Many Expect More Bankruptcies than Normal in 2022

TRI Writer • August 17, 2022

Did you know that in the U.S., the number of bankruptcies is rising at an alarming rate? In the last two decades, we’ve seen a shocking increase in Americans who cannot manage their debt without help from bankruptcy law. As public platforms increase awareness of bankruptcy statistics, more people are aware of their options.

Shocking Bankruptcy Statistics Paint a Picture of a Nation Struggling with Debt:

  • Approximately 1.5 million Americans file bankruptcy each year
  • 5% of bankruptcy cases are attributed to reckless spending
  • 52 mega bankruptcies were recorded in the first three quarters of 2020 (a record-setting number)
  • Well-educated individuals file 20% of U.S. bankruptcies
  • 52% of bankruptcy filers are male

What is Leaving So Many Americans Struggling with Debt?

In the United States, general bankruptcy statistics indicate that 62% of personal bankruptcies are filed due to medical expenses, close to ⅔ of all bankruptcies. Interestingly enough, the same study revealed that 72% of bankruptcy filings were for people who held some health insurance coverage. According to the reports, people suffering from a rare disease or serious illness are often left with hundreds of thousands of dollars in medical bills – the type of medical bills that wipe out savings, college funds, and modest family inheritances and leave people with little to no options outside of declaring bankruptcy. Additionally, as technological advances continue to grow exponentially, healthcare costs also increase, leaving medical expenses at an all-time high.

Reckless Spending Accounts for Only 5% of Bankruptcy Filings:

While 26% of Americans between 18 and 64 struggle to pay some form of medical bill, the high percentage of bankruptcies due to medical bills isn’t surprising. However, the low rate of bankruptcies due to reckless spending is astonishing at only 5%. While reckless spending may not be the leading cause of bankruptcy, it is still notable that 5% of bankruptcies are avoidable, mainly because some Americans spend beyond their means intending to file for a discharge of debt. However, it’s important to note that this situation applies to a minimal number of bankruptcy petitioners. The majority of petitioners are seeking assistance for legitimate reasons.

If you need to discuss getting out of debt , or you need to talk about obtaining a discharge of debt through bankruptcy, get in touch with Kenneth C. Rannick, P.C., Tennessee, and Georgia bankruptcy attorney. You are in good hands with Kenneth C. Rannick P.C.

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Are you a Tennessee resident facing financial challenges and considering bankruptcy? If so, you may have heard about a relatively new option called Subchapter 5 bankruptcy. But what exactly is Subchapter 5 and how does it differ from traditional Chapter 11 bankruptcy? More importantly, what benefits does it offer to individuals and small businesses?  In this blog post, we will explore the world of Subchapter 5 bankruptcy and shed light on its advantages for Tennessee residents. Whether you're a struggling entrepreneur or an individual burdened by overwhelming debt, understanding the potential benefits of Subchapter 5 can help you make informed decisions about your financial future. What is Subchapter 5 Bankruptcy? Subchapter 5 is a relatively recent addition to the United States Bankruptcy Code, specifically designed to provide a streamlined and cost-effective bankruptcy process for small businesses and individuals. It was created as part of the Small Business Reorganization Act (SBRA) in 2019, with the aim of increasing accessibility to Chapter 11 bankruptcy relief. The Benefits of Subchapter 5 Bankruptcy Simplified Process: One of the key advantages of Subchapter 5 is its simplified and faster bankruptcy process. Unlike traditional Chapter 11 bankruptcy, which can be complex and costly, Subchapter 5 offers a more streamlined approach that is better suited for small businesses and individuals. Retention of Ownership: Under Subchapter 5, business owners have the opportunity to retain ownership and control of their company while developing a repayment plan. This allows for greater flexibility and the ability to restructure debts without losing ownership interests. Reduced Plan Requirements: Subchapter 5 eliminates certain stringent plan requirements that are typically associated with traditional Chapter 11 bankruptcy. This simplification of the plan process makes it more accessible to small businesses and individuals. Debt Repayment Plan: Subchapter 5 allows for the development of a debt repayment plan based on the individual's or small business's disposable income. This plan spans over three to five years, making it more manageable and achievable for debtors. Creditor-Friendly Approach: Subchapter 5 encourages creditor participation and collaboration, promoting consensual resolutions and a more amicable environment. This can lead to increased cooperation, reduced litigation costs, and ultimately, a more successful restructuring process. Subchapter 5 vs. Chapter 11 Bankruptcy: Understanding the Difference While both Subchapter 5 bankruptcy and traditional Chapter 11 bankruptcy share some similarities, there are significant differences between the two. The primary distinction lies in the complexity, cost, and requirements associated with each option. Subchapter 5 offers a more simplified and accessible bankruptcy process specifically tailored to the needs of small businesses and individuals, while Chapter 11 is better suited for larger businesses with more complex financial structures. If you're a Tennessee resident grappling with financial difficulties, Subchapter 5 bankruptcy may provide a viable solution. Its streamlined process, reduced plan requirements, and debtor-friendly approach make it an attractive option for small businesses and individuals seeking relief from overwhelming debt. Before making any decisions, it's essential to consult with a qualified bankruptcy attorney who can guide you through the process and help determine the best course of action for your specific situation. Remember, bankruptcy is not a one-size-fits-all solution, and the outcome will depend on various factors. However, understanding the potential benefits of Subchapter 5 bankruptcy can empower you to make informed decisions about your financial future. At Kenneth C. Rannick, P.C., we specialize in bankruptcy law and can provide the guidance and support you need during challenging times. Contact us today to schedule a consultation and explore your options for a fresh start. Take control of your financial future with Subchapter 5 bankruptcy. Let us help you navigate the path to a brighter tomorrow.
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