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ECONOMICS -
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Bankruptcy filings at record high

Posted in the database on Wednesday, October 12th, 2005 @ 19:50:55 MST (1735 views)
by Michael J. Martinez    Inside Bay Area  

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The number of personal bankruptcy filings is soaring as the effective date nears for a new law making it harder for consumers to seek protection from debtors.

According to Lundquist Consulting, which tallies weekly bankruptcy statistics, 102,863 bankruptcy filings were received in U.S. courts last week — more than 20,000 per day, on average.

The number of filings has climbed 19.4 percent year-to-date to 1.47 milllion, compared to 1.23 million during the same period in 2004.

A smaller surge was seen when President Bush signed the bankruptcy overhaul into law on April 20.

The law is due to take effect Monday, and Lundquist Consulting, a Burlingame-based financial research firm, said it expects the number of bankruptcy filings to remain high this week.

After Monday, the requirements for bankruptcy protection become much more stringent. People with above-average income, as determined by a standard "means test," will be barred from filing for Chapter 7 protection, where debts may be wiped out entirely.

Instead, they will have to file more restrictive Chapter 13 bankruptcies, which require a five-year repayment plan.

Filers also will be required to get professional credit counseling with 180 days of filing.

Victims of Hurricane Katrina forced into bankruptcy will be given leeway with regard to the credit counseling and income



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