-
Personal bankruptcies are rising.
-
Consumer stress is growing with rising prices, tariffs and slowing job growth.
-
Medical expenses, job losses and divorce are among the top problems that lead to a bankruptcy.
Personal bankruptcy filings are up as much as 15% in 2025. It’s likely they’ll rise even more in 2026.
Some of it is the economy, which may look great overall on paper. (Nvidia (NVDA) hit a new 52-week high on Thursday.) But many consumers are stressed from slowing job growth, tariffs, and business uncertainty.
💵💰Don’t miss the move: Subscribe to TheStreet’s free daily newsletter đź’°đź’µ
Plus, there’s the continuing hangover from the Covid-19 pandemic, the disaster that keeps on giving.
That said, there is one specific reason why many Americans will ask bankruptcy courts to help. They’re drowning in student loans.
Related: “Nothing to Negotiate”: Here’s How Long the Government Shutdown Could Last (And How It Could End)
This should not be a surprise. Student loan outstanding in the United States has grown fantastically in recent years, from $511 billion in 2006 to $1.81 trillion as of June, according to data from the Federal Reserve.
Yes, that’s “trillion” with a T, and that total is up 255% in the last 20 years.
Of that total, according to the Federal Reserve Bank of New York, about 10% of student debt — perhaps about $184 billon — is late by 90 days or more. It doesn’t get classified as in default until no payments have been made for 270 days or more.
Related: Dividend ETFs: One unexpected ETF is outperforming Vanguard’s VIG and VYM
Student debt is the largest category of delinquent loans — nearly 30%, according to American Bankruptcy Institute data. That’s ahead of:
-
Credit card debt 26.9%
-
Mortgage debt, 19.5%
-
Auto loans, 14.8%
And President Trump’s 332-page Big Beautiful Bill contains multiple references to the goal of cracking down on non-payers of student loans starting in 2026.
So, the bankruptcy bar is expecting more people with student loans filing for bankruptcy in the next year or so. Bankruptcy lawyer Ed Boltz of Durham, N.C., says he’s already getting calls for help.
In raw numbers, bankruptcy in the United States is a consumer problem and weighted toward the lower end of the income spectrum.
Consumers file under Chapter 7 or 13. The overwhelming number are Chapter 7 filings, which means you liquidate much of your debt and get a fresh start. Chapter 13 is expected to produce a payment plan designed to pay off debt in a number of years. Maybe a third actually succeed.
