Archive for the ‘Setting the Record Straight about Bankruptcy’ Category

Thursday, November 19th, 2009

Middle-Class the New Face of Bankruptcy

The middle class is increasingly resorting to bankruptcy despite college education, home ownership and other historical signs of success, according to a new study.

While the middle class's investments in higher education and real estate have typically shielded them from the hardest economic storms, that is no longer the case.

"The Vulnerable Middle Class: Bankruptcy and Class Status," a new study by Elizabeth Warren, Harvard Law School Leo Gottlieb professor of law, and Deborah Thorne, Ohio University associate professor of sociology illustrates how bankruptcy demographics have changed in recent decades.

An exclusive preview of Warren and Thorne's new book by USA Today shows how bad mortgages, rising unemployment, and the trappings of success led millions of Americans into debt.

Warren and Thorne compared annual bankruptcy filings from 1991 through 2007, and saw an increasing trend of middle class Americans, dispelling the myth that bankruptcy was a tool for the destitute or extreme spenders.

The article profiles several bankruptcy filers, including a single mother who went from earning $275,000 a year to filing bankruptcy after starting her own business, as well as a couple nearing retirement whose dropping home value left them without a safety net.

The study's authors admit that much of the data comes from recent "boom" years, and ends at the same point the recent recession began.

They expect that looking back at the past two years—and likely into the future—will show an even greater upswing in middle class Americans turning to bankruptcy protection.

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Tuesday, September 29th, 2009

5 Reasons to File Chapter 13

This guest blog entry was written by David Chang of Chang & Carlin, LLP. Chang & Carlin offer bankruptcy and real estate legal services for Chicago and its suburbs. Read David Chang's blog at http://changandcarlin.blogspot.com/

Many debtors view Chapter 7 bankruptcy as the "better" type of bankruptcy to file, and that Chapter 13 is forced upon them by the courts. However, filing bankruptcy under Chapter 13 has many benefits.

Here are 5 major reasons why people may choose file for Chapter 13 bankruptcy:

  1. Chapter 13 has protections designed to stop a foreclosure or repossession.
  2. Chapter 13 bankruptcy can protect an asset that would otherwise not be protected in Chapter 7, and would be sold to pay creditors.
  3. The debtor makes too much money to file for Chapter 7, and would not be able to file otherwise.
  4. The debtor has recently had debts discharged in a Chapter 7 case and is not eligible to file again.
  5. Chapter 13 can consolidate debts that would not be dischargeable in a typical Chapter 7 bankruptcy case.
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When a dear family member dies, the last thing you want to think about is money – unfortunately, financial problems arise sometimes.

Besides funeral and burial costs, you may be forced to deal with the unpleasant question of financial obligations your loved one left unpaid.

Here’s what you need to know.

Protection from the Fair Trade Commission

The law that protects you from a family member’s debts is called the Fair Debt Collection Practices Act and is enforced by the FTC, a government consumer protection agency. Basically, the law outlines the following terms.

  • Who’s responsible for debts after death? In most cases, payment of any debts comes from the deceased’s estate. If money from the estate is insufficient to cover debts, they usually remain unpaid.
  • Is there a legal obligation to pay remaining debts? Most relatives are not legally required to pay debts. You may be obligated to cover debts left by a spouse; however, responsibility is often limited by state law. A bankruptcy lawyer in your state may help you learn more about state law and debt.
  • What should I do if debt collectors try to make me pay? First of all, don’t give out any of your personal information (SSN, bank account numbers, etc.). Some con artists stalk the obituaries and pose as debt collectors as a way to steal identities and money. Instead, direct the collector to the deceased’s representative (an executor of a will or an administrator).
  • Can I ignore debt collectors who contact me about debts? Technically, you can. But if you’re representing the deceased or otherwise responsible for his debts, you may want to negotiate with the collector to see if you can work out an arrangement.
  • How can I stop a creditor from contacting me? Write a letter to the collector asking her to stop attempting to collect the debt. Copy the letter and send it by certified mail so you’ll get a receipt when it arrives. After the creditor has received your letter, she can only contact you for two reasons: to announce a specific action (like a lawsuit) or to announce the end of collection attempts.
  • Can creditors tell others about a relative’s debt? Unless the creditor needs contact information for the representative of the deceased, he is generally prohibited from telling anyone besides a spouse, parent or guardian.

Learn more about filing bankruptcy and stoping creditor harassment.

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DrSteveB over on Daily Kos has a sobering look at that dramatic ways in which uncontrollable medical bills can change a life.

DrSteve gives us the tale of a man in Texas who was living his dream - married, owned his own company, had health insurance - until a car accident radically altered his life and left him homeless.

The medical bills quickly blew past what his insurance would cover.  The owner and driver of the other truck did not have insurance, like 10-20% of vehicle owners despite the mandate to buy auto insurance, so Mr. Benson and his insurance company were unable to go after that source.

I've been doing some research on medical bankruptcy lately, and this story was heartbreaking. Sadly, it shares much in common with many of the people who run into serious financial problems following an illness or injury.

Medical bills can quickly become overwhelming, even for the insured. If you need serious health care, the financial fallout is often more than just another bill.

Many people lose significant work time because of illness or injury. The new bills and loss of income may put strains on their mortgage or lead to an increased reliance on credit cards, which can also get out of hand quickly.

Fortunately, DrSteve's story has a happy ending:

Eventually, he wound up in a shelter, and eventually he was able to put his professional chef skills to work in the "soup kitchen."  From that he has worked his way back to sobriety, fulltime employment and housing.

If you're facing severe medical debt, don't wait to take action. If you need to get your debt under control, know that help is available.

Learn about the filing bankruptcy choice.

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Thursday, June 18th, 2009

CBS Takes on Filing Bankruptcy Myths

CBS 2 in New York City recently took a look at bankruptcy, and addressed some of the myths surrounding filing bankruptcy.

With personal bankruptcy filings on the rise, it's a timely topic. But, it could be a life-changing report if you are struggling with debt, but have hesitations about filing.

Among the myths CBS 2 takes on:

  • Bankruptcy ruins your credit score
  • You should be dead broke before filing
  • You will lose your home

As CBS reports, filing bankruptcy may improve your credit score and help you keep your home before you hit bottom.

Get the full report on bankruptcy myths.

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Perhaps the most difficult aspect of trying to get control of your debt can be the stress and fear.

Many people - even people who come into debt through no fault of their own, through unexpected illness, injury, job loss or even tricky credit cards - feel shame at their debt.

They may try to hide their debt from friends and family, while at the same time trying to make a little income go a long way.

To anyone struggling with debt, know this: You are not alone.

Forbes has a report out that shows in the first three months of 2009 more than 330,000 people filed for bankruptcy. At this rate, more than 1 million people will file by the end of the year.

Filing Bankruptcy Becoming More Common

This doesn't count everyone facing economic hardship, but it does show that there are other people out there going through the same struggles and decisions as you are.

So know that filing bankruptcy doesn't make you a bad person. It doesn't mean you've failed. It only means that you, like so many others, are willing to take action against your debt.

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Monday, June 8th, 2009

Lucky to Have the Bankruptcy Option?

When times get tough, it’s easy to bemoan your difficult circumstances, but sometimes it’s more helpful to remember that things could be a lot worse.

I’m not being cynical here, I just think it’s worthwhile to consider how lucky we American debtors are to have the option of filing bankruptcy to eliminate our debts. Let me explain.

  • Indentured Servitude & Debt Labor: Once upon a time, incurring more debt than you could afford meant big trouble. In ancient Greece, for example, those who owed more money than they could repay were forced to work off their debts. In many cases, a debtor’s spouse, children and servants were also forced into “debt slavery” until their labor had cancelled out what they owed.
  • Debtors’ Prisons: In slightly more recent times - think mid-19th century Europe - those who couldn’t make good on their debts were often tossed into prisons. While they were incarcerated, their families were expected to repay their debts. The obvious flaw here is that it’s very difficult to make any money when you’re kept behind bars all day.
  • Debtors’ Colonies: In some cases, debtors were offered the option of debt labor and being sent to the “New World," aka the USA. The founders of the state of Georgia even envisioned that colony as a place to send debtors so they could work off their obligations.

Bankruptcy to Help American Businesses

When the United States was founded, its bankruptcy laws were among the first to be written.

We’ve been a land of entrepreneurs and innovators in part because of the freedom bankruptcy offers – it’s much less risky to start a new business when you know the government has your back financially.

And, while we may grumble about footing the bill when mega companies like GM file for bankruptcy, that’s arguably the price we pay for having a system that protects business owners and regular citizens alike.

Stay Close to Your Family & Friends When Filing Bankruptcy

Today, we may take for granted that, should we file for bankruptcy, we’ll have the support of our loved ones. Imagine having to relocate to a distant country where you knew no one or being thrown into jail because you couldn’t afford the balance on your credit cards.

Filing for bankruptcy may not be exactly “fun,” but it sure beats some debt-eliminating alternatives.

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Thursday, June 4th, 2009

Medical Bills and Bankruptcy

The LA Times reports today on a Harvard study that shows medical bills played a role in 62 percent of all bankruptcies filed in 2007, a seven percent increase compared with 2001.

What's more, many of the people filing bankruptcy due to overwhelming medical bills had health insurance. From the LAT:

Medical insurance isn't much help, either. About 78% of bankruptcy filers burdened by healthcare expenses were insured, according to the survey, to be published in the August issue of the American Journal of Medicine.

"Health insurance is not a guarantee that illness won't bankrupt you," said Steffie Woolhandler, one of the authors, a practicing physician and an associate medical professor at Harvard.

It's not just high medical bills that contribute to bankruptcy, but also the lost wages and work time that an injury or illness can cause.

There is sometimes a stigma assocaited with filing bankruptcy, the idea that bankruptcy filers are irresponsible with their money. But this study shows:

Most people who filed medical-related bankruptcies "were solidly middle class before financial disaster hit," the study says. Two-thirds were homeowners, and most had gone to college.

Even if you plan for the unexpected, a sudden injury or illness can hit hard. Lost work time can cause your income to dry up, while extremely high medical bills turn a small, manageable amount of debt into an out-of-control giant.

Filing Bankruptcy and Medical Bills

For bankruptcy purposes, medical bills are considered unsecured debt.

This type of debt may be entirely discharged in a Chapter 7 bankruptcy filing.

In a Chapter 13 filing, your medical bills could be ordered and combined with other debts, and possibly reduced, in a bankruptcy trust.

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This morning on the CBS Early Show Vera Gibbons and Harry Smith discussed the dangers of debt settlement companies.

If you're struggling with debt, you may have looked into or even been contacted by one of these companies. CBS concludes what we know about these companies: They don't offer real debt relief.

In fact, these companies rarely provide real debt solutions. And, as CBS reports, with $1 trillion in revolving debt in the United States right now, many people need real debt relief.

So we want you to watch this report, and remind you that the actions and relief that come out of bankruptcy are protected by the U.S. law.

While credit settlement companies aren't regulated, bankruptcy is overseen by courts, judges, lawyer and legislators. This means that when you file bankruptcy, you receive protection that private companies can't offer. In fact, you may be able to file charges against a creditor if they try to collect debts that were resolved by bankruptcy.

But before you make a decision on bankruptcy or any other debt relief option, be sure to get information and answers to all of your questions.


Watch CBS Videos Online

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Sometimes, one traumatic life event causes another – as when a serious illness, injury or divorce pushes you to file for bankruptcy.

Bankruptcy after divorce can be tricky to understand, largely because both involve complex legal systems. Here are the basics of what happens in a bankruptcy after a divorce:

No Joint Filing Bankruptcy Petitions after Divorce

Once you and your spouse are legally divorced, you no longer have the option of filing a joint bankruptcy petition. But, depending on which chapter of bankruptcy you choose, one spouse’s filing could still affect the other.

Filing Divorce: The Division of Debts and Assets

As you probably know, divorces usually involve a division of marital property and debts between the divorcing parties. Depending on the laws in your state, you and your spouse will take responsibility for various debts and possession of various belongings.

The Chapter 7 Debt Discharge

The bankruptcy court does not always recognize the designations of the divorce court, though.

If one spouse files for Chapter 7 bankruptcy and receives a discharge for a debt that was jointly held during the marriage, creditors may have legal recourse to collect that debt from the other spouse.

The Chapter 13 Repayment Plan

The Chapter 13 repayment plan often allows bankruptcy filers to protect cosigners (and co-debtors) who have not filed a bankruptcy petition. Because many debts are eventually repaid in Chapter 13 bankruptcy, the likelihood that the other spouse would have to take on responsibility for a debt is typically lower in Chapter 13.

But Keep in Mind...

Although bankruptcy offers financial relief for many types of debt, some debt cannot be discharged by the bankruptcy court, such as:

• Alimony/spousal maintenance
• Child support
• Most student loans
• Most tax debt
• DUI & other criminal penalties and fines

If you’re worried about being able to afford child support and/or alimony payments (for example, because of a recent reduction in your income), you may be better off consulting with your divorce attorney about modifying the terms of your divorce than filing for bankruptcy.

However, bankruptcy can offer you relief by excusing you from other, less essential debts and thus freeing up more of your money to put toward the maintenance of your children and former spouse.

As always, consider seeking legal counsel before proceeding with bankruptcy, either before or after a divorce case.

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