Bankruptcy filings climb for Augusta, neighbors

Rising debt and a slow economy have forced a growing number of consumers to file for bankruptcy in Augusta and elsewhere.

Bankruptcy filings in Augusta and surrounding counties increased 16 percent between January and July compared with the same time last year, according to statistics from the U.S. Bankruptcy Court for the Southern District of Georgia.

In July alone, bankruptcy filings rose 42 percent from July 2007.

The numbers are directly connected to consumers hit with the rising costs of living, the mortgage crisis and job instability, said Zane Leiden, an Augusta lawyer who deals primarily with bankruptcy cases.

"Most of the time it is the last resort," Mr. Leiden said. "They have borrowed the max amount from their 401(k), pawned their automobile titles and sold their property. Nobody comes to me and says, 'I have money to pay everybody. I just don't want to.' "

Most often, individuals will file Chapter 7 bankruptcy, which means they sell their assets to try to cover what they owe, and whatever they can't pay is discharged, said Jack Williams, a Georgia State University bankruptcy lawyer.

Congress hoped to decrease bankruptcy filings with the Bankruptcy Abuse Prevention and Consumer Protection Act passed in 2005, Mr. Leiden said. The legislation required preliminary credit counseling, increased filing fees and imposed other restrictions, Mr. Leiden said, but it did not help consumers.

"If your hospitals are overflowing with patients, your first question should be why this is happening, not: 'Let's start shutting the doors,' " Mr. Leiden said. "They were so beholden to the lending industry that they really didn't consider the other side."

Americans who are unemployed or those who are employed but using most of their income toward debt often fall victim to bankruptcy, Mr. Leiden said. Single mothers are being hit the hardest, he said.

Nationwide, filings rose almost 30 percent for the first half of the year compared with the same period last year, according to the American Bankruptcy Institute. In July, filings rose 48 percent from July 2007.

The rise will likely continue, Mr. Williams said.

"We're going to see an increase of more than 1 million bankruptcy filings this calendar year," he said. "It's going to get a little worse before it gets better for both Georgia and the nation."

Reach Stephanie Toone at (706) 823-3215 or stephanie.toone@augustachronicle.com.