A bankruptcy-related poll at MSNBC asks: “Will new bankruptcy laws curb Americans' spending habits?” The choices are (1) Yes, it's a good deterrent and will rein in reckless spenders and (2) No, spendthrifts will overspend no matter what the law says.

What's the correct answer? Neither. The poll is predicated on the hackneyed premise that the average American bankruptcy filer is a spendthrift whose unchecked pursuit of luxury goods is the root cause of her bankruptcy. If that were true, bankruptcy reform would be easy. But it isn’t true. The research has been overwhelming. About 90% of those who file for bankruptcy do so after a job loss, a serious medical problem or a family break up. How about a poll on that?

• “Will the new bankruptcy laws help Americans keep their jobs?”
• “Will a change in bankruptcy law cause more people to stay away from the emergency room when they feel chest pains?”
• “Will the new bankruptcy laws cause more husbands and wives to stay together - or, better yet, cause fewer spouses to die?”

Part of the reason the fight against this bill has been an uphill battle is the widespread but false presumption that Americans go bankrupt because they purchase bigger televisions, bigger cars and bigger homes. Even though that assertion bears no relationship to the empirical evidence, the bill’s proponents asserted it as if it were unquestioned truth - and some of the media parroted the view, no questions asked (see the poll).

Whether you identify as a progressive, a moderate or a (compassionate?) conservative, it’s important to get the facts right. The fact is that for every hypothetical spendthrift or abuser the new law reigns in, it will adversely impact scores of real, hard-working, middle class folks who are down on their luck and desperate to get on with their lives.