Bankruptcies fall, but businesses, individuals still struggle

Hawaii bankruptcy cases fell 18.5 percent in August from the year-ago period, extending a string of decreases to eight of the last nine months.

There were 2,379 filings through the first eight months, down from 2,696 during the same period last year, according to data Thursday from U.S. Bankruptcy Court, District of Hawaii.

The 268 filings last month matched July’s total but were down from 329 a year earlier.

The decrease in filings isn’t indicative of improved market conditions, according to Honolulu bankruptcy attorney Greg Dunn.

"That’s seems pretty odd because I’m working just as much as I did last year," said Dunn, who works 80 to 100 hours a week. "There’s a lot of problems in our economy still."

The most notable case was filed on the last day of the month by the owners of the Waikiki Edition hotel to prevent management of the hotel from reverting to Marriott International Inc. The hotel owners, M Waikiki LLC — an affiliate of San Diego-based eRealtyFund LLC — installed a new management team on Sunday and renamed the hotel the Modern Honolulu. Marriott subsequently won an order from a New York state judge that forced M Waikiki to reinstate the management company, which was blocked by the Chapter 11 bankruptcy.

Chapter 7 bankruptcy filings, or liquidation, plunged 20.3 percent in August from the year-earlier period while Chapter 13 filings, otherwise known as wage-earner cases, dropped 14.3 percent. Chapter 11 business reorganization filings were flat.

Consumer Credit Counseling Service of Hawaii has not seen an indication that personal finances have improved from recession levels. The agency counseled nearly 8 percent more families year-over-year in the first half of the year for a total of nearly 1,500.

"People are continuing to struggle with unemployment and underemployment and we’re not seeing signs of recovery," Wendy Burkholder, the agency’s executive director, said last month. "That’s not indicative of any kind of recovery."

Dunn said bankruptcies could rise next year as foreclosures pick up under a new law that encourages judicial foreclosures, which typically result in deficiency judgments against homeowners who would be required to pay the difference between what a home sells for in a foreclosure and what is owed to the lender.

"Even though cases might have gone down, I still see problems out there," Dunn said. "I don’t think it’s really getting that better. I’m not convinced that we’re out of the jungle yet."