Here’s an article from the Rocky Mountain News regarding the onslaught of bankruptcy filings.
As new rules loom, debtors in single day file 433 fresh cases
By John Accola, Rocky Mountain News
October 4, 2005
Record day, record month, record year.
A stampede of debt-laden consumers on the last day of the month broke the charts Friday in Denver’s U.S. Bankruptcy Court.
Bankruptcy Clerk Brad Bolton said Sept. 30 marked the court’s largest number of filers in a single day – 433 fresh cases – and also exceeded previous record highs for the month and year.
“It’s the No. 1 day of all time here, and I bet it won’t last a week,” Bolton said.
Bolton said he expects the figures to keep climbing as debtors rush to file before a new and stricter bankruptcy law takes effect Oct. 17.
This year, with three months remaining, Colorado filings totaled 28,093 on Friday. That compares with 27,993 filings for all of 2004.
For the month, September showed 5,432 filings, a 131 percent jump over September 2004.
Overall, bankruptcies are up 31.2 percent from a year earlier.
To declare bankruptcy, consumers whose debts total more than their net worth must also show that living expenses and monthly bills exceed their income.
The new bankruptcy law, however, will make it more difficult – and expensive – to go through the bankruptcy process, with higher bankruptcy filing fees and added requirements, such as mandatory credit counseling and debt education.
The extra legal hoops are designed in part to steer people away from Chapter 7 bankruptcy, where most debts can be wiped out entirely, to a less forgiving Chapter 13. In a Chapter 13, the bankruptcy court requires debtors to set up a plan to repay a percentage of their debts over five years.
An income “means test” presumably will prevent debtors with above-average incomes from filing a Chapter 7. In Colorado, a couple whose income exceeds $54,187 would likely have to file Chapter 13, according to the new rules.
Josh Stritecky, an attorney at Methner & Associates in Denver, was in bankruptcy court recently lugging a bag overloaded with bankruptcy files. Stritecky said he and his colleagues have been working seven days a week to keep up with the flurry of cases.
“It’s been crazy,” he said.
He said credit-card debt is just part of the picture. A lot of the cases involve job loss, huge unforeseen medical bills and divorce.
One woman, a legal assistant in Denver who makes about $50,000 a year, said she wouldn’t qualify for Chapter 7 after mid-October. She declined to provide her name for this story because she feared her career would be affected by the stigma associated with bankruptcy. She was faced with repaying about $15,000 in credit-card debt, $10,000 for a student loan and two mortgages totaling roughly $125,000, according to her filing. She only had $50 in her checking account and $50 cash, according to the filing, made in August. She said she believed she would never fully pay off her debts.
“I just couldn’t cut it,” she said. “I’ll never take out a loan for anything again in my life.”
The law also takes aim at business bankruptcies. Denver attorney Brent Cohen, a commercial bankruptcy specialist, said retailers filing for bankruptcy – either to reorganize or to liquidate – could have a harder time keeping store leases.
Cohen said the new law favors commercial landlords, in some cases allowing them to break their rental agreements with a bankrupt tenant. Current law allows bankrupt businesses to sell those leases as an asset and even remain on the premises for years until a reorganization plan is approved.
Tighter deadlines will give business tenants fewer breaks.
“If you have a landlord resisting the debtor’s efforts . . . and the debtor needs additional time to organize, that can be a very difficult deadline to live with,” Cohen said.
accolaj@RockyMountainNews.com or 303-892-2666.
Copyright 2005, Rocky Mountain News. All Rights Reserved.