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Experts cite entrepreneurship, state laws, young work force as reasons
The Atlanta Journal-Constitution
Published on: 05/02/08
Georgia continues to be one of the nation's bankruptcy leaders.
Georgia ranked No. 2 nationally for its rate of consumer bankruptcy filings in the first quarter of the year. The bankruptcy courts statewide processed 12,981 consumer filings during the quarter, up 16 percent from the same period in 2007.
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Only Tennessee had a higher bankruptcy rate than Georgia. In Tennessee, the rate in annual terms was 1 bankruptcy filing for every 56 households. In Georgia, 1 in every 60 households sought legal protection from creditors, according to the National Bankruptcy Research Center, a California-based data firm.
Tennessee and Georgia also led the rankings for 2007.
"Georgia has historically had a large number of bankruptcy filings relative to the other states," said Jack Williams, a Georgia State University law professor who also serves as a resident scholar for the American Bankruptcy Institute, a nonpartisan research organization. "Rarely will it fall out of the top 5."
In a comparison of the total volume of filings, irrespective of the rates, Georgia also stood out. Only California had more total filings in the first quarter than Georgia did.
"These numbers reflect the lives of real folks who are going to go through a significant amount of financial pain and emotional hurt, and that's never a good thing," Williams said.
A variety of forces push Georgia to the top of the bankruptcy charts, including Georgia's entrepreneurial spirit, state laws that are friendly to creditors and a growing economy that tends to attract young workers.
"We have a lot of entrepreneurs who take on a lot of risk," Williams said. "With risk comes not only success, but failure. That really is one of the primary drivers for us."
Experts view Georgia's fast foreclosure process as another powerful force in rates.
Filing for bankruptcy protection automatically halts a foreclosure sale and gives the homeowner more time to cover overdue mortgage payments. Most homeowners are at least a few months behind before a lender initiates a foreclosure, but once the process starts a house can be sold on the courthouse steps in as few as 37 days. No state has a faster process than Georgia.
"That's a perennial issue," said Jeffrey M. Humphreys, director of the University of Georgia's Selig Center for Economic Growth. "The fact that we're in a housing recession accentuates that."
Filings at the state's bankruptcy courts usually spike in the days before the first Tuesday of every month, when state law mandates that foreclosure sales be conducted.
While bankruptcy filings were up in Georgia, states being hit hardest by declining real estate prices saw even larger jumps in bankruptcy petitions in the first quarter.
California saw the largest increase, with a 72 percent increase in filings to 23,956, according to the National Bankruptcy Research Center.
Four other states hit hard in the mortgage meltdown — Rhode Island, Florida, Nevada and Arizona — also saw their bankruptcy filings jump by more than 60 percent in the first quarter, compared to the same period in 2007.
Foreclosures are high in Georgia, but the state is not suffering the declines in real estate values hitting some other states. Housing prices statewide actually showed a tiny appreciation in the last quarter of 2007, Humphreys said.
"The bottom line is that our values are holding up fairly well, so even though people are going into bankruptcy, they aren't going in for the same reasons as people in states where home values are dropping like a rock," Humphreys said.
Indeed, the first-quarter statistics suggest that most Georgians entering bankruptcy are trying to keep their homes, not walk away. About 55 percent of Georgians who file for bankruptcy filed Chapter 13, which allows consumers to hold onto their house and car but requires that they repay a portion of their debts. A Chapter 7, chosen by 45 percent of Georgians who file for bankruptcy, is a liquidation in which most debts are wiped out, but so are all of a consumer's assets that aren't protected by exemptions.
Nationally, Chapter 13 filings accounted for 36 percent of bankruptcies, while Chapter 7 filings made up the other 64 percent, according to the research center.
In addition to foreclosures and failing businesses, Georgia's fast-growth economy also tends to make it vulnerable to high rates of bankruptcy.
The state tends to attract young workers who are vulnerable to layoffs and often don't have much of a cushion, Humphreys said.
States with the lowest bankruptcy rates are dominated by older workers who are less vulnerable during economic slowdowns.
"Georgia is never going to be low on the list simply because we are one of the fastest-growing states," Humphreys said.
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Comments
By Jonathan Ginsberg
May 4, 2008 12:51 PM | Link to this
I have been a consumer bankruptcy lawyer in Atlanta for over 20 years. My take on why our BK rates are so high:
1. credit cards - too easily available and minimal lending standards by the issuers.
2. job loss or reduced salaries - people base their budgets on their last best month, not the average or below average month
3. minimal or no "rainy day" savings
4. "creative" real estate financing
5. absence of household budgets
6. buying things on credit rather than saving up to buy with cash
7. snowball effect by creditors - every creditor wants its payment now, forcing folks into BK that otherwise would and could pay.
By arleen
May 4, 2008 8:01 AM | Link to this
Everyone is suffering in this country. Georgia was just the first to be hit. Let's remember the hard times of 1929--eventually everyone suffered everywhere. So, don't judge. You could be next. This is a time for us to solidify, not judge. Whether someone has a large SUV or a compact BMW makes no difference. Let's all come together and help each other instead of hinder.
By D
May 2, 2008 9:35 AM | Link to this
It's not suprising. Georgia has the highest credit card debt per capita in the country. Let's all copy what we see on tv and hear on the radio, and live well above our means. This is the very reason why our economy is in such diar conditions.
By themansgonnagetyou
May 2, 2008 9:27 AM | Link to this
this information comes to no surprise to those of us who live in the land of $3000 rims, bus-sized SUVs, tasteless mansions, running up your cell bill, $150/mo cable bills, bling, buying with credit, and a social scene that revolves around the shopping. atlanta's materialism and poor work ethic are laughable. people are reeping what they sowed.
By dawg fan
May 2, 2008 9:08 AM | Link to this
watch out vols the dawgs are gonna catch you. woof woof. go dogs!
By Tweety
May 1, 2008 10:49 PM | Link to this
Georgia state laws are in need of being re-done. But I want to make sure I'm understanding this article because what state laws are being referenced--state laws in general don't affect a household filing bankruptcy--I can see how a state's laws governing employer hiring practises would affect a household and therefore force a household to file bankrupt.
Georgia doesn't have a lot of fortune 500 major corporations and the state legislature doesn't have the business sense to attract them--so until that is done the citizens have to make do with the here today gone tomorrow companies, who lay you off or like the State of Georgia offer you early retirement then hire you back in 6 months--hmmmmmmm...is that an unfair hiring practise that could possibly cause one's household to file bankrupt...didn't hire John Doe but re-hired...ooops gotta get it right---re-re-re-hired the retiree who retired from the state 4 years ago last month--OOOOPS my bad....
The young single or married households in Georgia don't stand a chance in hell anyway....so why not file bankrupt anyway..we can refresh in 2-3 years!!!!
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