There are many groups still fighting the recent changes in the bankruptcy laws, including (no surprise) several law schools. So how are they continuing the fight for their cause? Why by confusion through statistics, of course.
While the percentage of small businesses failing may be dropping, the number of failures is increasing. Given the fact that the number of business start-ups per year has grown from 200,000 in the mid-1900s to over 3.2 million today, it is no surprise that the number of bankruptcies is up. And given the improvement in preparation that many entrepreneurs are now able to receive in the form of training, education, counseling and support materials it also is not surprising that success rates are up.
However, that is not even the point. Bankruptcy is a social issue as well as a legal issue. Business failure is traumatic and unfortunate. But, how the owners approach their obligations after a failure speaks volumes about their character. The increasingly casual attitude so many have toward financial obligations signals the deterioration of a key part of our culture and our social contracts we share with each other. A free culture is built upon the collective characters of its citizens. When we abdicate more and more of what was once the domain of our character to the law, we drift away from our freedom.
A free society is built upon trust. The lawyers do not create the increases in litigation and bankruptcies. They are just those who come behind our parade and clean up the mess we leave behind. If our society is sound and just there will be less for the lawyers to scoop up. When we defer to lawyers and the government and do not take responsibility for our own messes, we enter the spiraling decline we now see in our society and our culture. Legislation, litigation and the courts should never be the foundation of culture. That should be the stuff of our character and our shared values.
Our freedoms are vanishing. And through our actions, and more importantly our inactions, we are hastening this process.
Creating Confusion with Statistics
A couple of weeks ago I wrote about the differing views on the new U.S. bankruptcy laws, here and here. Do they help or hurt small businesses? The conclusion I reached was like a line in a Paul Simon song:…