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The number of personal bankruptcy filings is soaring as the effective
date nears for a new law making it harder for consumers to seek protection from
debtors.
According to Lundquist Consulting, which tallies weekly bankruptcy statistics,
102,863 bankruptcy filings were received in U.S. courts last week — more
than 20,000 per day, on average.
The number of filings has climbed 19.4 percent year-to-date to 1.47 milllion,
compared to 1.23 million during the same period in 2004.
A smaller surge was seen when President Bush signed the bankruptcy overhaul
into law on April 20.
The law is due to take effect Monday, and Lundquist Consulting, a Burlingame-based
financial research firm, said it expects the number of bankruptcy filings to
remain high this week.
After Monday, the requirements for bankruptcy protection become much more stringent.
People with above-average income, as determined by a standard "means test,"
will be barred from filing for Chapter 7 protection, where debts may be wiped
out entirely.
Instead, they will have to file more restrictive Chapter 13 bankruptcies, which
require a five-year repayment plan.
Filers also will be required to get professional credit counseling with 180
days of filing.
Victims of Hurricane Katrina forced into bankruptcy will be given leeway with
regard to the credit counseling and income