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The Honolulu Advertiser
Posted on: Saturday, May 2, 2009

April bankruptcy filings here up 59%

By Greg Wiles
Advertiser Staff Writer

Hawai'i bankruptcy filings jumped by 59 percent in April, reaching their second-highest total in the 3 1/2 years since the change in bankruptcy laws.

Figures released by the U.S. Bankruptcy Court in Honolulu show there were 251 bankruptcies filed last month, with only March's 270 filings totaling more since the laws were changed in October 2005.

Bankruptcy filings have been accelerating over the past year because of an increase in unemployment, a credit crunch and lingering problems associated with the subprime mortgage crisis.

While Hawai'i has one of the lowest per-capita bankruptcy rates in the nation, the number of filings has surged in each of the past eight months by more than 50 percent over the same month in the previous year. There may be more to come, according to local attorney Kendal Luke, who helps people prepare their bankruptcy petitions.

"It's just getting worse," Luke said. "I'm seeing it all over the place."

He said that includes people who've lost their jobs, others who have subprime mortgages carrying an interest rate of 10 percent, and hotel workers who've seen their hours cut.

"I don't see it slowing down for a couple of years."

The bulk of the filings in April were by individuals choosing to file Chapter 7 bankruptcies, under which certain assets are liquidated to pay creditors. There was a single Chapter 11 bankruptcy filing as Maui-based Reliable Foods Inc. sought financial reorganization.

There also were 57 petitions for Chapter 13 bankruptcies, under which individuals typically come up with a plan to pay off debts over a three- to five-year period.

That was the highest total of Chapter 13 filings since September. Luke said he believed the increase occurred because more people are late making mortgage payments and want to save their homes.

"I honestly think it's because more people are behind on their mortgages and want to get caught up," he said.

A recent report by the Administrative Office of the United States Courts listed Hawai'i as having 2008's fourth-lowest per capita bankruptcy filing rate among the states and Washington, D.C.

It found there were 1.62 filings per 1,000 residents in this state. Only Wyoming (1.50), Washington, D.C. (1.47) and Alaska (1.30) had lower rates.

The worst rate was in Tennessee, which had 7.65 filings for every 1,000 people.

Reach Greg Wiles at gwiles@honoluluadvertiser.com.