Posts Tagged ‘Bankruptcy Filings’

Bankruptcy trends till March 2010

Friday, June 18th, 2010

As per the reports published by NBKRC (National Bankruptcy Research Center), bankruptcy filings in 2010 have been significantly higher as compared to 2009. The bankruptcy filings are about 15% higher during the first 5 months in 2010, in comparison to the same time period in 2009.

Recent researches reveal that the bankruptcy filings are highest in the Southeast and the Southwest region. Nevada and Georgia have topped the list of household-adjusted bankruptcy filing rates, whereas lowest filing rates have been in the District of Columbia, Alaska and South Carolina.

Industry experts are of the view that the recent economic downturn (2007-2009) has led to more number of bankruptcy filings, especially among the middle-class people. As per the National Bankruptcy Research Center, personal bankruptcy filings have hit 1.41 million in 2009 that is 32% more from the year 2008.

In the 12-month period that ended in 31st March 2010, the bankruptcy filings have increased by about 27% as compared to that of 2009. As per the statistics released by the Administrative Office of the US Courts, there have been a total of 1,531,997 bankruptcy filings in the 12-month period that ended in 31st March 2010. It is significantly more than that the bankruptcy filings in the 12-month period that had ended in 31st March 2009. The figures show highest consumer-bankruptcy filings since 12-month period that had ended in March 31 2006, when the BAPCPA (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) had come into effect.

Attorneys, who help people to file bankruptcies, have noticed certain bankruptcy trends in the recent times. The trends are discussed below.

  • More Chapter 7 filings in recent times: The bankruptcy trends in 2009 and 2010 reveal that Chapter 7 bankruptcy filings are much more as compared to Chapter 13 bankruptcy. Chapter 7 filings have risen to about 34% in May 2010 in comparison to March 2009; whereas, Chapter 13 filings have risen to about 12% in the same time period.
  • High income/employed people filing more: A few years back, people earning between $(40,000 – 80,000) annually used to file bankruptcy. However, in the recent times, bankruptcies are comparatively more common among people earning high-income salary, as much as 6 figures annually. Due to economic downturn, many people have either lost their jobs or had to manage with relatively smaller paychecks.  So, according to industry experts, people are yet to adjust their lifestyle as per their smaller paychecks and they’re also struggling to pay off debts.

The trend also reveals that employed people are filing more in comparison to those who’ve lost their jobs. This may be due to the fact that the home values have fallen significantly month after month and the homeowners have lost the hope that the property values would recover soon. As a result, the homeowners are filing for bankruptcy in order to get out from their upside-down mortgage. As per industry experts, bankruptcy filing may continue to rise more in the rest of 2010.

As per the reports published by NBKRC (National Bankruptcy Research Center), bankruptcy filings in 2010 have been significantly higher as compared to 2009. The bankruptcy filings are about 15% higher during the first 5 months in 2010, in comparison to the same time period in 2009.   Recent researches reveal that the bankruptcy filings are highest in the Southeast and the Southwest region. Nevada and Georgia have topped the list of household-adjusted bankruptcy filing rates, whereas lowest filing rates have been in the District of Columbia, Alaska and South Carolina.    Industry experts are of the view that the recent economic downturn (2007-2009) has led to more number of bankruptcy filings, especially among the middle-class people. As per the National Bankruptcy Research Center, personal bankruptcy filings have hit 1.41 million in 2009 that is 32% more from the year 2008.  In the 12-month period that ended in 31st March 2010, the bankruptcy filings have increased by about 27% as compared to that of 2009. As per the statistics released by the Administrative Office of the US Courts, there have been a total of 1,531,997 bankruptcy filings in the 12-month period that ended in 31st March 2010. It is significantly more than that the bankruptcy filings in the 12-month period that had ended in 31st March 2009. The figures show highest consumer-bankruptcy filings since 12-month period that had ended in March 31 2006, when the BAPCPA (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) had come into effect.   Attorneys, who help people to file bankruptcies, have noticed certain bankruptcy trends in the recent times. The trends are discussed below.

  • More Chapter 7 filings in recent times: The bankruptcy trends in 2009 and 2010 reveal that Chapter 7 bankruptcy filings are much more as compared to Chapter 13 bankruptcy. Chapter 7 filings have risen to about 34% in May 2010 in comparison to March 2009; whereas, Chapter 13 filings have risen to about 12% in the same time period.
  • High income/employed people filing more: A few years back, people earning between $(40,000 – 80,000) annually used to file bankruptcy. However, in the recent times, bankruptcies are comparatively more common among people earning high-income salary, as much as 6 figures annually. Due to economic downturn, many people have either lost their jobs or had to manage with relatively smaller paychecks.

So, according to industry experts, people are yet to adjust their lifestyle as per their smaller paychecks and they’re also struggling to pay off debts.  The trend also reveals that employed people are filing more in comparison to those who’ve lost their jobs. This may be due to the fact that the home values have fallen significantly month after month and the homeowners have lost the hope that the property values would recover soon. As a result, the homeowners are filing for bankruptcy in order to get out from their upside-down mortgage. As per industry experts, bankruptcy filing may continue to rise more in the rest of 2010.

OC Chapter 7 Bankruptcy Filings for September 2009

Monday, October 5th, 2009

Orange County Chapter 7 bankruptcy filings for September continue to rise in 2009.

The cities with the most Chapter 7 bankruptcy filings in Orange County in September are as follows:

Anaheim, Costa Mesa, Fullerton, Garden Grove, Huntington Beach, Irvine, Lake Forest, Mission Viejo, Orange, and Santa Ana.

Bankruptcy attorneys in Orange County affirm the report’s finding that the increase in Chapter 7 bankruptcy clients has not slowed so far in 2009.

Orange County Chapter 7 Bankruptcy Filings for July 2009

Wednesday, August 5th, 2009

Chapter 7 bankruptcy filings are on the rise in Orange County, but some cities are seeing higher numbers of filings than others.

The top ten cities in Orange County with the most Chapter 7 Bankruptcy filings for the month of July are as follows:

Aliso Viejo, Anaheim, Buena Park, Fullerton, Garden Grove, Huntington Beach, Irvine, Mission Viejo, Orange, and Santa Ana.

Irvine Lender with $1 Billion in Assets Files for Bankruptcy

Monday, January 12th, 2009

From the Orange County Register online:

“BNC Mortgage, an Irvine-based subprime lender, filed for bankruptcy today to wind down its assets along with its parent Lehman Brothers, which also is bankrupt, reports Bloomberg.

The lender listed assets and debt of more than $1 billion each in its Chapter 11 petition in Manhattan. Here’s more from Bloomberg:

Lehman bought the unit, which specialized in subprime loans, in 2004, bringing it into the business which eventually led to the company’s demise. Lehman filed the biggest bankruptcy ever on Sept. 15, listing debt of $613 billion.

BNC joins another Lehman unit, Luxembourg-based Luxembourg Residential Properties Loan Finance, which filed for court protection in New York on Jan. 7. Both units want their bankruptcies consolidated with Lehman’s, according to court documents.

Consolidation is necessary ‘to experience a smooth transition into Chapter 11 with a minimum of delay, cost, and expense for the benefit of all parties in interest,’ lawyers for BNC Mortgage said in court documents.

BNC Mortgage, along with another acquisition, Aurora Loan Services LLC, were used by Lehman to create a steady flow of debt to package into bonds. In the first quarter of 2006, BNC was lending more than $1 billion a month.

Lehman closed the unit on Aug. 22, exiting the subprime business as it declared that the U.S. housing recession was far from over. Subprime loans, made to homebuyers with weak or limited credit histories, were cited by Lehman in its bankruptcy filing.

Luxembourg Properties and BNC Mortgage will seek consolidation with the Lehman case at a hearing Jan. 14.”

Other subprime lenders from the area that have been hit hard during this economic crisis include Option One Mortgage Company (headquartered in Irvine), BNC Mortgage (also headquartered in Irvine), and Argent Mortgage Co. (based in Orange).

Whether seen in the increase in Chapter 7, consumer bankruptcy filings or in the high-profile bankruptcy reorganization of a billion dollar company, it is clear that this crisis is still hitting Orange County hard. While mom and pop shops in cities like Lake Forest, Tustin, and Laguna Hills are struggling, so too are the corporations in Irvine and Newport Beach.

Chapter 7 Bankrutpcy Filings for Orange County, December 2008

Friday, January 9th, 2009

Bankruptcy lawyers are needed in many cities, but perhaps in some more than others.

The Orange County cities with the most chapter 7 bankruptcy filings for the month of December, 2008, are as follows: Anaheim, Buena Park, Costa Mesa, Fullerton, Garden Grove, Huntington Beach, Irvine, Mission Viejo, Orange, and Santa Ana. Orange County cities that also had a high number, especially considering their relative population, include Laguna Hills, San Clemente, and San Juan Capistrano.

The total number of Chapter 7 bankruptcy filings in the Santa Ana Bankruptcy Courthouse during December 2008 was 605.

During Credit Crunch, Bankruptcy Difficult to Avoid

Monday, November 17th, 2008

Last month saw a 34% growth in bankruptcies filings, as compared to cases filed in October 2007. According to the New York Times, this increase in the number of bankruptcy filings is due in large part to the specific nature of this particular economic crisis. Besides the usual reasons why people look for bankruptcy protection, such as job loss, medical bills, divorce, the central reasons for the increase in Chapter 7 and Chapter 13 bankruptcy filings during this economic crisis have more to do with the abrupt drop of home values, unstable incomes, and the “credit crunch”.

It seems that more people are turning to bankruptcy lawyers during this economic downturn than during the tech bust because of how the mortgage crisis has affected the lending practices of financial institutions. Essentially, where debtors used to be able to avoid bankruptcy by obtaining more credit, and tried to stay afloat for a while longer, the current “credit crunch” has made it nearly impossible for many to obtain new credit cards, refinance their home mortgages, or get a home equitiy line of credit, due to the banks’ pull back on lending. This has, in turn, driven many debtors to file for bankruptcy that would have otherwise avoided it. This does not mean that many people aren’t trying their best to avoid filing, as seen in a key statistical comparison to the filings in 2001.

In recent studies, it was shown that the typical family who filed for bankruptcy in 2007 carried 21% more secured debt and 44% more unsecured debt than people who filed in 2001, even though average income among those filing for bankruptcy remained static over those six years. So although income stayed the same, debt rose, illustrating the attempt by debtors to put off bankruptcy as long as possible while trying to get back on their feet. Studies also show that filings increased mostly in places where real estate values skyrocketed and then crashed, including Irvine, Laguna Beach, and Mission Viejo in Orange County, as well as Corona, Murrieta, and Temecula in Riverside County.

Although filing for bankruptcy and hiring an attorney is not anyone’s idea of a good time, for many Orange County, Riverside County, and San Bernardino County residents it’s the most sensible solution to get their financial sanity back, and the best path toward a well deserved fresh start.

To read the NY Times article, click here

Bankruptcies Surpass the 100,000 Mark for October

Tuesday, November 4th, 2008

This October, for the first time since the Bankruptcy Code was changed in 2005, more than 100,000 people filed for bankruptcy in a single month. Accounting for both businesses and individuals alike, the month of October yielded 108, 595 bankruptcy filings in the U.S. This number is an increase of 13% from the month of September.

Although the revision to the Bankruptcy Code in 2005 led to a reduced average number of bankruptcies during the past three years, the financial problems created by this year’s mortgage crisis and credit crunch have made filing for bankruptcy a necessity for many businesses and individuals who might have tried to avoid it at all costs in the past.

For more information: “Bloomberg Article”