything</description>
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		<title>By: Paul Gowder</title>
		<link>http://www.concurringopinions.com/archives/2008/02/are_debtors_pri.html/comment-page-1#comment-50315</link>
		<dc:creator>Paul Gowder</dc:creator>
		<pubDate>Sat, 16 Feb 2008 05:32:34 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2008/02/are-debtors-prisons-next.html#comment-50315</guid>
		<description>Kip, your position is utterly absurd.  There&#039;s a big knowledge differential between borrowers and lenders.  Not so when the borrower actually misrepresents their income, but when it&#039;s just a matter of cluelessness and miscalculation -- when the lenders target college students with no income for credit cards -- the responsibility is &lt;i&gt;rightly&lt;/i&gt; placed on the bank.  The bank has the information and experience to know what will happen.  The borrower does not.

That&#039;s one modality of predatory lending: exploiting cluelessness and immaturity.

Here&#039;s another: exploiting vulnerability.  People who are at the worst times in their lives often can&#039;t get credit elsewhere, and get screwed by the sub-prime industry.  Now, you might claim that the borrower is better off than if no loan was available at all -- but there are good economic reasons to think that exploitative loans act as a substitute for non-exploitative loans, and that if the exploitative ones were outlawed, there&#039;d still be a sub-prime lending market.

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		<content:encoded><![CDATA[<p>Kip, your position is utterly absurd.  There&#8217;s a big knowledge differential between borrowers and lenders.  Not so when the borrower actually misrepresents their income, but when it&#8217;s just a matter of cluelessness and miscalculation &#8212; when the lenders target college students with no income for credit cards &#8212; the responsibility is <i>rightly</i> placed on the bank.  The bank has the information and experience to know what will happen.  The borrower does not.</p>
<p>That&#8217;s one modality of predatory lending: exploiting cluelessness and immaturity.</p>
<p>Here&#8217;s another: exploiting vulnerability.  People who are at the worst times in their lives often can&#8217;t get credit elsewhere, and get screwed by the sub-prime industry.  Now, you might claim that the borrower is better off than if no loan was available at all &#8212; but there are good economic reasons to think that exploitative loans act as a substitute for non-exploitative loans, and that if the exploitative ones were outlawed, there&#8217;d still be a sub-prime lending market.</p>
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		<title>By: Maryland Conservatarian</title>
		<link>http://www.concurringopinions.com/archives/2008/02/are_debtors_pri.html/comment-page-1#comment-50314</link>
		<dc:creator>Maryland Conservatarian</dc:creator>
		<pubDate>Thu, 14 Feb 2008 19:12:38 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2008/02/are-debtors-prisons-next.html#comment-50314</guid>
		<description>&quot;...and many Social Security recipients are unaware of their legal rights.&quot;

Maybe we need to have a Single-payer legal system to get all these lawyers out to the people who need them instead of just sitting around writing law review articles...

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		<content:encoded><![CDATA[<p>&#8220;&#8230;and many Social Security recipients are unaware of their legal rights.&#8221;</p>
<p>Maybe we need to have a Single-payer legal system to get all these lawyers out to the people who need them instead of just sitting around writing law review articles&#8230;</p>
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		<title>By: KipEsquire</title>
		<link>http://www.concurringopinions.com/archives/2008/02/are_debtors_pri.html/comment-page-1#comment-50313</link>
		<dc:creator>KipEsquire</dc:creator>
		<pubDate>Thu, 14 Feb 2008 16:42:42 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2008/02/are-debtors-prisons-next.html#comment-50313</guid>
		<description>So your one (utterly non sequitur) anecdote about a deadbeat pensioner completely nullifies all the &lt;a href=&quot;http://kipesquire.powerblogs.com/posts/1198181824.shtml&quot; rel=&quot;nofollow&quot;&gt;hard data&lt;/a&gt; about unethical home borrowers who filed utterly fraudulent mortgage applications?&lt;blockquote&gt;&lt;i&gt;&quot;Although federal law says creditors can&#039;t seize Social Security, disability and veteran&#039;s benefits to pay a debt, enforcement of the law is scant, and many Social Security recipients are unaware of their legal rights.&quot;&lt;/i&gt;&lt;/blockquote&gt;Just because a deadbeat has one income stream that is exempt for attachment doesn&#039;t mean she doesn&#039;t have others. Or are you suggesting that any and every recipient of Social Security should be sumarily exempt from any and all civil actions attempting to collect a valid debt?

Just trying to get a feel for what color the sky is in your world.

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		<content:encoded><![CDATA[<p>So your one (utterly non sequitur) anecdote about a deadbeat pensioner completely nullifies all the <a href="http://kipesquire.powerblogs.com/posts/1198181824.shtml" rel="nofollow">hard data</a> about unethical home borrowers who filed utterly fraudulent mortgage applications?<br />
<blockquote><i>&#8220;Although federal law says creditors can&#8217;t seize Social Security, disability and veteran&#8217;s benefits to pay a debt, enforcement of the law is scant, and many Social Security recipients are unaware of their legal rights.&#8221;</i></p></blockquote>
<p>Just because a deadbeat has one income stream that is exempt for attachment doesn&#8217;t mean she doesn&#8217;t have others. Or are you suggesting that any and every recipient of Social Security should be sumarily exempt from any and all civil actions attempting to collect a valid debt?</p>
<p>Just trying to get a feel for what color the sky is in your world.</p>
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