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Consumer Bankruptcy and Household Debt 1 (February 8, 2002)

handle is hein.bank/crsbank0017 and id is 1 raw text is: Order Code RS20777
Updated February 8, 2002

Consumer Bankruptcy and Household Debt
Mark Jickling
Specialist in Public Finance
Government and Finance Division

Summary

The 107' Congress is considering legislation (H.R. 333, S. 220) that would require
some consumer bankruptcy petitioners to repay certain debts rather than have them
discharged, or erased, by the bankruptcy court. The principal impetus behind bankruptcy
reform is the high number of consumer bankruptcy filings, which in recent years have
been running at nearly four times the levels of the early 1980s. It is not clear why
bankruptcy filings have increased so dramatically during a period that has included two
of the longest economic expansions in U.S. history. Since bankruptcy is almost by
definition a condition of excessive debt, many would expect to observe 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 been fairly
constant over the past two decades. What these aggregate debt statistics do not show
is that there has been an increase in the percentage of families in financial distress (those
spending more than 40% of their incomes on debt service). Financial distress is most
common among lower-income families, but its incidence has grown in all income
brackets. This trend suggests that explanations for the rise in consumer bankruptcy
filings are more likely to be found in micro-analysis of individuals and groups of debtors
than in macroeconomic indicators. This report presents statistics on bankruptcy filings,
household debt, and households in financial distress, and will be updated as new statistics
become available. For discussion of bankruptcy reform proposals, see CRS Report
RL30865, Bankruptcy Reform Legislation in the 107th Congress.
The tables below present data on bankruptcy filings, household debt, and families in
financial distress. Table 1 shows bankruptcy filings since 1980. Both business and non-
business bankruptcies showed increases in the early 1980s, but business filings peaked in
1987 and have since declined, while the number of consumer filings continued to grow
through the 1990s. Consumer bankruptcies exhibit a pattern of rapid annual growth for
several years, a 2- or 3-year pause, and a resumption of growth. The most recent pause
began in 1999 and continued through the end of 2000: there were 13% fewer filings in
2000 than in 1998. In the first three quarters of 2001, however, consumer bankruptcies
were up 210% over the previous year. If filings continue at that level throughout the year,
the annual total for 2001 will exceed 1998's record number.

Congressional Research Service °0° The Library of Congress

CRS Report for Congress
Received through the CRS Web

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