The tragedy of subprime mortgages

Most foreclosure victims aren’t folks who have flipped a thousand homes or made and lost millions in the real estate boom-turned-bust. Most homeowners who are now victims of foreclosure, depended on the goodwill of the mortgage industry to provide safe mortgages that would allow them to fulfill their dreams of homeownership. But instead of long-term homeownership many homeowners got subprime mortgages designed to explode in cost within a few years or toxic mortgages that were never affordable to begin with. “You can refinance next year, in two years, in five years…” the homeowners were told, only to be faced with a credit crunch that won’t budge and a mortgage payment that is now delinquent because they simply can’t afford to pay.

It is the responsibility of us all to make sure that these homeowners avoid foreclosure when possible and create situation where this foreclosure crisis can never happen again.

In the meantime, bankruptcy may be the most effective tool in helping homeowners facing foreclosure. Many consumer, civil rights, housing and labor organizations agree that mortgage modification in Chapter 13 bankruptcy is the most effective strategy for reducing the number of foreclosures. Even Credit Suisse agrees that allowing mortgage modifications in Chapter 13 bankruptcy would immediately slash foreclosures by 20 percent. But not just that, the fact that homeowners facing foreclosure might have the option of modifying their mortgage in Chapter 13 bankruptcy would offer an real incentive for mortgage companies to offer reasonable and affordable modifications.

Posted in Chapter 13, Foreclosure | Comments closed

Some reasons why a consumer might want to switch from Chapter 13 to Chapter 7 bankruptcy

When a debtor switches his or her case between different chapters of the bankruptcy code, we lawyers say they are “converting” the case from one chapter to another. This is usually done by having the debtor’s bankruptcy attorney file a simple motion with the judge.

Why would a debtor who had gone to the trouble of filing a chapter 13 case want to suddenly switch over to chapter 7? While there are many theoretical reasons, here are three that are fairly common in actual practice:

1. The debtor’s financial situation has changed considerably. Losing a job or even a cutback in hours may make it impossible to pay the trustee a monthly fee as proposed in your plan. Converting to a chapter 7 case may be a simple and logical decision here.

2. Illness or injury has given you a medical debt you can’t pay. Unless you have very good insurance, you can easily by swamped by medicals bills that were not anticipated when you filed the original chapter 13 case.

3. You household size has changed. If it has grown, you may have additional expenses that make Chapter 13 payments a struggle. You also may now qualify under the chapter 7 means test, because you income is no longer above the state average when the extra family member(s) are taken in to account.

Your lawyer is still your lawyer even though the case has been filed. Get on the phone and call him, and you may be able to put your heads together and improve the relief you get from the case with a chapter switch.

Posted in Chapter 13, Chapter 7 | Comments closed

Utility shut-offs and the bankruptcy law

If you are behind on your utility bills, a bankruptcy case may be a solution to your problem.

Past due utility bills are dischargable in Chapter 7 bankruptcy cases.

If you have been threatened with an impending shut off of electric, gas, propane service, etc., bankruptcy will delay it and may prevent it altogether.

As soon as a bankruptcy case is filed, utilities are absolutely prevented from terminating your service the next twenty days. During that period they can negotiate with you (or your attorney, if you wish) for a deposit that ensures they will get paid for the future service. They are not required to impose a deposit on you, however, and some companies simply don’t bother to collect one. One way or the other, you will get continued service after the bankruptcy case is filed.

What you don’t want to do, however, is to start falling behind on utility bills again after you file. These bills can’t be discharged, and if you filed under Chapter 7, you can’t do another bankruptcy case for eight years. So, while you can eliminate your “past due” problem, you must be careful to budget for utility bills going forward.

Posted in Chapter 7 | Comments closed

This bankruptcy could be a Blockbuster!

Remember when video rental stores were the hottest thing?

Soon they may go the way of telephone booths and manual typewriters.

The Wall Street Journal reports that Blockbuster, Inc. is threatening for the second time in a year to file for bankruptcy under Chapter 11.

“It may not be possible to turn Blockbuster’s business around,” said Gimme Credit analyst Kimberly Noland in a note to clients. “While its high yield issuance last fall appeared to buy it some time, its recent negative revision in guidance and the inroads into its business by competitors bode very ill for its long term health.”

That’s business-speak for “the wolves are at the door, and howling pretty loud.” If Blockbuster files, we’ll follow here on this blog, as the case may be educational for the average consumer.

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How to conquer a monster debt problem

If you are in over your head with consumer debt, take a step back, a deep breath and try to formulate a way out. It’s not easy, so let me map it out for you in five sequential steps.

First, get a grip on the size of the problem. People are often shocked to find out what they really owe. Sit down and try to figure it out — stack everything up and add it all up. If this step is too difficult emotionally for you (and for many folks it is), just do the first part — pile the bills up, unopened if necessary, and prepare to bring them to an attorney.

Second, create a budget. Now I know this is no fun, but budgeting is really the way out of the jungle. If you are looking to go the bankruptcy route, you will be budgeting all the time anyway, since the bankruptcy forms require one (Schedule J), and both the pre-filing counseling required to file and the post-filing debtor education class involve budgeting. If your budget, which at this point should include installment payments like credit card minimums, indicates that there is no way out, you are a good candidate for bankruptcy relief.

Third, whatever your plans are, don’t delay. The problem will only get worse, and your creditors will have additional time to do nasty things to you, like drag you into court, or try to attach your wages. There are some situations that call for delaying a bankruptcy filing, but in the vast majority of cases, sooner is better.

Fourth, see someone. No one person can master the complexities of modern life in their entirety. If debt is the problem, see a bankruptcy attorney. I will give you an impartial opinion as to whether bankruptcy is the right thing for you to do. Contrary to some folks mistaken fears, we are not trying to “sell” you on the benefits of something if it is not right for you. On the other hand, if it is the right move, I look forward to your business.

Fifth, avoid scams. At the best, the are time wasters, which will dissipate your energy. At worst, they will clean you out of your remaining financial reserves. Getting out of isn’t easy, even if a hundred infomercials tell you it is. But bankruptcy can legally discharge your debts and give you a fresh financial start.

Posted in Practical tips | Comments closed

My advice: Don’t load up on debt before a bankruptcy

It might seem more than obvious, but debtors shouldn’t load up their credit cards or take on massive new debts right before they file a bankruptcy case. Doing so risks losing their chance for a discharge, allegations of fraud, and worse.

But an interesting side issue made it to the Supreme Court last week: Can a lawyer advise his client about taking on debts before bankruptcy?

Think about it: While no good bankruptcy lawyer would advise his client to engage in fraud, there might be some situations calling for “new debt” before a case is filed. A loan might be refinanced, for example, to get a debtor a lower mortgage payment. This is technically a new debt.

The Bankruptcy Reform Act in 2005 tried to outlaw lawyers from discussing any new debts with their bankruptcy clients. Many attorneys thought this could be an infringement on their free speech rights.

But the Supreme Court ruled that it is not a violation of the law to discuss with clients the merits of loans that could help them, like an advantageous refinancing. The reform act only tells attorneys that they must not advise clients on taking on new debts that they are actually going to try to discharge.

The name of the case they decided is Milavitz v. United States.

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Another view of credit card reform

If you’re contemplating bankruptcy, a must-read is Detroit Free Press cartoonist Mike Thompson’s take on credit card reform. Click here and check it out!

Posted in Credit cards, Just for fun | Comments closed

Will bankruptcy stop wage garnishments?

In almost all cases, filing a bankruptcy case will stop wage attachments and garnishments. Creditors have to respect the “automatic stay” on collections activity that goes into place once you file. An important exception is child-support deductions from your pay. These can’t be eliminated or reduced through bankruptcy, although you may be able to use a Chapter 13 bankruptcy case to pay off a past-due child-support arrearage over time.

Wage attachments aren’t as common in Massachusetts and New Hampshire as they are in some other parts of the country, but they do occur. Some of the most aggressive pursuers of wage attachments are the Internal Revenue Service and the Massachusetts Department of Revenue. If you get an attachment from them, its time to call an attorney right away!

Posted in Chapter 13, Practical tips | Comments closed

A tip on re-establishing credit after filing for bankruptcy

After going through a bankruptcy, most people are a little apprehensive, if not downright terrified, of building their credit rating back up. On the one hand no one wants to sleep in the motels that only take cash, so a little credit would be good, but on the other hand, you don’t want to get sucked right back in to the addictive credit cycle and end up back where you started.

What you need to do is start improving your credit rating with baby steps. Your first goal is so prosaic it may not need mention, but start paying installment bills on time. Car, student loans, and mortgage payments, on time, each month. This is the first step to inching that rating north a little bit, a month at a time.

The second step is less intuitive. You need to start saving. How much? I will tell you: your first goal is to save $1000. Pay yourself first out of each check, and it will soon become a (good) habit. Even if you are collecting unemployment, pay yourself a token amount from each check.

Third, when you have hit the thousand dollar mark for savings, you are clear to start adding a little extra payment to the installment loans each month. It doesn’t have to be a lot, but this will decrease the principal owed, which improves your credit ratios and hence your score.

Be patient, give it a year from the filing date of your case and you WILL see progress. Good Luck!

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Massive increase in bankruptcy filings

Auld Lang Syne has been sung, the noisemakers put away, but its still time for the bankruptcy court administrators to take a look back at 2009. The verdict? A massive 31.9% increase in bankruptcy filings.

Thinking of filing under Chapter 7? If you had done it last year, you would have had more than a million (1,050,832) fellow souls in the same boat as you.

More than 406,000 individuals opted for Chapter 13.

All told, there were more than 1.4 million non-corporate individual filings in 2009.

Posted in Bankruptcy News | Comments closed
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