Restarting via bankruptcy
will be getting a lot tougher
By Frank Norton / Raleigh News
& Observer
New law will make it extremely difficult
to erase a pile of debt and just walk away. Bankruptcy
professionals predict a busy summer as filers scramble in
anticipation of new federal rules that will make it harder
and more expensive to erase debt and start anew.
"We're already seeing an uptick in the
number of filings," said Sam Gerdano of the American
Bankruptcy Institute, an Alexandria, Va.-based group that
includes lawyers, bankers, judges and other bankruptcy professionals.
Nationally, the number of bankruptcy petitions
filed in the first three months of the year rose about 8 percent
from the previous quarter to 401,149, according to the U.S.
Bankruptcy Court. The national total is expected to rise further
as the law change draws nearer.
Experts say filings will jump even more in the
second and third quarters amid concerns over the new bankruptcy
law to take effect Oct. 17. At that time, millions of Americans
will be barred from protections provided under Chapter 7 of
the U.S. Bankruptcy Code, which wipes out credit card and
other debt that is not secured by a house or other assets.
More than two-thirds of bankruptcy filers use Chapter 7.
Stephen Gager, 36, a computer technician who
was left with more than $30,000 of debt after a divorce, said
he is relieved to be among those who recently sought a fresh
start under Chapter 7.
"I would feel better if I were able to
pay it all off, but in the end it's nice to be able to at
least set a new starting point," said Gager, who would
become ineligible for Chapter 7 protection after October.
After paying down the bulk of his debt, Gager
decided to extinguish the last $6,000 under Chapter 7 so that
he could focus on studying full time.
The Bankruptcy Abuse Prevention and Consumer
Protection Act will significantly narrow benefits by requiring
filers who earn above the median income for a family of the
same size in the same state to enter a five-year repayment
plan under Chapter 13. That's instead of being able to wipe
out their debt under Chapter 7, as now permitted. |