Posts Tagged ‘Chapter 13 bankruptcy’

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.

Bankruptcy Bill Update: Possible Restrictions on Cramdown Measure

Tuesday, March 3rd, 2009

The Orange County Bankruptcies Blog is paying special attention to the developments with the bankruptcy legislation presently being debated in Congress, as the outcome of these debates will impact Orange County bankruptcy attorneys and Orange County residents seeking the help of a bankruptcy attorney to a great degree.

From the Wall Street Journal online:

“House Democrats are discussing a new restrictions to a controversial measure that would allow strapped borrowers to have their mortgage debts reduced in bankruptcy, people familiar with the matter said.

After pushing a set of changes last week, lawmakers are discussing whether to tighten language in the legislation to clarify that Chapter 13 bankruptcy is a last resort only after efforts at voluntary mortgage modifications fail.

The negotiations are designed to win the approval of centrist Democrats uncomfortable with the concept. They have exposed a rift between liberal Democrats and the more business-friendly wing of their party.

The measure is a central plank of the Obama administration’s strategy to right the housing market. Proponents say it will act like a cudgel that will encourage mortgage companies to voluntarily take advantage of government-backed financial incentives to modify loans.

Under the legislation, bankruptcy judges would be able to reduce the principal amount of mortgage loans for struggling borrowers — a process dubbed “cramdown.”

The banking industry warns such a move will raise borrowing costs for all homeowners and clog the bankruptcy courts, prompting judges to write off tons of other consumer debt just when lenders are reeling from the financial crisis.

The legislation’s fate remains up in the air after Democratic leaders last week postponed a vote on the measure until Tuesday after support softened among some of the rank-and-file. That vote is now likely to happen no earlier than Wednesday due to a snowstorm that disrupted the House schedule.”

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