Archive for 2008

Friday, November 7th, 2008

Bankruptcy Lawyer Going to Prison

A bankruptcy lawyer from Jackson, MS is heading to prison after being convicted of defrauding his bankruptcy clients out of thousands of dollars.

John Allen was sentenced to serve 32 months in federal prison after he pleaded guilty to the fraud-related charges.

According to prosecutors, the 61-year-old bankruptcy attorney would get money from his clients and directly deposit it into his trust account.

He then would tell his clients that the money was used to “minimize their debts” and “satisfy creditors". Later he would transfer the funds from his trust account right into his personal account.

Allen practiced law in Mississippi since 1980 until he was disbarred in 2007. Many people seeking to file bankruptcy became unfortunate victims of his manipulations and fraud.

This shocking story of bankruptcy negligence and abuse shows just how important it is to have a bankruptcy lawyer on your side that you can trust.

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The Hope for Homeowners program (H4H) was the federal government’s attempt to quell the rising number of home foreclosures.

It was launched on Oct. 1 and, over the next three years, was expected to help as many as 400,000 homeowners.

The program is designed to allow homeowners who are late on their payments to refinance their mortgage into a more affordable structure.

The loans would be insured by the Federal Housing Administration (FHA).

The goal is to reduce the loan balance (and sometimes the interest rate) to lower the monthly bill by 30 percent and restore equity in the home.

When the home is sold, 50 percent of any increase in its value goes to the government.

But it appears that H4H is turning out to be just one more failed attempt to break the foreclosure crisis, as less than 100 people applied for the program last month. The FHA projects that only 13,300 struggling homeowners will actually use the program in the first year. (Learn more about H4H…)

There are a few reasons why this program isn’t as successful as expected:

1.     Lenders, who’s participation is purely voluntary, are hesitant to participate in H4H because they would lose big money on each home that is refinanced. Also, the FHA won’t back the refinanced mortgage if the borrower misses the first payment—a loophole that leaves banks nervous in agreeing to participate.

2.     Mortgage security investors, who now own most of the troubled loans, would also lose a big chuck of change. Most lenders and investors want to wait and see if new government programs will be created that may benefit them better.

3.     Homeowners don’t like the idea of sharing future appreciation in their home’s value with the government. They also have to pay an annual insurance premium of 1.5 percent of the loan balance, which is more than three times the typical FHA fee.

The H4H program may be able to help some people who are struggling to make their mortgage payments; however, because of lack of lender participation and undesirable fine print rules for homeowners, it looks like it may just be another big government “flop”.

For other ways to possibly save your home from foreclosure, check out this Total Bankruptcy resource:

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The National Association of Home Builders (NAHB), the home building industry’s trade association, spent $852,689 lobbying Congress in the third quarter.

Their goal was to support bills that would help homeowners in foreclosure and make it easier for potential homeowners to buy.

One of the bills included measures to expand affordable housing, reinstate seller-backed down payment aid, prevent foreclosures and stimulate the economy.

Falling home prices combined with tightened lending practices and less demand for homes have resulted in a bumpy ride for home builders.

In an effort to provoke homebuying and boost the economy, NAHB has been pressing lawmakers to create a U.S. economic stimulus package that would include incentives for people to buy homes.

They contend that previous efforts have failed and that it’s time for a new approach.

NAHB wants to reinstate programs that allow sellers to channel down-payment cash to money-strapped homebuyers through charities.

Congress had previously eliminated these programs because the homebuyers who took advantage of them wound up having high default rates.

In other efforts to boost the housing market, NAHB also spent money lobbying the departments of Commerce, Education, Energy, Transportation, Treasury, Agriculture and Justice and the Environmental Protection Agency (EPA) and Housing and Urban Development (HUD).

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American businesses and individuals filed 108,595 bankruptcies, which is up 13 percent from September according to a Bloomberg article.

October was the first month that more than 100,000 bankruptcies were filed since the bankruptcy law changed.

In 2005, right before the new bankruptcy law passed, a record 2.1 million people filed for bankruptcy protection.

The historic numbers were credited to people trying to clear their debts before the new law went into effect because it established stricter requirements for people seeking bankruptcy relief.

Since then, the numbers have steadily been rising each year. In 2006, there were 590,500 bankruptcy filings and, in 2007, there were 827,000 filings.

It is expected that there will be at least 1.1 million bankruptcy filings by the end of 2008. (For the first ten months of 2008, the daily rate of bankruptcy filings is at 4,284—with that number we’ll hit 1,080,000 filings for the 2008 calendar year.)

Is Filing Bankruptcy an Option For You?

Although the new bankruptcy law did establish new prerequisites and requirements to filing bankruptcy, most people still qualify to file bankruptcy.

If you’re considering filing bankruptcy and want to know if you are eligible, consider talking to a bankruptcy lawyer today.

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Five bodies and the cremated remains of 22 people were evicted last week from a funeral home in suburban Detroit.

The deceased remains were removed from the House of Burns Memorial Chapel in Pontiac and shipped to the county medical examiner’s office for storage.

The county will ship the bodies to another funeral home if a family makes the request. Some of the remains date back to the ‘90s.

Detroit TV news stations aired video of caskets being hauled out of the building.

It was later reported that there were no bodies in them.

---Are you alive and facing foreclosure? Chapter 13 bankruptcy may be able to help you.

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Thursday, October 30th, 2008

America’s Credit Card Defaults Increasing

The Washington Post reports that Americans are increasingly unable to pay off their credit card debt, which forces banks to not only lend to fewer people, but to also stockpile cash to guard against future losses.

Recent Federal Reserve data shows that the rate of credit cards defaulting increased 54 percent in the second quarter of 2008 from the same period a year ago.

Capital One recently announced that that their clients’ default and delinquency rates are climbing, especially in the credit card and auto loan departments.

It further reported that 6.34 of its credit card loans went into default in September, which was up from 5.96 percent of newly defaulted loans in August. It expects defaults will rise up to 7 percent of loans going bad each month.

JPMorgan Chase reported that the number of their credit cards in default status rose 45 percent in the third quarter compared to the same time last year. The company also predicts that default rates will continue to rise to total 7 percent of credit card loans going bad each month by 2009.

Are You In Credit Card Trouble?

Are you having trouble making ends meet, much less paying off your credit card debt? Did you know that Chapter 7 bankruptcy can eliminate unsecured debt like credit card debt?

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Be in-the-know and check out the latest in bankruptcy news:

Mass Layoffs Cause Unemployment Rate to Spike Economists predict that more mass layoffs could soon push the unemployment rate to 7 percent. How could this affect you?

2008 Presidential Election: A Look at the Foreclosure Crisis As election day nears, Total Bankruptcy breaks down the candidate’s stances on financial issues that matter to you.

Poor Economy Spawns Violence We’ve all heard about how the economy is tied to violence.

So, what’s going on in the country today? Read about how in many cities, mental health hotlines are flooded with calls, domestic shelters are overflowing and counseling services are in high demand.

Economic Tidal Wave: Cities React to Dropping Property Values The financial crisis is hitting a lot of us hard. Total Bankruptcy examines how cities are reacting to the U.S.’s financial quandaries.

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A RealtyTrac U.S. Foreclosure Market Report shows the third quarter foreclosure activity is up 3 percent from the second quarter and up an astounding 71 percent from the same time last year.

However, there is good news: September foreclosures decreased 12 percent from the previous month.

Most financial analysts attribute the decline to newly passed state legislation aimed at keeping homeowners in their home. Also, many homeowners are using the unique home protections offered by bankruptcy, which may save a home from foreclosure.

We all hope to continue to see more of a decline.

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After AIG was bailed out by taxpayers and subsequently had a $440,000 AIG spa retreat, Americans were mad.

I’m sure many of us could have used a shoulder rub and spa treatments too after our taxpayer dollars were ripped out from under us.

As we’re recovering from that wave of outrage—we get a bit more outrageous news that we’re supposed to swallow: Countrywide Home Loans Inc. is refusing to follow an Illinois state ruling.

Last week Illinois bank regulators tried to stop Countrywide (which is now owned by Bank of America) from creating new home loans in the state, according to a Chicago Tribune article.

The regulators said they would only allow the company to restructure loans of its existing clients.

Countrywide blatantly said it will continue to be “open for business” and does not intend to follow the state’s ruling.

Haven’t we been hearing that much of the financial crisis is due to unregulated companies acting in their own self-interest?

---Do you need a bailout? Check out this filing bankruptcy information to see if bankruptcy could help you get out of debt.

Will these corporations ever learn that their rebellious actions not only hurt the people of this nation but they also ultimately come around and bite them in the derriere?

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Circuit City Filing Bankruptcy?

Richmond-based Circuit City is considering shutting down 150 stores and cutting thousands of jobs in an effort to avoid filing bankruptcy.

The 59-year-old consumer electronic retailer has already turned to bankruptcy lawyers. If it decides to file bankruptcy, it will be following in the footsteps of Linens ‘N Things and Sharper Image and would be the largest retailer bankruptcy filing in several years.

As of August 31, 2008, Circuit City employed 45,000 people and had 714 stores in the United States, with 772 stores and dealer outlets in Canada.

The Wall Street Journal said the main contributor to Circuit City’s financial mess appears to be the declining credit market, which has kept the company from securing debtor-in-possession financing and helps companies in bankruptcy pay for their daily operations.

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