Archive for July, 2009

The Knoxville News Sentinel has a story that starts off in all-too-familiar territory these days.

Things were going swimmingly for the Herrons until wife Patricia lost her job earlier this year.

With that income gone, the Herrons began falling behind on payments. Their cars were repossessed, and husband, Thomas, was forced to walk several miles to get to his job.

Now, the couple is facing foreclosure, and they've turned to their pet boa constrictor to help raise money.

While holding a garage sale to raise cash, they set up an impromptu photo studio with their snake. For $5, visitors could take a picture with the pet and leave with a printed copy.

This couple is certainly sharp and creative, but the story is also sad.

You shouldn't have to sell all of your possessions just to protect your home. Had the Herrons considered filing bankruptcy, they might have been able to keep their cars, home, belongings and snake.

Bankruptcy is designed to help just like the Herrons.

A good couple that, due to circumstances out of their control, fell on hard times. With the unemployment rate in Tennessee above 10 percent, many more couples may soon find themselves in financial dire straits.

Just remember: You have options. You don't have to lose it all.

Filing bankruptcy may help you control your debt, and stay in your home.

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Los Angeles may be home to movie stars, but it's also one of the areas hit hardest by the economic downturn.

With home foreclosures in Los Angeles still on the rise this year, the Los Angeles Times provides five first-hand accounts from people facing foreclosure.

It's a simple, captivating and heartbreaking read. Each of the five people profiled offers a distinctively different tale, but they've all faced the same stress: How do we stay in our home?

In reading their stories, I think there are several lessons that we can take away, particularly if you're facing foreclosure or other financial struggles.

  1. You can't take action soon enough. Many of the people in the article waited until it was too late to take action. Time is not on your side if you are facing foreclosure. Don't wait until you receive an eviction notice. If you are getting behind on your payments, then take steps today to improve your situation. The sooner you start, the more options you may have. If you lose your job and notify your bank right away, they may be more willing to work with you. Then again ...
  2. The banks are not on your side. Several of the people in the story mentioned how unwilling their banks were to work with them. Often the banks wouldn't even respond to requests for help. One bank wouldn't lower a man's $500,000 mortgage, but sold his house for a fraction of that! Also, several couples went to the bank seeking help only to have more loans pushed on them with higher interest rates and higher monthly payments.
  3. Know your rights. Some of the people turned to bankruptcy for help, only to report having banks turn up on their doorsteps with foreclosure notices. If you file bankruptcy, all foreclosure efforts must stop until your case is resolved. If you file, and a bank shows up on your doorstep, report this to your lawyer immediately. The bank is in violation of the law in these cases.
  4. Even the prepared can struggle. The people profiled had money in savings and retirement accounts. They owned their business and were often responsible. But still, they faced hardship. Even the best prepared can struggle. Don't let your pride keep you from seeking assistance.
  5. You need long-term help. When hard times hit - like a job loss or injury - it's difficult to say how long the trouble will last. Will you find work soon? Will things recover quickly? You never know. But many people get in trouble by trying short-term fixes that only complicate their problems. If you find yourself slipping into serious debt, you should look into real, lasting solutions right away.
  6. Help is available. Most of all, don't give up hope. You have options. The people in this story turned to free legal aid organizations for help. For many people, filing bankruptcy allows them to stay in their home. Other people need short-term assistance to help with food and child care. The support is there, if you take advantage of it.
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We've written many times about Illinois Senator Dick Durbin's efforts to keep more people in their homes with his bankruptcy reform legislation.

The "Helping Families Save Their Homes in Bankruptcy Act of 2009" would allow bankruptcy judges to restructure home mortgages to stop foreclosure and keep more people in their homes.

When it came up for a vote this summer, the bill was defeated after some heavy lobbying efforts by banks and lenders. But the reform may not be completely dead.

This week, the Senate Committee on the Judiciary will hold a hearing called "Worsening Foreclosure Crisis: Is It Time to Reconsider Bankruptcy Reform?"

This hearing could rekindle talks of giving bankruptcy judges more power to adjust mortgages to make them affordable.

We'll follow the hearing closely and keep you posted on any developments.

--Check out more information about filing bankruptcy

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The high unemployment rate and therefore high volume of online job seekers has led to scams tailored to the conditions of the current recession.

Scammers are apparently preying on struggling and out-of-work Americans in two major ways:

  • Identity theft scams: Some scammers pose as employers and post fake job opportunities on employment websites or hack into legitimate companies to get job seekers’ sensitive information.
  • Get-rich-quick scams: Others are posting lucrative-seeming job offers, knowing that many people are desperate to recover their lost finances. After a victim makes his or her initial “investment,” the scammer keeps the money.

“Operation Short Change” to Aid Consumers

At the beginning of the month, the FTC announced that it has initiated eight new lawsuits and settled or resolved seven others against companies responsible for conning consumers out of money.

The announcement is particularly poignant because many of the scams in question involved consumers already struggling to pay bills, thanks to rough economic conditions.

As part of its consumer protection efforts, the FTC has posted this video for consumers to view.

It includes confessions from a scammer who eventually went to jail for his misdeeds and personal accounts from Americans who were victimized by costly scams.

Protecting Yourself from Scams

BusinessWeek reported that scammers have used stolen information in a variety of ways.

Some fraudsters sell stolen information to illegal immigrants who need Social Security Numbers for employment; others opt for more traditional identity theft crimes.

In one troubling case, online jobseekers’ sensitive information was apparently compromised in a data breach at a company called Aetna.

So what can you do to minimize your potential for getting scammed or becoming the victim of identity theft?

  • Guard your personal data. Treat any identifying numbers (credit card, SSN, bank account, etc.) like gold. Legitimate companies generally don’t need your identification digits unless you’ve been offered a job (which means you’ve spoken to a person!) or need high-security clearance.
  • Be skeptical of too-promising offers. If a business or investment opportunity sounds too good to be true, it’s likely a scam. The video above has some tips on how to identify and avoid costly and dangerous “opportunities.”
  • Get thee to a job fair. If you’re looking for jobs, a job fair can be a great place to make contact with actual humans. Afterwards, you’ll have a better sense of who’s receiving your application (as opposed to risking sending it to a malicious scammer).

The good news is that the FTC has taken action to protect your consumer rights.

Remember, though, that you play the biggest role in actively protecting yourself.

--If you've become a victim of identity theft and your finances have been trashed by a crook, it may be time to learn about the filing bankruptcy option.

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Saturday, July 18th, 2009

The Face of Foreclosure

In Florida, the state Association of Realtors hopes to bring about change in public policy regarding foreclosures by giving a human face to the concept, highlighting the individuals who have lost the homes that are now back on the market at depressed prices.

The agency has started a Web site: Faces of Foreclosure.

The site strives to collect information from those individuals caught up in the personal crisis that is home loss.

Hopes for Advocacy

The group hopes that the information collected on their Web site will “provide the building blocks for strong advocacy and ultimately, good public policy as it relates to the housing market in all its facets,” according to a statement from the agency as reported by the Bradenton Herald.

The site asks foreclosure victims questions that include what type of home they owned, the  size, their experience working with their lenders and what factors contributed to the eventual loss of their homes.

It's the Right Time to Focus on Foreclosure

Foreclosures in the area around Bradenton, Florida are comfortably on their way to smashing the record, set last year, so there are plenty of stories to chronicle.

Mary Aston, a local realtor, believes the idea may help prevent another crisis like the one the area is currently experiencing.

“We still have foreclosures coming in, and I really do think if the data will help fix the system, then it’s never too late,” Aston says.

“Maybe it will prevent similar mistakes from being made in the future or maybe it will help people now who are trying to avoid foreclosure.

Long Overdue

Other Realtors feel the data collection is overdue.

“I feel like we’re way behind,” says Kathy Marlowe. “We should have been collecting data two years ago.”

Marlowe doubts the project will help as much as its planners intend. “How can you help people avoid foreclosure when they owe $300,000 on a mortgage on a home that’s worth only $175,000? Why would they even want to stay in that house?”

A spokeswoman for the Florida Association of Realtors, Marla Martin, says the study will provide more information than standard foreclosure and bankruptcy numbers services provide.

“They don’t tell you a lot about who’s going through it,” she told the paper.

“It seems like it’s better to have all the information you can gather out of the problem itself if you want to find a workable solution or at least some answers.”

Increased Foreclosure Awareness

The project has received a $97,000 grant from the National Association of Realtors to assist with foreclosure prevention and promote foreclosure prevention awareness.

The organization has furthered the initiative by purchasing statewide radio spots to inform the public of their project.

Another area realtor, Greg Owens, feels that the project will have a positive impact if the information obtained is used to lobby legislators.

“I feel that to give this a human face may change public policy in the future in order to avoid this situation again. I believe we could have avoided these massive failures and kept a lot of these people in their homes.

And frankly, that is going to take a lot of changes to avoid this happening in the future.”

Source: Bradenton Herald

Did you know: That Chapter 13 bankruptcy was designed to stop foreclosure? Find out if filing bankruptcy could help you.

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In a strange twist to an already surprising case, a recent change to bankruptcy law could shelter Jammie Thomas-Rasset from the $1.92 million in damages she has been ordered to pay the Recording Industry Association of America, according to a CNET article.

Thomas-Rasset was recently found liable for willful copyright infringement and ordered to pay damages of $80,000 for each of 24 songs she was accused of sharing illegally over the Internet.

This is the second time that a jury has ruled against her.

In 2007, a jury ordered her to pay $222,000, but that decision was thrown out after the presiding judge acknowledged he had made a mistake while giving the jury their deliberating instructions.

Filing Bankruptcy Means She Might Not Have to Pay

In both instances, Thomas-Rasset has told reporters that she does not have the means to pay the RIAA and would not do so even if she were able. In fact, filing bankruptcy might help her.

According to Ira Rothken, an attorney who has represented Web sites that offer mechanisms for free file-sharing, the bankruptcy court may allow Thomas-Rasset to avoid paying the damages.

Historically, the bankruptcy law prevented a defendant from discharging the debt of someone found liable of willful copyright infringement.

However, Rothken believes that in 2008, the Ninth Circuit Court of Appeals found in the case of Barboza vs. New Form that “willful” meant one thing in a civil trial and something else during bankruptcy proceedings.

In copyright cases, “willful” simply means the defendant understood what they were doing.

According to the Ninth Circuit, bankruptcy laws mandate that for debt to be non-dischargeable, the plaintiff (the RIAA in this case) must prove that the defendant (Thomas-Rasset) was “willful and malicious” in her actions, and intended to cause the RIAA harm.

Kathryn Bartow, an attorney whose firm often represents major film studios, wrote in February that “(Barboza vs. New Form) serves as a warning to trademark and copyright owners as well as the counsel who represent them in willful infringement cases.”

Copyright Infringement and Bankruptcy

If the jury in her recent case had found Thomas-Rasset guilty of copyright infringement as opposed to the “willful infringement” she was eventually declared guilty of, her debt would have been even easier to discharge.

“If she had one on that point,” Rothken says, “[the debt] would be absolutely dischargeable without even having to have another hearing in bankruptcy court.

Now her conversation [with the RIAA] must be, ‘Hey, if we can’t settle, I’m going to go forward and file for bankruptcy,’ and they’ll say “Well, you’ll have to have another trial.”

Fred von Lohmann, an attorney for the Electronic Frontier Foundation, which advocates for Internet-users, believes that proving Thomas-Rasset’s malice might be very difficult for the RIAA.

“No. 1, I’m not at all sure they’d be interested in trying this case again,” von Lohmann says. “And No. 2, I’m not sure they’d win.”

The RIAA may not wish to push the matter to the point where Thomas-Rasset opts to seek shelter in bankruptcy. It has said that it wishes to settle the matter out of court, particularly since they have already achieved a coup by proving their case sufficiently to twenty-four average Minnesotans with no ties to the recording industry.

Pushing the matter further, many industry insiders agree, expends their public relations point and causes the group to be seen as bullies.

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Thursday, July 16th, 2009

High Fashion Filing Bankruptcy?

With bankruptcy filings on the rise across the country, you might say that filing bankruptcy is in fashion. But fashion in bankruptcy? Well, that's happening, too.

Over at the Washington Post's Bankruptcy Beat, Jacqueline Palank looks at the bankruptcy troubles of high-end designers around the world. The list includes:

Money's tight for everyone these days, whether you're wearing Chuck Taylors or Manolo Blahniks.

Here's to hoping you look good, whatever the economic climate.

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Bet you'd be surprised at some of the famous folks who sought bankruptcy protection--check it out:

  1. Abe Lincoln, the 16th President of the United States sought asset protection in bankruptcy when he declared in 1833. It took him 17 years to pay off friends who had given him money to start his business.
  2. Recently deceased TV legend Ed McMahon filed for bankruptcy upon learning that he was late $644,000 on a $4.8 million loan for a home in Beverly Hills, California. His lender had filed a notice of default.
  3. Oscar-winning film producer, and animation and theme park pioneer Walt Disney filed for bankruptcy in 1923 after backers for the corporation he started two years earlier pulled out. In 1921, he started the Laugh-O-Gram Corporation in Kansas City, Missouri, with only $15,000 from investors. It proved to be too problematic for New York distributors of his animated fairy tales.
  4. Trailblazer automobile manufacturer Henry Ford went broke almost three times before he sold his first car, and filed for bankruptcy.
  5. Marvin Gaye filed for bankruptcy in 1976 after an expensive divorce, tax problems, and drug addictions. To deal, he moved to Hawaii and lived in a bread van.
  6. M.C. Hammer decided on filing bankruptcy in 1996 after telling the U.S. Bankruptcy Court Central District of California that he was $13.7 million in debt and had only $9.6 million in personal assets.
  7. Talk-show host and best selling American author Larry King filed bankruptcy in 1978 at which point he was $352,000 in debt, accused of stealing $5,000 from a business partner, and charged with grand larceny.
  8. In 1979, Tom Petty filed for Chapter 11 bankruptcy with debts of $500,000. He was in the middle of negotiating a ploy against MCA Records which had recently bought Petty’s indie label Shelter Records. Not wanting to go to a new label without consent, Petty viewed bankruptcy as a way for him to negotiate a fresh deal with his new label home.
  9. Anna Nicole Smith, 1993’s Playboy Magazine “Playmate of the Year,” filed for bankruptcy in California in 1996 as a result of an $850,000 judgment against her in a sexual harassment lawsuit.
  10. Donald Trump’s Trump Entertainment Resorts Inc. filed for Chapter 11 bankruptcy protection on February 17, 2009. His casino group, Trump Entertainment Resorts Inc. had assets of about $2.1 billion and total debts of about $1.74 billion as of December 31, 2008.
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Former New York Mets and Philadelphia Phillies slugger Lenny Dykstra has filed for Chapter 11 bankruptcy protection in federal court, according to Jim Salisbury of the Philadelphia Inquirer.

When filing bankruptcy in California, Dykstra, who is 46, claimed less than $50,000 in assets and between $10 million and $50 million in debts.

In an e-mail to the Inquirer, Dykstra, currently a resident of Lake Sherwood, California, said that “sometimes the difficult decisions in life are the most necessary.”

His bankruptcy attorney, Walter Hackett, issued a statement indicating that the filing would:

“shield (Dykstra’s] from a host of meritless claims. This action will provide Mr. Dykstra time to reorganize his estate and successfully challenge the multitude of meritless claims that have been made against him.”

Not the 'Player' He Wanted to Be

One troublesome asset-turned-debt appears to be The Players Club, a glossy magazine that Dykstra launched in 2008.

The publication targeted professional athletes and advertised many of the creature comforts reserved for the ultra-rich, including private jet services.

Dykstra has been accused of not paying for services rendered to the magazine, with at least one staff member, Kevin Coughlin, a former photo editor, filing a lawsuit to recover unpaid wages.

Coughlin wrote an article detailing his experience working for The Players Club for GQ magazine, titled, “You Think Your Job Sucks? Try Working for Lenny Dykstra.”

The $60 Million Dollar Lie?

When contacted by the Philadelphia Inquirer regarding the claims that he was in dire financial shape, Dykstra told a reporter that he was taking the call while driving his Rolls Royce, implying that he was doing well financially.

Dykstra’s bankruptcy filing reports that the former slugger earned $36.5 million during his twelve year MLB career, which ended with his retirement in 1996. Eight of those years were spent in Philadelphia.

Dykstra has also reported having made millions of dollars via Wall Street investment opportunities.

He has also invested in numerous entrepreneurial opportunities, according to the LA Times, including the above mentioned magazine, a chain of car washes and even a column for investment site TheStreet.com.

As recently as April, Dykstra told ESPN that he was worth $60 million. The same article reported that Dykstra has been the subject of two dozen legal actions in the past two years, with litigation pending or in progress from coast-to-coast.

Dykstra In Foreclosure?

His filing lists credit-card companies, banks, attorneys, printers and auction houses among his creditors.

He owes JPMorgan Chase & Co. $12.9 million and $229,000 to his literary agent.

The three-time all-star owns a mansion in California worth $18 million, but this property is reported to be in foreclosure.

Even family members are piling on—Dykstra’s brother, Kevin, is also suing the former player and claiming that he was not paid his stake when Dykstra sold a chain of car washes the two co-owned for $50 million.

The fate of his Rolls Royce remains unclear.

Sources: The Philadelphia Inquirer, The Los Angeles Times

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A tally of financial gurus and bloggers were given a chance to pronounce their opinions of where the country stands in this economic strife.

The group includes:

  • a popular blogger dedicated to giving readers the deals not otherwise known by the general public
  • a Washington D.C. based corporate mogul who runs a billion dollar HP company and is seen as a visionary in the world of finance and economic reform
  • a Chicago-based real estate expert who aids his consumers daily in the plight of real estate purchasing, financing and recovery
  • a Wall Street broker and top blogger
  • a San Francisco-based financial guru with a leading blog
  • leading hedge fund managers

The prevailing thoughts were that of tension, apprehension and uncertainty by all who were a part of this informal questioning.

Along the same lines, the impressions of where the country stands were similar, with a new moniker being placed on our economic status: “The Great Depression 2”.

Whether this characterization is true still remains to be seen and might only come to fruition in hindsight.

However, one thing is clear: Relief is long from being in sight and life as the general consumer knows he or she will not see full recovery for as much as 10 years.

Experts State Their Views On Current Economy

The first of the five questions asked of our financial experts was that of a more simplistic one.

With little frill or extravagance those being questioned were given the short task of offering their opinions on the current economic status of the country. Simply stated,

How would you describe the current status of the economic climate within our country?

While the responses by all the respondents were of similar nature, with similar tone and rhetoric, there were certain responses that defined a tenure in our society, thus producing a billboard effect for the voice of our country’s consumer.

David Hochberg, President of Townstone Financial a Chicago-based Mortgage company, is seen throughout the home loan industry as an expert in loan services as well as a viable source of accurate information as it pertains to the common consumer of home loans, was plain in his response to the question.

We’re in a “State of Peril”

Hochberg states that Illinois, in particular, is in a state of peril not seen for decades.

With the home loan industry under heavy constraints and more and more debtors facing the bankruptcy cycle, Hochberg feels it will be many years before the lending institution recovers.

Even then, Hochberg continues, “the composition of the typical home loan applicant will be much different as will their needs.”

Taking on more of a bird’s eye view of the nation’s economic status while simultaneously drilling deep into the overall perception of where our economy sits is David Morris who is the Director of Mergers & Acquisitions for EDS Corporation (a Hewlett-Packard company).

Mr. Morris is a Georgetown alumnus who sits high a perch one of the country’s largest companies, and is relied upon to help orchestrate the company’s economic prowess amongst its competitors.

Injections of Liquidity Are Not Enough

This in turn serves to provide a certain benchmark for the typical consumer to work from.

David had this to say about where the US economy sits:

“No bubble of any kind in our history has been solved on the first try or in an abridged manner. Pick up any piece of historical analysis by Robert Shiller for a glimpse of what to expect.

Injecting liquidity into the system only holds the doors open long enough for those in charge to execute their contingency exit strategies. A washout of failed participants is the only proven way to eradicate prior excess and cleanse the system.

We are simply in a synthetic environment that buys our government time to deal with the real problems at hand. Any upside in the stock markets between now and the end of the year should be looked at as a gift to exit long positions and reposition for the markets heading south into 2010."

In a similar breath of displeasure and lack of short-term promise is the reply from John Thomas, a senior blogger for the site Seeking Alpha, which is widely considered to be the premier financial blog site—even earning top honors from Time Magazine.

Great Depression Number Two

Thomas who works under the title Mad Hedge Trader (Thomas also works as a Hedge Fund Manager in his ‘day job’) was very clear in his opinion:

“We are now full faced in the great depression number two. With that, there is sure to be a 5-10 year gap for recovery with real estate finding itself more towards the 10 year mark.”

Finding conjoining thoughts with both Morris and Thomas is famed economic blogger Mike ‘Mish’ Shedlock.

Shedlock who has a vast knowledge of the trends and incubus of the nation’s economy offered a profound opinion on the US economy and bankruptcy.

Shedlock offers that we, as a nation, are now amidst a ‘secular attitude change” which is from a dismal “credit event similar to the great depression.”

Considering the overwhelming popularity of Mish’s blog, the nation seems to be taking notice of his perceptions, consequently Shedlock’s response to the question of where our economy stands in worth heavy consideration. As does those of the rest of the respondents.

Cliché No More: Economy is Truly Affecting Us All

Overall, anyone who resides within the US has felt the strains of economic uncertainty, financial unfamiliarity and personal debt shock.

For what comes next in this evolution remains to be seen.

No amount of forecasting, prophesy or analysis will completely tell the story of our nation’s newest economic collapse.

However, one particular aspect to this will remain constant, as it was in the 1930’s. The resolve and ingenuity of the American consumer to fare well in troubled times will far outlast a lack of funding or rickety financial flooring.

The Filing Bankruptcy Option

Filing bankruptcy is a decision not to be lead into lightly.

Although it was created to be a legal avenue to support the financial rebound for those who travel down its path, it is not meant to be—nor should it be—seen as a ‘quick fix’.

The tasks for such financial declaration are laborious and heavy handed, with numerous ramifications resulting from the process.

The ideological change which abounds from a successful navigation of bankruptcy, if followed as the process is intended to be, is such a reformation that most who chose bankruptcy resurface from it far better suited for financial freedom than those who succumb to the far less successful products of financial distress:

  • foreclosure
  • repossession
  • lack of housing
  • unemployment
  • divorce
  • illness, injuries or death

Consequently, filing bankruptcy can often be a prescription for financial remedy far better suited for the current economic status we Americans are knee-deep in.

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