Archive for July, 2009

Monday, July 13th, 2009

Chicago Cubs Consider Filing Bankruptcy

This report just came across, via the Chicago Tribune: The Chicago Cubs are considering filing bankruptcy.

The Cubs are currently in the process of being sold by their owner, the Tribune Company, who filed for bankruptcy earlier this year.

If the Cubs do file, they will be the first baseball team in forty years to do so.

Although still in negotiations, the Tribune is looking to sell the Cubs and Wrigley Field for around $900 million.

This cash will go towards the Tribune's own debt. The leading contender to take ownership of the Cubs is an investment group headed by Chicago-native Joe Ricketts, although there are rumors of another group making a late push.

By all accounts, jokes about the Cubs offense being bankrupt since April are fair game.

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At the showrooms of the Silicon Valley Auto Group, circumstances have forced a few operating changes.

The cars in the showroom are the same, luxury brands of all types surrounding the centerpiece—a red Bugatti costing $1.6 million, but they aren’t selling.

To save money, Ryan Dohogne, general manager of the dealership, says that his staff now take care of the window washing and plant watering on their own.

No Such Thing As Recession-Proof

Similar stories crop up all over this stretch of California.

Until recently, high-tech centers like Silicon Valley were thought to be “recession-proof” given the industry and related economic activity centered nearby.

Last fall, however, previously invested funds ran out, and capital, normally provided by investment firms and venture capitalists froze up.

The result?
Santa Clara County, home to Silicon Valley, has seen bankruptcies increase 59 percent over the past year, and that number is projected to increase before the recovery catches up with the industry.

Not Just California

In other tech centers, things are no better.

Near Raleigh, North Carolina, unemployment has doubled, and is now at 10.7 percent.

The state has lost nearly 200,000 jobs since early 2008, and one out of every five has come from the Research Triangle, a tech sector near Raleigh and Durham.

In Boston, home to several tech centers, foreclosures have tripled since last summer and are on track to break records.

Venture Capital on Shaky Grounds?

Professor Ed Malecki, a digital economy expert at Ohio State University, explains the dilemma.

“Venture capital,” essentially money invested in exciting ideas, “lives off of private wealth. There’s simply less of [that] around right now.”

In Silicon Valley, bankruptcy is a growing reality.

Sam Taherian, a bankruptcy attorney, says he is seeing a growing number of prospective clients visit and take advantage of a free consultations.

After that, he says, people typically take a month or two to decide whether or not to turn to filing bankruptcy, but just the number investigating the option suggests to Taherian that his caseload is about to get heavier.

The Foreclosure Market

Foreclosures are harder to spot in such a wealthy area, but even in a new complex of townhouses near Santa Clara, 10% of the units for sale are available because of foreclosures.

Robert Lei holds a master’s degree in semiconductor device physics, but he has bowed to the reality of the times—now he is a specialist in foreclosure sales.

“They don’t hang out signs because they want to be discreet,” he says. “They don’t want so many people to see so many ‘for sale signs’ and get scared away, like there’s something wrong here.”

Recession Weighing on All

Workers with master’s degrees are lining up at local food pantries and employment centers.

The recession took a while to reach Silicon Valley, but now that it’s here, things feel just about the same.

Recovery should be just around the corner, particularly with the emphasis on green jobs that will be fueled by the spirit of innovation and entrepreneurship that has made this region famous, but in the mean time, people are taking a cue from the rest of the country and simply trying to whether the storm.

Source: The Associated Press

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Most of us have signed a long contract riddled with fine print – whether for a credit card, a cell phone, a car lease or something else.

And, unfortunately, many of us still aren’t reading every item included in these contracts.

Between irritatingly small type, difficult legal language and time shortages, that’s no major surprise.

But there’s one section of any agreement you should understand – the “arbitration clause.”

What Are Arbitration Clauses?

In contracts (especially those for credit cards), arbitration clauses state that, should a dispute arise between the card issuer and you, the card user, that dispute must be resolved out of court – that is, it must be arbitrated.

How Do Arbitration Clauses Work?

If your credit card agreement includes an arbitration clause and you have a dispute with your card issuer, you can expect something like this:

  1. Your creditor files paperwork with an arbitration firm: The National Arbitration Forum (NAF) is one of the country’s largest arbitration firms. Many credit card companies, retailers and banks work exclusively with the NAF.
  2. You get mail that announces the beginning of your dispute’s arbitration: This may be the only notification you get that your case is being arbitrated. It may be easy to mistake this mail for junk or an ordinary bill, which is why some consumers never realize their cases have begun.
  3. An arbitrator decides your case: This is the part of the process that upsets many consumers: without a court-style hearing, ostensibly impartial judges decide these cases and alert the concerned parties. Also unlike court cases, there is no way to appeal an arbitrated decision.

Are Arbitration Clauses Fair?

Some consumer advocates have raised concerns about how arbitration clauses work – or don’t work – for run of the mill credit card users.

An article that appeared in BusinessWeek stated that most states do not require arbitration firms to release their figures, but in California, where such figures are released, the numbers are scary.

It seems that 99.8 percent of cases decided by NAF favor creditors, not consumers.

And a startling 93.7 percent of arbitration cases begin and end without any consumer participation.

This suggests that consumers are not even aware of what’s going on.

An Arbitration Reform bill has reportedly been introduced into both houses of Congress, and, if passed, could change the way arbitration cases work.

But the bill will likely face hurdles, since eliminating the arbitration option could mean that disputes flood courts, causing backlogs and increased costs.

How to Protect Yourself

To make sure you aren’t victimized by questionable arbitration practices, take these precautions:

  • Read everything before you sign it. If you need help deciphering tricky legalese, consider enlisting the help of a bankruptcy attorney for an afternoon – any fees may save you money and time in the long run.
  • Open and read all mail from your bank and card issuer. If you don’t understand something you see, call the companies until you get a clear explanation.
  • Participate in your own case. Whether or not you sign up for a card that requires arbitration, know that your input can make a difference in how much you end up paying.

Looking for filing bankruptcy information?

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Wednesday, July 8th, 2009

What Happens If a Country Goes Bankrupt?

A recent United Nations financial summit has highlighted a “missing link” in the international financial system according to Supachai Panitchpakdi, the U.N. Secretary General of the United Nations Conference on Trade and Development.

Panitchpakdi is worried about the effect a bankrupt country might have on the global economy, according to Edith M. Lederer, writing for the Associated Press.

According to Panitchpakdi, he is currently working to help 90 poor countries who have vulnerable economies.

Economy Weighing Heavily on Fiscally Vulnerable Countries

In many of these cases, the nations carry debts beyond 100 percent of the value of their overall economies.

Such countries have been pleading for more money to shore up their economies, which have been placed under extreme stress by an economic crisis that originated in much wealthier, developed nations.

Once participant in the summit, Prime Minister Stephenson King of St. Lucia, implored the international community to recognize the direness of his country’s situation and provide “a significantly larger amount of grant funding” in the next several years.

“We simply cannot afford the stranglehold of additional debt,” King says.

No International Bankruptcy Court

The prime minister also pointed out that there is no international court to deal with a country filing bankruptcy and therefore every country would have to rely on its own set of regulations.

Panitchpakdi suggested that the United States Bankruptcy Code, specifically Chapter 11, might serve as a model for allowing countries to reorganize their debts.

Martin Khor, executive director of the South Center, a research organization based in Geneva, Switzerland, agrees that the need for such a system is growing.

“We are afraid that many developing countries will be plunged into a new debt crisis which would be very unfortunate,” Khor says.

He points out that the World Bank recently identified as many as 40 nations with serious debt problems that have arisen following the global economic downturn.

Khor feels that an “international debt arbitration system” is long overdue.

The idea was first raised by UNCTAD in the late 1990s, and later by the International Monetary Fund.

Creditor and Debt Reorganization to Get Countries Back on Track

For nations whose reserves are running dangerously low, Khor suggests a court that could reorganize the creditors to meet with the debtor nation and calculate exactly what their debt is worth and how much creditors should be repaid.

Under such a system, there would be no litigation against a debtor, “and finally new financing should be given to the debtor so that the country can continue again as a viable entity,” Khor said.

Following the Asian tsunami crisis of 2004, the countries hardest-hit by the disaster were given a five-year debt moratorium by the international community, and Panitchpakdi says a similar moratorium may be needed again.

To address what he sees as “the missing link we are seeing at the moment in the international financial system – [which] is a system to deal with so-called sovereign debt insolvency by a country,” the UNCTAD chief believes that during a debt moratorium, “some new financing could be generated so countries could go on living and paying attention to their own economic growth – and at the same time to be looking at the debt restructuring in a way that would have the involvement of the international institutions like the International Monetary Fund.”

Whatever the eventual implementation, it seems likely that bankruptcy, just like everything else, is well on its way to going global.

Source: Forbes.com

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Well, the city of Chicago really knows how to kick somebody when they're down.

The City of Chicago is looking into hiring some debt collection agencies - some of them with checkered pasts - to collect outstanding debts owed to the city. This includes unpaid utility bills and parking tickets.

Just a few months ago, the city quadrupled parking meter rates in the middle of massive economic turmoil. Now, they'll be turning to collection agencies to ratchet up the pressure on financially strapped families.

From the Chicago Tribune's story:

"A lot of the private companies that are in line for collecting government debt have long histories of hiring people who are abusive toward debtors," said Joe Ridout, spokesman for Consumer Action in San Francisco. "They impugn the reputation of the government agencies that they are supposed to be helping out."

Ridout said some collection agencies call people at work to try to embarrass them into paying. In other cases, he alleged, bill collectors have told debtors with Hispanic surnames that they could arrange for them to be deported unless they pay up.

And who will be paying for the "work" these agencies are doing? City taxpayers. This could be a huge deal for collection agencies, who are licking their lips:

The Chicago contract could be a "giant deal," said Sean Keegan, national marketing director of United Recovery Systems in Houston. He estimated a private company would need about 200 collectors and could keep 18 percent to 30 percent of what it rakes in for the city.

If you're dealing with collection agencies, you should keep your rights in mind. Each state has their own laws regulating how collection agencies operate. Generally speaking, collection agencies:

  • Are allowed to call only between 8 a.m. - 9 p.m. If you're receiving calls late at night the collection company could be in violation of the law.
  • Cannot use profane language.
  • Cannot threaten physical harm to your or anyone else or threaten to damage your property.

If you feel your rights have been violated, speak with an attorney right away.

And if you want the harassment to stop, remember that when you file bankruptcy the Automatic Stay court order usually puts a legally-binding halt to all collection actions.

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If you’re trying to build or rebuild your credit after bankruptcy, you probably know that using credit responsibly is your primary goal.

Here’s how to set yourself up for success in borrowing.

Choose Affordable Payments: Before signing loan papers or credit card agreements, you’ll need to do a four-part math problem:

  1. Check your budget. Determine exactly how much money you have left over each month (no generalizing!).
  2. Calculate monthly payments for your loan. Again, make sure you know exactly what you can expect from the life of your loan – no assuming, no generalizing.
  3. Compare the two numbers. If your leftover money is less than the monthly payments, you cannot afford the loan. Assuming you’ll get a raise or a bonus is dangerous, especially in this economy.
  4. Leave a cushion. Remember: part of financial stability is saving money for unexpected emergencies, so if you’d have to spend all your income to cover the loan, you can’t afford it.

Beware of Hidden Costs: Make sure you read the entirety of a loan or credit card agreement before signing it.

If you’re not comfortable interpreting legalese, enlist the help of a bankruptcy attorney. Be on the lookout for the following.

  • Fees & costs associated with the account. Yearly charges, overdraft charges, late charges, early payment charges and others add up quickly and can cost more than you realize.
  • Fluctuating interest rates. Credit card issuers are infamous for advertising low interest rates, but not the fact that many such rates last for only a short period. Make sure you understand what events could lead to your paying more in interest (missed payments, going over your limit, etc.).

Avoid Common Predatory Practices: Unfortunately, some lenders will count on your ignorance about lending practices to trick you into paying more than you should.

Watch out for common schemes like the bait and switch, equity stripping, loan packing and loan flipping.

Bottom Line: There’s No Rush

Many people are eager to reestablish credit after a bankruptcy filing, but don’t let this drive to improve your finances lead to poor borrowing decisions.

Right after filing bankruptcy, you can expect to pay a bit more in interest rates and to qualify for lower loan amounts.

But, if the offers you receive seem too expensive, wait a while.

With a year or so of strong credit practices under your belt, you should be able to get more affordable loans – and improve your chances of improving your credit and staying debt-free.

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Monday, July 6th, 2009

Financial Stress Up Across Country

The Associated Press' monthly economic analysis is out for May of this year and it confirms what many of you are feeling everyday: People are stressed out about their finances.

According to the survey, the most stressed states are California, Michigan and South Carolina.

Across the country, stress is up slightly from April. From the report:

California has been battered by the housing bust, and Michigan has absorbed the brunt of the auto industry crisis.

"And South Carolina is a little bit of everything," said Sean Snaith, economics professor at the University of Central Florida. "Manufacturing and construction jobs have been hard hit in the state."

One common thread running through all three states is heavy jobs losses. Rising unemployment, in turn, is escalating foreclosures and bankruptcies.

Other states under intense financial stress include Oregon, Indiana and Tennessee. Las Vegas continues to be one of the most financially stressed cities.

Are you feeling stressed? Tell us how you're coping.

Need stress relief? Learn how to stop creditor harassment.

Want to learn about filing bankruptcy?

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In what many consider an inevitable shift in the foreclosure crisis, prime, fixed-rate mortgages made up the largest portion of new foreclosures, according to a report issued by the Mortgage Bankers Association.

This was the first time for such numbers since the subprime lending boom began.

The Best-Laid Plans

Sources suggest that two major factors are contributing to the upswing in prime foreclosures:

  • Rising Unemployment: Though the unemployment rate for those with some type of college degree is 4.4 percent (compared with an 8.9 percent rate overall), this number represents a significant jump from a year ago, when unemployment among the college-educated was just 2 percent. This means that some families who counted on sustained income to keep their houses are now struggling to make payments – or finding they cannot.
  • A Glut of Unsold Homes: Because so many houses are currently on the market, selling a house has become a serious challenge, especially for those with bigger mortgages. This means that many of those struggling to pay off debts because of job loss cannot even raise money by selling their houses – the demand for real estate is currently very low.

Time to Buy, Not Sell

As you may already know, it’s a great time to buy a first home.

The sheer quantity of homes on the market means you’ll have a lot to choose from, and the current interest rates favor the purchasers rather than the vendors.

But if you’re looking to sell a larger (rather than a “starter”) home, you may not be so lucky.

Those who may be pushed by tantalizing interest rates to buy a home sooner than they would have otherwise likely won’t be interested in large, elaborate homes – especially in light of the cautionary tales told over and over by those suffering from the current foreclosure crisis.

When Will It All End?

Experts have predicted a variety of timetables for the prime foreclosure crisis.

The least optimistic among these put the crest two years for now, with steady foreclosure action well into 2012.

And Making Home Affordable, the foreclosure-prevention plan introduced by the Obama administration has reportedly only helped about 17,000 homeowners to date – far fewer than the seven to nine million who could benefit from the program, according to its Web site.

If you’re concerned about losing your home to foreclosure, it may be time to speak with one of our sponsoring bankruptcy lawyers about filing bankruptcy.

Chapter 13 bankruptcy designed to stop foreclosure. Talk to a bankruptcy attorney about filing bankruptcy.

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Sunday, July 5th, 2009

Protecting Your Money Online

Since the Internet’s explosion into our lives, we’ve been introduced to amazing new ways of interacting with each other, doing business and connecting with the world.

Unfortunately, the Internet has also introduced a variety of new crimes and consumer vulnerabilities.

The Numbers

  • A recently released Consumer Reports survey showed that 20 percent of Americans (that’s one in five!) have been victimized by online criminals in the past two years.
  • In that time, sources estimate that cyber criminals absconded with $8 billion of victims’ money.

These figures are shocking, but they don’t mean that victimhood is unavoidable.

In fact, related studies have shown some important steps you can take to protect yourself, your computer and your personal information - credit card numbers, SSN, bank information, etc. - from thieves.
Dangerous Browsing

So how do online crooks trick you into parting with your cash? Much more cleverly than you might have suspected.

A report released by McAfee called “The Web’s Most Dangerous Search Terms” reveals a lot about how online scams and crimes work.

The riskiest search terms are, in this order:

  • Lyrics
  • Free
  • Web
  • Gear, gadgets, games
  • Olympics
  • Videos
  • Celebrities
  • Music
  • News

What does this mean for you? After you search a term, say, “song lyrics," a list of Web sites will come up. You choose one by clicking on it. If the site is malicious, you could be compromised in a couple ways:

  • Simply visiting the site could infect you
  • Clicking on any links on the site could harm you

What Happens Once You’re Infected

Criminal sites often work by installing spyware onto your computer. You might find that some of your online passwords don’t work, then find yourself redirected to a site on which you have to enter personal information to “confirm” your identity.

Unfortunately, many scam sites look legitimate. And many Americans have spyware on their computers. Some spy programs work by recording password information you type in and sending it to another computer (the criminal’s).

How to Protect Yourself

  1. Stick to sites you know and trust. Understand that, when you attempt to download things for free, you may get much more than what you pay – in an unpleasant way.
  2. Install security programs onto your computer.
  3. Update your computer regularly. Many updates are designed to protect against the latest scams and viruses.

Protecting yourself online is important.

Some people's finances have been ruined thanks to identity theft scams. In fact, some people wind up filing bankruptcy because of identity theft.

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Saturday, July 4th, 2009

Financial Literacy Fund on the Horizon?

One potentially positive side effect of the real estate market’s crash and subsequent (ongoing) economic recession was a call to arms for promoting financial literacy among American children and adults.

Many of the “exotic” mortgage products and predatory lending strategies that allowed Americans of all income levels to overextend themselves on credit could only succeed in a culture where only those who work in the financial industry have adequate understanding of how the financial system works.

Money Smarts Lacking in the U.S.

If you’re like most Americans, you aren’t as financially savvy as you could be:

  • Average scores on financial literacy tests administered to school-age children have dropped steadily over the years, with 62 percent failing in 2006.
  • Surveys show that as many as 21 percent of 18- and 19-year olds have at least one credit card.
  • Young adults (aged 18 – 24) spend about 30 percent of their income on repaying debt, three times the recommended 10 percent for this purpose.
  • About one in five American households is “unbanked,” meaning that they do not keep their money in a standard, federally insured financial institution.
  • Of households that carry revolving debt (such as credit card debt), the average amount is between $10,000 and $12,000 – and this doesn’t even take into account debt from mortgages, car loans, etc.

And, while these numbers are upsetting in themselves, they’re even more disturbing when considered in context: if almost nobody understands financial matters, who is expected to teach us?

Proposed Bill Would Fund Financial Literacy Education

While the current state of the economy means headaches for most of us, it also means our legislators are taking action to make things better.

According to a press release, Senator Kay Hagan (D – N.C.) has proposed a bill that would provide funding to states that include financial literacy educational programs for sixth to twelfth graders.

According to the release, the bill would:

  • Require that 80 percent of money be funneled to student instruction
  • Allow the remaining 20 percent of funds to go toward professional and curriculum development

The bill is currently beginning its path through the Health, Education, Labor and Pensions committee of the Senate – consider contacting your senator if it interests you.

--We also have filing bankruptcy information at www.TotalBankruptcy.com

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