Good Money Management Hurting Credit Card Issuers

That increase in consumer credit reported by the Federal Reserve earlier this month isn't reflected in the returns of major credit card issuing banks. Several major banks reported first quarter earnings this week,and some of the largest credit card issuers reported surprising downturns.

Many issuers of consumer credit reported losses during the last quarter of 2005, but expected profits to rebound after losses associated with the October rush of bankruptcy filings were absorbed.

Now, creditors who pushed hard to make consumers "more responsible" about credit card debt have received an ugly shock: it worked. It's unclear whether or not the recent bankruptcy reform impacted the trend, but consumers are doing more than keeping their minimum payments up to date. Instead, many are paying their accounts in full.

During the first quarter of 2006, J.P. Morgan reports a decline of $8 billion in outstanding credit card debt. Citigroup reports a decline of $5.7 billion.

The credit industry might have wanted to ensure that credit accounts were paid, but it certainly didn't intend that they be paid off--or even necessarily on time. The industry's profit depends on interest charges and fees associated with late payments and charges beyond established credit limits.

According to Dow Jones's MarketWatch, officials at both banks admit that these timely payments of outstanding balances present problems for the banks.

Not surprisingly, the column also reports that some issuers are already increasing other fees to compensate.

Outstanding Consumer Credit Grows Despite 2005 Bankruptcy Filings

According to a report released by the Federal Reserve last week, total outstanding consumer credit in February stood at $2,166,200,000,000--up $4 billion from the third quarter of 2005, the last quarter before the rush of bankruptcy filings in the fall of 2005.

The report also shows revolving credit up more than $9 billion since the third quarter of 2005, to $804,100,000,000.

The total outstanding consumer credit is 1.87 times as high as it ws just ten years ago.

Chapter 7 Filings on the Rise Again

After BAPCPA went into effect in October, Chapter 13 filings slightly led Chapter 7 filings for the remainder of 2005. However, it looks like that tide is turning already. According to data released by LexisNexis this week, only nine states reported higher Chapter 13 filings in the first quarter of 2006.

In March, more 60% of consumer bankruptcies were filed under Chapter 7. Perhaps even more significantly, the total number of bankruptcy filings in March exceeded 50,0000--more than double the number filed in January of this year.

Perhaps as the effects of the huge increase in filings last October dissipate and the misinformation leading consumers to believe that Chapter 7 is out of reach is gradually corrected, the fluctuations of the past six months are finally stabilizing.

Bankruptcy Filing Fee Increases Effective 4/9/06

For all Chapter 7 and Chapter 13 cases filed on or after April 9, 2006, total fees will increase to:

Chapter 7: $299
(Statutory Filing Fee of $245, Administrative Fee of $39, and Case Trustee Fee of $15)

Chapter 13: $274
(Statutory Filing Fee of $235 and $39 Administrative Fee)

Avoiding the Means Test - And Other Reasons to File Under Chapter 13

Back in February, we generated some inter-blog discussion of the possibility and wisdom of filing petitions strategically under Chapter 13, since the means test would not be required to convert such a case to Chapter 7.

Recently, Tim Truman, a Chapter 13 Trustee for the Northern District of Texas, included that very item in his list of 50 reasons to file under Chapter 13--and without any mention of the potential risks we discussed.

Truman's list also includes the ability to repay non-dischargeable taxes, lower filing fees under Chapter 13, and the ability to dismiss and re-file Chapter 13 cases indefinitely, so long as each lasts for at least two years.

Truman also points out that our fees are typically 3 to 4 times higher in a Chapter 13 case, and those fees can be collected and accounted for by the Chapter 13 Trustee.