Legislature(1999 - 2000)

04/18/2000 02:37 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                                                                                
Number 430                                                                                                                      
                                                                                                                                
                   HB 369-PROPERTY EXEMPTIONS                                                                               
                                                                                                                                
MR. JOHN  MANLY, legislative aide  to Representative  John Harris,                                                              
explained that HB 369 makes changes  to the exemption statute.  It                                                              
increases the  dollar amount of  specified asset and  adds certain                                                              
assets that are not exempt at this time.                                                                                        
                                                                                                                                
Number 440                                                                                                                      
                                                                                                                                
MR.  STEVE  GREER,  Anchorage  attorney,  said he  was  the  prime                                                              
drafter of  HB 369.  HB 369  is intended to provide  Alaskans with                                                              
the security of  knowing they will not lose their  homes and other                                                              
important  assets in  the event  of a  financial disaster  arising                                                              
from an unsecured  creditor claim.  Financial  disasters can arise                                                              
from any number of circumstances,  such as a medical disaster over                                                              
which an individual  had no control.  In addition,  this bill will                                                              
promote  the growth  of small  businesses  in Alaska  and is  also                                                              
meant to protect Alaskans who participate  in risky ventures.   By                                                              
raising  the exemption  level  of  a few  assets,  people will  be                                                              
assured they  can continue  to operate  their businesses  and keep                                                              
some of their assets.                                                                                                           
                                                                                                                                
MR. GREER noted  that HB 369 does  not do the following.   It does                                                              
not protect  a debtor against claims  for child support.   It does                                                              
not protect a debtor against state  or local taxes, bills owed for                                                              
labor and  materials for the  repair and improvement  of property,                                                              
or claims that a victim may have  against a criminal offender.  It                                                              
does  not  allow  a  person to  put  non-exempt  property  into  a                                                              
revocable trust expecting it to be protected.                                                                                   
                                                                                                                                
MR. GREER  said that HB 369  provides a safety net  from unsecured                                                              
debt  with  respect   to  a  few  important  assets.     A  common                                                              
misconception  is  that  raising  exemption  levels  will  promote                                                              
bankruptcy filings because once a  debtor is assured exempt assets                                                              
are safe  they can file  with impunity.   Bankruptcy is  usually a                                                              
last resort  and this is especially  true in Alaska which  has the                                                              
lowest bankruptcy  rate in  the U.S.   In addition, the  number of                                                              
bankruptcy  filings  is falling,  with  the forecasted  number  of                                                              
bankruptcy  filings decreasing  by 8.4 percent  from 1999  levels.                                                              
Mr. Greer presented  statistics showing that the  states with more                                                              
liberal bankruptcy laws do not have a higher number of filings.                                                                 
                                                                                                                                
MR.  GREER  said   another  misconception  is  that   raising  the                                                              
exemption   level  will   hurt  the  bottom   line  of   financial                                                              
institutions.  Financial  institutions are the least  likely to be                                                              
harmed  because  they  can  secure their  debt  and  exempt  their                                                              
assets.                                                                                                                         
                                                                                                                                
MR.  GREER noted  a  provision in  Section  7  which could  affect                                                              
unsecured provisions.   A creditor will  not be able to  seize the                                                              
PFD  if it  can be  protected under  the cash  exemption, but  the                                                              
definition of a  liquid asset can be amended to exclude  PFDs.  On                                                              
the other hand,  anyone with less than $8,075.00  in liquid assets                                                              
should be able  to protect this amount  and receive a PFD  for the                                                              
protection of their family.   Without  this cash exemption, honest                                                              
people will  be forced to be  dishonest.  Lenders can  continue to                                                              
take  a security  interest  in exempt  assets.   Alaska  financial                                                              
institutions are not predatory institutions  that allow debtors to                                                              
run up tens of  thousands of dollars of credit card  debt.  Alaska                                                              
financial  institutions are  usually perceived  as being  prudent,                                                              
perhaps because of lessons learned in the late 1980's.                                                                          
                                                                                                                                
MR. GREER  stated the  point of HB  369 is  to let small  business                                                              
owners know  they can continue to  operate without fear  of having                                                              
their  assets taken  from  them.   It  is not  meant  to create  a                                                              
situation for people  to get out of paying debts.   It is meant to                                                              
protect senior  citizens in  Alaska so they  have the  security of                                                              
knowing  that  their  homes  will  be  protected  in  light  of  a                                                              
financial disaster, whether it be medical or otherwise.                                                                         
                                                                                                                                
MR.  GREER said  the  first provision  of HB  369  deals with  the                                                              
homestead  exemption.    To  arrive  at  the  $250,000  exemption,                                                              
indexing  was eliminated.   It  was  also felt  that the  marriage                                                              
penalty should not  be imposed; each person should  be entitled to                                                              
the $250,000 exemption.   This exemption was tied  to the Internal                                                              
Revenue Code where  a person can exempt $250,000  worth of capital                                                              
gain.    Congress  determined  that  this  amount  should  not  be                                                              
confiscated in  the form of taxes  from an individual when  a home                                                              
is sold.                                                                                                                        
                                                                                                                                
Number 526                                                                                                                      
                                                                                                                                
SENATOR DONLEY asked what the index is now.                                                                                     
                                                                                                                                
MR. GREER answered $62,100.                                                                                                     
                                                                                                                                
SENATOR DONLEY  noted that the  number will increase  from $62,100                                                              
to $250,000.                                                                                                                    
                                                                                                                                
MR. GREER  said that  HR 833,  before Congress,  allows states  to                                                              
exempt households or  homesteads up to $250,000.   The U.S. Senate                                                              
caps the limit at $100,000 per person.                                                                                          
                                                                                                                                
MR.  GREER  said  Section  3  contains  a  glitch.    A  homestead                                                              
exemption,  even under  current  law, can  be  impaired because  a                                                              
creditor can  acquire the  homestead at 40  percent of  the market                                                              
price and,  unless the  debtor can  repurchase  at the amount  the                                                              
creditor bid, the entire homestead  can be taken away.  The amount                                                              
set out under  statute will not be exempt because  of this glitch.                                                              
HB  369 otherwise  protects this  from happening  by stating  that                                                              
there cannot be a bid for less than the exemption.                                                                              
                                                                                                                                
MR.  GREER  indicated that  Section  4  is  not meant  to  protect                                                              
individual  condominium  association  owners.    It  is  meant  to                                                              
protect the condominium  association itself and,  specifically, to                                                              
protect  condominium   reserves.    He  lives  in   a  condominium                                                              
association in Anchorage.  About  four years ago,  the association                                                              
hired a  painter to  paint the  building.   The painter  covered a                                                              
lighting fixture which caught on  fire and the building went up in                                                              
flames.  One of  the unit owners filed an action  in court against                                                              
the painters and  the condominium association.   The reserves that                                                              
were meant  to provide for  repair of  the structure over  time of                                                              
the association were  at risk.  Fortunately the  jury awarded less                                                              
than the insurance  coverage but had it not, hundreds  of families                                                              
would  have been  dispossessed.   This  situation  brought him  to                                                              
draft  HB 369  because he  believes it  is good  public policy  to                                                              
protect these reserves.                                                                                                         
                                                                                                                                
Number 562                                                                                                                      
                                                                                                                                
SENATOR  DONLEY  asked  if  condominium   owners  have  their  own                                                              
homeowners insurance,  so that the aggregate will  be available in                                                              
case of lawsuits.                                                                                                               
                                                                                                                                
MR.  GREER  said the  association  has  its  own insurance.    The                                                              
lawsuit was  not aimed  at the individual  condominium  owners but                                                              
the  association.    HB  369 will  protect  the  reserves  of  the                                                              
association.  Owners  pay into the condominium  reserves for years                                                              
but there is no way to prepare adequately  for the unforseen.   To                                                              
the extent that  insurance is inadequate, the reserves  are up for                                                              
grabs.                                                                                                                          
                                                                                                                                
SENATOR  DONLEY asked  if a better  solution would  be to  require                                                              
individual  condominium  owners   to  have  a  certain  amount  of                                                              
insurance coverage.                                                                                                             
                                                                                                                                
MR. GREER said there  is no way to know how much  is adequate.  He                                                              
noted if a person  had been injured in the fire,  no figure can be                                                              
put on that damage.                                                                                                             
                                                                                                                                
SENATOR DONLEY  asked Mr. Greer if  he is saying that if  a person                                                              
is injured, there is no compensation.                                                                                           
MR. GREER  responded there is a  public policy reason  to preserve                                                              
the  reserves of  the  condominium  association  for the  purposes                                                              
intended.   He pointed out  that condominium associations  are not                                                              
for-profit  entities;   they  are   just  people  sharing   common                                                              
expenses.                                                                                                                       
                                                                                                                                
SENATOR DONLEY  asked if  it makes better  sense to have  a caveat                                                              
that  requires  condominium owners  to  have  a certain  level  of                                                              
insurance.   He wondered  if this is  already required  by statute                                                              
for   protection   if  someone   is   injured  and   entitled   to                                                              
compensation.                                                                                                                   
                                                                                                                                
MR.  GREER said  he  cannot  speak to  whether  or  not state  law                                                              
requires   a  certain   amount   of  insurance   for   condominium                                                              
associations.    He thought  the  amounts  are  often set  by  the                                                              
insurance companies.                                                                                                            
                                                                                                                                
SENATOR DONLEY said,  "Why would they bother if they  have a total                                                              
exemption?   Why  would they  need  insurance if  you're going  to                                                              
exempt their liability or their assets from any action?"                                                                        
                                                                                                                                
MR. GREER  said he would  hope that most condominium  associations                                                              
purchase insurance for protection against claims.                                                                               
                                                                                                                                
Tape 00-23, Side B                                                                                                            
Number 2400                                                                                                                   
                                                                                                                                
SENATOR DONLEY said he agrees and  also hopes so, but that did not                                                              
work  with auto  insurance.   That is  why auto  insurance is  now                                                              
mandatory  and,  even  with  mandatory   insurance,  people  drive                                                              
without insurance.                                                                                                              
                                                                                                                                
MR. GREER said  that perhaps the solution is to  require a minimum                                                              
amount of insurance for protection.                                                                                             
                                                                                                                                
MR.  GREER added  that retirement  plans  are currently  protected                                                              
under  the  law  but,  unfortunately,  state  employees'  deferred                                                              
compensation plans are not.                                                                                                     
                                                                                                                                
MR. GREER gave a synopsis of the following sections.                                                                            
                                                                                                                                
In Section 6, existing law was not  changed.  Indexing was removed                                                              
and the  amounts were  brought up to  the present indexed  amount.                                                              
This bill  does not  add anything  with respect  to exemptions  of                                                              
personal property.                                                                                                              
                                                                                                                                
Section 7  allows an individual to  keep a certain amount  of cash                                                              
assets.   It is  meant to track  what was set  out in  the federal                                                              
bankruptcy code.                                                                                                                
                                                                                                                                
Section  8  raises  the  limit of  the  cash  value  of  insurance                                                              
policies and  annuity contracts.   A number of states  have better                                                              
insurance  protection than  Alaska allows.   If  a person  becomes                                                              
uninsured and wants  to continue an insurance  policy, payments on                                                              
the policy will have to continue.   If the cash value is stripped,                                                              
there  will be  no insurance  protection  for the  benefit of  the                                                              
family.  The  Internal Revenue Code treats insurance  policies and                                                              
annuity contracts  equally; a life insurance policy  can be rolled                                                              
into an annuity  contract in a tax free exchange.   Section 8 also                                                              
increases  the amount  a person  can use  for retirement  purposes                                                              
with respect to  annuities.  $250,000 is the cap  for all policies                                                              
that an individual may own.                                                                                                     
                                                                                                                                
Section  9 deals with  the proceeds  of a  life insurance  policy.                                                              
This section clarifies  that life insurance proceeds  will in fact                                                              
go to the beneficiaries.                                                                                                        
                                                                                                                                
Nothing was added  to Sections 10, 11, and 12;  they just increase                                                              
the present  indexed amount  and make it  law with respect  to the                                                              
amount that can be garnished.                                                                                                   
                                                                                                                                
Section 13 indicates what is exempt under the law.                                                                              
                                                                                                                                
Section 14  changes the tracing period  to 24 months,  aligning it                                                              
with the Internal Revenue Service Code.                                                                                         
                                                                                                                                
MR. GREER said the last section of  importance allows a person the                                                              
same type  of exemption protection for  any asset that is  held in                                                              
the name  of a  person or in  the name  of one's revocable  trust.                                                              
Most estate planners  use revocable trusts as a  means of avoiding                                                              
probate;  this  section  does  nothing  to shield  a  person  from                                                              
creditor  claims.  This  section puts  statutory clarification  to                                                              
whether or not a person owns an asset  in the individual's name or                                                              
in the  revocable trust.   It will still  be entitled to  the same                                                              
exemption that it would otherwise be entitled to.                                                                               
                                                                                                                                
Number 522                                                                                                                      
                                                                                                                                
MR. WILLIAM  WOOD, representing  himself  and the Tongass  Federal                                                              
Credit Union, said  he thinks HB 369 is faulty  legislation.  This                                                              
legislation  far exceeds  the original  intent  of bankruptcy  law                                                              
which is to  provide a person with  a new start but not  a wealthy                                                              
new start.                                                                                                                      
                                                                                                                                
This bill is a way for the wealthy  to protect their assets on the                                                              
backs  of the  average citizen.    This type  of legislation  will                                                              
increase the  cost of  overall borrowing.   A bankruptcy  does not                                                              
just direct itself to an out-of-state  entity, it also affects all                                                              
the financial  institutions  in Alaska.   At best  it will  reduce                                                              
some  types  of  financing by  financial  institutions  and  raise                                                              
rates.   It  will  be more  difficult  to finance  small  business                                                              
entities and it  will increase costs for the average  citizen.  He                                                              
urged  the committee  to  study this  legislation  to  see if  the                                                              
issues can be effectively addressed.                                                                                            
                                                                                                                                
Number 500                                                                                                                      
                                                                                                                                
MS. ANNIE HEFFELE,  Mat Valley Credit Union, said  she agrees with                                                              
Mr. Woods'  testimony.  HB 369 will  affect less than 8/10  of one                                                              
percent  of the  Mat  Valley Credit  Union  membership of  23,000.                                                              
Only  172 of  the 21,000  single family  homes in  the Mat  Valley                                                              
exceed a value of $250,000.                                                                                                     
                                                                                                                                
Number 489                                                                                                                      
                                                                                                                                
MR. GARY  STERTON, Alps  Credit Union,  noted that the  bankruptcy                                                              
code was put in  place to give individuals a fresh  start - not to                                                              
be  a financial  planning tool.    Mr. Sterton  said the  Internal                                                              
Revenue Service tax  code was not meant for the  bankruptcy arena.                                                              
Guidance  should come  from the public  policy  arena and not  the                                                              
Internal Revenue Code.                                                                                                          
                                                                                                                                
MR. STERTON expressed concern that  there has not been much public                                                              
input on HB  369.  The way this  bill is drafted, a  couple with a                                                              
revocable trust  could shield $1 million  equity in a home  and $1                                                              
million  in annuities  and  walk  out of  a bankruptcy  with  more                                                              
assets than  any of his  2300 members.  He  said it looks  like HB
369 is for a special few.                                                                                                       
                                                                                                                                
Number 463                                                                                                                      
                                                                                                                                
MS. SHARON KELLY, President of the  Alaska State Employees Federal                                                              
Credit Union  (ASEFCU),  explained that  the intent of  bankruptcy                                                              
was to keep consumers out of prison  and allow them a fresh start.                                                              
HB 369 now provides  those who file bankruptcy with  a safety net.                                                              
Ms. Kelly  said the stigma of  bankruptcy has diminished  over the                                                              
last few  years.  People  feel more free  to go bankrupt  and they                                                              
structure  bankruptcies.   The ASEFCU  takes  an aggressive  stand                                                              
against  bankruptcies  because  they  affect  the  other  members.                                                              
Losses  sustained in  bankruptcies  increase the  cost of  credit.                                                              
HB  369 could  allow a  couple to  walk  away with  $1 million  in                                                              
assets.  Bankruptcies are  not decreasing  in Alaska, contrary  to                                                              
earlier testimony,  they have increased slightly  and ASEFCU feels                                                              
they will  skyrocket if  HB 369 is passed.   ASEFCU  currently has                                                              
$10 million  in unsecured credit  that would have to  be re-priced                                                              
for the losses  that ASEFCU may sustain.  Another  area of concern                                                              
is  accessibility  to the  Internet  and  the ability  of  outside                                                              
institutions  to   offer  lower  rates  to  Alaskans.     Deferred                                                              
compensation  is  another  concern.   Public  employee  retirement                                                              
programs are exempted:  PERS, TRS and SBS.   Deferred compensation                                                              
is not.   ASEFCU has seen  two separate cases where  members defer                                                              
all of their income  into a shelter and then, unable  to pay their                                                              
bills, they have  gone bankrupt.  The bankruptcy  court threw both                                                              
cases out.                                                                                                                      
                                                                                                                                
MS. KELLY  said ASEFCU is opposed  to HB 369. She  asked committee                                                              
members to take a careful look at this legislation.                                                                             
                                                                                                                                
Number 436                                                                                                                      
                                                                                                                                
MR.  WIN  GRUENING,  Senior  Vice  President  with  Key  Bank  and                                                              
representing  the Alaska  Bankers Association,  noted it  would be                                                              
possible  under  public  policy to  consider  changes  in  current                                                              
exemptions, such as  the addition of medical savings  accounts and                                                              
condominium association  reserves, but the scope  and magnitude of                                                              
HB 369 go far  beyond that.  For instance, Sections  1 and 2 allow                                                              
property owners  to exempt up to  $250,000 each in  their personal                                                              
residence.   For a husband and  wife this amounts to  $500,000 for                                                              
their home.   It  is not based  on a value  of $500,000  but their                                                              
amount of  equity interest.   People will  also be able  to exempt                                                              
another  $250,000   in  the  cash  value  of   life  insurance  or                                                              
annuities, thereby  shielding assets  that might not  otherwise be                                                              
exempted.  There is no current federal  exemption in this category                                                              
and HB 369 proposes  to increase the existing  Alaska exemption by                                                              
over 20  times.  Since  this exemption  is for each  individual, a                                                              
husband and wife can use cash, liquidate  property, or purchase an                                                              
annuity or  life insurance policy,  thereby making it  exempt from                                                              
creditors.                                                                                                                      
                                                                                                                                
HB  369 is  not aimed  to help  the  average person.   $1  million                                                              
dollars in  assets could be  shielded very easily  from creditors.                                                              
This legislation  is clearly  aimed at  higher wealth  individuals                                                              
who will  be able to  make themselves  judgment proof.   These are                                                              
not people who need this type of protection.                                                                                    
                                                                                                                                
MR. GRUENING  said, in response  to the sponsor's  contention that                                                              
there will  be no  effect on financial  institutions, often  small                                                              
business owners  personally guarantee  their obligations  in order                                                              
to  financially  qualify  for a  loan.    HB  369 will  make  that                                                              
practice more difficult.  MR. GRUENING  urged committee members to                                                              
not pass this legislation out of committee.                                                                                     
                                                                                                                                
Number 383                                                                                                                      
                                                                                                                                
MR. ROBERT CROWTHER, bankruptcy practitioner  in Anchorage, stated                                                              
support for  HB 369.   Home equity is  one aspect of  a retirement                                                              
plan  and   a  substantial   homestead  exemption  protects   that                                                              
retirement  savings and  other tax  advantaged  investments.   The                                                              
typical person  who will  benefit has  been in  a home many  years                                                              
creating  equity  for  their  retirement.    Also,  auction  sales                                                              
frequently  produce  a  disappointing  price  and  the  damage  to                                                              
someone's finances  are greater than the benefits  that ultimately                                                              
come to creditors.   The deferred compensation  provision puts the                                                              
retirement  savings of state  employees on  a par with  retirement                                                              
vehicles used  by the private sector,  and Mr. Crowther  feels the                                                              
new liquid asset exemption is a good idea.                                                                                      
                                                                                                                                
Number 331                                                                                                                      
                                                                                                                                
MR. BOB  MCFARLAND said he has  done debtor market  and collection                                                              
work for credit  unions, banks and other entities.   There are two                                                              
types of  collections;  those with  a judgment  and those with  no                                                              
judgment.  A  collection with a judgment usually  means there is a                                                              
consensual   lien.      These  are   the   offsets,   non-judicial                                                              
foreclosures and UCC sales.  In each  of those events, there is no                                                              
attempt whatsoever  on the ability  of the credit unions  or banks                                                              
or other  secured creditors  to collect.   HB 369 will  not affect                                                              
the ability of the credit union,  bank, or other secured creditors                                                              
to collect.                                                                                                                     
                                                                                                                                
MR. MCFARLAND explained  there are three types  of collections for                                                              
a law suit: garnishment, collection  on the PFD, and executions on                                                              
real or personal property.  HB 369  will not affect the ability to                                                              
collect by garnishing wages.                                                                                                    
                                                                                                                                
MR. MCFARLAND  said the  only effect  HB 369 will  have is  on the                                                              
homestead exemptions.  He also feels  the situation is a non-issue                                                              
because it  clarifies that a property  exemption will not  be lost                                                              
because it is in a living trust.                                                                                                
                                                                                                                                
Number 296                                                                                                                      
                                                                                                                                
MS. DEE ENNIS,  an Anchorage attorney, said she files  one in five                                                              
bankruptcies in Alaska  and she supports HB 369.   She assured the                                                              
committee that she  does not deal with higher  income individuals.                                                              
Clients come to  her office in desperation and one  of their first                                                              
questions is, "Can I save my house?"   In the vast majority of her                                                              
cases, people  file bankruptcy for  one of the  following reasons:                                                              
uninsured  medical  expenses;  unemployment  or  under-employment;                                                              
seasonal employment;  small business  failure; divorce;  military;                                                              
or  because they  are elderly  or  displaced older  workers.   She                                                              
estimates  that less than  20 to  30 percent  of her clients  file                                                              
bankruptcy  because  of excess  consumer  spending.   The  average                                                              
person who files  bankruptcy in Alaska is the  average person with                                                              
substantial upset in employment, business, or health.                                                                           
                                                                                                                                
MS.  ENNIS  said  she  is  in  favor  of  an  increased  homestead                                                              
exemption.  She  said concern has been expressed  that HB 369 will                                                              
be abused by  people who will take  $100,000 of one asset  and put                                                              
it  in another  form  that is  protected  but  there is  extensive                                                              
judicial  oversight for  this type  of  activity called  exemption                                                              
planning or fraudulent conveyance.                                                                                              
                                                                                                                                
Number 266                                                                                                                      
                                                                                                                                
MR.  THOMAS YERBICH,  an Anchorage  attorney,  made the  following                                                              
comments.   Citizens are  encouraged to  make adequate  provisions                                                              
during their employment  years for retirement so that  they do not                                                              
become public charges.  HB 369 furthers  that goal.  For Alaskans,                                                              
a home not  only provides physical  family shelter but it  is also                                                              
the most significant  and valuable financial asset  they will own.                                                              
A substantial proportion of their  net worth involves their homes.                                                              
For  many, home  equity  is a  form of  long-term  savings and  an                                                              
informal retirement  plan.   Homeowners represent almost  one-half                                                              
of bankruptcy filers.   The majority of homes owned  by debtors in                                                              
bankruptcy are encumbered  by at least one mortgage  and often two                                                              
or three  mortgages or liens  are attached  to the property.   Few                                                              
have  an equity  in  their  residences  that exceeds  the  current                                                              
limit.  On  the other hand,  the current exemption limit  tends to                                                              
discriminate  against  elderly  homeowners  and  frustrates  their                                                              
savings efforts  because they are more  likely to have built  up a                                                              
greater  portion of  equity than  their  younger counterparts  who                                                              
have  greater  earning  potential   ahead.    The  amount  of  the                                                              
exemption  must reflect  the fact  that  the homestead  is both  a                                                              
physical shelter and a long-term savings device.                                                                                
                                                                                                                                
Medical  savings accounts  and deferred  compensation  are not  an                                                              
issue because they provide parity  for employees of non-tax paying                                                              
employers.  There is no reason to  treat employees of governmental                                                              
units or non-profits  differently from employees  of profit making                                                              
businesses.                                                                                                                     
                                                                                                                                
Regarding annuities  and liquid assets, most people  in Alaska are                                                              
employed  by  small  businesses,  not  the  "oil  patch."    Small                                                              
businesses  do not provide  company-funded  pension plans  or even                                                              
employee 401(k)  plans.  These  individuals can purchase  IRAs but                                                              
IRAs provide little supplement to  social security benefits.  Many                                                              
turn to other forms: annuities, savings  accounts, mutual funds or                                                              
small    stock   brokerage    accounts    to   fund    retirement.                                                              
Unfortunately, experience  has shown  that these very  same people                                                              
are  the   most  vulnerable   to  experiencing  severe   financial                                                              
distress.   They  are more  likely to  suffer job  loss and  incur                                                              
unexpected expenses.                                                                                                            
                                                                                                                                
MR. YERBICH  noted that  concern has  been raised that  increasing                                                              
the exemptions  will increase  the number  of bankruptcy  filings.                                                              
According  to  the  1997  National  Bankruptcy  Review  Commission                                                              
report, economists  and legal scholars repeatedly  have found that                                                              
larger  property  exemptions or  debtor-favoring  bankruptcy  laws                                                              
have  not  caused  increases  in   bankruptcy  filings.    A  1994                                                              
Administrative Office  of the U.S. Courts Working  Paper indicated                                                              
that   states  with   generous   exemptions   often  have   higher                                                              
proportions  of Chapter 13  filings than  states with more  meager                                                              
exemptions.  In  this vein, one must keep in mind  that chapter 13                                                              
generally  results in a  higher recovery  for unsecured  creditors                                                              
than does a  Chapter 7.  It is  more likely that the  impact of HB
369  will  be  to increase  the  number  of  Chapter  13  filings,                                                              
increasing recovery  by unsecured creditors.   People over  55 are                                                              
the  most vulnerable  to serious  financial  difficulties, due  to                                                              
medical expenses, and they are the  most likely to be protected by                                                              
HB 369.  He urged the committee to pass the bill.                                                                               
                                                                                                                                
Number 180                                                                                                                      
                                                                                                                                
MS. NANCY  USERA, Alaska  USA Federal Credit  Union, said  she has                                                              
sent the committee  a letter stating her position on  HB 369.  She                                                              
asked committee  members  to consider  who HB  369 protects.   She                                                              
noted Alaska USA  Federal Credit Union has taken  over $10 million                                                              
in  losses  over  the  past  six   years  directly  associated  to                                                              
bankruptcies.  She  said HB 369 goes beyond the  average Alaskan's                                                              
assets and earnings.   She volunteered to work  with the committee                                                              
and the sponsor of the bill during  the interim to bring the state                                                              
bankruptcy code up to date.                                                                                                     

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