A Closer Look at Elderly Chapter 7 Debtors

Journal Issue

Apr 2002

Column Name

Journal HTML Content

In this article we focus on a small subset of chapter 7 debtors—those aged 70 or
older. Our sample comes from a set of 5,824 no-asset chapter 7 filings drawn
from all districts served by the U.S. Trustee Program between 1998 and 2000.
Debtors are not required to list their ages on Schedule I of their bankruptcy
petitions. However, our sample contained 884 cases in which the debtor's age was
listed. This included 39 debtors between the ages of 70 and 92 (whom we will
refer to as elderly debtors).<a href="#2" name="2a">2</a>

Elderly debtors accounted for 4.4 percent of the total debtor population for which
we were able to determine the age. The Bureau of the Census reports that 12.4
percent of the adult population in the United States is aged 70 or older. If
elderly debtors are as likely to report their age on Schedule I as younger debtors,<a href="#3" name="3a">3</a>

we can estimate that elderly people file for chapter 7 bankruptcy at about one-third
the rate that would be expected by their proportion in the population at large.

Chapter 7 no-asset filings averaged about 900,000 per year between 1998
and 2000. If 4.4 percent of these debtors were elderly, nationwide there were
about 40,000 chapter 7 debtors per year aged 70 or older.

<h3>Demographics</h3>

There are no real surprises in the basic non-financial demographics of elderly
debtors. As shown in the following chart, most live alone, about one-half are
homeowners, few are still employed, females outnumber males by about two to one, and
a substantial percentage are widowed. They do differ on these factors from other
chapter 7 debtors, however.<a href="#4" name="4a">4</a>

<h3>Financial Characteristics</h3>

The financial figures for elderly debtors paint a rather dismal picture. Their
average gross monthly income ($1,544) is more than one-third below the average
for all chapter 7 debtors ($2,354), and Social Security benefits are the main
income source. Their net monthly income after deductions ($1,497) is closer to
that of other chapter 7 debtors ($1,840) because the elderly debtors are subject
to very little withholding. As is the case with other chapter 7 debtors, their
monthly expenses tend to be a little higher than their net income.

The real and personal property totals of the elderly debtors are about the same as
for other chapter 7 debtors. Their secured debt levels are lower, however, because
of greater home equity and fewer car payments. Perhaps surprisingly, only six of the
39 elderly debtors reported any medical debts on Schedule J, and only two of them
had more than $1,000 in medical debt (but, see Chart 2).

<h3>Credit Card Debt</h3>

The elderly debtors' major distinguishing characteristic was their large bank credit
card debt. All of the elderly debtors reported at least some credit card debt, and
35 of 39 had more than $10,000 in credit card debt. On average, the
credit card debt levels for the elderly filers was a little more than double their
annual income. If there are 40,000 elderly chapter 7 filers each year with an
average of about $38,000 in credit card debt, these debtors represent about
$1.5 billion per year in discharged credit card debt.

<blockquote><blockquote>
<hr>
<big><center>
The financial figures for elderly debtors paint a rather dismal picture.
</center></big>
<hr>
</blockquote></blockquote>

Some of the elderly debtors reported enormous credit card debt levels. Table 3
offers a brief description of the 10 elderly filers with the highest credit card debt
levels.

Unfortunately, there is much that the elderly debtors' files do not tell us. For
example, we cannot tell:

<ul>
<li>how much of the credit card balances was for purchases vs. interest, late fees
and over-the-limit fees;

</li><li>how much was for cash advances for daily living expenses;

</li><li>the time period during which these debts were incurred;

</li><li>the proportion of credit card debts arising from medical expenses; and

</li><li>the level of financial sophistication and education of these elderly debtors.
</li></ul>

<h3>Conclusion</h3>

Although the elderly are less likely to file chapter 7 bankruptcy than younger
people, a significant number of them do file each year. They are characterized by very
low incomes with very high concentrations of credit card debt. The number of elderly
filers is likely to grow in the coming years. The U.S. Department of Commerce's
National Institute of Aging projects that by 2010, the number of people over age
60 in the United States will be growing at a rate three-and-a-half times as high
as that of the population at large.

<hr>
<h3>Footnotes</h3>

<a name="1">1</a> All views expressed in this article are those of the authors, and do not necessarily represent the views of the Executive Office
for U.S. Trustees or the Department of Justice. <a href="#1a">Return to article</a>

<a name="2">2</a> We include only the ages of the first-listed debtors (not co-debtors). This does not include the debtors who were under age
70 that had spouses aged 70 or older. <a href="#2a">Return to article</a>

<a name="3">3</a> We recognize that there are reasons to question this assumption. <a href="#3a">Return to article</a>

<a name="4">4</a> We have recorded certain information regarding income, debts and expenses for each of the three years. Other information has not
been recorded for each year's sample. In this article, information on chapter 7 debtor family size, income, expenses, and secured and
unsecured debt are based on a sample of 5,824 cases filed from 1998-2000. Information on homeownership, gender, marital status,
real property and personal property is based on a sample of 3,869 cases filed in 1999 and 2000. Information on employment,
bank-issued credit card debt, store-issued credit card debt and medical debt is based on 1,931 cases filed in 2000. <a href="#4" name="4a">Return to article</a>

Journal Authors

Edward M. Flynn

Gordon Bermant

Karen Bakewell

Journal Date

Monday, April 1, 2002 - 12:00

Bankruptcy Rule

2002