Archive for the ‘Miscellaneous News’ Category

Wednesday, February 1st, 2012

Bankruptcy Class Action Settlement Update

In 2009, a class action lawsuit brought in California challenged credit-reporting bureaus TransUnion, Equifax, and Experian with improperly reporting debts that had been discharged in bankruptcy. The defendants (that is, the credit-reporting bureaus) eventually came to a settlement with the plaintiffs (the people responsible for bringing the suit), to the tune of $45 million.

The court approved the settlement by issuing an Order Granting Final Approval, but on August 12, 2011, the defendants filed a brief challenging that order, in regards to attorney fees and costs of the case. The result of this appeal won’t be known until at least later this year: the deadline for Appellants to file relevant briefs with the court is January 23, 2012, and Appellees have until February 24, 2012.

Will You Get Settlement Money?

The lawsuit was brought because Equifax, Experian, and TransUnion improperly reported debts that had been discharged in bankruptcy on consumers’ credit reports. Rather than noting that these debts were “discharged through bankruptcy,” the credit bureaus noted that they were “120 days late” or that they had been charged off by the credit issuer.

Incorrectly reporting the status of a debt is illegal (which is why the lawsuit was filed), but it also caused a lot of grief for the people affected. When a debt is still reported as active, debt collectors may try to collect on that debt.

The result was that people who had filed for bankruptcy and gone through the entire bankruptcy process precisely to eliminate their debts and stop getting hassled by debt collectors were having to deal with debt collectors anyway (along with the stress of trying to sort out why their credit reports were incorrect).

You are eligible to collect some of the settlement if…

  • You are a member of the “class” represented by this class action case. To be a part of the class, you must have received a Chapter 7 bankruptcy discharge AND had a credit report issued by one of the defendants (i.e. the three credit reporting bureaus) between March 15, 2002 and May 11, 2009 with incorrectly reported discharged debts.
  • You must have submitted a claim form with relevant information no later than November 30, 2009.

If you missed the deadline, however, don’t worry too much. Even though the settlement amount seems large, it will be spread out over so many individuals that it likely won’t result to more than a few dollars per person.

If, however, you’re interested in exploring other legal options regarding errors on your credit report, you may want to consult with a lawyer about the recourse available to you.

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A few weeks ago, Sean Quinn, once the richest man in Ireland, filed for bankruptcy protection. But according to sources, his bankruptcy filing has not gone the way he imagined it. First, Quinn (who made billions in construction and real estate ventures and lost it through a bad gamble investing in Anglo-Irish Bank), was not permitted to file his bankruptcy petition in Northern Ireland.

Like many other “bankruptcy tourists” in the Republic of Ireland, Quinn apparently wanted to take advantage of the United Kingdom’s more lenient bankruptcy laws to make his case. He was thwarted, though, just recently, when a court ruled that he had misled the Northern Ireland bankruptcy authorities about the hub from which he conducted most of his business.

Now, filing for bankruptcy in the Republic of Ireland (which is independent of the U.K., unlike Northern Ireland, which is under the U.K.’s aegis), Quinn will have to wait about 12 years before the bankruptcy is cleared from his credit record. In the U.S. Chapter 7 bankruptcy remains on a person’s credit report for 10 years, but its impact diminishes with time.

“A Personal Vendetta”

In a move that does nothing to make him seem more sympathetic, Quinn has now reportedly accused Anglo-Irish Bank of holding a “personal vendetta” against him, and for that reason making his bankruptcy filing more troublesome.

Briefly, Quinn’s history with Anglo-Irish Bank (AIB) is this:

  • During the housing bubble, AIB extended itself beyond its means with ill-advised real estate loans.
  • Convinced the bank would rebound from its troubles, Quinn invested in its stock, gaining as much as a 28 percent stake in the company.
  • In addition to investing in the bank, Quinn also borrowed money to reinvest, putting himself largely at the bank’s mercy, should it collapse.
  • In 2008, AIB was forced to nationalize to avoid complete collapse. The process resulted in eliminating investments Quinn had with the bank worth about €2.8 billion.

Now Quinn owes AIB more than €2 billion. The now-nationalized bank has since received an order from a Dublin bankruptcy court to collect that money from Quinn. During the course of his bankruptcy, he will likely have to pay most or all of what he owes, or surrender assets to compensate the bank.

At present, it seems the bank is legally pursuing collection of the loan, though Quinn maintains that its officers pushed him into making unwise investments that led to the debt in the first place.

If there’s any kind of “lesson” we can take away from this tale of wealth and woe, it’s one of relief: it’s always refreshing to realize that our debts are not quite as overwhelming as they might be.

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Monday, June 27th, 2011

LA Dodgers Filing Bankruptcy

The Los Angeles Dodgers are entering Chapter 11 bankruptcy protection today as the team continues to struggle financially in the wake of the divorce case of team owners Frank and Jamie McCourt.

The Dodgers had been hoping to use a massive TV deal with Fox to keep the team afloat. The new deal would provide $385 million upfront, but Major League Baseball refused to approve it.

MLB has been in control of the team since April, which has been in financial hot water since the team's owners announced they were getting divorced.

Frank and Jamie McCourt owned the Dodgers together, but their divorce case has revealed the couple routinely used team funds to pay for their lavish lifestyle. The Associated Press reports they took out more than $100 million in personal loans from team accounts.

Now, the team is nearly broke and faces the possibility of missing a payroll payment at the end of June. If that happens, MLB may step in and take the team completely out of the hands of the McCourts.

Frank McCourt was the original owner of the team, and Jamie worked as the Dodgers CEO until she was fired by - you guessed it, Frank McCourt. A judge, however, ruled that because of their marriage she could claim half ownership of the team, according to California law.

Since then, the future of the Dodgers of has been up in the air, with the possibility of a sale of the franchise looking likely. Frank McCourt hoped to use funds from the TV agreement to reach a deal that would allow him to keep the team. Without the TV money the McCourts are headed back to court to decide the future of their assets.

The Dodgers are by no means the first professional sports team to file bankruptcy. In the last decade baseball's Chicago Cubs and Texas Rangers filed for chapter bankruptcy, as did the NHL's Phoenix Coyotes.

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A joint statement from the Federal Trade Commission and the Federal Reserve Board released in late December announced new rules for lenders who offer some borrowers less favorable loan terms than others.

With active participation from the borrowers in question, this measure could provide an important safeguard against certain predatory lending practices.

Current Mortgage and Home Loan Requirements

As things now stand, lenders are not required to inform individual borrowers whether their loan terms are better or worse than those offered to others.

When the new rules take effect, though, borrowers will receive a notice if they are offered loans that are “materially less favorable” than a significant amount of loans offered to other customers.

Ideally, the new requirement will help people make better choices about their loans. Many people who originally got into subprime loans weren't fully aware how the loans worked or what their other options might be. What many thought were "regular deals" turned out to be trouble.

Facing foreclosure? Learn about your options with a bankruptcy attorney in your area.

Partly because of this current gap in rules - that is, because of the system that leaves borrowers in the dark about where they stand in relation to others - lenders were able to develop the lending “innovations” that led to the subprime lending boom - and eventual bust.

New Rules to Help Home Mortgages

Set to take effect in one year (January 1, 2011), the new rules require the following:

  • Compliance from mortgage lenders: All forms of consumer credit are included in the new regulations, which means that mortgage lenders, auto lenders, student loan issuers, credit card issuers, banks and financing firms will have to comply by notifying consumers when they’re offered unfavorable loan terms.
  • Action from borrowers: The new rules require lenders who offer borrowers less-than-stellar terms on a loan to provide a free copy of a credit report or credit score. Once you get the report, it’s up to you to check that the negative action that the lender claims appears there is, in fact, there. And, if it does appear on your report, you must determine whether it’s correct.

In other words, these rules are good news, but they’re not a cure-all: you must still take the initiative to monitor and correct (if necessary) your credit report.

The new rules are apparently designed to ensure compliance with the Fair and Accurate Credit Transactions Act of 2003, an amendment to the Fair Credit Reporting Act.

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Saturday, September 19th, 2009

Senate Votes to Withhold Funding for ACORN

ACORN, the Association of Community Organizers for Reform Now, has gotten a significant amount of negative publicity in the last week. Here’s a summary of what’s happening with the group, which describes itself as a group that helps those who have historically been locked out become powerful players in our democratic system.

Background: ACORN & the Federal Government

According to The New York Times, the federal government has provided ACORN with $53 million dollars since 1994. On September 14th, the Senate voted 83–7 to withhold further funds.

Further, the Census Bureau has reportedly informed ACORN that its help will not be needed with the 2010 census—a change from earlier plans.

Voter Registration in 2008

According to sources, ACORN came under fire from some conservatives during the election season last year, when as many as 30% of new voter registrations the group gathered were shown to be fraudulent.

The Latest: Undercover Videos

This week, James O’Keefe, a self-named activist filmmaker released undercover films he made of certain facilities. In the films:

  • O’Keefe poses as a pimp with a woman posing as a prostitute.
  • They visit ACORN offices for advice on getting a loan to open a brothel.
  • The ACORN workers apparently offer advice for how the pair can get around certain laws to get loans.

Though conservative infotainment network Fox News has treated the videos as a scandal, most mainstream networks have taken a less aggressive stance. In a statement, ACORN’s chief organizer, Bertha Lewis, asserts that the video-taping was attempted in various cities and failed for months before the results we’ve all recently seen were achieved.

Lewis also insists that the videos were doctored or edited to make their content seem more objectionable than it actually was. She notes, too, that the workers shown in the video have since been let go.

ACORN has a decades-long history of helping underprivileged groups achieve equality, including helping people get fair credit after filing bankruptcy and advocating changes to the bankruptcy law to help homeowners.

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In honor of Labor Day, Total Bankruptcy is looking at some interesting (and frightening) labor statistics.

A study released last week shows a troubling trend in minimum-wage employment: failure to comply with many laws governing workers’ rights.

The Wage Study

Funded by grants from the Joyce, Hanes, Russell Sage and Ford Foundations, the study examined 4,387 low-wage workers in Los Angeles, Chicago and New York, the nation’s three largest cities. Included in the research were workers often excluded from such studies, including those paid in cash and undocumented immigrants.

Survey subjects represent a group that, according to the study, makes up 15% of the workforce in the three cities involved.

The Findings: A Variety of Violations

The study exposed violations of a variety of workplace laws, including these:

  • Minimum wage violations: 26% of subjects were paid less than the federal minimum wage; 60% of those were shorted by more than one dollar per hour. With minimum wage at $7.25, one dollar is nearly 14 percent of an earner's income.
  • Overtime violations: More than 25% of respondents worked more than 40 hours in a week. Of these, 76% were not compensated according to overtime payment laws. On average, workers clocked 11 hours of overtime and were either underpaid or not compensated at all.
  • Off-the-clock violations: Almost a quarter of interviewees arrived early or stayed late for a shift; 70% of these received no compensation for those hours.
  • Meal break violations: 86% of respondents worked long enough to qualify for meal breaks, but more than two-thirds (69%) had no break, a shortened break, were interrupted during their break or worked during their break.
  • Pay stub and illegal deduction violations: Though documentation of earnings and deductions is required in all three states, 57 percent of those interviewed received no such documentation. Further, 41 percent noted that their employers had cut their pay for illegal deductions.
  • Tipped job violations: Respondents in tipped wage fields, where the minimum wage is lower, reported not receiving even the tipped-worker minimum wage. And 12% reported that bosses or supervisors stole a portion of their tips.
  • Retaliation violations: Twenty percent of those interviewed reported employer retaliation (in the form of suspension, firing, threatening or similar) when they attempted to form a union or lodge complaints. Another twenty percent noted that they opted not to speak up for fear of retaliation.

In addition to these, other violations were recorded. And, according to the study, the findings may be more accurate than traditional government-based studies because the respondents included 39% illegal immigrants, 31% legal immigrants and 30% natural-born Americans.

Bankruptcy and Wage

Statistics show that the average bankruptcy filer earns less than $30,000 a year, a group that certainly includes those working for minimum wage. Pay violations are not only illegal, but they make it difficult for workers to pay bills and debts, leading many to file bankruptcy.

Minimum wage earners who don't have health insurance, for example, may be forced to file Chapter 7 bankruptcy to discharge medical debt.

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Bankruptcy in its simplest form is a recovery and relief task meant to heal and reprise a business or person back to a baseline stable for success.

The problem is it carries such an emblem of failure that the term is most often uttered with lowered eyes and sunken shoulders.

Bankruptcy is not the End of the Road

This is by no means is a final destination or label which should be branded on one’s forehead for life.

It is a sign for redirection, and a chance to start over- or move on.

Even those we idolize have filed bankruptcy.

In glancing at a recent article on Bloomberg.com, there in black-and-white is news that shows even the bright lights of Hollywood, the loud cheers of Shea Stadium or the brotherly love of Phillies fans can't save our stars from having to file for bankruptcy.

Celebrities and Bankruptcy: Dykstra, Baldwin, Trump

In the article, All-Star baseball great Lenny Dykstra is recorded to be filing bankruptcy under chapter 11 due to owing $10 to $50 million.

Then there is Stephen Baldwin, whose failed apprenticeship trials and inability to use his celebrity status to get him “out of here” has led him to filing bankruptcy.

Times are tough, even for our idols and it seems as though they will not be getting easier any time soon.

This economic blunder is even affecting such major banking institutions as JP Morgan Chase.

Bloomberg’s article mentions that “steeply rising filings by consumers are hurting commercial banks. JPMorgan Chase & Co., the second-largest U.S. bank, predicted more losses on consumer loans last month.”

In the same article JPMorgan’s CEO Jamie Dimon was resound in his thoughts of the current state of affairs.

Dimon doesn’t expect the credit card business to formulate a profit in 2009 or 2010.

In fact, the company augmented its loss projection for prime and subprime mortgages.

Not good news for those who lean on such institutions for stability in an otherwise unstable time.

Truthfully, examples of filings by celebrity figures, major business institutions and those who appear to have it all are interchangeable.

Just ask Donald Trump and M.C. Hammer.

The difference now is that more of the country is bound by these ties which otherwise were seen to connect only "the less" than rather than "the more of".

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The Department of Labor reported that the weekly unemployment insurance claims fell from 588,000 to 550,000 in one week.

That means 38,000 people either did not claim unemployment or they found a job.

What Jobs Mean to Our Economy

If 38,000 people actually found work last week, that would be equal to the entire town of Coppell, Texas now gainfully employed or the entire student population of New York University.

If these same 38,000 people made the national average wage index, then that would be 38,000 people now earning $40,405.48 per year.

If these 38,000 newly employed people then spent $5 a day for lunch at McDonald’s for the entire work week then that is $950,000 spent to bolster the economy

(By the way, $950,000 is a little less than what two Wall Street Executives are now allowed to earn under the current administration.)

Or, $950,000 can purchase 237,500 Happy Meals at McDonald’s, in turn supporting the 18 vendors and 30 employees (on average) which are needed to support one McDonald’s restaurant.

If there are approximately 8,600 McDonald’s restaurants in the country then that is 258,000 people and 154,800 additional businesses positively affected by the 38,000 people who found work last week.

These hypothetical figures show that every job counts toward stimulating the economy.

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Judge Sonia Sotomayor made history today when she fully approved by congress to serve on the US Supreme Court.

Judge Sotomayor will become the first Hispanic and only the third woman to ever serve on the country's highest court.

Her legacy and impact on the court have yet to be determined, but it's possible that she could play a role in reshaping bankruptcy laws.

As bankruptcy rates for July hit their highest mark since reform laws were passed it's possible that new laws or challenges to laws could come before congress or the highest court.

If new laws might impact banks, credit card companies or other powerful, moneyed interests, it's certainly plausible that their might be objections or challenges.

Likewise, there may other actions involving subprime mortgages, Sen. Dick Durbin's proposed bill that would give judges power to modify mortgages or laws that limit predatory lending.

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According to the Treasury Secretary, the United States’ economy has pulled away from the edge of collapse.

Timothy Geithner made this evaluation after watching a week of positive economic indicators, according to CNN.com, and he believes the country can expect continued economic improvement for the rest of 2009.

Less Job Loss, More Jobs To Come?

Job losses should slow, and job creation could begin as early as 2010.

To bridge the gap between the end of the recession and the end of the recovery, Geithner says the government plans to extend unemployment benefits that are currently keeping millions of Americans out of poverty and bankruptcy.

Some Economic Reality, Too

The news was not all good. Geithner acknowledged in an interview on ABC’s “This Week” that due to the recent emergency measures that seemingly saved the economy, the same economy is now significantly vulnerable to expanding deficit levels.

“We will not get this economy back on track, recovery will not be strong and sustained, unless we…can convince the American people that we’re going to have the will to bring these deficits down once recovery is firmly established,” the Treasury Secretary said on CNN.

Tax Increases?

Geithner did not rule out future tax increases as one possible strategy to address the deficit issue.

He reported that the President’s administration was dedicated to fixing the problem, and would not take anything off the table.

The next day, during a briefing with the press corps, Press Secretary Robert Gibbs clarified, stating that the President had already ruled out any tax increases on the middle class (those making under $250,000 per year).

Some Republicans have begun to acknowledge some improvement, but are not eager to give Democratic policies credit.

Rep. Mike Pence (IN) says that progress has happened "in spite of the prescriptions of Washington".

“I think what we’re seeing in the economy now is the inherent resilience of the American economy and the American people.

"This piecemeal approach—government handouts through a government bureaucracy—is no substitute for broad-based tax relief and fiscal discipline in Washington,” Pence told CNN.

Republican Sen. John McCain (AZ), who has spent more time opposing Obama than most of his colleagues, acknowledged that the $787 billion economic stimulus has had an effect, but voiced continued criticism that the cost was probably not worth the benefits in the long run.

“I think it’s very clear that the stimulus has had some effect,” McCain said. “But we have put trillions of additional debt on future generations of Americans. The long-term consequences, I think, are going to be, unfortunately, devastating unless we do something about it.”

Successful Cash for Clunkers Program Running on Fumes

Another stimulus-based proposal, the so-called “Cash for Clunkers” program that provides rebates to people trading in old cars for more fuel-efficient models, symbolizes the current debate.

The program, which was initially budgeted for $1 billion, has already exhausted its cash reserve, as car buyers flock to mostly American companies to trade in their vehicles.

Demand has exceeded supply, and now some Democrats want to extend the program, at a cost of $2 billion.

Some Republicans say the results aren’t clear enough to justify an additional expenditure.

Still, the program has lowered the miles-per-gallon rating of its participants’ vehicles by nearly 10 miles on average and Ford Motor Company reported some of its best sales numbers in years after the program went into effect.

Source: CNN.com

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