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    Bankruptcys up

    WASHINGTON - Bankruptcy filings jumped 38 percent last year compared with 2006, as many consumers struggled with higher mortgage payments and other debt loads, a nonprofit group said Tuesday.

    The increase follows a significant drop in bankruptcy filings in 2006, after a new law made it more difficult for consumers to seek bankruptcy protection from creditors.

    Total bankruptcy filings rose to 850,912 in 2007, from 617,660 the previous year, the American Bankruptcy Institute said, citing data from the Administrative Office of the U.S. Courts.


    The ABI, whose members include lawyers, bankers, judges and lenders, in January had estimated that filings increased 40 percent based on data from a private research group.

    Despite the increase, that's still below the levels earlier this decade, when bankruptcies averaged 1.5 million annually.

    Consumer bankruptcy filings rose to 822,590, up 37.6 percent from 597,965 in 2006. Business bankruptcies, meanwhile, increased 44 percent to 28,322 last year from a record low of 19,695 in 2006, the ABI said.

    Business filings averaged 35,293 in the decade ending in 2007, the ABI said.

    Retailers are among those that have been hard hit by the economic slowdown, and many have filed for bankruptcy protection, including Sharper Image Corp. and Lillian Vernon Corp.

    The largest increases in filings came from California and Nevada, the ABI said, where the real estate bust has hit particularly hard. Bankruptcy filings jumped 98.5 percent in Nevada, the group said, while they increased by almost 94 percent in the federal court district in eastern California, which includes Sacramento and Fresno.

    According to the report, the 10 states with the highest per capita filing rates were: Tennessee, Georgia, Alabama, Indiana, Michigan, Ohio, Nevada, Arkansas, Kentucky and Mississippi.

    Hope theres no line at my 341.................
    Filed August 15th 2008
    Discharged:12/08/2008
    Closed: 2/23/2009

    #2
    This story was published April 15, 2008 - you can find it at http://www.msnbc.msn.com/id/24148615/
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      I have a friend who is a BK attorney. He told me this weekend that his business is booming.

      A year ago, he was lucky to get one new prospective client appointment a day. Now, he's getting 10 a day. On his drive home from his office Friday night, he got 4.

      He said it seems to be getting as busy as it was prior to the 2005 effective date of the new law.

      Comment


        #4
        BK is up in my area too.

        Comment


          #5
          wish i was a bk lawyer !

          catchmeifyoucan
          July 2006: Filed Ch13 :blink:
          Oct 2006: Converted to Ch7 :clapping:
          Jan 2007: DISCHARGED :clapping:
          Nov 2007: CLOSED :yahoo::yahoo::yahoo:

          Comment


            #6
            This doesn't surprise me...

            Everytime we go into our attorney's office to drop off paperwork, the office is packed...probably 25 people.....anytime of day!

            It's crazy....and a little sad.
            Filed Chapter 7: 3-22-08
            341 Meeting: 5-15-08 It went great!!!
            Last day for objections: 7-14-08
            Discharged and Closed: 7-21-08

            Comment


              #7
              Originally posted by CATCHMEIFYOUCAN View Post
              wish i was a bk lawyer !

              catchmeifyoucan
              Me too, ours told us it's like Christmas in the office. Not sure that's a good thing, but atleast we don't feel like we are alone!
              Filed Chapter 7 June 4 ~ 341 July 20 ~Last day of objections Sept 18~Discharged/Closed Sept 21

              Comment


                #8
                When I first went to my attorney's office for the consult, there were so many people in there that there wasn't anywhere to sit. And the firm is not a small one.

                Comment


                  #9
                  It's actually may end up being a pretty good time to file even if it takes longer. With so many new bk cases flowing through the courts with no end in sight like there was in Oct 2005, trustees may be less likely to fight as hard or as long trying to win on a borderline filing issue. Time will tell, I guess.
                  I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

                  06/01/06 - Filed Ch 13
                  06/28/06 - 341 Meeting
                  07/18/06 - Confirmation Hearing - not confirmed, 3 objections
                  10/05/06 - Hearing to resolve 2 trustee objections
                  01/24/07 - Judge dismisses mortgage company objection
                  09/27/07 - Confirmed at last!
                  06/10/11 - Trustee confirms all payments made
                  08/10/11 - DISCHARGED !

                  10/02/11 - CASE CLOSED
                  Countdown: 60 months paid, 0 months to go

                  Comment


                    #10
                    Originally posted by lrprn View Post
                    It's actually may end up being a pretty good time to file even if it takes longer. With so many new bk cases flowing through the courts with no end in sight like there was in Oct 2005, trustees may be less likely to fight as hard or as long trying to win on a borderline filing issue. Time will tell, I guess.
                    I hadn't really thought of that til I read your post. That is true, maybe the trustees will be so overwhelmed they won't have time to knit pick on small stuff. I figure some will file using these stimulus checks, kind of like we filed with our return. Good ole George sure is helping people who he sent into BK with this stimulus checks, they can get out of debt and try to survive in this economy he created.
                    Filed Chapter 7 June 4 ~ 341 July 20 ~Last day of objections Sept 18~Discharged/Closed Sept 21

                    Comment


                      #11
                      People are going into debt for food and gasoline.
                      "You once asked me for advice. You want some now? Never pass up a good thing." Lieutenant Jean Rasczak, Starship Troopers

                      Join the Mobile Infantry and save the world. Service guarantees citizenship.

                      Comment


                        #12
                        Originally posted by lrprn View Post
                        It's actually may end up being a pretty good time to file even if it takes longer. With so many new bk cases flowing through the courts with no end in sight like there was in Oct 2005, trustees may be less likely to fight as hard or as long trying to win on a borderline filing issue. Time will tell, I guess.
                        I agree...and with most states and federal budget cuts it may be harder and harder for trustees to have the resources and funding to try to pursue every little issue.
                        Filed!!04/23/2008[X] 341 5/27/2008[X]Converted to asset case 5/26/2008 [X]
                        DISCHARGE 08/12/2008[X]
                        Converted to NO Asset case 12/15/2008[X]
                        Closed 12/16/2008 [X]:yahoo::yahoo::yahoo:

                        Comment


                          #13
                          I'm not seeing the mass filing everyone else is reporting. When I went for my consultation there was only 1 other person there who was at the receptionist's window getting ready to leave, and nobody else showed up during the next 30-45 minutes while I was sitting in the waiting room filling out some pre-consult stuff, or when I left after speaking with the attorney. About a week or so later I went back to drop off all the papwerwork they requested and passed 1 person leaving the office and the waiting room was empty. The 3 times I called them on the telephone they picked up right away and put me on hold for just a short time. And I apparantly have retained an attorney who's filed the most bankruptcies in my district.
                          04/04/08- Notice of deficiency balance due from a repo. 04/18/08- Fico scores w/repo listed: EXP 624, TRAN 610, EQU 610. 04/19/08- Found this forum. 04/24/08- Retained attorney for a chapter 7, filing singly. 5/5/08- Turned in bk paperwork to atty. 5/27/08- Date set for reviewing paperwork.

                          Comment


                            #14
                            Maybe times aren't as hard in your area as others. I live in SoCal, which was expensive before things went up in price, so times are very hard for many here and BK filings are happening more and more each day.

                            Originally posted by TX Bluebonnet View Post
                            I'm not seeing the mass filing everyone else is reporting. When I went for my consultation there was only 1 other person there who was at the receptionist's window getting ready to leave, and nobody else showed up during the next 30-45 minutes while I was sitting in the waiting room filling out some pre-consult stuff, or when I left after speaking with the attorney. About a week or so later I went back to drop off all the papwerwork they requested and passed 1 person leaving the office and the waiting room was empty. The 3 times I called them on the telephone they picked up right away and put me on hold for just a short time. And I apparantly have retained an attorney who's filed the most bankruptcies in my district.

                            Comment


                              #15
                              It pretty much boils down to a few things:

                              1) People living beyond their means, and when the cost of staples (gas/food/utilities) are rising at unprecedented rates, most households can't budget for it. Who would have thought less than 5 years ago we'd be paying double what we are for a gallon of gas today.

                              2) People are losing their jobs because the economy sucks because of factors listed in reason #1, and the rest follows suit

                              3) People don't have health-care or their coverage changed through their work due to factors listed in reason #1, a medical emergency happens, and the rest follows suit

                              As I've said before, I'm no Socialist or Communist, and that I feel a person is entitled to the fruits of their labor, but when so many are going without or having to struggle while so few have so much (made primarily from the toil we 'bottom feeders' (aka the middle class) produce), something just isn't right.

                              I've never been an overtly greedy person. I don't want to be rich. I just would like to live comfortably and not have to kill myself or sacrifice my relationship with my family/friends to get it.

                              I guess in one sense this is why I wish I were a religious person, then I could feel like eventually the rat b@st@rds running the show (aka big corporations, ect) will get their comeuppance and head "permanently South". We have such a short time on this planet (at least for the time being), why must these people do this to their fellow human beings?
                              Filed Ch 7: 12/27/07
                              341: 2/6/08
                              Discharged: 4/11/08
                              Finally closing: ???

                              Comment

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