This is for personal, noncommercial use only.
Consumer bankruptcies are on the rise in southern New Jersey, and with unemployment and foreclosures up in 2009, the number of people who file is expected to surpass last year's total.
August saw 736 consumer bankruptcy filings made in the state's seven southernmost counties, including Atlantic, Cape May and Cumberland, a 43 percent increase from the 516 filings in August 2008, according to the U.S. Bankruptcy Court, New Jersey District.
Comparing January through August 2008 with the same period in 2009, bankruptcies have risen 28 percent in southern New Jersey and show no sign of slowing down here or across the country.
"Consumers are continuing to turn to bankruptcy as a shield from the sustained financial pressures of today's economy," Samuel Gerdano, executive director of the American Bankruptcy Institute, said in a statement. "As a result, we expect consumer filings to top 1.4 million this year."
Brian Thomas, a Linwood bankruptcy attorney and trustee, says the level of people's debt is significantly higher than it was five years ago. In addition, he has seen more seniors electing to file.
"Some senior citizens think they can work indefinitely, then something happens and they can't," Thomas said last week. "They get sick. Their spouse gets sick. And if you don't work, and all you have is Social Security, that's not going to pay off a $60,000 credit card bill."
Many bankruptcies also are tied to potential foreclosures, but Thomas said lenders these days have been more willing to modify homeowners' loans.
As a result, "if a client's only problem is their house with one mortgage, and if they don't have any other debt, there might not be any reason to go into bankruptcy," Thomas said.
Eric Browndorf, a bankruptcy attorney who also has dealt with corporate restructuring, agrees.
"I'd say more than half of the banks out there are really bending over backwards to help people," he said.
Local bankruptcy attorneys say rising unemployment, or even just the reduction of hours at work, is breaking people financially. New Jersey has shed 155,700 jobs, or 3.8 percent of its total work force, since the recession began in December 2007.
Browndorf said more people are claiming insolvency under Chapter 7 of the bankruptcy code. In Chapter 7, people have the ability to wipe out most of their debts, unlike Chapter 13, in which filers must create a plan to pay back a certain amount of debt to their creditors.
The offices of South Jersey Legal Services, which provides free legal assistance to low-income residents, have been hit hard since the recession began, Executive Director Douglas Gershuny said.
The nonprofit opened up 629 bankruptcy cases in 2007 and handled another 863 in 2008, Gershuny said. This year, he expects that number to reach about 1,000.
Meanwhile, since 2007, Gershuny said he has lost 18 staffers, including 13 attorneys, through layoffs and attrition because of budget cuts. One source of state funding that totaled $3.2 million in 2008 dropped to $290,000 in 2009, Gershuny said.
"The legislature, to its credit, has given us replacement money, but it didn't cover it all," he added. "We're trying to do our best with what we have."
But Gershuny is concerned the wave of bankruptcy filings is only going to grow.
"We're starting to see a lot of folks who, before, wouldn't have been able to qualify to see us," he said. "These are your typical, working families."
Eligibility to receive legal help from South Jersey Legal Services depends on income. For more information, call 800-496-4570.
E-mail Erik Ortiz:
Posted in BUSINESS | TOP THREE on Sunday, September 27, 2009 9:00 pm Updated: 11:17 pm.
33,000 without power in Cape May County as a new storm approaches
33,000 without power in Cape May County as a new storm approaches
Atlantic City supervisor charged with selling drugs while working on city property
Woman charged with stealing from local mayor is same woman who sued him alleging sexual harassment
9 comments:
Click here to report a comment as abusive.