mr. speaker , i support equitable reform of our nation 's bankruptcy laws . 
i recognize that there has been abuse of our bankruptcy system , and that reform is needed . 
i think we can all agree that those who can afford to should pay their creditors back -- that they should be responsible for their debt . 
those debtors who charge thousands of dollars on luxury items prior to declaring bankruptcy , should be held accountable . 
it is contrary to our values as americans -- this idea that some people are able to abandon their debts by gaming the system . 
their actions are not fair to the vast majority of americans who work hard to pay their debts in full , and congress should act to limit irresponsible use of our bankruptcy system . 
i have in the past supported reasonable bankruptcy legislation , and although this bill does contain some good provisions , i regret that i can not vote for the bill before the house today . 
s. 256 would make it more difficult for individuals and families who have suffered bona fide financial misfortune to get a fresh start . 
it does so by establishing a rigid means test to determine if an individual is eligible for chapter 7 relief . 
regardless of the circumstances that led the individual to seek bankruptcy , the court is not permitted to waive the means test . 
in other words , `` one strike , you 're out. '' i am disappointed that we did not add some reasonable flexibility measures to the `` means test. '' the stated purpose of the bill 's means test is to prevent consumers who can afford to repay some of their debts from abusing the system by filing for chapter 7 bankruptcy . 
it makes sense to require those who are able to repay their debts to do so . 
however , there are some situations that warrant an exception to the means test . 
what are the reasons that individuals seek what we call `` bankruptcy protection ? 
`` harvard law school recently researched bankruptcies and found that nine out of ten persons filing bankruptcy have faced job loss , severe health problems , divorce or separation . 
illness or medical bills drove nearly half of these filings . 
unfortunately , the bill before us does not offer any relief in these or other tragic circumstances . 
i voted against the rule because it provides the house no opportunity to vote on amendments that would allow a court to consider extreme circumstances that might have led to bankruptcy filings . 
i am disappointed that here in the house , the judiciary committee failed to close a popular loophole used by the very wealthy to shield millions of dollars by setting up asset protection trusts . 
if the majority were truly interested in creating a more fair bankruptcy system for all americans , this would have been included in the bill . 
the judiciary committee also failed to rein in some of the practices of credit card companies that are in part responsible for the rise in bankruptcy filings . 
they refused to provide credit card users with more detailed information to assist them in handling debt . 
why not help consumers understand the consequences of their financial decisions , such as making only the minimum payment each month , so that they can avoid some of the missteps that can lead to higher debt ? 
we do need bankruptcy reform , and i wish that we had an opportunity to address many of these valid concerns . 
i want to address the concerns of elderly americans . 
the number of senior citizens in bankruptcy tripled from 1992 to 2001 , representing the largest increase of any group of americans . 
according to the baltimore city department of aging , bankruptcies among elderly city residents have increased by nearly 50 percent over the past year . 
their costs of living are increasing steadily , including their rent , food , and heating costs . 
many of them routinely use credit cards to cover their daily expenses . 
they are not spending frivolously -- they are just getting by . 
during previous congresses when this bill was considered , employers were less likely to file for bankruptcy to shed health care and pension obligations to their retirees . 
more than one million americans have had their pension plans taken over by the pension benefit guarantee corporation . 
from 2003 to 2004 alone , 192 plans were taken over by the pbgc . 
these retirees have seen their benefits reduced and so they must pay more for health care . 
but they have not had their debts reduced accordingly . 
an amendment in the other body that would have required companies that dropped retiree health benefits to reimburse each affected retiree for 18 months of cobra coverage upon reemerging from bankruptcy was defeated . 
many seniors who do not yet qualify for medicare or who have prohibitively high copays also pay medical bills and prescription drug costs with credit cards . 
often they skip dosages or forgo care entirely because they can not afford it . 
we know the result , which is that many end up with much more severe conditions and many wind up in nursing homes . 
that translates into greater burdens on our federal and state budgets , and higher costs for us all . 
i am disappointed that the victims of identity theft can not seek relief under this bill . 
we have just learned that between choicepoint and lexis-nexis , thousands of individuals have been the victims of identity theft . 
in the last few years , the ways and means committee has held fifteen hearings on a bill to reduce social security number theft , and last year , we reported out a responsible bipartisan bill , but it was not brought to the floor . 
this year , i am again an original cosponsor of this bill , but it is not yet law , and so virtually every american remains at great risk for identity theft . 
unfortunately , our vote on the previous question -- to allow bankruptcy judges to take into consideration the fact that persons are forced into bankruptcy because of identity theft -- was defeated . 
mr. speaker , i want to vote for an equitable bankruptcy reform bill . 
so many americans have been driven into bankruptcy not from a desire to game the system , but because of circumstances beyond their control . 
this legislation fails to adequately protect their legitimate needs . 
it is because of them that i must vote against this bill . 
