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44 August 20 • 2015
ere you one of the 24 mil-
lion who tuned into the
GOP debate earlier this
month? Similar to the media frenzy
leading up to the debate, the post-
debate focus has been another frenzy
focused on Trump's remarks about
Megyn Kelly — rather than on the
issues or the competency of the candi-
dates.
Looking back to the debate, I was
rankled (but not surprised) by the ques-
tion posed by Chris Wallace to Trump
as to whether he could be trusted to run
the country after several of his compa-
nies filed bankruptcy.
In a national debate, it would be
nice if the moderators' questions were
designed to force the candidates to
explain their position on the issues
our nation faces rather than to attack
a particular candidate (Trump was not
alone). Unfortunately, the moderators
appeared motivated to advance their
"brand" on TV by creating the greatest
buzz rather than to allow us to learn the
candidates' positions on the real issues.
Wallace's question
disturbed me because
its underlying premise is
that if someone elects to
file bankruptcy, he or she
must be incompetent from
a financial perspective
and incapable of being a
leader. Wallace inferred
that Trump's actions were
wrongful and his question
implied that there still is a
"stigma" to filing bankrupt-
cy. While Wallace is correct
that to some (and to him) the stigma
still exists; it should not.
Trump's response that he uses the
laws that exist to his advantage — as
many other successful people do — was
true but could have been better.
The bankruptcy laws exist for a good
reason: to allow businesses and individ-
uals who are faltering to resolve their
debts and move on. It is the responsi-
bility of every individual — both the
businessperson and the man or woman
working day to day — to take the steps
they can to preserve future income for
their family and their business.
The bankruptcy laws are not here
to allow people to "take advantage"
They are here to allow our economy the
flexibility it needs so that when an indi-
vidual or a business has a problem, you
can stop the bleeding and move forward
in a productive manner. If you are a
passenger on a sinking ship, the goal is
not to go down with the ship. The goal
is to survive and move forward and be
productive again — and that's essential
for our nation's economic growth.
Over the last 61/2 years (from 2009
through July 2015) more than 8 mil-
lion Americans filed bankruptcy. On
average, that is 1.2 million per year.
America's adult population (over age
25) is 213 million people. Thus, over
the last 61/2 years, 3.76 percent of the
adult population has filed for bank-
ruptcy relief. They did so because it was
the necessary thing to do.
I welcomed Trump's
response because it made the
point that the bankruptcy
laws are a business tool to be
used when appropriate. The
same tool that GM used, that
Chrysler used, that American
Airlines and many national
airlines have used — as well
as Trump — to right the ship
and move forward applies for
individuals and the small to
mid-size businessperson.
To me, Chris Wallace's question to
Trump, while designed to embarrass
and put him on the spot, was an insult
to the millions of people who have filed
bankruptcy, people who found them-
selves in an untenable spot and took the
proper action to right their ship.
Here's my suggestion to the modera-
tors at the next debate. Stop thinking
about your brand and start thinking
about your audience when you pose
questions. We're interested in learning
about the candidates.
❑
Ken Gross is an attorney with Thav Gross
and host of Law and Reality that airs
weekly at 9 a.m. Saturdays on WDFN 1130
AM, "The Fan," and 11 a.m. Sundays on
TV20.