Archive for August, 2010

Thursday, August 12th, 2010

The Truth about Bankruptcy and Student Loans

College students and recent graduates are facing a particularly difficult financial landscape as they attempt to move from the classroom to the workplace: college tuition is more expensive than ever, meaning that most students rely at least in part on loans to cover their fees.

But, with the economy still sluggish, finding a job (and particularly a job that will allow them to cover their loans) is often a difficult feat.

And the scary truth is that student loans are very difficult to discharge in a bankruptcy filing. Here’s a look at what you can expect if you’re struggling to repay educational debt—and what your options might be.

Student Loans in Bankruptcy

In most bankruptcy cases, student loans constitute non-dischargeable debt, meaning that the bankruptcy court cannot legally forgive any money you owe. The exception to this rule is that if a filer can prove “undue hardship,” she might have her loans forgiven.

In order to demonstrate that paying back your student loans would cause you “undue hardship,” you must address the following:

  • Standard of living: You need to show the bankruptcy court that, if you made payments on your student loans, you would be forced to live below a minimum standard of living. This may vary depending on where you live, so be sure to consult with a bankruptcy lawyer to determine whether you might meet this criterion.
  • Duration of situation: You also need to prove that your current living circumstances (such as expenses and income) are likely to continue throughout the duration of your loans’ repayment period. In other words, you need to show that you’re not only poor now, but you’re likely to remain so for as long as you’d be making student loan payments.
  • Effort of repayment: Finally, you have to demonstrate that you’ve honestly attempted to repay your loans but have found yourself unable to continue doing so while maintaining reasonable living standards.

Clearly, these criteria are not easy to meet—and it’s likely you might not even want to meet them. After all, none of us want to think we’ll be having the same difficulty finding work ten years from now that we’re currently having.

Dealing with Student Debt

If you don’t think you’re likely to have your student debts discharged by a bankruptcy court, you may want to consider these options for repayment.

  • Filing for bankruptcy: No, that’s not a typo. If you’re stretched too thin by a variety of debts, filing for bankruptcy may allow you to discharge other debts (like those from credit cards) so you can funnel money to debts you have to repay.
  • Applying for forbearance: Most student lenders offer graduates periods of forbearance, in which they’re not required to make payments on their loans. If you expect to be employed (or be earning more money) in the near future, this option may give you some breathing room.
  • Negotiating: Finally, consider contacting your lender, explaining your situation and asking for altered loan terms that would allow you to make smaller monthly payments so you could stay on target.
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Wednesday, August 11th, 2010

Social Security at Its Tipping Point

Social Security is at a critical tipping point—the system is paying out more dollars than it’s taking in, a recent article from CNN.com indicates. Obviously, that’s not good news for the long-term health of Social Security, or those depending on it.

The State of Social Security

The Social Security system, designed as a state-run support fund for working Americans as part of the New Deal, works on a fairly simple principle: people pay a certain amount of money into the Social Security coffers whenever they’re employed, and if and when they need more money than they’re making (based on government standards), they can collect money from those coffers.

Currently, Social Security benefits include:

  • Payments to the retired and disabled;
  • Payments to the unemployed;
  • Funds for medical care for the aged and poor;
  • Financial assistance for needy families; and
  • Funds for children in need.

But, according to sources, both 2010 and 2011 will see the Social Security system pay more in benefit to needy Americans than it collects in taxes, meaning that the fund will diminish. That trend should reverse itself for a few years, but most experts apparently expect that the fund will be exhausted (that is, able to pay out only 76 percent of benefits) by 2037.

Blame the Economy

So what pushed the Social Security fund into the red? Sources note that the rough economy has played a significant role:

  • High unemployment: The steady 9.5 percent jobless rate means that fewer Americans than usual are paying into the Social Security fund, which translates to less money coming into the system. Meanwhile, more people than usual are drawing unemployment benefits, which strains the system.
  • Early retirement: With work difficult to find, many older Americans are opting for early retirement. This means they’re pulling money from the Social Security fund earlier than they would have normally. While early retirees are eligible for smaller payments than those who wait until their full retirement age, this still means that the system is paying out more money and taking less in.
  • Government borrowing: Since the Social Security system was reformed in the early 1980s, the federal government has reportedly borrowed significant amounts of money from the trust with promises of repayment—which has yet to materialize.

So what does this mean for you? For many years now, experts have emphasized that the average American should not depend on Social Security alone to finance their retirement years. The dire state of the nation’s retirement fund reinforces that point and underlines the importance of having a personal retirement savings and/or investment fund.

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Considering that a significant number of Americans who seek bankruptcy protection do so at least in part because of overwhelming medical bills, there's a little-known trick that could prove financially amazing for some individuals. A recent article from the New York Times suggests a very simple technique for saving money on doctor’s bills.

The Trick

Luckily, this “trick” for knocking as much as 25 percent off your medical bills isn’t complicated or difficult. Here’s what you have to do:

  • Call the hospital or doctor you visited when you have a copy of your bill.
  • Ask if you can have a 25 percent discount if you agree to pay in full over the phone (which usually means giving a credit or debit card number).
  • Wait for results.

The caveat here is that you actually have to have 75 percent of the bill available in cash; otherwise, the strategy won’t work. But, if you’ve developed a savings account for emergencies or even for routine medical costs, you’re probably in a good position to give this a whirl.

Why It Works

So why would hospitals and doctors agree to accept less than the amount they charged you, often without any sort of negotiation? Because, according to sources, many are accustomed to patients who cannot pay, refuse to pay, have their debts discharged in bankruptcy or otherwise avoid payment in full.

After all, medical debts are dischargeable in bankruptcy and emergency procedures can cost a pretty penny, especially if you’re not insured or insured well.

Where Else You Can (And Can’t) Try It

The good news (if you’re willing to start saving some money to try this trick elsewhere) is that the medical world isn’t the only one that might accept an offer for immediate, partial payment.

Consider trying it for one of your credit cards: if you have a significant balance on one card but have saved up a portion of what you owe, try calling your company and asking to make a lump payment for that portion, in exchange for their excusing the rest.

It’s a good idea to get such an agreement in writing, so if your issuer consents, be sure to include your agreement in writing when you send payment. Like medical bills, credit card debt can be discharged in bankruptcy, and many issuers will be happy to accept a guaranteed portion rather than risk losing all of it if you file.

The trick probably won’t work, though, for student loans. Because these are not usually dischargeable in bankruptcy court, student lenders have little incentive to settle for less than what you owe.

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A recent study from CreditCards.com illuminates a worrying issue about credit cards that may not be addressed by the Credit CARD Act (taking full effect later this month).

The study, which examined what it calls the “readability” of various credit card agreements, found some troubling trends, including:

  • The average credit card agreement (that long document of fine print you have to sign when you open a new credit card) is written at a 12th grade reading level.
  • The average American, it seems, reads at a ninth grade reading level, though as many as 48 percent read at a sixth grade level or below.
  • As many as 80 percent of American adults have reading skills that aren’t up to the task of deciphering the language included in credit card agreements.

Taking into consideration from this study, it’s not at all surprising that Americans are getting in over their heads with credit card debt—to the extent that bankruptcy filings are expected to approach two million this year, according to CNN.com.

Encouraging Changes

While the findings of the readability study may be cause for concern, there is some good news out there. For one thing, the study was reportedly made possible because of one requirement of the Credit CARD Act, which requires credit card issuers to submit copies of their card agreements to the Federal Reserve and for the Fed to post those agreements online.

And, as sources indicate, the average American needn’t always be at a loss when trying to understand the fine print in a card agreement:

  • The newly mandated Consumer Financial Protection Bureau will have the ability to require credit card issuers to write their agreements in plain English, so that more credit card users can understand what they’re signing up for.
  • Some banks apparently already write their agreements at a ninth grade level or below, which is what consumer advocates recommend. For a list of banks that offer more understandable contracts, see the CreditCards.com article.
  • New requirements from the Fed mean that credit card agreements must include a one-page summary document of terms (which is a good thing, considering at least one agreement studied included more than 20,000 words!). This should outline the major terms a card requires.

So what does it all mean? The lack of readability in credit card agreements is scary partly because most consumer advocates push consumers to read in full any document before signing it – but reading doesn’t always mean understanding. If you aren’t sure about your card’s terms, consider asking a trusted friend or advisor to guide you or switching to one of the easier-to-fathom cards mentioned in the article.

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A recent study by a consortium of advocacy groups reveals interesting data on what aspects of personal finance cause American consumers the most frustration. According to reports, a large number of consumer complaints were related to problems with car sales, credit issues, and debt, reports the Wall Street Journal.

To tap into the mind of the average consumer, the study polled a variety of state consumer agencies, which are facing record-breaking numbers of complaints while struggling under the weight of lowered budgets. A majority of the agencies polled reported a higher volume of complaints in 2009 than they received in 2008.

The list of the five areas that received the most consumer complaints reads like a “Who’s Who” of American economic ills. They are listed below:

1. Car Sales: Auto dealers earned the dubious distinction of being the focus of the most consumer complaints in 2009. Car buyers complained about misleading advertising tactics, poor repairs, towing disputes, and used cars that turn out to be lemons.
2. Credit and Debt: A large number of consumers experienced problems with predatory lending, harsh debt-collection practices, billing and fee disputes, and fraud related to home mortgages.
3. Home Construction: This represented the second largest source of consumer complaints in 2008, but fell to third last year as the overall amount of home sales plummeted. With so little construction, there was less to complain about, though contractors would likely welcome more complaints if it meant more business was on the horizon.
4. Utilities: The country’s utility services likely rank so high due to their necessity in most American homes. Still, consumers alleged service problems in a wide range of utilities, from phone and cable services to electric and gas.
5. Retail sales: Here, consumers typically complained about deceptive practices in the retail industry, like misleading newspaper advertisements, problems with coupons and gift card, and complications with the delivery of products.

Rounding out the top ten of most frequently cited areas of consumer complaints were general services, Internet sales, common household goods, disputes with landlords, and problems with health-related goods and services.

The Hottest Topic

The fastest growing complaint in 2009 centered on the increasingly popular scams offering to save homeowners from foreclosures. Susan Grant, a leading advocate with the Consumer Federation of America, observes that most consumers "are desperately trying to fend off foreclosure and in many of these offers to help them, [scammers] take their money, and in some cases, their homes, and run."

Additional Resources

To learn more about how to resolve your own consumer complaint, check out this handy guide issued by consumerfed.org.

If you are beyond the complaint stage and are experiencing severe financial distress, personal bankruptcy may prove to be a financial lifesaver.

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Wednesday, August 4th, 2010

Consumer Confidence Falls to Five-Month Low

A key indicator of the strength of the American economy’s recovery shows that the recession is still rearing its ugly head. Sources indicate that the Consumer Confidence Index fell to 50.4 in July, its lowest mark in five months.

The Consumer Confidence Survey, used by financial experts to gauge the pulse of the average consumer, is determined by polling 5,000 U.S. households. The answers from this representative polling reveal pessimistic attitudes about the short-term future of the economy:

  • The current Index figure, 50.4, is down from 54.3 in June and 63.3 in May. For perspective, the lowest number ever calculated by the Index was 25.3 in April of 2009, during the peak of the recession.
  • Every component of the Index dropped during July. These components included negative attitudes about business and fears of a continually weak labor market.
  • Only 4.3 percent of respondents said that available jobs were “plentiful.”
  • Almost half of respondents said that jobs are “hard to get” in July, which was a 2.5 percent jump from such claims in June.
  • The percentage of people expecting new jobs to become available in the coming months also dropped by a few percentage points, and the number of people expecting an improvement in business conditions also fell.

Effects of Lowered Consumer Confidence

These statistics seem dour, but how do they impact the real economic world? The director of the Conference Board’s Consumer Research Center, Lynn Franco, said the recent drop in consumer confidence could have a negative impact on a key period of consumer activity for business.

According to Franco, given consumers’ lowered confidence, as well as “pessimistic income outlook and lackluster job growth, retailers are very likely to face a challenging back-to-school season.”

Further, the lack of consumer confidence shows no signs of quickly shifting in a positive direction. As Franco said, “[c]oncerns about business conditions and the labor market are casting a dark cloud over consumers that is not likely to lift until the job market improves.”

How Accurate is the Consumer Confidence Index?

Historically, the Index has been remarkably adept at providing economic insight. During its use, when the Index has detected rises in consumer confidence, those rises are accompanied by increases in consumer spending.

Since consumer spending is an integral part of the American economy, accounting for almost 70 percent of the country’s total GDP, rising consumer confidence generally leads to more spending, which invariably boosts our economic health.

As the economy continues to sputter, more and more people are finding it necessary to consider personal bankruptcy. If your confidence is down due to financial ills like debt or home foreclosure, consider contacting an personal bankruptcy attorney.

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Despite sweeping financial reforms passed by Congress a few weeks ago, there remain loopholes in the new laws that spell continued danger for consumers. Specifically, the new laws still allow some predatory lenders to roam free.

While the reforms put lending restrictions on most major financial institutions, car dealers and community banks escaped the grasp of the new federal regulations. This oversight poses a serious threat to many consumers, as these two industries are annually involved in billions of dollars in loans to tens of millions of people.

Car Dealers

Most folks don’t pay for automobiles with cash. As a result, auto dealers are seasoned veterans of the loan industry. With high stakes in the financial reform package, sources indicate that the auto industry lobbied hard to escape the regulations. Some of their key gains include:

  • We Didn’t Do it: One of the most criticized loopholes of the financial reform bill was the “carve out” won by auto dealers. Car dealers escaped further regulation because they convinced legislators that they were not responsible for the recent economic meltdown.
  • Power in Numbers: How do car dealers have so much lobbying muscle? Mostly because there are more than 18,000 dealers nationwide. And the financial institutions who aid in most car loans were glad to assist their friends in the car industry, as well.
  • More Escapees: In addition to the exemption for car dealers, companies who sell boats, motorcycles, and RVs are also not governed by the new legislation.

Finally, while 90 percent of car loans are financed through standard financial institutions, like banks, car dealers serve as brokers about 80 percent of the time. So, according to consumer groups, the car dealer’s role as a broker leaves room for them to push loans with unfairly high interest rates. According to some reports, car dealers are more likely to charge excessively high interest rates to minorities and lower-income borrowers.

Community Banks

In order to avoid further regulation, community banks successfully argued that they are much different entities than larger financial institutions. Typically, small community banks charge smaller fees than their larger counterparts and are more dependent on aid of small, local businesses.

As a result of lobbying efforts, community banks are now exempt from paying the same Federal Deposit Insurance premiums as large banks. In addition, all banks with assets under $10 billion are not required to follow new lending regulations.

Still, the Independent Community Banks of America recognize the potential for loan scams, and they warn that consumers should always be wary of loans that sound too good to be true. If you are unsure of whether or not you’re the victim of a financial scam, don’t hesitate to contact a bankruptcy attorney.

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Did you know that a common contributing factor to bankruptcy filings is serious illness or injury? In fact, many Americans who file for bankruptcy to escape overwhelming debt do so because of medical bills they can’t afford and didn’t see coming.

It makes sense, then, to review some key ways to spend a little money now to avoid greater expenses in the future. Here’s a look at how you can protect yourself and your family, according to a recent article from U.S. News & World Report.

When to Buy New

  • Cribs and children’s furniture: Even items that seem to be in good shape can be a health risk, as safety recalls on baby items are fairly common. Rather than scrambling for an item’s history, opt for a new crib with a proven safety record.
  • Car seats: While nobody likes to think about getting in a serious car accident, they do happen and can be devastating if you and your loved ones aren’t prepared. Because safety standards are improved and changed commonly, opt for a new seat for your child. Also: consider that some damaged seats may look okay. Better not to find out the hard way.
  • Bike helmets: Did you know that bike helmets are built to protect the head for only one crash? A used helmet may not provide the protection you think you're getting.
  • Car tires: Like many of the items on this list, tires don’t come with an accident history and might not show visible signs of serious damage. But remember: the cost of new tires is probably less than the cost of the damage that could be caused by a serious accident. An ounce of prevention here is well worth the price.
  • Computer software: While buying secondhand may seem like the cheapest way to go, it could end up being a total waste of money. Many kinds of software come with serial numbers that are registered with the company – after one registration, they can’t be used again and so would be worthless. Better to buy new software for yourself and avoid the risk of throwing away money.
  • Mattresses and bedding: The cost (in dollars, hours, health and frustration) of dealing with bed bugs, mold, mites, bacteria or anything else that might linger on a secondhand mattress is rarely worth the savings. And don’t think these concerns are memories of a distant past, either: even mainstream retailers have had trouble with mattress-loving critters in recent weeks.
  • Shoes: If you aren’t repelled by the idea of wearing someone else’s shoes, they may seem like an intriguing bargain. But be careful: used shoes tend to be molded to someone’s feet other than your own, and their support structures can be worn out. If you plan to be on your feet a lot, you may avoid serious back problems by buying new.
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