American Bankruptcy Institute

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BAPCPA Tax Law leaves More in Debt
In 2005, the government implemented a law called the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) in an effort to curb the abuse of filing for bankruptcy simply to cancel out debts without serious efforts to repay them.  The BAPCPA and other reform measures made bankruptcy requirements more stringent and effectively ruled out filing for Chapter 7 liquidation bankruptcy for most people.  One of the measures put in force was the means test in which an income limit for each state was set over which you could not qualify for Chapter 7 bankruptcy and must apply for Chapter 13 reorganization bankruptcy instead (for individual filers).
Hence, the clear objective of the BAPCPA was to curtail bankruptcy abuse and reduce the number of bankruptcies by making it such that only those in genuine need of bankruptcy need apply.
But what has happened since then?
The statistics show that since 2005, the number of bankruptcies nationwide has continued its upward trend.  According to the American Bankruptcy Institute, across the United States personal bankruptcies rose above 10 million cases which represented a 9% increase in 2010.  The number of bankruptcies this year is expected to attain if not exceed pre-2005 levels.  What’s more, since the BAPCPA was enacted, bankruptcy lawyers’ fees have more than doubled and the online credit counseling method has become the norm.
According to Chief Judge James Gregg, the means test was ‘sloppy’ and he has expressed his personal frustration at the reform measures that were largely shaped by lobbyists and was full of ambiguity.  Thus last month, Congress tried to make amendments to the 2005 reforms with the Bankruptcy Technical Corrections Act 2010 that attempts to correct spelling errors, and fix bad cross references and so on.
But in doing so, they continued to leave ambiguities.  For example, the deadline for compulsory credit counseling is not clear – is it the day before filing for bankruptcy or the day of filing?
Whilst credit counseling is important, there are other more pressing issues that precipitated the need for bankruptcy.  Credit counseling is primarily for those who have wantonly overspent on their credit but more folks in financial stress came into it due to layoffs, health issues and foreclosures.
Chief Judge feels that it is imperative that bankruptcy lawyers update themselves on the current laws by going to seminars at least yearly.
If you are struggling with debt and need to file for bankruptcy, call us at (813) 200 4133 for a free consultation.


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    Bankruptcy figures continued to soar despite many big US corporations reporting positive financial results.  The number of filings jumped to 1.57 million (1,572,597 to be exact), up by 20% in the year ended June 30, 2010.  This figure is the highest in four years when the number of cases was 1.48 million in 2006.  At the same point of time last year, the number of bankruptcies stood at 1,306,315 cases, according to the Administrative Office of the US Courts.  The number of cases in July this year were up 9% over last July.

    Bankruptcy continues to be the last resort for many Americans seeking financial relief from household debt, unemployment and the economic downturn.  Bankruptcy attorneys say that many people who were laid off at the start of the recession nearly three years ago are now filing for bankruptcy after failing to find work, depleting their savings and retirement funds and accumulating credit card bills to pay for their expenses while they hunted for jobs.  Small businesses especially those in the financial and construction sectors have failed resulting in more middle- to upper-income families seeking bankruptcy protection.
    After two years in which the bankruptcy filings dipped below a million, in 2009 the number of filings rose to 1.31 million.  At this rate, the American Bankruptcy Institute predicts that the number of bankruptcies could rise above 1.6 million by the end of this year.
    As for business bankruptcies, the numbers rose by 8% to 59,608 in the year ended June 30, 2010 compared to 55,021 year on year.  On the other hand, personal or non-business bankruptcies as at June 30, 2010 came up to 1,512,989 cases compared to 1,251,294 cases at the same period last year.  this represents a rise of 21% according to the Administrative Office.
    At the same time, U.S. Labor Department figures indicate that claims for unemployment benefits rose unexpectedly over the past few weeks.  This data that shows the pace of a national economic recovery may be slowing despite the government’s stimulus packages and indicates many employers are still hesitant to add new workers.
    The biggest obstacle to economic recovery is unemployment that results in loss of income.  The national unemployment rate is currently 9.5%.  Besides this, the other two most common reasons people file for bankruptcy are divorce and high medical bills.
    Nevertheless, many people have found bankruptcy to be a blessing that saved their homes from foreclosure and discharged many if not all of their debts.  You can enjoy the benefits of bankruptcy, too.  Call us at (813) 200 4133 for a free consultation or visit http://tampabankruptcy.pro.

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    The national bankruptcy rate rose 14% for the first 6 months of 2010, the highest since landmark legislation was enforced to curb abuse in bankruptcy cases in 2005.  According to the American Bankruptcy Institute (ABI), the number of filings rose to 770,117, the highest year-on-year since the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) came into being aimed at reducing the number of Chapter 7 bankruptcies where debts can be wiped out without paying them.

    However, month-on-month, the June statistics indicate a glimmer of hope.  It is the third consecutive month where the bankruptcy rate has fallen.  The number of bankruptcy filings in June came up to 127,000, down more than 7% compared to May.  But this number is higher compared to June 2009 by more than 8%, according to the National Bankruptcy Research Center.  The ABI expects another 1.6 million individuals and companies to file for bankruptcy before the year is out, according to its Executive Director, Samuel J. Gerdano.

    Statistics in a report by Professor Ronald Mann of the Columbia Law School in Alaska show that among the states, Nevada recorded the highest bankruptcy filing rate of 16,000 filings for each one million households (this is more than double the national average of 6,800 filings per million) whereas South Carolina and Washington D.C. came in the least with  less than 40% of the national average.  The regions most hard hit by bankruptcies are the South East and South West of the country.  While most states have increased in the number of bankruptcy filings, Tennessee and Alabama and some other Southern states have shown lower filings.

    Even some people in public office have not been spared.  Part-time mayor for Layton, a city of 67,000 residents, filed for bankruptcy in March this year after winning the election to a second term in November 2009.  Steve Curtis, mayor of Layton, the largest city in Davis county, Utah lost his job due to downsizing.  Curtis said that bankruptcy was something he tried very hard to avoid as it was something he felt was distasteful.

    Yet Curtis intends to fulfill his duties as mayor as he had not broken any law and should not have to resign.  Curtis added that he was very humbled to receive the support of many residents facing the same experience due to layoffs.  He receives an annual salary of $21,800 and a monthly travel allowance of $800.  In addition, he also receives a small stipend as a director of Wasatch Integrated Waste Management district that encompasses Layton’s landfill and burn plant.

    No one is exempted from the effects of the economic crisis.  It has driven countless people into debt.  If you have been drowning in debt, consider bankruptcy as a way out.  Many may not realize that bankruptcy actually protects you from your creditors and gives you the chance to discharge your debts.  Call us at (813) 200 4133 for a free consultation or visit http://tampabankruptcy.pro.

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