Consumer Bankruptcy Filings Up 11 Percent Through Nine Months of 2010

ALEXANDRIA, Va. — Consumer bankruptcy filings totaled 1,165,172 nationwide during the first nine months of 2010, an 11 percent increase over the 1,046,449 total recorded during the year-ago period, according to the American Bankruptcy Institute (ABI).

Relying on data from the National Bankruptcy Research Center, the ABI reported that consumer filings for the three quarters of 2010 represent the highest total since 2005, when Congress enacted the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) to try and stem the tide of filings.

“While the 2005 bankruptcy overhaul law aimed to reduce filings, overall consumer debt and continued financial stress have led to consumer bankruptcies climbing back to pre-BAPCPA levels,” said ABI Executive Director Samuel J. Gerdano. “We expect that there will be nearly 1.6 million new bankruptcy filings by year end.”

The overall September consumer filing total of 130,329 was 4.4 percent more than the 124,790 consumer filings recorded in September 2009. The September total also represented a 3.3 percent increase from the August 2010 total of 127,028 consumer filings. Chapter 13 filings constituted 30 percent of all consumer cases in September, a slight increase from August.