Archive for the ‘The Truth about Bankruptcy’ Category

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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Friday, March 20th, 2009

Chapter 7 Bankruptcy: The Process

After you’ve met with your bankruptcy lawyer and decided to file for Chapter 7 bankruptcy, here’s what you can expect from before you file until you after you receive your discharge.

The credit counseling briefing: Before filing your petition with the bankruptcy court, you must complete this briefing, which acts as a filter: anyone who could benefit from credit counseling, debt negotiation or another bankruptcy alternative is discouraged from filing bankruptcy.

The automatic stay: Once your lawyer has filed your certificate from the briefing with your petition for bankruptcy, the automatic stay takes effect. It protects you from all collection action and lasts for the duration of your case.

The next six months: Your bankruptcy case will likely last about six months, during which time, you can expect the following:

  • Meeting of the creditors: You’ll testify in front of all the people to whom you owe money that the information in your petition is complete and accurate.
  • Liquidation sale: If your bankruptcy trustee determines that you have any non-exempt assets, he or she can sell them to raise money to pay your creditors. In many Chapter 7 cases, filers do not have any non-exempt assets.
  • Reaffirmation of debts: If you have any non-exempt assets you’d like to keep, you’ll have a chance to reaffirm (renew) your debt with the lender – basically, you’ll agree to keep making payments so you can keep whatever property you don’t want to give up.

The financial management course: Before you’re eligible for your Chapter 7 discharge, you must complete a financial management (also known as “debtor education”) course. The course is designed to help you make the most of your fresh financial start and includes tips on saving, managing money and handling credit.

The bankruptcy discharge: The court will determine which of your debts can be forgiven, and will relieve you of your responsibility to pay those debts. After you receive your discharge, you’re technically out of bankruptcy.

The Next Eight Years

You cannot file for Chapter 7 bankruptcy again for the next eight years.

Bankruptcy’s fresh start is intended to be a long-term solution, not an occasional boost. Take the lessons of the financial management course to heart – and good luck!

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Thursday, March 12th, 2009

The Wrong Voices are ALWAYS Heard

Remember in elementary school choir how there was always that one kid who couldn't carry a tune, but who belted out every song and made sure everyone heard him?  Unfortunately, the same thing is happening in the political process today--lobbyists don't have the best interests of the country (and certainly not of the average person) at heart, but they're singing out loud and clear and everyone is hearing them.

The banking and consumer credit industries spent a decade and a hundreds of millions of dollars to pass the Bankruptcy Abuse Prevention and Consumer Protection Act in 2005...an act which has been almost universally assessed to cause far more trouble than it's worth without effectively achieving any of its intended purposes.  Today, that same lobby is at work again, trying to prevent Congress from correcting a strange inconsistency in the U.S. Bankruptcy Code--one that will impact millions of people who have never even considered filing bankruptcy.

That's right.  It doesn't matter whether or not you ever plan to file for bankruptcy--if you own a home, or rent a home, or live in a neighborhood where there have been a lot of foreclosures, or hope to buy a home, S. 61 will affect you.

If, that is, it ever sees the light of day.

The bill, whose companion bill passed the House of Representatives last week, would allow bankruptcy judges to modify mortgages in bankruptcy court.  The banking industry wants you to think that's radical, but in fact right now virtually any secured debt (car loan, vacation home, commercial real estate, etc.) can be modified in bankruptcy court EXCEPT for the loan secured by the debtor's home.

With an estimated 8 million + foreclosures in the pipeline over the next few years, this provision could slow or even stop the slide in the housing market, make it possible for homeowners to stay in their homes, and stabilize housing costs.  Even homeowners who DO NOT FILE BANKRUPTCY will see those benefits, as mortgage holders will have a new incentive to renegotiate rather than institution foreclosure proceedings.

Right now, the banking industry, mortgage holders...the very people who created this mess over the past decade...are singing loudly--they're being heard.  They have the loudest voices, but there are far more of us than there are of them, and hundreds of thousands of soft voices can add up to a roar.

Please take a moment to let your Senator know that you support the mortgage modification bill, S. 61.

You can find contact information for your Senator here:  http://www.senate.gov/general/contact_information/senators_cfm.cfm

It only takes about a minute to make this phone call or to send an email, but it could make a lasting difference to someone you know!

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Wednesday, March 4th, 2009

Speak Out to Save Homes from Foreclosure

A foreclosure occurs every 13 seconds, according to the Center for Responsible Lending.

It’s time to stop the madness.

The Helping Families Save their Homes in Bankruptcy Act, H.R. 1106, aims to do just that.

The bill would allow bankruptcy judges to modify the terms of mortgages, which could potentially help millions of people save their homes and repay their past-due debts.

What You Can Do to Help Save Homes from Foreclosure

It’s time to take part in the democratic process. Tell your elected official you support passage of H.R. 1106.

It’s simple. Take 20 seconds to fill out a form that will e-mail a prewritten message (that you may edit) to your official or call a toll-free number to tell your representative’s office directly.

E-mail: Fill out the 20-second basic form and click “Send E-mail.” www.nacba.org/TellCongress

Call: Phone 877-354-4958 (9 a.m.-6 p.m. EST only). You’ll be told specific suggestions for the substance of your phone conversation and then you’ll be asked to enter your ZIP code to be connected to your representative.

Spread the Word!

Pass this on to friends, family and colleagues. It’s important that our voices are heard when it comes to filing for bankruptcy.

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If you’re thinking about filing bankruptcy as a way of relieving your debt, it’s important to know what bankruptcy cannot do for you.

Many types of debt are not dischargeable in bankruptcy – that is, you’ll likely still be responsible for paying these debts even if you seek bankruptcy protection. Non-dischargeable debts include the following.

  • Student loans: Unless you can show that paying an educational loan (government-issued or otherwise) would cause you undue hardship, you’re probably going to have to pay it. Ask a bankruptcy lawyer about how to prove undue hardship.
  • Taxes: Most tax debt is not dischargeable in bankruptcy. The exceptions have to do with the age of the debt, the timeliness of your tax filing and the correctness of your return. Because this one involves a solid understanding of the law, a good bet is to consult with a bankruptcy lawyer.
  • Marital debts: Any money you owe as part of a divorce or separation agreement typically cannot be discharged by bankruptcy. Again, an attorney may help you figure this one out.
  • Alimony and child support: If you owe support or maintenance money for children or a former spouse, you typically must pay it. DSOs, or Domestic Support Obligations, will usually not be discharged in bankruptcy.
  • Citations and fines: Generally, any fines you’ve gotten for breaking laws or violating civil codes are your responsibility.
  • Recent cash advances: “Last-minute” purchases of luxury goods from a single creditor are generally non-dischargeable in bankruptcy, especially if they:
    • total more than $500
    • were made within 90 days of the bankruptcy filing

Similarly, cash advances (including payday loans) of more than $750 taken out within 70 days of a filing are non-dischargeable.

  • Intentional torts: Fines charged because of willful and intentional acts cannot be excused in bankruptcy. This is a legal-heavy issue, so make sure you have your bankruptcy lawyer explain it to you if you need clarification.
  • Fraud: Debt you incurred from an illegal activity cannot typically be discharged by the bankruptcy court.

Questions? Talk to a sponsoring bankruptcy attorney today--for free and with no obligation.

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