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

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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As you begin to develop savings and investment strategies for your after filing bankruptcy, it’s important to remember to develop a strategy for amassing money for your retirement.

  1. Consider the changes. Before doing any math, try to figure out how your expenses will differ after retirement: you won’t have commuter or business wardrobe expenses, but you may travel more. Also, consider mortgage payments – will you own your home by the time you retire?
  2. Determine what you’ll need. Then, figure out how much money you’ll need per year to live once you’ve stopped working. Many experts suggest that 70% or more of your salary should cover your retirement needs.
  3. Figure out where it will come from. Many retirees receive pensions or Social Security benefits. Others find that working part-time enriches both their free time and their budgets. If you can expect to have income after retirement, you don’t need to save quite as much right now.
  4. Consider your employer’s offers. If you have a retirement account through your job, you should take advantage of it, especially if your employer matches any percentage of your contributions. This is a great way to save for retirement because it forces you to put the money away before you’re tempted to spend it.
  5. Crunch the numbers. Once you know what you’ll need to live comfortably and how much you can expect to make after retirement, you’ll need to determine how much to save from each paycheck.

Staying the Course

Retirement may seem like a distant dream right now, but you’ll have to start saving now to set yourself up. Even if a bankruptcy filing left your savings hurt, you can still take care of yourself in retirement.

Especially if you can only set aside a little money from each paycheck, you need to start saving as soon as possible to meet your goal.

If you have trouble disciplining yourself to hang onto money, be sure to ask your employer about automatic savings programs.

And try to get an account with compound interest so the money you put away can work for you.

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Monday, March 30th, 2009

Chapter 13 Bankruptcy: The Process

Curious about Chapter 13 bankruptcy? Talk to a bankruptcy lawyer about whether it could help you.

Chapter 13 has helped many resolve their debts and save their homes from foreclosure. Here’s a bit more on the process and what you may expect:

Credit counseling briefing: This is a pre-filing requirement for all filers, and it’s designed to make sure your financial situation demands the protection of bankruptcy (and not, say, debt negotiation). Once your lawyer files your certificate of completion with the court, your case can officially begin.

Automatic stay: As soon as your case is filed, the automatic stay takes effect and prevents your creditors from making any collection actions. This means that foreclosure, garnishment, lawsuits and repossession are all halted. As long as you adhere to the terms of your bankruptcy case, the stay should last for the duration of your case.

The next three to five years: One of the papers your lawyer will file with the court will be a repayment plan. This plan provides a repayment schedule that you’ll stick with to catch up on your past-due balances while staying current with other payments.

Your bankruptcy trustee: This is a federal employee who will be assigned to your case to oversee your paperwork and distribute your money to your creditors every month.

The first payment: You must make your first payment (as part of the repayment plan) within 30 days of filing your petition – otherwise, the court may decide to dismiss your case.

Meeting of the Creditors: Within six weeks of filing your petition, you’ll have to testify to the completeness and accuracy of all information in your petition. While all your creditors are invited, most probably will not attend.

Financial management course: Before you’re eligible for your bankruptcy discharge, you must complete a financial management (debtor education) course. The course is designed to help you learn strategies for handling money, working with credit and generally making your fresh financial start a success.

Five years after filing: You’re required to make your final payment within five years of filing your petition. After doing so, you’ll receive your bankruptcy discharge and officially be out of bankruptcy.

The Next Four Years: You are not eligible for Chapter 13 bankruptcy protection if you’ve filed for bankruptcy in the past four years, so make sure you fill your bankruptcy lawyer in on your financial past when discussing your case.

Learn more about filing bankruptcy.

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Monday, March 23rd, 2009

Warning Signs of Predatory Lending

Predatory lending can devastate consumers.

Predatory loans can come in the form of credit card agreements, mortgages, payday loans and even bank loans.

Although there’s no surefire way to make sure a loan you get is safe, but here are some warning signs that your lender is less than trustworthy.

Lack of Transparency: Any time the terms of your loan are unclear, beware. Some loans come with terms so lengthy and dense with legal jargon that the average borrower has no way of understanding them (think of your credit card agreement).

Hidden Interest: Loan-related costs with names like “fee” or “charge” are often just interest in disguise. These can take the form of “overdraft charges” from a bank, “fees” on a payday loan, or “service charges” on a credit card.

Hidden Add-ons: Some unscrupulous lenders will sneak extra services into a loan’s terms (e.g. home appraisal fees with a mortgage) without telling the borrower that such services may be available elsewhere for less money.

Outright Lies: Writing a borrower’s “stated income” and similar tricks amount only to lying on a loan form. The only way to be certain that information in your loan documents is accurate is to fill them out (or double-check them) yourself.

Redlining: Aiming loans at specific groups of people is illegal. Studies have found that subprime loans disproportionately affected women, racial minorities, less educated people and the elderly. Other groups may be targeted for other types of predatory lending.

Exorbitant Interest: Sometimes, lenders conceal how much interest they’re charging by revealing only short-term interest rates (as with credit card offers) or by disguising interest (see above). Payday loans, for example, can come with a yearly interest rate of more than 300 percent!

The Magic of Negotiation

One way to make sure you aren’t victimized by predatory loans is to know as much as you can about them – that way, you can walk away when warning signs pop up. But keep in mind, too, that part of understanding lending is understanding that almost everything is negotiable.

Asserting yourself by trying to get a lower interest rate or a discount of some kind can signal to lenders that you know what you’re doing and will not be taken in by predatory tactics. Just be sure to do some research first so you know a reasonable rate to request.

Learn more about filing bankruptcy and how it may lessen your financial stress.

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