Contact: John Hartgen
703-739-0800
jhartgen@abiworld.org
TOTAL
BANKRUPTCY FILINGS INCREASE NEARLY 38 PERCENT IN 2007
size='3'>April 15, 2008
size='3'>Alexandria,
w:st='on'>Va.
— Total bankruptcy filings in the
United States
increased 37.8 percent last year over calendar year 2006,
according to data released today from the Administrative Office of the
U.S. Courts (AOUSC). Bankruptcy filings totaled 850,912 for the 12-month
period ending Dec. 31, 2007, a significant increase over the previous
year’s total of 617,660. While the total filings for calendar year
2006 reflected a significant drop due to the implementation of the
Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, the
2007 filing totals mark an increase across all chapters of the
Bankruptcy Code for both consumer and business filings from the previous
year.
“The latest figures
ratify trends that began last year, depicting households under growing
stress from heavy consumer debts, now in homes they can’t afford
and can’t sell,” said
face='Times New Roman' size='3'>ABI
size='3'>Executive Director Samuel J. Gerdano.
Business bankruptcies
recorded the sharpest percentage increase as the 28,322 business filings
during calendar year 2007 represented a 43.8 percent increase in filings
from the record low of 19,695 filings made during the 12-month period
ending Dec. 31, 2006. While the 12-month business filing total for 2007
was still lower than any year prior to 2006, the 2007 total was trending
towards the 35,293 business filings averaged annually for the past
decade (1998-2007).
Consumer filings
rebounded to 822,590 during the 2007 calendar year, representing a 37.6
percent increase over the 597,965 recorded during the same period in
2006. The 500,613 consumer chapter 7 filings
during the 12-month period ending Dec. 31, 2007, comprised 60.9 percent
of the total consumer filings for the 2007 calendar year. The chapter 7
total for 2007 represented a 43.4 percent increase over the 349,012
consumer chapter 7 filings during 2006.
The
321,359 consumers who filed for chapter 13 during the 12-month period
ending Dec. 31, 2007, comprised 39.1 percent of the overall consumer
filing total. The chapter 13 total for 2007 represents a 29.4 percent
increase over the 248,430 consumer chapter 13 filings during
2006.
The 226,413 total bankruptcies
recorded during the fourth calendar quarter of 2007 (Oct.1-Dec. 31)
represent a 27.5 percent increase from the 177,599 filings during the
same period in 2006. The 2007 fourth calendar quarter filing total was
the highest of any previous quarter for 2007 and represented a 3.4
percent increase over the third quarter (July 1 – Sept. 30) total
of 218,909.
The 218,428 consumer filings in
the fourth quarter of 2007 represent a 27 percent increase in comparison
to the 172,013 consumer filings for the same quarter of 2006. The
consumer filing total for the fourth calendar quarter also represented a
3.2 percent increase from the previous total of 211,742 filings from the
third quarter of 2006.
Business filings, which totaled
7,985 for the fourth calendar quarter of 2007, represented a 43 percent
increase from the 5,586 filed in the same 3-month period in 2006 (Oct.
1-Dec. 31). Business filings also rose over the previous quarter as the
fourth calendar quarter represented a 11.4 percent increase over 7,167
business filings reported during the third quarter of 2007 (July 1-
Sept. 30).
The chapter* breakdown
of BUSINESS
filings for the 3-month period ending Dec.31, 2007, is
5,420 chapter 7s, 1,612 chapter 11s, 77 chapter 12s and 869 chapter
13s.
The chapter breakdown
of
size='3'>NONBUSINESS filings for the 3-month
period ending Dec. 31, 2007, is 132,192 chapter 7s, 181 chapter 11s and
86,055 chapter 13s.
States with the HIGHEST PER CAPITA
FILING RATE (Total Filings) for the 12-month period ending Dec. 31,
2007:
1. Tennessee
2. Georgia
3. Alabama
4. Indiana
5. Michigan
6. Ohio
7. Nevada
8. Arkansas
9. Kentucky
10. Mississippi
Districts with the HIGHEST PERCENTAGE
INCREASE in Total Filings for the 12-month period ending Dec. 31, 2007
(compared to the identical period in 2006):
size='3'>1.
District of Nevada:
98.5%
size='3'>2.
Eastern District
of California: 93.6%
size='3'>3.
Central District
of
face='Times New Roman'
size='3'>California:
91.2%
size='3'>4.
Southern District
of California: 82.9%
size='3'>5.
District of Maine:
74.2%
Districts with the LOWEST PERCENTAGE
INCREASE in Total Filings for the 12-month period ending Dec. 31, 2007
(compared to the identical period in 2006):
size='3'>1.
District of the
Virgin
Islands: 0.0%
size='3'>2.
District of the
Northern
Mariana Islands:
0.0%
size='3'>3.
District of Montana:
1.8%
size='3'>4.
Western District of
size='3'>North Carolina:
8.9%
size='3'>5.
Middle District of
size='3'>North Carolina
size='3'>: 11.3%
More information will be
available at
href='http://www.abiworld.org/Content/NavigationMenu/Online_Resources/Bankruptcy_Statistics/ABI_-_Bankruptcy_Statistics.htm'>
face='Times New Roman' color='#0000ff' size='3'>ABI’s Statistics
Page,
href='http://www.abiworld.org/statistics'>
color='#0000ff'
size='3'>http://www.abiworld.org/statistics
face='Times New Roman' size='3'>.
###
face='Times New Roman' size='3'>ABI
size='3'>is the largest multi-disciplinary, nonpartisan organization
dedicated to research and education on matters related to
insolvency. ABI
was founded in 1982 to provide Congress and the public
with unbiased analysis of bankruptcy issues. The
w:st='on'>
size='3'>ABI membership includes
more than 11,700 attorneys, accountants, bankers, judges, professors,
lenders, turnaround specialists and other bankruptcy professionals
providing a forum for the exchange of ideas and information. For
additional information on
face='Times New Roman' size='3'>ABI
size='3'>, visit www.abiworld.org. For additional conference
information, visit
href='http://www.abiworld.org/conferences.html'>
size='3'>http://www.abiworld.org/conferences.html
face='Times New Roman' size='3'>.
size='3'>*Definitions from Bankruptcy Overview: Issues, Law and Policy,
by the American Bankruptcy Institute
Chapter
7 of the Bankruptcy Code is available to
both individual and business debtors. Its purpose is to achieve a fair
distribution to creditors of the debtor’s available non-exempt
property. Unsecured debts not reaffirmed are discharged, providing
a fresh financial start.
size='3'>Chapter 11 of the Bankruptcy
Code is available for both business and consumer debtors. Its purpose is
to rehabilitate a business as a going concern or reorganize an
individual’s finances through a court-approved reorganization
plan.
size='3'>Chapter 12 of the Bankruptcy
Code is designed to give special debt relief to a family farmer with
regular income from farming.
size='3'>Chapter 13 of the Bankruptcy
Code is available for an individual with regular income whose debts do
not exceed specific amounts; it is typically used to budget some of the
debtor’s future earnings under a plan through which unsecured
creditors are paid in whole or in part.