Posts Tagged ‘bankruptcy filing’

Months after winning $1 million on a game show, Georgia’s state superintendent of schools and her husband reportedly filed Chapter 7 bankruptcy.

However, this isn’t a story of why they filed; it's a story about what happened afterward.

In fact, according to the Atlanta Journal-Constitution, Superintendent Kathy Cox was selected to appear on Fox’s “Are You Smarter than a Fifth Grader?” partly because she wanted to play to win money for Georgia schools.

Unfortunately, getting her prize money to the children of Atlanta hasn’t been as easy as she hoped.

Background: She Wanted to Spend Winning on the Blind & Deaf

Sources indicate that Cox planned to donate her TV winnings to three state-run schools for children with vision and hearing impairment.

And, as the first person ever to win the top prize of one million dollars on “Fifth Grader,” it looked like the schools would be receiving some cash.

The Filing Bankruptcy Twist

But, three months after her winning, Cox’s husband filed for Chapter 7 bankruptcy protection, largely because of debt his construction company accrued.

In a Chapter 7 bankruptcy:

  • A filer’s non-exempt assets can be liquidated. The money raised from the liquidation sale is then distributed among the filer’s creditors to cover debts.
  • The trustee determines how to distribute funds. A bankruptcy trustee, who is a federal employee, makes decisions about how much money goes to which creditors.

In the Coxes’ situation, their trustee has reportedly sued the Coxes and Fox Broadcasting Corporation in an attempt to get the prize money paid to the Coxes’ creditors rather than the schools.

Indeed, most state bankruptcy laws consider cash above a certain amount to be a non-exempt asset and therefore destined for the filer’s creditors.

Naturally, a protest has been scheduled and people on both sides of the debate are fervently determined to fight for their cause.

The Underlying Issues

Part of the reason for the hullabaloo and confusion is that the various parties can’t agree about whether Cox participated in the game show as a representative of the state schools or as an individual.

The check she received from Fox was allegedly made out to her, which complicates matters.

Ultimately, the judge who presides over the court case between the two parties will have to decide whether the money Cox earned on the show is legally hers or the state’s.

Learn more about filing bankruptcy.

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!

The older the age group, the higher the bankruptcy filing rate is, according to new analysis from the Consumer Bankruptcy Project, which examined bankruptcy filings between 1991 and 2007.

Those under 55 saw double-digit percentage drops in their filing rates, but people 65-75 years old were more than twice as likely to file bankruptcy and those 75 and older were more than three times as likely to file.

In 1991, those 55 and older accounted for 8 percent of bankruptcy filers, but by 2007, the number jumped to 22 percent.

The filing rate per thousand people aged 55-64 was up 40 percent; 65-74 year olds’ filing rate was up 125 percent; and the 75-84 group increased their filing rate a whopping 433 percent.

Higher prices on food, home supplies and other basic items have certainly contributed to this unfortunate filing bankruptcy trend.

Aged people are also more susceptible to incur expensive medical bills. Another contributing factor is that people are retiring with more debt and still have mortgage payments to make on their fixed incomes.

Wednesday, January 31st, 2007

Can’t I Just File My Own Bankruptcy?

The law certainly allows you to file your own bankruptcy petition, and you can even find forms with which to do so--but it can be a stressful experience and a risky proposition if you don't thoroughly understand the timing, requirements, procedures and terminology associated with a bankruptcy filing.   A local bankruptcy attorney can help you to untangle the requirements and choose the type of bankruptcy case most suitable to your circumstances.

The New York Bankruptcy & Consumer Law Blog has an enlightening post this week about some of the things the average person would never consider that can derail a bankruptcy case.