> But if you're not desperate and you took money from someone else and can't pay it back? Theft.

Bankruptcy is a civil matter, not a criminal matter. Charging somebody with theft, whether appropriate or not, does not resolve the civil debt. So, they are convicted of theft and still haven't paid back their debt. Then what? Fine them? Seems pointless in a bankruptcy situation. Indentured servitude? Slavery is not ever a winning argument. Debtors' prison? That just shifts the indentured servitude to the state, has been tried extensively throughout history, and doesn't actually make things better. Bankruptcy as as solution acknowledges that the situation is unwinnable and starting over from nothing, with a public notice to others to be wary about extending credit, is likely the only way out.