Demographics of Chapter 7 Debtors

Demographics of Chapter 7 Debtors

Journal Issue: 
Journal Article: 
As part of its ongoing research effort, the Office of Research and Planning of the Executive Office obtained a sample of 1,452 recently closed no-asset chapter 7 cases, most of which were originally filed in late 1998 or early 1999. The cases were gathered from 60 of the 84 federal judicial districts served by the U.S. Trustee Program in proportion to the number of chapter 7 cases filed in each district during 1997. We reviewed the petitions to determine the gender, marital status and family size of each of the debtors. Table I shows the results.

Table I

  Female
(individual)
Male
(individual)
Joint
Filing
Unknown Total
Total Cases
502
428
507
15
1,452
Married
74
82
484
--
640
Separated
32
29
22
--
83
Divorced
126
86
1
2
215
Single*
241
226
--
13
480
Widowed
29
5
--
--
34
*It is likely that some of the debtors who reported themselves as single were actually separated, divorced or widowed.

Filings by females and joint filings each account for about 35 percent of the total, while filings by males accounted for the remaining 30 percent of cases. About 44 percent of the debtors were married, 23 percent were previously married (separated, divorced or widowed), and the remaining 33 percent reported themselves as single.

There are significant financial differences among the male, female and joint debtors. Joint debtors have more dependents, much higher combined incomes, higher unsecured debt levels, and are much more likely to be homeowners than either individual male or female filers. Their debt-to-income ratios1 tend to be a little lower than individual filers.

Individual male debtors have higher incomes than individual female filers. Individual female debtors are far more likely to have dependents than male debtors. However, one-quarter of the individual male filers reported alimony or child support payments on Schedule J of their petitions (Table II).

Table II

  Female Male Joint Filing
Average Family Size
2.01
1.51
3.59
Percent with Dependents
(other than spouse)
47.0%
23.1%
75.0%
Percent Disabled or Retired
13.7%
11.4%
9.6%
Percent Homeowners
27.7%
26.9%
51.3%
Gross Income
Average
Median
$19,716
$18,012
$23,928
$21,420
$37,992
$34,632
Unsecured Debt
Average
Median
$29,503
$19,613
$39,928
$21,925
$44,527
$27,725
Median Unsecured + Priority Debt-to-Income Ratio
1.23
1.04
.91
Child Support/Alimony
Percent Paying
Average Amt. Paid/Year
2.8%
$78
22.2%
$1,176
8.7%
$417

Table III shows the same information for three subgroups of unmarried chapter 7 debtors: males with no dependents, females with no dependents and females with dependents.

As a group, the females with no dependents had lower incomes, higher debt-to-income ratios and were more likely to be disabled or retired. The income levels of the unmarried females with dependents were about the same as the unmarried male debtors. Home-ownership rates were comparable among the three subgroups.

More than one-quarter of the unmarried male debtors report making child support or alimony payments. These payments amount to 6.3 percent of this group's total income, and 19.9 percent of the income of those who are required to make payments.

Table III

  Unmarried Males
(no dependents)
Unmarried Females
(no dependents)
Unmarried Females
w/dependents
Number of Cases
303
239
189
Percent of all Cases
20.9%
16.5%
13.0%
Percent Disabled or Retired
12.9%
21.3%
7.9%
Percent Homeowners
25.4%
28.5%
25.4%
Gross Income
Average
Median
$21,912
$19,800
$17,112
$15,792
$20,760
$19,236
Unsecured Debt
Average
Median
$35,996
$21,700
$34,172
$20,639
$24,953
$17,970
Median Unsecured + Priority Debt-to-Income Ratio
1.14
1.51
.94
Child Support/Alimony
Percent Paying
Average Amt. Paid/Year
25.4%
$1,387
2.5%
$53
3.2%
$94

Most unmarried debtors would be eligible for chapter 7 under pending means-testing proposals. Only about 12 percent of the unmarried debtors in our sample exceed the gross income threshold in H.R. 833, and application of the IRS Expense Guidelines would allow many of the higher-income debtors to remain eligible for chapter 7.


Footnotes

1 Total priority and general unsecured debt listed on Schedules E and F divided by 12 times the gross monthly income from all sources listed on Schedule I. Return to article

Journal Date: 
Wednesday, September 1, 1999