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Monday, November 1st, 2010

What New Debt Settlement Rules Mean for You

The Federal Trade Commission issued new rules governing how debt settlement firms can charge consumers for their services. The new rules prohibit debt settlement firms from charging upfront fees for their services, which in theory will prevent some of the predatory practices that cost consumers so much money in the past.

Here’s a summary of some of the potential side effects these new rules might have on the debt settlement process.

Fewer Ads, More Honest Claims

  • A drop-off in ads claiming to settle debts for little money: A ban on hefty upfront fees will mean that simply bringing customers through the door will no longer guarantee income for debt settlement firms, which in turn will mean that dropping money on TV and radio commercials may no longer be worthwhile financially.
  • More selective consumer selection: Now that debt settlement firms cannot charge every customer large fees, they’ll have to more carefully choose which customers they agree to help. This will likely be good news, regardless of your goals. If you’re a good candidate for debt settlement, visiting a debt settlement firm may have a greater chance of helping you than in the past. And if you’re not a good candidate, the debt settlers may be less likely to waste your time and money with their services.
  • Claims made based on all customers: Before the FTC’s rules took effect, debt settlement firms commonly made claims based only on the settlement experiences of their most successful customers. Now, though, companies must advertise using figures that represent all their customers’ experiences, meaning that the figures should more honestly represent what the company may be able to do for you.
  • Some closures of debt settlement firms: Some debt settlement firms may no longer have a workable business model without upfront fees from customers, which could mean closures in debt settlement firms.
  • “Innovative” trickery: And, finally, as with any implementation of new rules, some debt settlers may try to find ways around the new requirements. As always, you are still responsible for making sure your money and financial health is in good hands.

Debt Settlement without a Firm

If you’re struggling with debt and are trying to figure out which debt-relief option might work best for you (bankruptcy, debt settlement, credit counseling, etc.), remember that you can contact your creditors without any help from a third party. By exploring all of these options, you may find the debt-relief option that works best for you.

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Wednesday, October 27th, 2010

Take Advantage of Free ID Theft Protection & Education Materials

The Federal Trade Commission has announced that, in honor of National Protect Your Identity Week, it will provide consumers with a wealth of free information and materials about how to fight, avoid and protect themselves against identity theft.

Where to Learn about Identity Theft Prevention

Though federal laws exist to protect the finances of people who are victimized by identity theft, it’s still fairly common for bankruptcy filers to indicate that identity theft contributed to the financial distress that led them to file for bankruptcy. Here’s a look at what the FTC has to offer:

  • Basic information: This “one-stop national resource” provides consumers with information about what identity theft is, how to recognize it, how to prevent it and what to do if they’ve been victimized by identity theft. Additionally, the site has information for businesses and law enforcement groups to help prevent and fight identity theft cases from happening.
  • Informative videos: The FTC has posted some educational videos for consumers interested in learning how to reduce their online risk of identity theft and how to protect their digital lives from exposure to identity threats.
  • Online application of skills: At their game portal, the FTC offers consumers a chance to test their knowledge about the risk factors of identity thefts, basic precautions to take to avoid being victimized by identity thieves and apply identity theft prevention skills by playing online games. This site might prove especially helpful for younger computer users who might be resistant to more traditional information sources.
  • Reminder of your rights: Finally, the FTC has posted a reminder about every American consumer’s right to obtain and view copies of his or her credit report and why staying abreast of what appears in your credit is important to financial health.

Legal Help for Identity Theft Woes

To top off its bevy of useful information about fighting and preventing identity theft, the FTC has also announced that it will offer legal guidelines for identity theft victims. This web page is designed to help victims and their advocates (whether lawyers, credit counselors or other activists) determine how to proceed to maximize the benefit of fighting identity thieves.

As many people who have unfortunately felt the sting of identity theft already know, the crime can lead to hours of headaches as consumers try to sort out their financial situation and reclaim their private information. Generally, there are a few practices can help you avoid identity theft:

  • Shred all sensitive documents before disposing of them;
  • Don’t click on unfamiliar links online and definitely don’t enter your personal information unless you’re sure what web site you’re on;
  • Don’t share your passwords with anyone;
  • Check your free credit report every year for suspicious activity; and
  • Make sure your email has a good spam filter. Be wary of emails from unknown sources.
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Wednesday, October 13th, 2010

FTC Halts Tax Relief Fraudsters

The Federal Trade Commission filed a complaint last week with a federal judge to halt what was reportedly an organization devoted to tricking people out of money by promising to help with tax debts.

Tax Debt, Debt Relief Scams and You

Like so many other debt relief scams, this one is particularly difficult to stomach because it preyed on consumers who could least afford to lose the money they allegedly paid to the fraudsters. According to the FTC, here's how the scam worked:

  • False promises of debt help: In TV, radio and Internet ads, the company (called American Tax Relief LLC) reportedly claimed that it could settle consumers' back tax debt for only a portion of the total amount. The company also apparently referred to part of the IRS's tax code that allows, in very limited circumstances, an "offer in compromise" for citizens truly unable to pay the taxes they owe.
  • Fake "tax consultants": When victims called the company's toll-free line, they were reportedly connected with fraudsters posing as tax analysts and told, in almost every case, that they could qualify for one of the IRS's "special programs."
  • Hefty upfront fees: Before offering customers the help they promised, sources note that the company charged large upfront fees (ranging from $3,200 to $25,000).
  • No real help: Because the company was offering a service it could not realistically provide to so many people, it never actually gave customers any significant benefit for their payments.

Tax Debt Is Non-Dischargeable in Bankruptcy

Like child support, federally funded student loans and criminal fines, tax debts are typically non-dischargeable in bankruptcy court and are otherwise very difficult to eliminate in any way besides paying them. If you're struggling to make payments on back taxes, you may have some options:

  • Installment payment plans: These plans, which individual taxpayers can arrange with the IRS, work much like any installment loan. They let those who are struggling financially catch up on their tax debt by making smaller payments over a period of time. While this may translate to paying more in total (because of interest rates and penalty charges), it's often a workable alternative for those who cannot afford a single lump payment.
  • Offer in compromise: These agreements are much rarer because they involve the IRS settling a debt with a taxpayer for less than the total amount the taxpayer owes. Generally speaking, only those in extreme financial circumstances will qualify for offers in compromise.

Lavish Living: Insult to Injury

Perhaps the most galling part of the fraud case halted at the FTC's request is that the alleged fraudsters were reportedly living lavish lifestyles: driving expensive cars, residing in pricey homes, and paying for it all with ill-gotten funds from people struggling to stay afloat financially.

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Tuesday, October 5th, 2010

When It’s Time to File for Bankruptcy: How to Know

Bankruptcy protection is often cited as a crucial part of the fabric of American capitalism – with the safety net of bankruptcy available, entrepreneurs and risk-takers can proceed without worrying that following their dreams will have devastating financial consequences.

Recognizing the important role bankruptcy plays in our economy, two bankruptcy analysts have developed a color-coded system to help consumers gauge their level of financial health and help them figure out whether they should be seriously considering a bankruptcy filing to protect their financial future.

Financial Warning Signs that You Might Need Bankruptcy

The various colors in this code, much like those in the code used by the feds to communicate the current level of threat of a terrorist attack, work like this:

  • Green zone (no need to file bankruptcy): If you're in this category, you have no real need for bankruptcy protection. You probably make more than you spend, pay your bills on time, have assets and insurance, have no credit card debt and save money regularly.
  • Blue zone (financial changes might be needed): Here, you don't quite need bankruptcy protection, but your financial habits, if continued, may lead you to a place where you will. People in this zone may be worried about losing their job, have trouble paying bills in full each month, have credit card debt and secured debt, and may not by able to save money regularly.
  • Yellow zone (bankruptcy is an option): At this level, you need to evaluate your situation and consider your debt-relief options, bankruptcy being chief among them. People in the yellow zone are often experiencing some financially difficult life change (like divorce, injury or layoff), have begun to miss payments on both unsecured and secured debts, have few or no assets, are getting calls from debt collectors and may not have insurance. If you're in the yellow zone, you need to take some sort of action, whether that's negotiating with your creditors or consulting with a bankruptcy lawyer.
  • Orange zone (bankruptcy should be seriously considered): Here, your debt is getting out of control. People in the orange zone tend to be delinquent (more than 60 days late) on at least one bill, use one credit card to pay off another, owe serious tax or medical debts but cannot afford them, have been out of work more than three months and may have had creditors initiate lawsuits against them. While there are still alternatives to bankruptcy available at this stage, it's generally a good idea to consult with a lawyer to see what the best option for your finances and legal status is.
  • Red zone (file for bankruptcy right away): At this stage, you're no longer in a position to negotiate and need the protection of the court to prevent having your assets repossessed, your wages garnished, your home foreclosed or similar actions taken. Many people in this phase are unemployed and may have run out of unemployment benefits. Under these circumstances, filing for bankruptcy is often helpful because it may halt all collection action.
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Wednesday, September 29th, 2010

FTC Supports Data Security Legislation

Even though federal law protects victims of information crimes, every year some people who file for bankruptcy cite identity theft or another information crime as one of the reasons for their financial distress. And, in an age of increasing online transactions, we’re more exposed than ever to data breaches that could lead to serious privacy risks.

That’s why it’s good news to hear that the FTC recently testified to Congress in favor of data security legislation.

Your Personal Data & Finances

You probably already know that your Social Security Number, your credit card numbers, your bank account numbers and similar information are valuable and should be guarded carefully. But, it seems, some businesses that collect and store our personal information don’t always take the same precautions we might ourselves.

The FTC testimony specifically suggests the passage of laws that require the following:

  • Businesses that make claims or promises about data security must know that these claims are accurate and up to date.
  • Businesses should take steps to guard against well-known technology threats to data security.
  • Businesses must know the recipients, if any, of sensitive consumer information.
  • Once they no longer need sensitive information, businesses must not continue to store it.
  • When disposing of sensitive information, businesses must do so properly and completely.

If it surprises you that these laws aren’t already in place, take note. This should serve as a wake-up call to remind you to keep careful track of your personal information at all times.

Protecting Your Information and Money

So how can you reduce the threat of identity theft and thus lower your chances of becoming a victim? Here are some pointers from the FTC:

  • Shred sensitive documents when you’re finished with them. This includes medical documents, financial papers, and anything else that has identifying information about you or your family.
  • Protect your Social Security Number. Keep your Social Security card in a safe spot (not your wallet) and don’t give this number out unless you’re obligated to by law. If you’re asked for your SSN, question why the company needs it, how it will be used and whether you can give an alternate form of identification.
  • Keep your personal information safe. Don’t communicate any sensitive info over the phone, through email or over the Internet unless you’re certain who’s on the other end.
  • Be suspicious of strange emails. If you get an email from an unknown source with a link or an attachment, avoid clicking on them – they could be viruses.
  • Keep your passwords obscure. Using important dates or family names can make it easy for identity thieves to access your accounts.
  • Keep your personal information secure. At home, take special precautions if you have roommates or non-family workers coming and going.

If you’re concerned that you may have been the victim of identity theft, speak with a lawyer today to learn about your rights.

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Tuesday, September 28th, 2010

New Debt Relief Rule Means More Truth in Advertising

If you’re struggling with debt and looking for a way to improve your finances, there’s good news on the horizon: beginning Monday, September 27, new rules issued by the Federal Trade Commission prevent advertisers from deceiving potential customers about their ability to offer financial relief.

Here are some of the new protections the FTC’s latest consumer protection rule outlines.

More Honest Disclosures

While bankruptcy is a well-known debt relief option, many consumers try to avoid filing for bankruptcy by opting for debt settlement or credit counseling. While both options work well in many instances, in some cases, dishonest companies pitch too-good-to-be-true offers and consumers end up with more debt than they had before.

Now, advertisers will have to:

  • Announce proposed fees & refund policies No longer will companies be able to get away with advertising how low a price might be (“as little as…”). Now, advertisers will have to base their proposed fees on actual results they can realistically expect to get from a person’s creditors.
  • Estimate likely time frame: After consulting with a customer, debt-settlement companies must offer a good-faith estimate about the likely length of time the process will take, based on a debtor’s individual circumstances.
  • Estimate savings required to settle debts: As with the other new requirements, companies must make estimate how much money an individual customer must save before he has a realistic chance of settling debts based on that customer’s individual circumstances.
  • Disclose potential negative side effects: Rather than glossing over the downsides of debt settlement, companies are now required to review with customers the potential negative impact on their credit reports, the chance that creditors will bring lawsuits against them and any potential tax consequences.

More Honest Advertising

In addition to the above requirements, debt settlement firms are now required to advertise likely savings based on all their clients, not only the most successful ones. Theoretically, this should give potential customers a more realistic picture of how much debt settlement could actually help their finances.

Debt Settlement Vs. Bankruptcy

While there is no one-size-fits-all debt relief option, bankruptcy protection does have some obvious advantages over debt settlement and some other bankruptcy alternatives, which include:

  • Legal protection from creditors: Because bankruptcy functions as part of the federal government, those who file for bankruptcy are legally protected from creditor contact once they file their cases.
  • Federally and state regulated processes: While anyone can start a debt settlement firm, regardless of qualifications, bankruptcy attorneys and judges must meet very specific requirements, so you won’t have to question the background of the people you’re working with.
  • Federally regulated costs: The fees associated with filing for bankruptcy are set by federal laws, so you know you aren’t getting ripped off when you start a case (although fees that lawyers charge may vary). Debt settlement firms, on the other hand, can charge whatever they want – and some unscrupulous firms do, to the detriment of their clients.
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Tuesday, September 21st, 2010

Save Money on Your Car: Avoid these Scams

While owning a car is an indispensable part of many people’s lives (and often the main mode of transit to and from work), maintaining a car can put a real dent in the monthly budget. And, if you aren’t especially vehicle-savvy, you may run a further risk of being taken in by car-related scams.

A recent post from Bargaineering.com offers some insight on some of the worst and costliest car scams out there, which we all need to avoid, especially if we’re recovering from a bankruptcy filing. Here’s a summary.

Know What Your Car Needs…and Doesn’t Need

  • The engine shampoo: This service, which some unscrupulous mechanics have been known to offer, involves cleaning the outside of your engine. Admittedly, car engines get very dirty, what with all the work they do to keep your car moving. But, as those in the know realize, cleaning the engine doesn’t have a real impact on your car’s performance. What it does affect is your wallet – this scam can set you back a couple hundred dollars. A much better use for that money would be toward paying down debt.
  • The engine flush: This service does for the inside of the engine what the shampoo does for the outside. In some cases, this may be necessary (you’ll know you need a flush if you notice buildup under the oil cap). But, unless you’ve had your car for a while and have seen the oil cap buildup, opt out of the flushing service. If you have some money to spare, think about using it to start a savings (savings page) account.
  • Fuel injector cleaning: Again, unless your car has more than 100,000 miles on it, an offer to clean your fuel injectors is likely to be a waste of your money.
  • Gas saving gadgets: These have been blasted by Consumer Reports as money wasters. If you’re looking to spend less on gas, try driving within the speed limit, keeping the proper air pressure in your tires, braking gradually, losing extra weight in your vehicle and otherwise making sure your car is in good shape. If you’re really pinched for cash, try carpooling or switching to a bike a few times a week.

Car-Buying Scams

In addition to these maintenance scams, there have been reports of online scams targeting people interested in buying cars for a good price. One notorious scam claims to be selling repossessed cars for steep discounts. Know the warning signs:

  • A seller asks you to wire money.
  • A seller asks you to pay a significant portion of the price before you ever see the car.
  • The price seems too good to be true.

Cutting costs is essential to establishing financial health after a bankruptcy filing, but sometimes you need to pay more in order to get a reliable product.

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Sunday, September 5th, 2010

Bolster Your Finances: Prepare for Illness or Injury

While the exact numbers fluctuate from year to year, it’s common in the United States for bankruptcy filers to indicate that an unexpected injury or illness was a contributing factor to their decision to turn to bankruptcy protection to get a fresh start on their finances. So how can you prepare for such an event?

Think about Sickness When You’re Healthy

The first step to prevent an illness from becoming a financial disaster is to take a little time to think about what an illness would mean for you—right now, while you’re still healthy (hopefully).

  • Work time: If you have limited sick leave and/or vacation days, an extended leave of absence (or even one lasting longer than a few days) could mean taking time off without pay and/or risking job loss. To prevent such a calamity, figure out whether you could logistically work from home. If so, figure out specifically how it would work and set aside time to propose the plan to your boss. The proactive stance will not only let you know where you stand but show your commitment to your workplace.
  • Provisions: On a very basic level, serious sickness or injury may mean that you can’t get out of your home for a few days. If you live alone, that could mean you’d have to survive on the stuff in your shelves—so make sure you’re stocked with nutritious non-perishables so you don’t have to revert to expensive, non-nourishing delivery meals during your illness.
  • Caretakers: While some sicknesses pass quickly enough and let you get back to your life, others require outside help even after you feel relatively normal again (think broken arms or legs). If you don’t know any of your neighbors and aren’t friendly with anyone at the office, you may want to make the effort to get to know a few people. A friendly neighbor might offer to run to the grocery store or pharmacy for you, and a close coworker can help you as you ease back in to office life.
  • Money: This is the tricky part. The cost of medical bills, especially for major illnesses, can be daunting. But that’s all the more reason to start a savings account specifically for emergencies, if you haven’t already. Some financial analysts recommend socking away six months’ expenses, but if that sounds overwhelming, just focus on putting away some money from every paycheck. Eventually, small amounts will add up and you’ll benefit from the peace of mind that comes with knowing an illness won’t throw you into a nasty debt spiral.

Remember: you won’t feel like dealing with the details of sickness when you have the flu, so take a few healthy hours of your life to plan. If and when that pesky sickness shows up, you’ll be grateful you did.

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Friday, August 27th, 2010

Debt after Death: What Happens when a Debtor Dies (or the World Ends)

Update 05/20/2011

Debt has a habit of sticking around after death - but what about when the world ends? With more than $16,000,000,000,000 (that's trillion) in consumer debt in the U.S. - plus another $14T in public debt - there's a lot of zombie debt that will be crawling the land even after we're all gone.

Christian broadcaster Harold Camping is certain that the world will end Saturday, May 21, 2011 (that's tomorrow), based on "infallible, absolute proof" that the Judgment Day, and his followers around the country are quitting their day jobs and preparing for the Rapture.

Now, to be fair, Camping believes that the world will end only for "true Christians," who will be whisked away to Heaven while the rest of us of forced to endure the apocalypse, which could take several months - and explain why all those good people's credit card bills are no longer being paid when the debt collectors start calling (and you know those people aren't going anywhere).

So run up those credit cards and spend like there's no tomorrow! And when we're all still here Sunday and the bills start coming in, see if Camping will foot the bill.

Original post 08/27/2010
And now, the bankruptcy blog is going to touch on what happens to your debt after you die.

What happens to your debt after you die is not a topic that’s likely to come up on its own at the dinner table, but it’s a good idea to talk about this matter anyway. It’s important for you and your loved ones to know when you’re responsible for each other’s debts post-mortem—and when you’re not.

A recent post from WalletPop offers an outline of what to expect after the death of a family member who owed money. Here’s a summary.

  • Can debt be inherited? In most cases, debt does not automatically pass from one family member to the next, according to sources. That means that, if you receive a letter from a creditor demanding payment on a loved one’s debt after his demise, it’s a good idea to do some research before paying.
  • Debt in community property states: One of the exceptions to the above rule has to do with state law. If you live in a community property state (find out here), you can inherit debt from a dead spouse (but not from a sibling or parent).
  • The link between debt & inheritance: Another exception involves the relationship between a person’s debts and her legacy. If, for example, a parent dies and leaves you money or a house in addition to consumer debt, you’re legally obligated to pay the debt before collecting the inheritance.
  • What about debt from a co-signed loan? If you co-signed a loan for a family member or friend and that person passes away, you are responsible for paying the remainder of the loan.

How to Know if You’re Responsible for a Debt

One unfortunate truth about debt and death is that some creditors might try to collect on a debt whether or not it’s legal for them to do so. Worse, some scam artists may specifically target survivors in an attempt to trick them into paying money they don’t really owe.

If you’re mourning a loved one, the last thing you likely want to deal with is finances, but following these guidelines might help protect you from fraudsters:

  • Avoid sending a creditor any money at all until you’re sure that you are actually responsible for repaying a debt.
  • To determine your obligations, ask the creditor to send you written documentation of the debt’s original purpose, the terms of the debt and the exact amount currently owed.
  • If possible, consult a bankruptcy lawyer to help you work through the complexities of covering debt’s after a loved one’s demise.
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Wednesday, August 18th, 2010

Back to School Doesn’t Have to Break the Bank

Each year, retailers and shoppers alike anticipate back to school sales with the intense focus of a professional athlete. This focus is a result of the high stakes of the event, as reports show the average family of four spends almost $600 getting their children prepared for school.

Even worse, the weakened state of the American economy has heightened the anxiety with which consumers approach late summer shopping. Fortunately, there are ways ensure that you don’t have to break the bank while shopping for school necessities.

To help frustrated consumers, the Sacramento Bee recently provided some wise strategies to carefully budget your school shopping.

Take Your Time

Don’t feel pressured to buy every single item your child needs before the first day of school. There may be some supplies you can buy later at a reduced price, as stores look to unload their excess inventory. Ask your child’s teacher which supplies can be purchased at a later date.

In addition, you don’t need to buy all your child’s clothes before school starts. According to the article, many fall clothes go on sale in October as stores clear their shelves for the holiday rush. This also gives your kids a chance to make crucial fashion decisions at their own pace.

Coupon, Coupon, Coupon

It sounds simple, but coupons can help you shave substantially costs off your back to school shopping. Many Americans are now reducing their debt by actively seeking coupons to use when they shop for basic necessities.

Today, with the aid of the Internet, finding coupons has never been easier. Some helpful coupon websites include CurrentCodes.com, dealcoupon.com, Becentsable.com, and Retailmenot.com.

Check Your Supplies First

Before rushing headfirst into new purchases, check your closets and cabinets for supplies that may save you the cost and hassle of making new buys. If you have enough old binders and pencils for a small army, recycle those instead of buying new items that will add to the clutter.

This strategy also applies to clothes, but may be less helpful since children grow out of old garb so fast. Fortunately, no one outgrows pencils and pens.

Make a Budget

Set a detailed budget before heading to the mall, and stick to it. Also, don’t be afraid of sharing this budget with your children. By creating a set budget, and meeting its limits, you will be able to protect your wallet while giving your children an important lesson in the benefits of sound financial planning.

Plus, by turning your search for school supplies into an opportunity to improve your children’s financial literacy, you will be giving them a valuable education well before the first school bell rings.

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