Archive for the ‘Finance 101: Secure Your Future’ Category

Friday, December 9th, 2011

German Bankruptcy Support Group Thrives

Attila van Unruh, a serial entrepreneur living in Germany, has found his latest business success from an unlikely source: bankruptcy. According to the English version of the German paper Deutsche Welle, van Unruh came to his latest venture after having to declare bankruptcy because of an employee’s mismanagement of funds in one of the businesses he’d started.

At the time he filed for bankruptcy, van Unruh had opened an airline extension, a catering business, and a restaurant chain. Perhaps unsurprisingly, he saw his experience in bankruptcy as a way to help others—and started another business.

Harsher Bankruptcy Penalties in Germany

We’ve often remarked that American bankruptcy protection is an integral part of the fabric of our culture—our bankruptcy laws are relatively lenient, compared to those of many other countries, and as such encourage greater business risk-taking than in other parts of the world.

In Germany, however, those who file for bankruptcy may not be able to rent an apartment, get a cell phone contract, or conduct other essential business of everyday life for several years following their petition. The German bankruptcy process lasts six years, compared to as little as six months in the U.S.

When he entered bankruptcy protection, van Unruh discovered those depressing and discouraging realities firsthand—and he decided to do something about them.

He launched the group Insolvents Anonymous, which, since its inception, has:

  • Provided those in bankruptcy a forum to discuss their fears, frustrations, and experiences.
  • Established a network of counselors to help business owners with financial, personal, and emotional matters relating to bankruptcy.
  • Expanded to harness the knowledge of the thousands of entrepreneurs who have benefited from its services to provide essential information to other business owners and prevent future bankruptcies.
  • Spread to 10 German cities and parts of Austria. The group has reportedly helped at least 5,000 entrepreneurs already.

The Push for Bankruptcy Law Reform

It seems that van Unruh’s timing in creating Insolvents Anonymous was just right: as the economic crisis worsened, his group expanded and became relevant to more Germans and Austrians than in the past.

At present, van Unruh has apparently secured sponsors for his services and is pushing for a modification in Germany’s bankruptcy laws so that they more closely resemble those in the U.K. or France. One major point he’d like to see addressed? The waiting period before starting new business ventures.

After six years of bankruptcy, German filers must wait three additional years before starting a new business, a restriction that could hamper a filer’s ability to recover financially from bankruptcy.

Whether or not van Unruh succeeds remains to be seen, but his outlook, in some ways, seems rosy: much of Insolvents Anonymous’ current funding comes from “graduates” of the program who have gotten back on their feet and are able to give back to the group. This alone suggests that van Unruh is on to another winning proposition.

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A report from Financial-Planning.com notes an unsettling trend in bankruptcy filings: in recent years, the number of Certified Financial Planners (CFPs) filing for bankruptcy protection has increased. CFPs are highly trained financial experts who must undergo rigorous training and pass difficult tests in order to become certified.

In 2010, according to sources, as many as a quarter of the disciplinary cases heard by the CFP Board involved CFPs filing for bankruptcy protection. So far in 2011, that number is on pace to reach one-third of all cases.

The History of Bankruptcy among CFPs

In fairness, the CFP board only began tracking bankruptcy statistics in 2010, though its guidelines have always required the board to investigate any personal or business bankruptcy filings it heard about. Still, the frequency of bankruptcy filing seemed high to Board members, and at least one attributed the 2010-to-2011 climb to the failing economy.

One encouraging fact that emerged in the Financial-Planning.com report was that the Board takes a number of factors into consideration when deciding how to proceed after a CFP’s bankruptcy. Depending on the circumstances, the Board may:

  • Offer censure or some sort of penalty. Some CFPs who file for bankruptcy are required to take remedial courses, though they are allowed to continue practicing. Even when CFPs are allowed to move forward with practice, though, they may have difficulty bouncing back after filing for personal or business bankruptcy. Sources indicate that CFPs have reported mixed results after attempting to restart a financial planning enterprise post-bankruptcy.
  • Revoke a license. In cases that the Board judges to be egregious, it might revoke a CFP’s license to practice financial advising. Cases that raise particular red flags, sources note, are those in which actions of the CFP clearly and directly caused the debt that led to bankruptcy and second or third bankruptcy filings.
  • Do nothing. If the circumstances are beyond the bankruptcy filer’s control (for example, if the CFP filed for bankruptcy to eliminate debts associated with medical bills), the board may take no disciplinary action. It does not consider such bankruptcy filings to indicate any “fault” on the part of the filer.

Comparison to the General Public: Bankruptcy Figures

Interestingly, the CFP’s bankruptcy filing numbers are not quite in step with the rest of the country’s. While total consumer bankruptcy filings peaked among the general U.S. population in 2010 and have declined this year, filings among CFPs are still rising—and perhaps may not hit their peak for some time.

Of course, the figures associated with CFP bankruptcies cannot be considered quite as exhaustive as those for the rest of the country, especially since the CFP Board has only just begun collecting data on this particular phenomenon.

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New research published recently in the New York Times provides a fascinating look at how our brains work when required to make important decisions. The findings could have serious implications for people trying to avoid debt, rebuild after bankruptcy, or stick to a budget.

What Is Decision Fatigue?

Decision fatigue is exactly what it sounds like: a phenomenon that occurs when a person has made too many choices. Intriguingly:

  • Each decision a person makes requires energy.
  • We all have limits to our mental energy, but we may not realize we’re approaching those limits.
  • As we make decisions throughout the day, our mental energy is depleted. It can be restored with rest and food.
  • Poor people are reportedly more susceptible to decision fatigue than rich people because those with less money generally have to put more energy into each purchasing decision they make. Having fewer resources means that every spending choice has higher stakes.
  • Decision fatigue can lead to impulse buying, overextending yourself on credit and otherwise making the sort of purchases you wouldn’t if you had your full mental reserves available.

We’re wired to deal with decision fatigue in two ways: by acting impulsively or by making no decision at all. Clearly, either of those options can have serious side effects, especially if debt is on the line.

How Can I Fight Decision Fatigue?

We have to make so many decisions each day, we may not realize we’re making them: what to wear, what to eat for breakfast, what to pack for lunch, which lane to drive in, where to park – and that’s before getting to work.

Researchers have found that there are some key ways to fight decision fatigue and maximize your effectiveness throughout the day:

  • Plan ahead: Set out your clothes, pack your lunch and decide on breakfast before bed. In the morning, you can breeze through without stressing about minor things.
  • Schedule major decisions: If you know you have to make important decisions (e.g. buy a car or lead a big meeting at work), plan ahead. Make sure to get enough rest beforehand and to approach the decision with a full stomach.
  • Space major decisions: While it may seem productive to schedule major decisions or projects close together, you’ll probably serve yourself better by giving your brain a break between them.
  • Have a snack on hand: One encouraging finding of the decision fatigue research was that there is a simple way to fight back: eat something. The rush of glucose to the blood and brain we get from eating can help rejuvenate our energy and make decisions a little less overwhelming.
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Monday, August 22nd, 2011

How Can Social Media Affect Bankruptcy?

Most of us have heard warnings about how social media can affect our lives in unexpected ways (e.g. robberies that occur when people post their out-of-town status on Facebook), but the effect of social media on bankruptcy filings is less well known.

Here’s a look at how your online presence might affect your bankruptcy case (and why it’s so important to avoid bankruptcy fraud).

Social Media: Assets, Spending Habits, Income

The bankruptcy petition all filers must complete and submit to the bankruptcy court requires a lot of information about the state of the filer’s personal finances. Putting incomplete or incorrect information on a bankruptcy petition could result in charges of bankruptcy fraud (which can come with jail time and fines of up to $500,000) or the dismissal of a bankruptcy case.

When you’re filing out your bankruptcy paperwork, keep in mind that social media can affect all of the following.

  • Asset list: You may not think of Facebook as a place where you catalog your possessions, but pictures from birthdays and holidays (and even shots around the house) often include our stuff. If you fail to mention new electronics, jewelry or other valuable items in your bankruptcy petition, a savvy trustee could comb through your Facebook pictures and find evidence that your paperwork was wrong. This could prevent you from getting your discharge or mean you have to pay for the non-exempt portion of those assets.
  • Luxury expenses: In Chapter 7 bankruptcy, credit card debt is usually dischargeable (i.e. the bankruptcy court can eliminate most credit card debt). The exceptions to this rule include credit card purchases for luxury goods or services made within 90 days of filing the bankruptcy petition. So pictures online of you and your family on vacation just before you filed for bankruptcy could raise some uncomfortable questions with your bankruptcy trustee. And if the vacation was on a credit card and was within three months of submitting the bankruptcy petition, there’s a good chance you’ll have to pay those debts.
  • New jobs: In Chapter 13 bankruptcy, filers are required to make repayments to their creditors over a period of three to five years. Those payments are calculated based on a filer’s disposable income at the time of the filing, although if that income changes during the course of the repayment plan, the amount of the monthly payments should change too. So if you get a raise or a great new job and tweet about it or post about it on Facebook but don’t tell your bankruptcy trustee, you could still end up having to pay more to your creditors.

Privacy in Social Media

Even if you keep your social media profiles private, you aren’t in a “protected” zone. That’s because the bankruptcy court can subpoena your online information and thus uncover anything you’ve posted online.

Bottom line: don’t lie on your bankruptcy forms. And don’t post anything online you don’t want your bankruptcy trustee to know.

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These days, the rising cost of health care is a serious worry for many Americans. Bankruptcy filers often cite high medical bills as one factor that led them to seek protection, leading analysts to coin the phrase “medical bankruptcy.”

But one less-discussed phenomenon involving medical debt and bankruptcy revolves around this issue of elder care. The truth is, though, that taking care of aging parents or family members may lead to bankruptcy. Here’s a look at the problem and some methods to prevent it.

The Cost of Aging

Various studies have shown that long-term care for older people can be shockingly expensive. Sources report that:

  • After Alzheimer’s diagnosis, the average patient spends $400,000 for medical care.
  • On average, nursing homes come with a price tag of $7,000 per month.
  • Assisted living facilities cost a monthly $3,300 on average.
  • An average couple that retires at 65 in 2011 can expect to fork over $230,000 in medical costs during the course of their retirement.
  • As many as 65 percent of people over 65 will need long-term care at some time in the future and there’s a 75 percent chance that one member of a retirement-age couple will.

Because many people don’t save enough money to cover these expenses, the burden of providing long-term care may fall to other family members (particularly those who are still working).

Protecting Yourself & Your Loved Ones from Medical Debt

Filing for bankruptcy can provide relief from medical debt. But if you take some precautionary measures, you may be able to keep yourself out of bankruptcy court while still keeping your aging family members in good health.

Insiders recommend taking the following steps:

  • Buy long-term care insurance. This is a kind of health insurance exclusively for those who end up needing long-term care. The earlier in life you begin paying into the system, the lower rates you’re likely to get. Sources recommend doing some research on long-term care insurers, though: the costs and services vary widely and you can save yourself money by getting insurance tailored to your likely needs.
  • Understand the Medicaid option. While retirees have access to Medicare, that program doesn’t cover long-term custodial care. It is possible to qualify for Medicaid as a retiree, though, a program that does offer long-term care. Talk with a healthcare professional about your potential to qualify.
  • Don’t drain your retirement account early. During tight financial times, the temptation to drain a retirement account or 401(k) may be hard to resist. But it’s important to remember that using money from those accounts before they’ve “ripened” will result in serious tax penalties. Plus, the money can’t be replaced. Further, retirement accounts are protected in bankruptcy court, meaning that even if you file for bankruptcy, you’ll get to hang on to your future funds.

Medical costs can be frustratingly high, especially for those who need intensive or persistent care. Taking action while you’re healthy can save you serious money when you get sick.

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Wednesday, June 8th, 2011

How to Avoid Money-Guzzling Scams

One of the most troubling aspects of financial scams is that they prey on people’s best intentions. Nearly every time a natural disaster occurs, the Federal Trade Commission issues a report warning against scammers posing as charity fundraisers offering their funds to the latest victims.

And being victimized by a scam can cost a lot of money, cause serious damage to your credit score and take hours and hours of your time to recover from. Here’s a look at some steps you can take to make sure you and your finances are protected from scam artists.

Protect Your Money

  • Do some research. If you’re offered a questionable deal over the phone or in person, don’t agree right away. Instead, consult with a trusted friend or family member. That way, you’ll have a chance to cool down and get a second opinion.
  • Check your credit. Anyone who has filed for bankruptcy understands the importance of monitoring her credit report, and in addition to giving you a general picture of your financial health, it can show you whether or not anyone besides you has been using your accounts or identifying information. You can see your credit report for free at AnnualCreditReport.com to make sure you’re the only one spending your money.
  • Keep your information private. Most people know now not to write their Social Security Number on checks, but it’s also a good idea to take greater measures to protect yourself. Check out the FTC’s resources for keeping your phone number, email address and other contact information private.
  • Know debit and credit card risks. While most credit card issuers offer excellent protections for scam victims, debit card protections are often scant. If you have the option between debit and credit (and you can trust yourself to pay your bill in full each month), choose credit when making large purchases or ordering products online.
  • Know the risks of email and phone calls. These days, scammers can call themselves whatever they want to trick caller ID into making you think you’re talking with someone trustworthy. And email scammers are getting better and better at sending phony links that look legitimate. Generally speaking, don’t offer personal information unless you’ve typed a URL or dialed a phone number yourself; otherwise, you risk sharing your sensitive facts with the wrong sort of people.
  • Pay attention to your medical information. When you receive mail from your health care provider about services or insurance issues, read through it carefully to make sure nobody but you has been using your information to receive medical treatment. Medical identity theft is a serious concern that can damage you financially and lead to inappropriate medical treatment.
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The Federal Trade Commission announced this week that according to a recent study, there has been an increase in the number of drug companies engaging in pay-to-delay deals with generic drug producers.

The FTC has denounced the actions, and with good reason: medical costs are one major contributor to many personal bankruptcy filings of U.S. citizens. So how might these types of deals affect you and your family?

  • Background information: Once a drug company patents a certain drug, generic producers of drugs of similar chemical composition may file a challenge to the patent, with the goal of being able to produce a chemically similar (or identical) version to sell more cheaply.
  • How the deals work: If these challenges went to court, it’s possible that they would result in judges ruling in favor of the generic producers. In order to avoid that outcome (and thus secure the market for themselves for a longer period of time), some brand-name drug manufacturers settle out of court with generic drug producers.
  • Who makes money: Most settlements include an agreement that the generic manufacturer will not produce the generic version of the drug until a certain date; some settlements include a financial incentive from the brand-name manufacturer to lengthen the delay period (i.e. the brand-name manufacturer pays the generic manufacturer to delay its release of its cheaper product). The FTC found that in cases involving a payment, generic drug release waiting periods increased by an average of 17 months.
  • Who loses money: The FTC notes that in 2010, 22 name-brand drugs were targeted in pay-to-delay deals. The total number of such deals reportedly jumped from 19 in 2009 to 31 in 2010 (an increase of more than 60 percent).
  • What it costs us: The total dollar toll these deals have taken on Americans comes to $3.5 billion per year, according to FTC estimates. The difference comes from the fact that generic drugs can cost anywhere from 20 to 90 percent less than their name-brand counterparts. That’s a lot of money people could be putting toward paying down mortgages or credit card debt.

Are Generic Drug-Delay Deals Legal?

Anyone familiar with antitrust laws may wonder whether deals to delay competitive drugs are even legal in the U.S. The answer is a little murky. It seems that the FTC has filed a number of lawsuits against pay-to-delay agreements and has demonstrated its support of bills in Congress designed to eliminate such activity among drug manufacturers.

How can you take action? While there may not be much you can do about the problem of pay-for-delay agreements, if you’re worried about paying your medical bills, you can (and should) ask your physician whether generic versions are available any time you need medicine.

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The National Foundation for Credit Counseling reported results from its annual survey of consumer financial literacy recently, and the findings suggest that, as a nation, we’re still not as well equipped to deal with financial stumbling blocks as we need to be.

Specifically, the survey revealed the following about American consumers:

  • 26 percent of survey respondents reported spending more than they did last year, a percentage higher than it has been for two years. While this could be good for the nation’s economic recovery, it’s only one part of the puzzle.
  • More than 40 percent of respondents graded themselves as earning a C or lower in their personal finance know-how. This is alarming but not surprising: in more official tests of financial literacy (often given to high school students), it’s often common for the majority of students to fail.
  • While more than two-thirds of Americans reported paying for most purchases with cash or debit cards, 40 percent still reportedly carry revolving debt on their credit cards from month to month. This sort of behavior can be dangerous and debilitating, especially if a consumer is hit with unexpected job loss or income reduction. In fact, one of the most commonly cited factors for bankruptcy filings is overextension on credit.
  • More than 80 percent of the those polled apparently voiced the opinion that walking away from a mortgage can be justified in certain circumstances, particularly if the borrower was misled at the time of the loan or if the borrower can no longer afford mortgage payments. If many people get a chance to act on these beliefs, the effect on the housing market could be seriously detrimental, especially during a period of recovery.

Why Does Financial Literacy Matter?

The issue of financial literacy education has been a hot one in recent years, ever since the bubble in the housing market burst and the abuses (by lenders and borrowers alike) came to light.

Since the beginning of the Great Recession, we’ve seen legislation like the Credit CARD Act to improve the transparency of credit products for consumers, the creation of the Consumer Financial Protection Bureau, and proposals to change debit card fees and other consumer credit products.

When the Bankruptcy Abuse Prevention and Consumer Protection Act took effect in 2005, one of its provisions was the introduction of a Debtor Education (also called a Financial Management) course for all bankruptcy filers – the idea was that those who filed for bankruptcy could certainly benefit from a little guidance on financial matters. And the idea seems to be a good one.

But what about those who aren’t ready to file for bankruptcy? Luckily, the U.S. Government has set up a financial literacy destination, MyMoney.gov, for people who have never set foot in the bankruptcy court.

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Monday, April 11th, 2011

Celebrate Financial Literacy Month

The Federal Trade Commission has announced that April is National Financial Literacy Month and, as such, a great opportunity for Americans of all ages to brush up their financial smarts to make the most of their money, credit and financial future.

So what kinds of things can you do to celebrate financial literacy month? The FTC recommends checking out these services.

  • Money Matters: This web site has information in both English and Spanish about essential financial literacy topics including debt collection, credit repair scams, vehicle repossession, job hunting, job offer scams, foreclosure rescue scams, budgeting for mortgage payments and more. Whether you prefer quick tips or more in-depth videos, this site has information to help you.
  • Free Annual Credit Reports: Here, the FTC explains how and why Americans are entitled to a free credit report from each of the three major reporting bureaus once each year. This site also provides information about why it’s important to check your credit report regularly and where you can get your no-strings attached, truly free credit report (www.annualcreditreport.com).
  • You Are Here: This site is geared toward children and provides them interactive online games that teach them about advertising, competition and steps they can take to protect their privacy and prevent identity theft.

Why Does Financial Literacy Matter?

So why does our country need a financial literacy month in the first place? In recent years, tests administered to high school students yielded almost no passing scores and, as we are still collectively learning, ignorance about financial matters (such as how mortgages work) on a grand scale can lead to devastating financial fallout for the entire economy.

In addition to those resources provided by the FTC, consider visiting these sites as part of your financial literacy month celebration:

  • Fair Debt Collection Practices Act: This page explains who is protected by the FDCPA and what the law prohibits from debt collectors. Understanding your consumer rights is one powerful way to make sure you aren’t victimized by scammers or dishonest debt collectors.
  • The Bankruptcy Glossary: Thinking of filing for bankruptcy protection? You may want to start here as you consider what bankruptcy might mean for you. This page offers plain-English definitions for many terms commonly used in bankruptcy cases.
  • Consumer Financial Protection Bureau: The government’s new consumer protection body is still growing, but already offers a number of interactive options for people interested in staying up-to-date about consumer protection rules, laws and debates.

Remember: the only one responsible for your money, retirement fund, loan payments and other financial obligations is you. If you aren’t sure how your money is working (or not working) for you, it’s a good idea to take the time to educate yourself about basic financial literacy matters – the resources are out there and they’re free.

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Monday, March 21st, 2011

Protect Your Money: Avoid Charity Scams

The recent earthquake and tsunami in Japan have left many people in the United States eager to offer financial aid to the country and its citizens. But, as the Federal Trade Commission warns, it’s easy to get duped by unscrupulous scammers posing as charitable organizations.

Here’s a look at some of the FTC’s tips for making sure your money actually goes to people in need.

What to Look for in a Charity

According to the FTC, it’s important to take these steps before donating to any charity online, in person, over the phone or via postal mail:

  • Ask for the name of the charity, particularly if the solicitor does not immediately provide it. Check online to see whether the charity has a legitimate web site, Better Business Bureau accreditation and/or any consumer complaints posted on discussion forums.
  • Ask what percentage of your money will go towards charitable causes. If the solicitor cannot answer the question or is cagey, this is a warning sign. You have a right to know where your money is going, and if you think too little is slated for the actual cause, simply refuse a donation and find another charity with better donation policies (web sites like the BBB’s Wise Giving page and Charity Navigator can offer you alternatives).
  • Check with the charity that the solicitor is legitimate. In some cases, scam artists might pose as charity workers with a legitimate organization. If you’re uncomfortable giving money or a check to a person you don’t know, call the charity to verify any information you’ve been given. You can also choose to donate directly to the charity online or through the mail.
  • Don’t part with your sensitive information. Nobody should pressure you into revealing your credit card or bank account information. Wait until you’ve made a decision in your own time and only provide such information on secure web sites. This can help you avoid raising your risk of identity theft.
  • Ask for a receipt. Any time you make a donation to a legitimate charity, you should get a receipt indicating that the donation is tax-deductible.
  • Be wary of pushiness. Any person or group that urges you to donate immediately should be viewed with suspicion. Legitimate organizations will still be around tomorrow, after you’ve had time to consider your finances and determine how much money you can afford to donate.
  • Don’t use cash. For a number of reasons, cash donations tend to be the riskiest in the case of charity groups. Instead, write a check to the charitable organization (not to the person collecting donations).

Remember: nobody should use guilt or threats to convince you to donate money. If you don’t like the way a solicitor is making you feel, simply cut off communication with that person and (if necessary) file a complaint with the FTC. You can then donate as much or as little money as you choose to the charity of your choice.

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