Bankruptcy Filings Down Nationwide
Are Americans Waiting Too Long to File Bankruptcy Amidst COVID?
Roughly 17 million people (about 14% of US households) owe more value in debt than they do in assets, according to an estimate provided by the Federal Reserve Bank of New York. However, only 1% of households actually file for bankruptcy in a typical year.
The COVID pandemic has actually led to a drastic decrease in the number of personal bankruptcy filings in spite of record unemployment numbers and a sharp spike in defaults on rent and mortgage payments. According to the Washington Post, during the second quarter of this year, personal bankruptcy filings decreased by 40% when compared to the average number of case filings in the past five years. How and why is this possible? Is there going to be an avalanche of personal bankruptcies in the near future?
Legal System Downtime
One possible explanation for this recent drop in case filings is the closure of many courthouses throughout the country at the outset of the pandemic. This caused many creditors who otherwise may have been able to obtain a judgment to delay their lawsuits. Additionally, states such as California put a moratorium on all judicial proceedings to foreclose. A lawsuit or foreclosure can often spur someone into filing a bankruptcy to protect their future wages from garnishment or save their home from a foreclosure auction. Without these external pressures, people may conclude they do not need to file bankruptcy quite yet.
CARES Act
Most Americans received a one-time stimulus check for $1,200. Additionally, unemployment benefits were granted a temporary, aggressive expansion to include an additional $600 per week. These additional payments expired on July 31, 2020 and likely contributed to a large number of prevented bankruptcy filings when unemployment was at its peak earlier this summer. This expiration of benefits combined with lack of optimism for any future disbursements such as those in the CARES Act may cause more people to file who otherwise might have done so sooner.
Fear of Losing Property or Access to Credit
The main reason people do not explore the possibility of bankruptcy is not affected or driven by COVID, but rather is a result of misunderstandings on the public’s part about the bankruptcy process and what assets they can protect when filing. Many first-time callers to our office express anxiety about losing their home, car or other important property. A good portion of these callers end up having had no reason to be concerned about filing and their fear was almost entirely based on what they had learned
about the process via osmosis from media reports and anecdotes. Calling a bankruptcy attorney to see how they can help does not commit one to filing a case and does not affect one’s standing with their creditors in any way. Getting advice early often results in much better outcomes than for those who wait too long and find out they could have saved a lot of money and stress by filing sooner.
Many potential filers will drain their retirement savings which would have been protected in bankruptcy in order to keep themselves current on their debts. For many Americans who are not old enough to freely draw from their retirement accounts, this can result in a double-whammy effect where they drain their future savings while also accruing new tax liabilities in order to make minimum payments on a debt.
Additionally, many Americans fear the possibility that if they file they will not be able to acquire any financing options or lines of credit for a long time. The good news here is that this is simply not true. Credit scores often recover within the first two years after filing a case and the costs to finance are less than many people believe.
Filing for bankruptcy before you drain your personal assets can save you a lot of money and trouble in the future. If you have any questions about filing bankruptcy please feel free to reach out to your Stockton bankruptcy attorney at 209-952-0355.
Categorized in: News