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Bankruptcy Filings Hit New Records in Run Up
to New Bankruptcy Law Implementation

Contact:

Karen Redmond, 202-502-2600
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December 1 , 2005 — Bankruptcy cases filed in federal courts grew 10 percent in fiscal year 2005, according to the Administrative Office of the U.S. Courts—rising to the highest number of bankruptcies ever filed.

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New Law Creates Rush to File in Federal Courts

During the 12-month period ending September 30, 2005, 1,782,643 bankruptcies were filed, up from the 1,618,987 bankruptcy cases filed in fiscal year 2004.

Filings for the 3-month period from June 30, 2005 to September 30, 2005, also were the highest number filed for any quarter in the history of bankruptcy, totaling 542,002. The large number of filings is due to the many individuals who filed for bankruptcy before October 17, 2005, the implementation date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.

The federal Judiciary's fiscal year is the 12-month period ending September 30. The bankruptcies reported are for October 1, 2004 through September 30, 2005.

Here are the F-2 bankruptcy statistics tables for the 12-month and 3-month period ending September 30, 2005, and the F-2 Table comparing 2004 and 2005: Table F (12 Month Period) (xls) and Table F-2 (3 Months Period) (xls), and Table F-2 (12 Months Period) (xls).

Business and Non-Business Filings
Years Ended
September 30, 2001-2005
Year Business Non-Business TOTAL
2005 34,222 1,748,421 1,782,643
2004 34,817 1,584,170 1,618,987
2003 36,183 1,625,813 1,661,996
2002 39,091 1,508,578 1,547,669
2001 38,490 1,398,864 1,437,354

Business and Non-Business Filings

Business bankruptcies for FY 2005 fell 2 percent to 34,222, from the 34,817 business bankruptcies filed in FY 2004. Non-business or personal bankruptcies rose 10 percent in FY 2005, to total 1,748,421, up from 1,584,170 in FY 2004. This is the largest number of non-business bankruptcy filings ever reported for a 12-month period.

Filings Under Chapters 7, 11, 12 and 13

In FY 2005, filings under Chapters 7 and 12 of the Bankruptcy Code rose, while filings under Chapters 11 and 13 fell.

  • Chapter 7 filings in FY 2005 totaled 1,346,201, up 17 percent from 1,153,865 in FY 2004.
  • Chapter 12 is designed to meet the needs of financially distressed family farmers. In FY 2005, Chapter 12 filings totaled 364, up 53 percent from the 238 cases filed in FY 2004.
  • Chapter 11 filings dropped 36 percent, falling from 10,368 in FY 2004 to 6,637 in FY 2005.
  • Chapter 13 filings declined 6 percent, falling from 454,412 in FY 2004 to 429,316 in FY 2005.
Bankruptcy Filings by Chapter
of the Bankruptcy Code 12-Month Periods Ending September 30
Chapter
Year 7 11 12 13
2005 1,346,201 6,637 364 429,316
2004 1,153,865 10,368 238 454,412
2003 1,177,292 10,144 698 473,763
2002 1,084,336 11,669 322 451,258
2001 1,014,137 10,519 379 412,272

Fourth Quarter Filings

The 3-month period ending September 30, 2005, was the Judiciary's final quarter of FY 2005. Bankruptcy filings in the fourth quarter totaled 542,002, the highest total filings ever recorded for a quarter. For a breakdown of filings by all chapters for the quarter, see (link to Table F-2, 3-month period.)

For more on bankruptcy, visit Bankruptcy Basics or the Federal Judicial Center. In addition, historic data on bankruptcy filings is available under Bankruptcy Statistics.

Quarterly Filings*

PERIOD
FILINGS
PERIOD
FILINGS
PERIOD
FILINGS
SEPT. 30, 2005
542,002
DEC. 31, 2001 364,921
MAR. 31, 1998
354,118
JUN. 30, 2005
467,333
SEPT. 30, 2001
359,518
DEC. 31, 1997
347,685
MAR.31, 2005
401,149
JUN. 30, 2001
400,394
SEPT. 30, 1997
353,515
DEC. 31, 2004
371,668
MAR. 31, 2001
366,841
JUN. 30, 1997
367,168
SEPT. 30, 2004
396,438
DEC. 31, 2000
310,169
MAR. 31, 1997
335,073
JUN. 30, 2004
421,110
SEPT. 30, 2000
308,718
DEC. 31, 1996
311,131
MAR. 31, 2004
407,572
JUN. 30, 2000
321,729
SEPT. 30, 1996
303,309
DEC. 31, 2003
393,348
MAR. 31, 2000
312,335
JUN. 30, 1996
297,162
SEPT. 30, 2003
412,989
DEC. 31, 1999
318,634
MAR. 31, 1996
266,149
JUN. 30, 2003
440,257
SEPT. 30, 1999
323,550
DEC. 31, 1995
244,494
MAR. 31, 2003
412,968
JUN. 30, 1999
345,956
SEPT. 30, 1995
233,593
DEC. 31, 2002
395,129
MAR. 31, 1999
330,784
JUN. 30, 1995
235,302
SEPT. 30, 2002
401,306
DEC. 31, 1998
353,108
MAR. 31, 1995
212,626
JUN. 30, 2002
400,686
SEPT. 30, 1998
361,205
DEC. 31, 1994
201,618
MAR. 31, 2002
379,012
JUN. 30, 1998
373,460
SEPT. 30, 1994
208,187

* Because of ongoing corrections to the bankruptcy database, the quarterly data may not total to the most recent annual figures.

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