Tuesday August 29, 3:58 AM
Bankruptcies fall to five-year low
By Jonathan Stempel
NEW YORK (Reuters) - U.S. bankruptcy filings fell to a five-year low as a tougher federal law made it more difficult for people to seek protection from creditors.
There were about 1.48 million personal and business bankruptcies in the year ending June 30, down 9.3 percent from the prior year, according to data released Monday by the Administrative Office of the U.S. Courts.
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Individual filings fell 9.5 percent to 1.45 million, while business filings declined 2.6 percent to 31,562. Total filings fell to the lowest level since the year ending September 2001, when there were 1.44 million.
Filings are down because a law that took effect last October 17 increased filing costs and requirements, and made it tougher for many individuals to have their debts excused. Credit card issuers championed the new law, saying old laws encouraged abuse.
The Bankruptcy Abuse Prevention and Consumer Protection Act constituted the biggest overhaul to U.S. bankruptcy laws since 1978. Filings surged ahead of the law as people sought protection sooner than they otherwise might have, but have since plummeted.
"This could be the slowest year for filings since the 1980s," said Henry Sommer, president of the National Association of Consumer Bankruptcy Attorneys, in an interview. "We're still working off the excess from last year's surge, which is why the numbers are down only a little from last year."
There were 542,002 filings from July to September 2005, and 667,431 in the following quarter, mostly before October 17.
Filings, however, plunged to 116,771 between January and March, and rebounded only to 155,833 between April and June.
The mix of filings has also changed.
About 60 percent of individuals now file under Chapter 7, which can let people wipe out their debts, down from roughly 80 percent in the four months leading up to the new law. Others use Chapter 13, which requires debt repayments.
In the law's biggest change, a "means test" requires debtors to use Chapter 13, not Chapter 7, if they earn more than the median income in their states, and can repay some of their debt.
But critics have said most filers are not trying to escape debt, but instead suffer from job loss, divorce or large medical bills, or are burdened with high interest rates and fees.
Sommer said filings should rise from recent low levels as consumers face rising credit card, energy and housing costs.
"What I'm hearing from bankruptcy lawyers is they are getting more calls," he said.
According to the Administrative Office, California had the most bankruptcy filings in the year ending June 30, with 117,622. Ohio was next with 98,775, followed by Texas at 86,794, New York with 77,398 and Illinois, 76,570.