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Consumer Bankruptcy and Household Debt 1 (February 27, 2003)

handle is hein.bank/crsbank0019 and id is 1 raw text is: Order Code RS20777
Updated February 27, 2003
CRS Report for Congress
Received through the CRS Web
Consumer Bankruptcy and Household Debt
Mark Jickling
Specialist in Public Finance
Government and Finance Division
Summary
The 107th Congress considered, but did not pass, legislation (H.R. 333) that would
have required some consumer bankruptcy petitioners to repay certain debts rather than
have them discharged, or erased, by the bankruptcy court. The issue is likely to be taken
up again in the 108th Congress. The principal impetus behind bankruptcy reform is the
high number of consumer bankruptcy filings, which in recent years have been running
at over 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 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 2001, 27% of families in the bottom fifth of the income
distribution had debt service payments that exceeded 40% of their incomes. This
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
families in financial distress, and will be updated as new statistics become available.
For discussion of bankruptcy reform proposals, see CRS Report RL31706, Bankruptcy
Reform: A Recap.
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 has
continued to grow. 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 2001, and again in 2002, however, consumer bankruptcy filings
surpassed the previous record.
Congressional Research Service ** The Library of Congress

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