Bankruptcy bumpChanges in
Federal Law Have People Flocking to File for Protection to Avoid
Stricter Rules
Rules ChangesBankruptcies Rising
Omaha World - Herald
Micheline Zagurski
and Linda Lips wanted a clean slate when they decided to join
the hundreds of Nebraskans and Iowans who filed for bankruptcy
this month.
Zagurski hasn't worked since she shattered her
right leg after falling down the basement steps of her Omaha
home. Lips got divorced, leaving her with a mortgage she couldn't
afford at the same time she was unemployed.
Both said their financial difficulties began
two years ago, but new rules that take effect Oct. 17 have
hastened their decisions to file for bankruptcy protection.
The new regulations will disqualify thousands
of Americans who could have their debts erased under the current
law's more generous provisions. The October deadline has caused
a spike in filings nationwide.
Since the law passed in April, Nebraska personal
bankruptcy filings are up 19 percent from last year's record
pace. Filings in Iowa's bankruptcy courts were 21 percent
ahead of last year for the period from April through July.
"We're starting to level out" from
the summer surge in filings, said Diane Zech, clerk of the
U.S. Bankruptcy Court in Omaha. "But that might change
when we get closer to Oct. 17."
Lips said she filed this month because "it
would have been impossible" for her under the new provisions
to eliminate $257,000 in debts from her former marriage.
Changes to the bankruptcy code will subject
debtors seeking Chapter 7 bankruptcy protection to a means
test. The test will apply to people who earn more than the
state's median income and can afford to pay down their debt
by at least $100 per month over five years.
Nebraska's median household income in 2003 was
$41,406, according to the U.S. Census Bureau. Iowa's was $40,526.
Under old Chapter 7 provisions, debtors could
forfeit certain assets and erase their debts. Under the new
law, some debtors who formerly qualified for such protection
would be steered into more stringent Chapter 13 bankruptcy,
which sets up a repayment schedule.
Lips wanted to start over after her divorce
and move to Lincoln from Pittsburgh, but the problems in Pittsburgh
that she thought were behind her followed.
Pennsylvania law allows a couple to divorce
without a property settlement. After their divorce, Lips said
neither she nor her exhusband made payments on their car or
home, which they still owned jointly.
Her ex-husband already has completed bankruptcy
proceedings, Lips said, making her the sole holder of the
titles and the debts attached to the house and car.
Compounding the problem was credit card debt
Lips said she ran up after being laid off in 1996. She said
she had been paying her cards down since then, but with a
minimum payment of $150 on one card that didn't even cover
the interest, she wasn't making headway.
"Since 1998, I hadn't used them. I just
kept trying to pay them down."
Studies show a correlation between rising consumer
debt and the number of bankruptcies filed. Total revolving
credit -- which includes credit card debt -- rose to $796
billion in 2004, more than double the $358 billion in 1994.
With many people servicing large loans, major
life changes can push them into insolvency.
Last year, 1.6 million Americans filed for personal
bankruptcy, more than twice as many as 10 years ago. Between
1994 and 2004, Nebraska filings rose 160 percent to about
9,000 last year. Iowa filings over the same span rose 139
percent to about 13,000 last year.
Illness, job loss and divorce were the immediate
cause of 90 percent of bankruptcies, according to Harvard
studies.
For Zagurski, the trigger came when she fell
and broke her right arm and leg.
She has had four surgeries on her femur, which
hasn't healed properly. With metal rods holding together the
bones in her right arm and leg, Zagurski said she will be
confined to a wheelchair and unable to work for at least two
more years.
She lives on monthly checks from disability
insurance and Social Security. Under her bankruptcy filing,
she will continue to make payments on her house, car and student
loans but will eliminate the $30,000 in credit card debt she
said she has struggled to pay for a decade.
Without the kind of income she had while teaching
computer courses, Zagurski said, she missed a payment on one
credit card, which caused all her creditors to hike interest
rates.
"If you're late on anything . . . it just
adds up so much. I just couldn't keep up."
Not being able to work is frustrating, she said.
She said she wrestled with the decision to file for bankruptcy
but realized she needed to file so that she could recover
financially as well as physically.
"I should've filed 10 years ago,"
she said. "I waited because I felt I owed those bills,
but I can't do it. I'm sick."
Rules changing
What the law will do: Changes to bankruptcy
rules take effect Oct. 17 and make it harder to erase debts
in bankruptcy. Debtors making more than the state median income
($41,406 in Nebraska, $40,526 in Iowa) will be subject to
a means test. The means test will require debtors capable
of paying $100 per month over five years to go through a more
stringent bankruptcy proceeding.
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