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A report this week from Detroit’s emergency manager says the downtrodden city is completely broke and may soon have to file for bankruptcy, according to the Associated Press.

The report, a 41-page analysis that aimed to portray a realistic picture of the city’s finances, said Detroit is on the verge of financial collapse, which would lead to lost paychecks for city workers, deep service cuts, and the loss of pension benefits.

And Kevyn Orr, the city’s emergency manager, believes that Detroit’s only remaining option could eventually be a trip to bankruptcy court.

Detroit May Soon File for Municipal Bankruptcy

As the city teeters on the brink of financial collapse, Orr has been given the unenviable task of negotiating deals with Detroit’s numerous creditors.

But James McTevia, a financial expert in Detroit, believes that Orr may head to bankruptcy court when he “gets his back against the wall and he can’t meet payroll.”

If such a dire scenario does happen, Orr would be left with few options besides seeking the protection of a bankruptcy judge.

And the report released this week does not bode well for Orr’s attempts to avoid bankruptcy. Sources say Detroit had a staggering $162 budget shortfall as of April 26, and that the deficit will likely approach $390 million in the next two months.

Orr noted in his report that the data could change as his team gathers more information, but said that “continuing along the current path is an ill-advised and unacceptable course of action if the city is to be put on the path to a sustainable future.”

Detroit Sets New Standard for Financial Irresponsibility

According to sources, Detroit is the largest city in the United States to be forced into state control, and the city’s financial collapse led to the extreme solution of placing a single person in charge of its money.

Sources say Orr controls how Detroit spends its budget, as those decisions have been removed from the control of Mayor Dave Bing and the City Council.

The two sides, however, seem to be cooperating, as a recent statement released from Bing’s office says that Orr’s conclusions are “consistent” with the administration’s own findings.

Sources also note that Detroit’s financial woes started well before Bing, a former professional basketball star, took office.

Nevertheless, Bing is now the captain of a sinking ship. In Orr’s words, the city’s operations have been rendered “dysfunctional and wasteful after years of budgetary restrictions, mismanagement, crippling operational practices and, in some cases, indifference or corruption.”

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In Tampa this afternoon arguments will be heard in the Casey Anthony bankruptcy case as to whether or not Casey Anthony's life story can be considered property or not.

Last month, Stephen Meininger, the bankruptcy trustee handling Anthony's case, filed a motion that essentially said her life story could be used to pay her off her debt.

In the motion, "the Property" included details of Anthony's childhood (which includes allegations of sexual abuse by her father) as well as the disappearance and death of her daughter, Caylee.

Anthony's attorneys disagree on the basis that such a thing would be invading her constitutional rights and "private thoughts." They say the motion "should be denied because the 'property' that the Trustee seeks to sell does not exist."

"By allowing property that can only be created by post-petition labor to be sold as part of the bankruptcy estate, a debtor would never be able to achieve a "fresh start," the filing says. "Perhaps more troubling, the Order sought by the Trustee would result in the judicial invasion and taking of thoughts and memories that have not been memorialized but are contained solely within the debtor's mind. This is a terrifying Orwellian prospect that would destroy the long-standing protections guaranteed by the Bankruptcy Code."

A $10,000 bid was made on the story by James Schober, an attorney in Texas, who wants to prevent the story from ever getting out. This would stop Anthony from ever making a profit on her life story.

Meininger thinks auctioning off Anthony's story to the highest bidder would best maximize the value for those Anthony owes in her bankruptcy filing, listing over $792,000 in debt.

Anthony, 27, has been unemployed and living with friends since she was acquitted of her daughter's death in 2011. She has yet to share her side of the story.

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Posted in Bankruptcy News and Events | Comments Off

With the top 1% of earners in the United States bringing home an average of $16.4 million annually, how many mortgages or student loans could the average "one percenter" erase?

how much debt can wealth of one percent erase

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Average Household Mortgage Debt

  • At the end of the second quarter of 2012, Americans had $13,216,356,000,000 in outstanding mortgage debt.
    • 2011 population estimate: 311,591,917
    • Homeownership rate: 66.6%
    • Average household mortgage debt: $149,981

Average Student Loan Debt

  • Class of 2011: average student loan debt: $26,000

Doing the Math

  • At $26,000 each, the top 1%'s average income could pay off the student loans of 631 people.
  • At $149,981 each, the top 1%'s average income could pay off 109.34 mortgages.

This infographic was provided exclusively by Total Bankruptcy.

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Posted in Economic News: How Are We Doing? | Comments Off

The top 1% of Americans earn an average of $16.4 million every year. How much of the average credit card debt or the national debt could this wealth eliminate?

the debt of many and the wealth of few

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Average Credit Card Debt

  • 2012 Projected Credit Card Debt: $870 billion
  • 2012 Projected Number of Credit Card Holders: 191 million
  • Average Credit Card Debt per Credit Card Holder: $4,554.97

National Debt

  • The national debt is $16,283,161,895,179.85
    • The public holds $11,453,560,734,889.31 of this debt
    • Intragovernmental holdings are responsible for $4,829,601,160,290.54 of this debt

Doing the Math

  • At an average credit card debt of $4,554.97, the top 1% average wealth could pay off 3,600 credit cards.
  • The average "one percenter" could pay less than 1% of the national debt.
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March 25th, 2013

Is Forgiven Debt Taxable?

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It's tax time and you're getting ready to file your taxes. Have you had any debt forgiven this year? How much debt? Have you thought about how that affects your taxes?

Many people do not realize that forgiven debt is sometimes taxable income. Now, there are exceptions to every rule but it is important to look into if you had debt forgiven last year and what that could mean.

Certain types of forgiven debt are exempt from Federal taxes. Those include but may not be limited to:

Other forgiven debt, specifically if you saved over $600, may be considered taxable income according to the IRS. This must be claimed on your tax return, otherwise the IRS has grounds to come after you.

Credit and debt collectors are required to file 1099-C forms with the IRS for forgiven debts of $600 or more. Some collectors will send a copy of the form to their customer but it is not required that they do so.

The 1099-C is a very complicated form and it is important to double-check the form before submission to verify that all the information is correct.

The IRS is expected to get $6.5 million in debt forgiveness this year based on the 1099-C form.

If you're unsure of anything, contact a local professional as soon as possible.

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Posted in Finance 101: Secure Your Future | Comments Off

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March Madness is in full swing now and gamblers' wallets across the country are a little lighter as they wait in anticipation to see how their brackets play out.

Whether you're a regular college hoops enthusiast or not, it has been projected that over 100 million people will take part in the "bracket" sensation that encompasses March Madness.

It has been estimated that those 100 million people will be collectively gambling approximately $12 billion on this NCAA tournament.

Based on the government's census calculations from 2012, the amount of money spent on gambling during this year's March Madness could have paid off over 2.6 million people's credit card debt at $4,554.97 each!

With approximately 191 million credit card holders in 2012, the credit card debt was projected at $870 billion.

Is it even worth asking ourselves why gamble when we could pay off some of our debt?

March Madness is its own world. It's a distraction from our lives. It brings us highs and lows. It brings people together. It pulls people apart. It pits people against each other. All in all, it is great fun.

What else could this $12 billion pay off if we didn't gamble it away?

  • The Heinz Company's $12 Billion Debt
  • Clear Channel Communications' $12 Billion Debt
  • Portugal's Town Hall's $12 Billion Debt
  • Texans' $11 Billion Unpaid Child Support
  • Illinois' $9 Billion Unpaid Bills

There's a lot of debt that could be paid off with $12 billion but right now this country is busy watching their brackets.

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Posted in Economic News: How Are We Doing? | Comments Off

Last year, the United States saw ecommerce spending jump to $194.3 billion, up 16.1% from $167.3 billion in 2010. The majority of these purchases were likely made on credit cards, and credit card debt is often cited as a reason why people file Chapter 7 and Chapter 13 bankruptcy.

Americans in general are definitely online shoppers, but which type of online shopper are you?


what's your online shopping style

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The Seeker

  • They’re on the lookout for specific items.
  • Know exactly what they want, and are ready to buy.
  • They’ll shop multiple stores until they find what they seek.

The Frugal Finder

  • They’re always on the lookout for the best deal.
  • They look for online coupon codes, sales, and free shipping promotions.
  • They’ll comparison shop among multiple online stores to get the most bang for their buck.

The Researcher

  • They have a goal in mind, but haven’t settled on a particular product or brand. Researchers browse with the intention of finding information until they decide on a product.
  • They take their time, reading product descriptions and reviews to gather as much information as possible before making a purchase.

The Window Shopper

  • The online equivalent to people who walk by a retail store without stopping.
  • They don’t really have a product or purpose in mind.
  • They could be looking to entertain themselves, or browsing to gather research for a future purchase.

The Mobiler

  • They love shopping online, but rarely find themselves sitting in front of their computer. Instead, they use smartphones or tablets to take care of all their online shopping needs.
  • They know what they want and where to get it. They make purchases with the app of their choice in just a few clicks.

The Hermit

  • They avoid traditional brick-and-mortar stores as often as possible.
  • They sign up for all the deals, newsletters and alerts to make sure they’re shopping at the right time and using the Internet to their fullest advantage.
  • Serious Hermits sign up for auto-refill programs to make sure they always have stock on hand.

Brought to you exclusively by Total Bankruptcy.

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February 21st, 2013

Could the Big Banks Fail Now?

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In 2008, the American people were faced with an abrupt request on the part of then-Treasury Secretary Henry Paulson to invest $700 billion toward bailing out some of the nation’s largest banks. Without this bailout, the American people were told, their entire economic system would soon be crippled or destroyed.

Naturally, the Bush Administration and legislative branch jumped on the threat and invested the requested funds. But could it happen again? Is anything keeping big banks from failing now?

Dodd-Frank

The “Dodd-Frank Wall Street Reform and Consumer Protection Act” was enacted in 2010 and contains some sixteen major reforms to regulate banks deemed “Too Big to Fail.” One of the changes outlined in Dodd-Frank has to do with placing a big bank into a state of “receivership” following quantitative failure.

This provision of Dodd-Frank effectively grants the United States government full authority to take over a big bank should it teeter toward failure. This practice represents a massive increase in authority.

Prior to the recession of 2008, the United States government was only allowed to overtake certain subsidiaries within any given company. Now, the government can overtake and overhaul most of the holdings of a company should it fail.

This practice is less like a bailout than it is a bankruptcy. The government steps in and takes over the liquidation or expansion of bank holdings in an attempt to return the company to stability.

Failure Under Dodd-Frank

The ability of the United States government to take over banks may do more harm than good should a really large bank fail. The liquidation process outlined in Dodd-Frank likely doesn't take into account the truly global nature of banking these days.

This misunderstanding, however, isn't the only threat facing America should a big bank fail. The nation’s largest banks have only grown in size and influence since the recession of 2008.

In the case of Wells Fargo, the acquisition of Wachovia in 2008 led to double-digit gains and expanded the company’s sphere of influence by leaps and bounds.

Interconnectedness is still a problem among big banks as well. Institutions like Bank of America (which holds an amount of revenue roughly equivalent to 18% of US GDP) would not only collapse individually, they’d likely take an almost unthinkable number of institutions with them.

This domino effect was a major fear in 2008, and remains so today; the difference now is these banks are bigger and more connected.

Could It Happen

Hypothetically, were a big bank to fail, the United States government would step in through the FDIC and take over operations.

First, they would likely implement planned strategies for dealing with the economic fallout across international borders, some of which include: Identifying foreign problem areas prior to the failure; coordinating with regulators; and homing in on resolutions by district.

Next, the FDIC would get to work on restructuring the affected bank to fit pre-established models. Part of this restructuring would be the reallocation or liquidation of assets and placing the company into a state of receivership.

Theoretically, after these two steps, the FDIC and U.S. government would then oversee the company until the entire process is finished.

It’s important to keep in mind that the criticisms leveled against the provisional regulatory power of the United States government under Dodd-Frank may or may not come into play. It’s uncertain now whether the interconnectedness, size, and global nature of today’s banks would hinder the processes outlined in Dodd-Frank or not.

The primary reason behind this uncertainty is simple: There hasn't been a collapse since the recession in 2008.

Dodd-Frank’s regulations may keep collapses from having the heavy impact they did in 2008, they may have no affect at all, or the FDIC’s stewardship of large, failing banks may prove more disastrous for the country than outright collapse. We simply don’t know.

However, should another financial crisis strike this country on the scale of the recession, conditions are ripe for it to be the worst yet, should the provisions of Dodd-Frank prove ineffective.

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Posted in Economic News: How Are We Doing? | Comments Off

The Center for Copyright Infringement (CCI) began implementing a less stringent policy regarding Internet piracy in October of 2012. But lawmakers and media companies have not always treated pirates with kid gloves.


In this infographic, we'll look at some of the penalties for downloading music and how they've even forced one young adult into considering filing for bankruptcy.

penalties for downloading music are extremely high

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Here Comes the CCI

The CCI claims its new “Copyright Alert System” is less severe than the enforcement measures of yesteryear, but not everyone is convinced.

What is the Copyright Alert System?

  • The CCI partners with Internet Services Providers (ISPs) to deliver piracy notifications to violating Internet users.
  • Some of these ISPs include AT&T, Comcast®, Cablevision™, Time Warner®, and Verizon.
  • The CCI uses a system called “MarkMonitor” to scan users’ IP addresses in search of illegal activity.
  • Through a series of six notifications, the CCI attempts to inform the user of their violation(s) and the legal channels through which to get the content they’ve stolen.
  • Around the fifth notification, ISPs may unleash “Mitigation Measures” on users.
  • These include slowing down users' internet speeds and page redirection.
  • Each ISP has a different set of mitigation measures
  • The CCI’s goal is to inform users more effectively about their violations, legal pathways to get content, and potential punishments. Litigation is another beast entirely.

Pirates Need a Lot of Booty

Individual prosecutions of Internet piracy are falling by the wayside, largely due to their utter ridiculousness.

  • The Recording Industry Association of America (RIAA) has been no stranger to the world of insane lawsuits.

Jammie Thomas-Rasset

  • 2006: The RIAA filed a complaint against Thomas-Rasset on behalf of six record companies.
  • Shortly after, the RIAA offered a $4,500 settlement to the accused pirate. She rejected the offer.
  • In 2012, Thomas-Rasset’s damages exceeded $1.5 million.
  • A successful Federal Appeals Court case reduced this total to $220,000. That's $9,250 per piece of pirated content

Joel Tenenbaum

  • 2007: Tenenbaum was sued by five major record companies for downloading 30 songs.
  • Tenenbaum was subsequently slapped with a $675,000 fine on the part of the jury. That's $22,500 per song.
  • The trial judge thought the high fine might be unconstitutional and reduced it to $67,500.
  • The companies then appealed the decision and requested the district court find a different way to apply the $675,000 in a manner that eliminated constitutionality concerns.
  • Were the companies to be successful, Tenenbaum would be forced into bankruptcy.

Piracy's New Penalties Are Still Ridiculous

While the punishments for piracy have become significantly less severe, a handful of unbelievable practices remain in play.

  • As the RIAA and others have reduced their piracy penalties, other institutions have taken up the mantle of the ridiculous.

Shotgun Litigation

  • Many content producers have begun an entirely new process for punishing pirates.
  • This new system swaps high-profile litigation for mass numbers of smaller lawsuits.
  • Essentially, the new legal paradigm is “quantity over quality.”
  • Companies will initiate a number of smaller, low-profile cases against users—in some cases, as many as 5,000 at a time.
  • More than 220,000 users have been hit with such suits since 2010.

Why It's Still Ridiculous

These lawsuits have two core flaws. The first is that the violations are based on IP tracking.

  • Tracking someone’s IP address is seldom a good identifier of their actual Internet activities.
  • This has a legal precedent, as Magistrate Judge Gary R. Brown in New York threw out a piracy case citing the fallibility of IP tracking.
  • Notifications of the lawsuits are (ostensibly) based on anonymity once a company finds illegal activity tied to an IP address, they issue a warning.
  • In this warning, users are asked to either provide their names so the companies can take litigation further or pay a small fine for their crime (usually in the $5,000 range).
  • The problem is that many of these companies deal in content to which users wouldn’t want their names attached.
  • Users are thus caught in a self-perpetuating ring of litigation.
  • They must either pay up (protecting their anonymity by admitting guilt), or have their reputation destroyed by fighting the suit.

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February 1st, 2013

The Decline of the Middle Class

People talk about the shrinking of the middle class, but what exactly is it they’re referring to? How has the middle class changed in recent years?

the middle class decline

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U.S. Adults 2008 U.S. Adults 2012
53% associated themselves with the middle income tier. 49% associated themselves with the middle income tier.

A Decade of Decline

Middle-tier median income falls...

  • 1983: $58,307
  • 2001: $72,956
  • 2010: $69,487
  • Incomes are scaled to reflect a three-person household (in 2011 dollars)

Share of Aggregate Family Income for Each Tier of the Population

Year Lowest fifth Second fifth Third fifth Fourth fifth Highest fifth Top 5%
2010 3.8 9.5 15.4 23.5 47.8 20.0
2000 4.3 9.8 15.4 22.7 47.7 21.1
1990 4.6 10.8 16.6 23.8 44.3 17.4
1980 5.3 11.6 17.6 24.4 41.1 14.6
1970 5.4 12.2 17.6 23.8 40.9 15.6

This IG was brought to you by Total Bankruptcy.

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