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1 (September 14, 2007)

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                                                                          Order Code RS20777
                                                                  Updated September 14, 2007





SCRS Report for Congress



          Consumer Bankruptcy and Household Debt

                                       Mark Jickling
                            Government and Finance Division

                          Heather D. Negley and Brent W. Mast
                                Knowledge Services Group

        Summary


             The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
         (BAPCPA, P.L. 109-8) included the most significant amendments to consumer
         bankruptcy procedures since the 1970s. The 1 10th Congress continues to monitor the
         impact of the new law on debtors and creditors. Bankruptcy reform was enacted in
         response to the high number of consumer bankruptcy filings, which in 2005 and 2006
         reached five times the level of the early 1980s. Why did filings increase so dramatically
         during a period that included two of the longest economic expansions in U.S. history?
         Because bankruptcy is by definition a condition of excessive debt, many would expect
         to see a corresponding increase in the debt burden of U.S. households over the same
         period. However, while household debt has indeed grown, debt costs as a percentage
         of income have risen only moderately. What aggregate statistics do not show is that the
         debt burden does not fall equally on all families. Financial distress is most common
         among lower-income households: in 2004, 27% of families in the bottom fifth of the
         income distribution spent more than 40% of their income to repay debt. This report
         presents statistics on bankruptcy filings, household debt, and families in financial
         distress, and it will be updated as new statistics become available.


            This report presents data on bankruptcy filings, household debt, and families in
        financial distress. Table 1 shows filings since 1980. Both business and nonbusiness
        bankruptcies rose in the early 1980s, but business filings peaked in 1987 and have since
        declined, while the number of consumer filings continued to grow through 2005. In 2005,
        the number of filings surpassed 2 million  there was a rush to the courthouse as the
        effective date of the 2005 bankruptcy law approached. In October 2005 alone, more than
        600,000 cases were filed. In 2006, filings dropped sharply, suggesting that the new law
        caused many to accelerate their filings, and that many petitions that would have been filed
        in 2006 (or later) were pushed forward by the enactment of bankruptcy reform. In the first
        half of 2007 nonbusiness filings increased by 48.3%, compared with the first half of 2006,
        but remain far below pre-BAPCPA levels.




                  Congressional Research Service '  The Library of Congress
                        Prepared for Members and Committees of Congress

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