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Thursday, March 10, 2005

Daily expenses can overwhelm

Senate to pass bankruptcy-prevention bill

At least once a week, credit card offers fall out of your mailbox.

The end result of the continuous barrage of credit card marketing is a top reason people go bankrupt, Roanoke-area lawyers and credit counselors say. People often rack up charges on numerous credit cards and cannot manage the debt. Roanoke's total bankruptcy filings dropped slightly in 2004, compared to 2003, according to the U.S. Bankruptcy Court's Western District of Virginia.

But bankruptcy lawyers said that bankruptcies still are high compared to years past, and their causes remain the same.

Bruce Mayer, a Roanoke bankruptcy lawyer, said that he's seen credit card companies send people free card offers even after they have filed for bankruptcy.

"People are inundated," he said.

Increased and more aggressive collection of payments for medical expenses along with the rise of cash advance businesses are two other factors that play a role in bankruptcies, said Michael Hart, a Roanoke bankruptcy lawyer.

Cash advance businesses lend money quickly and charge high fees.

"Obviously the market's there, and those places prey on people who are at the very bottom of the economic pile," Hart said.

Some people also file for bankruptcy after a divorce, said Darren Delafield, a local bankruptcy lawyer, explaining that "when families break up, they have to maintain two households without any increase in income."

Life's daily troubles and expenses, rather than exorbitant spending on luxury items, ultimately led to bankruptcies, Mayer said.

"Rarely do you see anybody who bought some luxury stuff with a credit card," he said. "It's the Kroger, Kmart, Wal-Mart, Amoco gas station kind of charges."

Chapter 7 bankruptcies, which erase debt but require the liquidation of most assets, were the most common kind filed in the Roanoke area at 4,268 in 2004, compared to 4,565 in 2003, according to the bankruptcy court. Chapter 13 bankruptcies, which involve the reorganization of debt payments, ranked second-highest at 950 in 2004, compared with 899 in 2003.

The Bankruptcy Reform Bill moving through Congress would impose stricter criteria on people who file Chapter 7 bankruptcy and encourage them to file Chapter 13.

Hart said that the proposed law would not have much impact in Roanoke because many people already would meet the test measures for filing Chapter 7. The criteria would measure income level, number of family members and other assets.

There are several signals that someone may be at risk of filing for bankruptcy. These include living paycheck-to-paycheck or using credit cards to pay everyday household expenses, said Veronica Maus, Virginia director of education with American Credit Counselors in Roanoke. Failure to maintain a household budget also is a red flag, she said.

Mayer said that he does not expect Roanoke's bankruptcy level to drop significantly in the next few years, particularly with the instability of the job market nationally.

"People get used to overtime, and that's not there anymore," he said. "They lose a good job and get a lower-paying job. That's the controlling factor."

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