Stressed over debt? Many people are in the same boat

The Associated Press has come out with a new poll showing that 46% of Americans are experiencing a significant level of stress caused by too much debt.

Families with total incomes under $50,000 per year have seen a sharp increase in their stress levels, although only a very small increase in actual debt levels. For those who make more than that, the situation is reversed — they are paying down debt slowly, but stress levels remain the same.

This poll fairly well replicates the situation of many consumers here in the Merrimack Valley who might be thinking about bankruptcy — people aren’t feeling very optimistic because the recovery just doesn’t feel like a recovery, especially job-wise: “It doesn’t feel much like a recovery to many people. Unemployment is at 9.9 percent. Many with a job have seen paychecks shrink. A growing number of people are at risk of falling into foreclosure, and only those with good credit can get a new loan.”

And although the Federal Reserve says that consumers are cutting debt at the fastest rate in almost 60 years, those numbers are skewed, because many people are “cutting debt” by walking away from mortgages and other underwater loans.

 

By Doug Beaton

Posted in Bankruptcy News | Comments closed

Considering Bankruptcy? Lindsay Lohan may beat you to it!

If you are having a tough time financially, file this in the “misery loves company” folder.

Actress and bon vivant Lindsay Lohan apparently owes $600,000 on her credit cards and can’t even pay her rent. Add to that a reported drug abuse problem and a decline in demand for her acting services, and the outlook isn’t very pretty.

Allmand and Lee’s Texas bankruptcy blog reports that “One credit card company is going to discuss a payment plan for Lindsay.” “But if she doesn’t have the income and can’t make her payments, they are prepared to sue her.”

The Texas lawyers think bankruptcy might be a helpful option for Lohan, even if she gets caught up on the rent: “If she has suffered a drastic reduction in income, she is not unlike other ordinary Americans who have faced job losses and reduced salaries. If the credit card company is able to successfully sue her, she could use bankruptcy to protect her assets including her income from club appearances and any royalties she is receiving from other past jobs. However, bankruptcy will not be able to fix any drug abuse problems or money management issues that the actress has. But bankruptcy will allow her the peace of mind and flexibility she may need to focus her energy on resolving more personal issues that could be fueling her financial crisis.”

 

By Doug Beaton

Posted in Bankruptcy News | Comments closed

Baseball and bankruptcy: Texas Rangers go belly-up while looking for new owner

The Texas Rangers filed for bankruptcy on Monday, making them the only current major league baseball franchise  seeking court protection from creditors.

The Chapter 11 filing was pre-planned, seemingly with the intention of clearing the way for a sale of the team to a new ownership group that includes former Ranger and Hall of Famer Nolan Ryan.

Among the top 30 unsecured creditors is Alex Rodriguez, who is owed $24.9 million in deferred compensation six years after he was traded to the New York Yankees.

A-Rod shouldn’t have too much to worry about, however, as compensation claims typically receive the highest payback priority in a bankruptcy case, and the Rangers have announced that they have received debtor-in-possession financing to keep the club afloat until the sale to Ryan and his partners can be finalized later in the summer.

Ryan and his partners said they do not think the bankruptcy case will keep the team from competing for top players in the trade market that runs through July 31st.

 

By Doug Beaton

Posted in Bankruptcy News | Comments closed

What will bankruptcy do to your credit rating?

One of the most common questions bankruptcy lawyers get is some version of “what will a bankruptcy do to my credit rating?”

Surprisingly, there is no real answer to the question, as the client is really asking me for a prediction, not a legal or practical opinion. It is just like asking if the Red Sox will win the pennant, or will the stock market rise this year, or will the Atlantic states be battered by hurricanes again? There are those who venture predictions on these matters, with greater and lesser results. But in the end they are predictions, not certainties.

Same thing with your credit score. For most folks in the Lawrence or Salem, NH area, in this market, it’s probably safe to predict that:

1. Your bankruptcy filing will be less significant with each passing year;

2. A recent filing influences the price of credit, so credit at a high price may still be available;

3. You will recover for home buying purposes faster than for getting unsecured credit; and

4. Your credit score will get a modest boost immediately after you get a discharge (four months for most chapter 7 cases).

So those are my predictions, for what they are worth. If you are looking for the hurricane forecast, you can get it here.

And Go Sox!

 

By Doug Beaton

Posted in Practical tips | Comments closed

What not to do when hiring a bankruptcy lawyer

Missouri bankruptcy attorney Wendell Shark has written a great post on what not to do if you are thinking of hiring a bankruptcy attorney.

Among his no-no’s are:

1. Holding back on information during an initial consultation. Lawyers are trained to help get people out of jams when they can, but are basically powerless to fix problems they don’t even know about.

2. Not answering questions bluntly and honestly. Relax, most attorneys have heard worse stories before.

3. Taking advice from friends or from internet chat rooms. Attorney Stark says “Your friends are really horrible lawyers.”

4. “Shopping the facts” between lawyers. Nothing wrong with getting a second opinion, but shading the truth after the first lawyer tells you about a complication is asking for trouble.

5. Don’t take advantage of new lawyers. Don’t intentionally take a complicated case to a young lawyer or you both end up getting sunk.

6. Don’t be blind to potential complications in your case. If you are told your situation is unusual, it is not the end of the world, and a good lawyer will be able to fashion a strategy to attack the problem.

Nothing is guaranteed in the law, but well thought out effort can improve most sticky situations.

 

By Doug Beaton

Posted in Practical tips | Comments closed

When do Chapter 13 plan payments start?

Debtors who file consumer bankruptcy cases under Chapter 13 are usually attempting to “dig themselves out of the hole” by making regular payments to a bankruptcy trustee, who, after deducting a commission, will distribute the funds to help pay creditors.

Once these debtors file a case, or right before they intend to file, they may be wondering how soon the payments start.

Under the current bankruptcy code, a first payment must be made within thirty days after the case is filed. Be careful to note that this may well be before you “go to court” for any type of hearing in the case; it will always be before your plan is confirmed.

Chapter 13 debtors in the Lawrence, Methuen, Haverhill and Andover areas will be making their payments to the Chapter 13 trustee’s office in Worcester. Besides arriving within 30 days after filing, the payment must be made by a money order, no personal checks are allowed.

Most debtors will be sending in the basic monthly plan payment that their attorney has calculated. Some debtors, however, may not have filed a plan with the court yet. In this situation, debtors should send a money order for $150 to the trustee within the thirty day period; any adjustment will be made once the plan is filed with the court.

 

By Doug Beaton

Posted in Chapter 13 | Comments closed

Don’t think your bank is your friend when you file for bankruptcy

California bankruptcy guru Cathy Moran makes a good point: although many consumers have personal relationships with their banks, and sometimes some good feeling for the institution, your bank is not necessarily your friend when you are filing for bankruptcy.

The principal problem is that banks have a legal right of “setoff,” meaning that they can simply take money you have on deposit and apply it to loans that you have outstanding, bankruptcy or no bankruptcy. Think about it; how easy can bill collecting be? You don’t have to call and threaten any one, or pay lawyers and filing fees down at the courthouse. Just vacuum the funds out of one account in to another. And the bankruptcy code allows them to do this under the setoff doctrine.

The solution to the problem? A little bit of planning with your bankruptcy attorney before you rush to file. Move deposits into institutions where you don’t have loans outstanding, and you wikll have avoided a very unpleasant surprise after you file your BK case

 

By Doug Beaton

Posted in Practical tips, Secured loans | Comments closed

You can get a co-debtor stay through bankruptcy

A chapter 13 bankruptcy filing often contains several advantages over a conventional chapter 7 case, one of which can be the use of the “co-debtor stay” that chapter 13 allows.

First, a bit of legal jargon. Filing any bankruptcy case creates an “automatic stay” concerning collection efforts against the debtor. It is this provision that prevents creditors from calling, mailing, suing or otherwise harassing you while the bankruptcy case is in progress. I like to tell my clients that the term “stay” effectively means “freeze;” actions against them, including lawsuits and repossessions, are “frozen” and cannot continue without an explicit order from a bankruptcy judge. Obviously, for most folks, the existence of this automatic stay is one of the primary motivating factors for filing the case in the first place.

Chapter 13 takes this concept one step further and introduced the concept of a “co-debtor stay.” Take a married couple where only the husband has a debt problem; his wife’s credit rating is pretty much OK, except she shares two credit cards with him.

With the co-debtor stay, the husband can file alone, and take the bankruptcy hit to his credit rating, while his wife doesn’t have to file at all. Even though she is a co-debtor on two of hubby’s accounts, the co-debtor stay from her husband’s filing protects her as well, without the necessity of having both persons go through bankruptcy.
In certain situations (like this one) this can provide very powerful relief.

One limit to the co-debtor stay is that it applies only to consumer debts. So probably not to back taxes, child support payments and the like. With entrepreneurs, sticky problems sometimes arise in classifying debt as “business” or “consumer” but beyond those tricky issues, the co-debtor stay may be something to keep in mind if you are contemplating bankruptcy.

 

By Doug Beaton

Posted in Chapter 13 | Comments closed

Credit card companies at it again!

If you were wondering why not a lot of people feel sorry for credit card issuers, and their problems with individuals filing for bankruptcy on their accounts, look no further than the companies latest attempt to get around reform legislation.

A law that went into effect earlier this year requires credit card companies to credit certain payments to the balances with the highest rates first — a boon for consumers, since prior to the legislation, they universally did the exact opposite, and credited payments against “teaser” rates first.

However, the credit card companies have discovered a loophole in the new law — the term “above the minimum.” Syndicated columnist Candace Choi reports that the credit card companies are interpreting this to mean that minimum payments will only be applied to low interest rate balances.

Say you have a $10,000 balance on a credit card, half at an interest rat of 24%, and the other half at 12%, with a monthly minimum payment of $300. If you mail in a payment of $350, the card issuer may invoke the loophole and apply only $50 to the 24% balance and the remaining $300 to the 12% balance.

Although it’s legal, the practice undermines the spirit of the credit card reforms, notes Odysseas Papadimitriou, CEO of CardHub.com.

“Why should any part of a payment be applied in an unfair way, especially for people who can only afford to make the minimum payment?” said Papadimitriou.

If you are having priblems making the monthly minimum payments on your credit cards, a chapter 7 bankruptcy case may be an effective solution. You can start the process by giving me a call at (978) 975-2608.

 

By Doug Beaton

Posted in Credit cards | Leave a comment

In Massachusetts, foreclosures track bankruptcies and post large increase

Hard on the heels of the news that bankruptcy filings in Massachusetts soared in the period ending March 31, comes the kicker — foreclosure rates in the state swelled almost 80 percent in April.

This didn’t surprise housing advocates and professionals, who are seeing more homeowners struggling to pay mortgages because they have been out of work or have fallen victim to predatory lending practices.

To top off the problem, banks are unwilling to negotiate fair mortgage payments with homeowners in trouble. Bankruptcy — especially a filing under chapter 13 of the bankruptcy code, or the threat of a bankruptcy, can be a powerful negotiating tool for swinging the balance of power back to side of the consumer.

Experts say the foreclosure situation is just getting worse and worse in areas like the Merrimack Valley section of Massachusetts (Andover, Lawrence, Methuen, Haverhill included). Many Massachusetts homeowners are “underwater,” meaning they owe more than their properties are worth, according to Lisa Vinooker of the Merrimack Valley Project.

Just to make the situation worse, many lenders have terminated voluntary moratoriums on foreclosures that they had in place in 2009.

If you are having trouble staying in your home, you can call me at 978-975-2608 to see if a chapter 13 case would be appropriate in your circumstances.

 

By Doug Beaton

Posted in Bankruptcy News, Foreclosure | Comments closed
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