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The Honolulu Advertiser
Posted on: Tuesday, November 3, 2009

Rate of filings slowed in October


BY Greg Wiles
Advertiser Staff Writer

Hawaii news photo - The Honolulu Advertiser
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The number of Hawaii bankruptcies remains relatively high, though the rate of increase is slowing.

Statistics from the U.S. Bankruptcy Court in Honolulu show there were 274 filings in October as people seeking relief from creditors continued at relatively high levels. October's total was down from September's 283 filings, which was the most since Hawaii's economic downturn began last year.

Bankruptcy filings started climbing last year as the state sank into an economic downturn that's thrown thousands onto unemployment rolls and forced employers to cut wages and hours for others. October's filings represented a 39 percent jump in bankruptcies compared with the same month in 2008.

The local figures show Honolulu's rate of increase is lower than most of the Neighbor Islands and that more people are choosing Chapter 13 bankruptcies, which allows people to stave off foreclosure of their homes while coming up with a schedule of payments to creditors.

Honolulu bankruptcy attorney Stuart Ing said he is making more trips to the Neighbor Islands, visiting Maui, the Big Island and Kauai at least twice each month.

"The falling home value is always a problem," Ing said, noting clients are having problems making mortgage payments because they are losing hours at work or have been laid off.

That's resulted in more people choosing Chapter 13 bankruptcies instead of Chapter 7, under which assets are liquidated to pay creditors. Ing said people choosing this type of bankruptcy can eliminate second mortgage debt under some circumstances to come up with a payment plan for the first mortgage.

There were 53 Chapter 13 filings during October, or almost 61 percent more than a year earlier.

Other statistics show:

• There were 159 bankruptcy petitions filed by Honolulu residents last month, or 29 percent more than a year ago.

• Maui County residents filed 53 cases, or 89 percent higher than October 2008.

• The Big Island had the lowest rate of increase with filings rising 17 percent to 42.

• Kauai resident filings doubled to 20.

Ing said bankruptcies traditionally slow as the holidays approach.

But that pattern may be disrupted this year as some state workers see slimmer paychecks because they are taking unpaid furlough days off.

"I was expecting with the furloughs a lot of people," he said. "That hasn't materialized yet."