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The Honolulu Advertiser
Posted on: Friday, October 14, 2005

Bankruptcy seekers rush to beat new law

By Greg Wiles
Advertiser Staff Writer

A RECORD PACE

How many: More than 800 file for bankruptcy so far this month in Hawai'i

Why: To avoid strict new rules that take effect Monday

Who's filing: Those with heavy credit-card debt or on a fixed income

For more about changes in bankruptcy law, visit nolo.com and click on "property and money."

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Hawai'i bankruptcy filings have surged to record levels this month as consumers burdened by credit-card and other debt seek relief before a more stringent law takes effect Monday.

Filings during the first 13 days of October swelled to more than 800 cases, or almost seven times the 121 bankruptcies filed during the same period a year earlier, according to U.S. Bankruptcy Court figures.

Many consumers, such as Waipahu resident Bo Son, are saddled with credit-card bills they've been unable to repay. Son, 44, he has a little under $30,000 in credit-card debt that he was unable to pay when his work removing asbestos from buildings slowed.

"I have a hard time to pay my bills," said Son as he sat in the Bishop Street law offices of Eduardo Zabanal waiting to talk about filing a bankruptcy. Son said that after his bankruptcy, "That's it — I don't borrow no more."

The law, which President Bush signed in April, will make it more difficult for individuals to file for Chapter 7 bankruptcy, which eliminates most debts. Individuals whose income exceeds their state's median may be required to file under Chapter 13, which calls for debtors to repay their creditors under a schedule established by the courts. Consumers who are still eligible for Chapter 7 will be required to undergo credit counseling and will pay more to file.

Median income for Hawai'i ranges from $45,513 for a single-person household to $75,785 for a family of four.

Consumers have until 4 p.m. today to get their bankruptcy petitions to the court in Honolulu. The court will continue to accept electronic filings sent by attorneys up until 11:59 p.m. Sunday. Bankruptcy court official Mark Van Allsberg said the court has been fielding calls constantly about the filing requirements.

"It's turning out to be some sort of panic for some people," said Zabanal, whose waiting room was filled with prospective filers yesterday afternoon. He said some lawyers in Honolulu are turning away clients because they can't handle the cases.

Zabanal's staff stayed until midnight Wednesday and was looking at long hours yesterday, he said.

OFFICE OF THE TRUSTEE

The logjam of filings is also showing up at the U.S. Office of the Trustee, which takes over administration of the cases after they are filed. Gayle Lau, assistant U.S. trustee, said the filers appear to have the usual reasons for seeking bankruptcy — they lost a job, became ill or were injured, or had a death in the family.

Lau said that a common thread running through the filings was credit-card debt and that there were filings by elderly consumers wanting to get out from under debts while living on a fixed income.

CAN BE REJECTED

The cases are assigned to four trustees who verify information, set up a creditors meeting and sell any assets. The trustees also can, in rare instances, reject a bankruptcy petition when it appears the consumers can repay their debt.

"Going on a binge and just using a credit card should not be a reason," Lau said. "Unfortunately, some people think they can use a credit card without having to pay back anyone."

Because of so many filings, the trustee's office can't schedule some creditor meetings soon, Lau said. Other offices nationwide have the same problem, according to Lau.

A record 102,863 Americans filed for personal bankruptcy last week compared to the 30,000 weekly average over the past four years, said Lundquist Consulting, a firm in Burlingame, Calif., that tracks the statistics.

Sandra Loomis, a Honolulu-based bankruptcy trustee, said she was assigned 100 cases yesterday and has meetings with creditors set for the next several weeks.

"Who knows what's going to come in between now and Sunday?" Loomis said. "I thought there would be a lot, but this is beyond what I expected."

USA Today contributed to this report.