Archive for June, 2009

Thursday, June 18th, 2009

CBS Takes on Filing Bankruptcy Myths

CBS 2 in New York City recently took a look at bankruptcy, and addressed some of the myths surrounding filing bankruptcy.

With personal bankruptcy filings on the rise, it's a timely topic. But, it could be a life-changing report if you are struggling with debt, but have hesitations about filing.

Among the myths CBS 2 takes on:

  • Bankruptcy ruins your credit score
  • You should be dead broke before filing
  • You will lose your home

As CBS reports, filing bankruptcy may improve your credit score and help you keep your home before you hit bottom.

Get the full report on bankruptcy myths.

Share and Enjoy:
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Mixx
  • Google

The Washington Post reports today that Barbara Lynn, chair of the bankruptcy committee of the Judicial Conference of the United States, recommended to congress that more bankruptcy judges are needed to handle the growing number of bankruptcy cases.

Her testimony included some interesting facts about filing bankruptcy in the U.S. in 2009:

  • There are currently 324 bankruptcy judgeships
  • Going back 1 year from March 31 of this year, there were 1.2 million bankruptcy filings
  • That is almost double the number filed in 2006
  • Bankruptcy filings grew 31 percent compared to last year

This is another reminder that if you're considering filing bankruptcy, know that you're not alone.

Share and Enjoy:
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Mixx
  • Google

As too many Americans know, loans with monstrous interest rates can lead to what seems like endless rounds of debt and bills.

And, in some cases, excessive interest rates can push struggling consumers to filing bankruptcy.

The “Consumer Credit Fairness Act,” a bill now before the Senate Judiciary Committee, would give consumers a little help for dealing with such costly loans.

Proposed Terms of the Consumer Credit Fairness Act

As it now stands, the proposed legislation would do two major things for Americans:

  • Limit creditors’ collection rights in bankruptcy: Lenders whose loans came with excessive interest rates (defined by the bill as 15 percent higher than the current yield on a 30-year U.S. Treasury bond) would come last on the list of creditors to be repaid in bankruptcy court.
  • Improve consumers’ chances of bargaining for lower rates: Because of the above change, consumers would likely be able to negotiate lower interest rates with their creditors instead of filing for bankruptcy.

How the Consumer Credit Fairness Act Could Help You

Imagine this scenario: you’ve got one or more loans with interest rates that are through the roof (credit cards, car loan, payday loan, overdraft loan, etc.).

Unless you can get your creditors to lower their interest rates, there’s no way you’ll be able to continue making payments and you’ll have to file for bankruptcy. So you call up your creditor:

  • YOU: Hello, I’d like you to lower my interest rates.
  • CREDITOR: Why should I do that? That means I’d collect less moola from you, a struggling consumer.
  • YOU: Well, you see, if you don’t lower my rates, I’ll file bankruptcy. And, thanks to the Consumer Credit Fairness Act, your loans will be the last on my repayment list. So you might not get any money at all.
  • CREDITOR: Hm. That doesn’t sound too good.
  • YOU: Exactly.
  • CREDITOR: All right. How does [insert lower rate here] sound?
  • YOU: Excellent.

While the above dramatization may illustrate a slightly simpler procedure than you’ll actually go through should this bill pass into law, it does show the essentials of how the legislation may likely work.

Opponents Predict Tighter Credit

Some have criticized the bill as being too generous to consumers, suggesting that, should it become law, it would limit creditors’ overall ability to lend money.

But supporters contradict this claim, insisting that the bill would more likely push lenders to rely more universally on types of loans with more reasonable interest rates.

Share and Enjoy:
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Mixx
  • Google

Saturday, June 13th, 2009

So … Where’s Your Recovery Money?

Not long ago, you could hardly turn on a television, open a newspaper or log on to the Internet without getting an update on the much-debated, $700-plus billion economic stimulus package Congress eventually passed.

Today, many news programs have shifted their attention to other, more immediate news stories – and, realistically, the updated lighting fixtures in Anywhere, Ohio don’t make headlines quite like GM’s bankruptcy filing.

But, as a taxpayer, you’re probably a little curious about where all your hard-earned money is actually going.

Tracking Recovery Money Online

The Internet provides the perfect venue for keeping tabs on ongoing projects like the spending of the stimulus package:

  • Recovery.gov: This is the government-run recovery tracking Web site. It allows you to search spending by state, category and agency and offers a variety of color-coded charts and graphs about spending. This site also runs news items about stimulus projects and allows users to sign up for regular email updates.
  • Recovery.org: This site is run by a non-profit group not affiliated with the government. It, too, has color-coded graphics, but it’s organized into sections for businesses, government and taxpayers. And, according to this recent story from NPR, in some areas, the non-government site offers more details on certain projects than the government site.

Large-Scale Spend Tracking

In many ways, the ready availability of this type of spending information is exciting – as anyone who’s ever developed a budget on a personal level knows, the process of following every penny can be difficult.

These sites are great because they allow you to see critical information about government spending without doing the usual legwork.

In fact, these sites serve as a timely reminder that everyone can benefit from traditional filing bankruptcy and/or financial advice for developing a budget:

  • Find out where your money’s going: This is much easier for a single household than an entire nation: determine how and why you spend your money.
  • Create a budget and stick to it: Separate needs from wants and distribute your money accordingly.
  • Start saving money: Spend less than you make and save the rest – this will help you prepare for any unexpected financial crises.
  • Rebuild your credit: Build up a strong credit profile to support you for large investments.
Share and Enjoy:
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Mixx
  • Google

In another attempt to stimulate the flagging economy, both the Senate and the House are considering what are being called Cash for Clunkers bills – in other words, legislation that would give consumers cash rebates for trading in gas-guzzling vehicles for new, fuel-efficient models.

Both versions of the bill work on the principle that getting Americans to buy greener cars is good for both the environment and the auto industry – but the details vary somewhat in the two houses of Congress.

The House Version: Buy New

The House of Representatives has already passed its version of the bill, which includes the following provisions:

  • Drivers of larger vehicles (minivans, trucks and SUVs) could get a $3,500 voucher for trading in vehicles with 18 MPG or less for ones with at least two MPG more.
  • People driving passenger cars would receive a voucher for $3,500 when they traded in a car getting less than 18 miles per gallon (MPG) for one getting at least 22 MPG.
  • Drivers of larger vehicles (18 MPG or fewer) could get a $4,500 voucher for an increase of only five MPG.
  • Passenger car drivers could get the voucher for $4,500 for exchanging a car with 18 MPG or less for one with a minimum 10 MPG improvement.
  • A $3,500 voucher would be available for those who purchase large trucks (vans and pickups between 6,000 and 8,500 pounds) with an MPG of at least 15.

In order to qualify for the voucher, your car must be a 1984 model or newer, drivable and insured continuously to you for at least a year.

The vouchers would be available electronically through participating dealers when you bought or leased a new car.

The Senate Version: New or Used

The Senate’s version of the bill is slightly different and includes a provision for Americans who are interested in buying a used vehicle rather than a new one.

  • Old cars must get 17 MPG or less and new cars must get 24 MPG or more to qualify for a voucher.
  • The voucher amount is graded, based on the MPG increase: for passenger car drivers who increase the MPG by 7, a $2,500 voucher; an increase of 10 MPG would yield a $3,500 voucher; and an increase of 13+ would yield a $4,500 voucher.
  • A used car getting 24+ MPG or a used larger vehicle with 20+ MPG would qualify the buyer for a $1,000 voucher.
  • Larger vehicles with 17 MPG or less traded for those with 20+ MPG would qualify for a voucher. The grading system works here, too: for an increase of 3 MPG, a $2,500 voucher; for an increase of 6 MPG, a $3,500 voucher; for an increase of 9+ MPG, a $4,500 voucher.
  • Large trucks would also be eligible for the graded voucher amounts.

If you're looking to save money on a new car, this program could be great.

But, if you're struggling to make it month to month, it's probably not best to buy new right now.

If you are having difficulty making ends meet, consider the filing bankruptcy option.

Learn about cars in bankruptcy.

Share and Enjoy:
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Mixx
  • Google

Perhaps the most difficult aspect of trying to get control of your debt can be the stress and fear.

Many people - even people who come into debt through no fault of their own, through unexpected illness, injury, job loss or even tricky credit cards - feel shame at their debt.

They may try to hide their debt from friends and family, while at the same time trying to make a little income go a long way.

To anyone struggling with debt, know this: You are not alone.

Forbes has a report out that shows in the first three months of 2009 more than 330,000 people filed for bankruptcy. At this rate, more than 1 million people will file by the end of the year.

Filing Bankruptcy Becoming More Common

This doesn't count everyone facing economic hardship, but it does show that there are other people out there going through the same struggles and decisions as you are.

So know that filing bankruptcy doesn't make you a bad person. It doesn't mean you've failed. It only means that you, like so many others, are willing to take action against your debt.

Share and Enjoy:
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Mixx
  • Google

Monday, June 8th, 2009

Lucky to Have the Bankruptcy Option?

When times get tough, it’s easy to bemoan your difficult circumstances, but sometimes it’s more helpful to remember that things could be a lot worse.

I’m not being cynical here, I just think it’s worthwhile to consider how lucky we American debtors are to have the option of filing bankruptcy to eliminate our debts. Let me explain.

  • Indentured Servitude & Debt Labor: Once upon a time, incurring more debt than you could afford meant big trouble. In ancient Greece, for example, those who owed more money than they could repay were forced to work off their debts. In many cases, a debtor’s spouse, children and servants were also forced into “debt slavery” until their labor had cancelled out what they owed.
  • Debtors’ Prisons: In slightly more recent times - think mid-19th century Europe - those who couldn’t make good on their debts were often tossed into prisons. While they were incarcerated, their families were expected to repay their debts. The obvious flaw here is that it’s very difficult to make any money when you’re kept behind bars all day.
  • Debtors’ Colonies: In some cases, debtors were offered the option of debt labor and being sent to the “New World," aka the USA. The founders of the state of Georgia even envisioned that colony as a place to send debtors so they could work off their obligations.

Bankruptcy to Help American Businesses

When the United States was founded, its bankruptcy laws were among the first to be written.

We’ve been a land of entrepreneurs and innovators in part because of the freedom bankruptcy offers – it’s much less risky to start a new business when you know the government has your back financially.

And, while we may grumble about footing the bill when mega companies like GM file for bankruptcy, that’s arguably the price we pay for having a system that protects business owners and regular citizens alike.

Stay Close to Your Family & Friends When Filing Bankruptcy

Today, we may take for granted that, should we file for bankruptcy, we’ll have the support of our loved ones. Imagine having to relocate to a distant country where you knew no one or being thrown into jail because you couldn’t afford the balance on your credit cards.

Filing for bankruptcy may not be exactly “fun,” but it sure beats some debt-eliminating alternatives.

Share and Enjoy:
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Mixx
  • Google

Saturday, June 6th, 2009

Saving Money — Are You Doing it Right?

Whether you’re recovering from filing bankruptcy or just trying to save money like the rest of us, you’re probably familiar with basic budgeting techniques: know what you make, examine how you spend your money, spend less than you earn, etc.

But are you doing it right?

Examine these tested money-saving tips:

  • Know the sellers’ tricks. If you’ve ever experienced that rush of excitement when you see a really good sale price or thrilling new item you didn’t know about, you’ve made a retailer somewhere proud. We all love the feeling of “discovering” a good buy, but keep in mind that vendors want to sell to you. Tricks like rearranging merchandise often to create a sense of urgency and creating hype around a sale are classic. Don’t let the artificial thrill of limited-time offers trick you into making purchases you otherwise wouldn’t.
  • Save first, then spend. Studies have found that people tend to part with “found money” more quickly than hard-earned dollars. So next time you get a check from Gramps or find a ten in the pocket of last winter’s coat, put it in the bank for a while. It seems that after such money has spent time in a savings accounts, we tend to be less willing to part with it.
  • Don’t ignore the big picture. Hopefully, you’re diligent about comparing per-unit prices at the grocery store, buying generic when possible and taking advantage of sales on necessities to pinch pennies. But are you as careful with bigger-ticket items? Make sure you’re crunching the numbers each time you plan to make a major purchase like a new appliance, a family vacation or a car. And keep in mind that the up-front cost is only one aspect: consider likelihood of repairs, repair costs, maintenance/energy costs, etc.
  • Shop with cash. It’s not surprising to learn that people tend to spend more money when no cash leaves their wallets – in other words, we drop more money when we shop with plastic. So use cash to limit yourself: decide what your budget is for a shopping trip and leave your credit cards at home. Even minor impulse buys can add up over time.
  • Compare prices wisely. A study of consumer behavior found that when deciding between choices of varying prices, we tend to practice what’s called “extremeness aversion.” If you see a really high-priced item and a really low-priced item, you’ll tend to go with the one in the middle. Call it the Goldilocks Effect. You can avoid this by researching what you want to buy ahead of time, deciding on features and a price range that suits you and sticking with that when you shop.
Share and Enjoy:
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Mixx
  • Google

Friday, June 5th, 2009

Expensive Scams & How to Avoid Them

Day-to-day life demands enough of your hard-earned money: between bills, food costs, and unexpected expenses - sickness, injury, Grandma’s 80th blowout bash … - many people like they have a leak in their checking accounts already.

So scams and schemes that drain your funds without giving you anything in return should be avoided at all costs.

Your best bet for doing so? Educate yourself.

Fake Check Scams

A recent report on msnbc.com revealed that scams involving phony checks are on the rise.

Apparently, these scams involve three main elements: you receive a check in the mail, you’re instructed to cash the check and wire money to someone, and you end up losing a few thousand dollars.

Unfortunately, millions of Americans have already been taken in by these scams, which often seem legitimate. Common tricks scammers use include the following:

  • Fake buyer offers: Some checks arrive in response to an ad you’ve placed to sell an item, like a car or a piece of furniture. These may follow an email or letter explaining that the person will send a check for more than your asking amount (RED FLAG!), and ask you to wire the extra money to a third party.
  • Fake lottery wins: Other bad checks come as your “prize money” for a lottery game you never played. After depositing the money, you’ll be asked to pay some taxes and fees to collect. Legitimate organizations would never require you to do this.
  • Mystery shopper tasks: Yet another scheme involves identifying you as a “mystery shopper” who needs to deposit a check and wire most of it (you’ll keep some for your trouble) from a specific location – ostensibly to evaluate that location’s services.

THESE OFFERS ARE SCAMS

As a basic rule of thumb, never agree to wire money to or for someone you don’t know.

This is serious. In fact, one reason some people turn to filing bankruptcy is because they became victims of scammers. Don't be fooled.

And, while many of us consider ourselves fairly savvy about the scams out there, they can be treacherous because they’re often very clever. Sources indicate that:

  • 59 percent of respondents to a poll incorrectly thought that a bank will make sure a check is good before letting you withdraw the money
  • 40 percent thought they couldn’t be liable for transactions made after depositing a bad check

In reality, neither of these is true. In fact, even asking whether a check has “cleared” is not enough to make sure you’re safe: “clearing” only means that you have access to the money involved – it has nothing to do with whether or not a check is valid.

Be an active, informed consumer, and know your consumer rights.

People will continue to develop new scams to trick the unsuspecting. The best thing you can do to protect yourself and your hard-earned cash is to learn as much as you can about what’s out there and how to avoid it.

Share and Enjoy:
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Mixx
  • Google

Sporcle.com is a great site.

Each day they post fun and challenging quizzes on every topic imaginable: Video games, soccer players, historical city populations.

Bankruptcy had its day with this challenge:

Can you name the largest U.S. public company bankruptcy filings since 1980?

Take the quiz and see how you perform. And if you filed or are considering filing bankruptcy, know that you aren't alone.

Share and Enjoy:
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Mixx
  • Google