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The Honolulu Advertiser
Posted on: Saturday, October 1, 2005

Bankruptcy filings surge

By Greg Wiles
Advertiser Staff Writer

Hawai'i bankruptcies more than doubled in September as people rushed to file before a new law effective Oct. 17 makes it tougher and more expensive for some to erase debt.

Filings jumped to 575 from 204 a year earlier, according to figures from the U.S. Bankruptcy Court in Honolulu. The increase was the largest in at least four years.

Honolulu law firms say calls have increased from individuals worried about the bankruptcy changes that disallow wiping out of debt for some higher-earning consumers. Attorneys also expect to raise their fees because of new requirements.

"Instead of getting two calls a day, I get maybe five or six from people who are ready to file," said Michael Glenn of Low Cost Legal Services on Bishop Street. "Business has about tripled.''

Teresa Bouchard, a legal assistant at Honolulu bankruptcy attorney Dawn Smith's firm, said her office began opening a half-day on Saturdays about a month ago, in part to handle the increased bankruptcy filings.

Attorney Paul Meares said bankruptcy inquiries have increased by at least one-fifth.

The Bankruptcy Abuse Prevention and Consumer Protection Act was signed in April by President Bush, who said it would restore integrity to the bankruptcy process by making the system fairer for creditors and debtors. He said too many people had abused bankruptcy laws by walking away from debts when they had the ability to pay them off.

Critics of the new law say it lessens problems posed by bankruptcies for credit card companies and saddles bankruptcy filers with more red tape and higher costs.

Among the key provisions of the bill is one that prevents some people with earnings above a state's median income levels from filing a Chapter 7 bankruptcy. That type of bankruptcy allows the wiping out most debt owed to unsecured creditors after certain nonpersonal assets are liquidated.

Under the new law, consumers who earn more than the state's median income and fail a "means" test won't be able to file a Chapter 7. Instead, they can seek a Chapter 13 bankruptcy that requires them to repay debts over an extended period of time.

Median income for Hawai'i ranges from $45,513 for a single-person household to $75,785 for a family of four, said Gayle Lau, assistant U.S. bankruptcy trustee.

Glenn said he expected the increased inquiries to his office to continue for the next several weeks. He said some of the calls were coming from consumers who had been contemplating a bankruptcy for months or years.

Meares said many of the callers to his office know the law will be changing and that attorney's costs for cases will be rising. He said a new, six-page income analysis form and other requirements will add to fees.

"It's very, very cumbersome and it's going to increase costs," Meares said. He estimated the cost of filing a bankruptcy will rise by 25 percent to 50 percent.

"This is the biggest change that's occurred to bankruptcy law during my career," said Meares, who's practiced law since 1982.

The cost of filing a Chapter 7 bankruptcy petition is also increasing to $274 from the current $209, Glenn said. Other changes include mandatory creditor counseling prior to filing a Chapter 7, and financial education class prior to the bankruptcy's conclusion.

"It's just going to be harder and more expensive," Glenn said.

During the first nine months of this year, Hawai'i bankruptcy petitions surged by one quarter compared with the similar 2004 period, according to the bankruptcy court.