NEWS

 

Bankruptcies near 1.2M during the past 12 months.

 

The number of U.S. businesses and individuals declaring bankruptcy is rising with a vengeance amid the recession, despite a three year old federal law that made it much tougher for Americans to escape their debts, an analysis by the Associated Press found.

 

"There's no end in sight" said bankruptcy lawyer Bryan Elliot of Hickory S.C., who is working seven days a week and scheduling prospective clients a month in advance.

 

Nearly 1.2 million debtors filed for bankruptcy in the past 12 months, according to federal court records collected and analyzed by the Associated Press.  Last month, 130,831 sought bankruptcy protection.  An increase of 46 percent over March 2008 and 81 percent over the same month in 2007.

 

Bob Lawless, a professor at the University of Illinois College of Law, said bankruptcies could reach 1.5 million this year and level off at 1.6 million next year - around the same time economists expect an economic recovery to begin.

 

Congress voted in 2005 to make bankruptcy more cumbersome after years of intense lobbying form the nation's lenders, who complained that people were abusing the system.  Before the move to change the law, bankruptcies were running at what was then an all-time high of about 1.6 million per year.

 

The tighter requirements initially appeared to work, with bankruptcies plummeting from a record-shaking 2 million cases in 2005 - a total that reflected a rush to file before the new law took effect - to 600,000 in 2006.  But now bankruptcies are booming again.

 

"You wouldn't get this large of a rise without serious problems in the economy," said Lynn LoPucki, a UCLA law professor who researches bankruptcy.

 

The bankruptcy rate is climbing as well.  In the past 12 months, about four people or businesses for every 1,000 people in the country filed for bankruptcy according to the Associated Press analysis.  That is twice the rate in 2006, and close to the average of about five for every 1,000 in the decade leading up to the change in the law.

 

Lawless said the shame of bankruptcy may have eased somewhat in recent years, but added, "This still a very stigmatizing, traumatic event for most everyone who files."

 

Previous recessions also drove people to bankruptcy court, though those increases were more moderate.  Bankruptcies went up 19 percent amid the economic contraction in 2001, and about 15 percent during the recession of the early 1980's, according in the Administrative Office of the U.S. Courts.

 

Bankruptcy is considered a lagging economic indicator, since it is generally a last resort.

 

Under the 2005 law, Congress imposed higher fees on those seeking bankruptcy and began requiring credit counseling sessions and a "means test" to assess debtors' ability to pay what they owed.

 

Lawless said his research found that the law simply increased the cost of filing by 50 percent and led many more people to cling to false hope longer.

 

"The point of the bankruptcy system is to give the honest but unfortunate debtor a fresh start." Lawless said "The fact that people are waiting longer to file shows just how mean-spirited the law is."

 

TRENDS IN WESTCHESTER COUNTY FOR THE TOWNS OF:

YONKERS, MT. VERNON, WHITE PLAINS, NEW ROCHELLE, PORT CHESTER, PEEKSKILL, CORTLANDT MANOR, MOHEGAN LAKE, ELMSFORD, AND MAMARONECK

 

 

 

As of February 2009 RealtyTrac.com reports that Westchester now has 2,841 homes in some stage of a foreclosure proceeding.

 

YONKERS leads the list with a total of 652 homes in foreclosure with 47 homes entering foreclosure in February 2009.

 

MOUNT VERNON has a total of 463 homes in foreclosure with 32 homes entering foreclosure in February 2009.

 

WHITE PLAINS has a total of 207 homes in foreclosure with 22 homes entering foreclosure in February 2009.

 

NEW ROCHELLE has a total of 181 homes in foreclosure with 18 homes entering foreclosure in February 2009

 

PORTCHESTER has a total of 141 homes in foreclosure with 13 homes entering foreclosure in February 2009

 

PEEKSKILL has a total of 144 homes in foreclosure with 12 homes entering foreclosure in February 2009

 

CORTLANDT MANOR has a total of 88 homes in foreclosure with 11 homes entering foreclosure in February 2009

 

MOHEGAN LAKE has a total of 33 homes in foreclosure with 6 homes entering foreclosure in February 2009

 

ELMSFORD has a total of 35 homes in foreclosure with 6 homes entering foreclosure in February 2009

 

MAMARONECK has a total of 40 homes in foreclosure with 5 homes entering foreclosure in February 2009

 


April 2009 Foreclosure Rate Heat MapWestchester Foreclosure Heat map

 


Foreclosure Activity Counts - Westchester County, NY

Foreclosure Activity Counts - Westchester County, NY


 

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©2004 David J. Babel, Esq.  All Rights Reserved.

Updated on: 12/05/2011

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