Bankruptcy News August 2008
August 12th, 2008 by juliandonnellyThere’s been a lot of news lately, so here’s my update for August 2008…
The latest insolvency statistics have been released recently. There were 24,553 individual insolvencies in England and
Wales in the second quarter of 2008 on a seasonally adjusted basis. This was a decrease of 2.0% on the previous quarter and a decrease of 8.3% on the same period a year ago.Â
This was made up of 15,297 bankruptcies, a decrease of 1.3% on the previous quarter and a decrease of 5.7% on the corresponding quarter of the previous year, and 9,256 Individual Voluntary Arrangements (IVAs), a decrease of 3.2% on the previous quarter and a decrease of 12.4% on the corresponding quarter of the previous year.
A year after the credit crunch with talk of recession, doom and despair, these figures may seem at odds with the rest of the economic indicators. I believe, however, this is a false dawn and things are going to get a lot worse before they get better. Allow me to elaborate …..Â
Last year saw a fundamental shift in creditor attitudes to IVA’s with the bar being raised from a minimum of 25p in the pound to 40p in the pound. In addition, with the banks’ balance sheets still under pressure after the credit crunch, banks are trying to keep as much debt as possible on their balance sheets, so more people are being pushed toward debt management plans.Â
With bankruptcy still publically misunderstood and many people not able to make the 40p in the pound minimum for IVA’s (whereas 25p in the pound would have been achievable), the only perceived option is debt management plans. It is more than likely that this is a time bomb waiting to go off.Â
Debt management plans, although regulated, do not afford any extra legal protection for the debtor. There is no legal requirement for the creditors to accept reduced payments or freeze interest. In addition, the creditor at any time can decide that enough is enough and demand payment in full. It is not uncommon for people to go into a long term debt management plan and end up owing more money than when they started.Â
A lot of people are currently using debt management plans as a short-term holding pattern whilst waiting for economic recovery and the heady days of cheap borrowing and rocketing house prices. With house prices already haven fallen 9% since their peak last year (with no end in sight), and borrowing getting ever harder to obtain for everyone, this clearly cannot go on for ever.Â
It is more than likely that it will be another 18 months before any significant signs of recovery make their presence known. So what’s likely to happen now? I would fully expect a sharp rise in quarter 4 of this year, with 100,000+ bankruptcies in 2009 a probability rather than a possibility.Â
Where does this leave the individual who is struggling now in the hope things are going to get much better soon? The simple answer is, the longer the delay in getting your financial situation sorted, the worse things are likely to be. The best advice is that if you find yourself struggling, seek expert help now. The sooner you face up to the truth, the more options that will be available.Â
As a discharged bankrupt myself, I understand the thought processes in the run up to bankruptcy. It is far easier to ignore the problem as that “blue-sky†deal that will solve all your problems is just around the corner. It rarely happens, so the sooner you admit the true extent of the problem to yourself, the more time you have to do something about it. Â
It is also worth noting that creditors will generally be as helpful and supportive as possible if you speak to them as soon as you realise there is a problem. If you miss a few payments and ignore all their attempts at contacting you, it is more than likely they’ll lose patience and throw the book at you. Been there, done that!Â
Anyone who is concerned they are heading for financial meltdown should feel free to post questions on our forum or call the helpline. You are not alone and there is help out there …. You just need to ask!

