Posts Tagged ‘bankruptcy filing’

Since MF Global filed for bankruptcy protection at the end of October, much of the media attention has been focused on the scandal of the $1.2 billion in investor money that the firm cannot account for. That money, which reportedly belongs to about 38,000 investors, may have been used for MF Global’s own (questionable) investments in European debt.

But now, as the end-of-year charity giving season is in its final throes, another kind of fallout from the MF Global bankruptcy is coming to light: its effect on charity donations. According to sources, the country’s eighth-largest bankruptcy is likely to affect charity giving in a number of ways:

  • Individual donors who invested with MF Global and lost money (when the firm misplaced those funds) may be less likely to contribute to charities than they were in recent years. Because many smaller investors lost significant amounts of money (relative to their total net worth), tens of thousands of potential charity donations might have been wiped out by MF Global’s collapse.
  • Corporate charity organized by the CME Group will likely not occur. In years past, sources note, the CME Group kept a trust (called the CME Trust) of $50 million to compensate investors who were unfortunately hooked into (and who lost money by) fraudulent investment schemes. In the past, most of that money got donated to charities at year’s end; this year, however, the entire trust went toward compensation of MF Global investors who lost money.
  • Some charities invested money with MF Global. In addition to the individual clients who lost money, organizations (including nonprofits and charities) put their money with this firm, as it was meant to be a relatively safe investment option. Now the firm’s bankruptcy will translate to a direct loss of funds for charity investors.

Investors & Charitable Grants

It’s no secret that the wealthiest citizens of the U.S. are often the ones behind major charitable grants and donations. But few news sources have discussed the potential effect a major bankruptcy like MF Global’s, which includes debts of more than $39 billion, is likely to have on charitable organizations this year.

What is perhaps even more troubling is that this blow to charities comes during a time when individual donors have cut back on charitable contributions because of unemployment and reduced wages. Naturally, the persistently tough economy also means that more Americans than ever are in need of the support that charitable organizations traditionally offer.

In recent years, the CME Trust donated millions of dollars to Chicago-area educational institutions, including universities, charter schools, and organizations that fund education in the city. Without such donations, those and other groups could face significant financial difficulties in 2012.

Wednesday, September 22nd, 2010

Poverty Rate Rose in U.S. Last Year

Recent reports from the Census Bureau show that the number of American families living at or below the poverty line increased in 2009 to a fifteen-year high of about 44 million, or one in seven Americans. So what does that mean for individual finances, including foreclosure , eviction, bankruptcy filings and more?

Here’s a look at what the rising poverty rate in the U.S. might look like.

Poverty and Bankruptcy

Many insiders have estimated that as many as 1.6 million Americans will file for bankruptcy by the end of 2010, up from even 2009’s 1.3 million. Even though that number represents an increase from prior years, some economists conjecture that more Americans would be in need of bankruptcy protection if not for:

  • Shared housing: More and more extended families, it seems, are opting to live in single residencies in order to save money on bills. For some people, living with loved ones may have been the result of losing a home to foreclosure or a landlord’s loss of property to foreclosure.
  • Extended unemployment benefits: Congress has extended traditional unemployment benefits more than once since the Great Recession began, and many individual states, too, are offering their out-of-work residents more support than usual.
  • Food banks and soup kitchens: Various charity-funded food organizations have apparently seen a significant increase in needy Americans. Reports suggest that more and more U.S. citizens are being forced to choose between paying the rent and buying food supplies.
  • Food stamp distribution: Sources note that the number of Americans receiving food stamps has risen to 41 million, from 39 million at the beginning of the year.

Unemployment and Bankruptcy

According to the New York Times, one likely culprit of the rising poverty rate is the unemployment rate, which has been stuck at just below 10 percent for months now and shows no signs of dipping.

Some analysts have reportedly noted that it generally takes some time for poverty rates to decrease once unemployment numbers begin to normalize, and the experts are still not saying when that’s likely to happen.

Here’s a look at who, according to sources, has been hit hardest by decreasing wealth levels:

  • 9.4 percent of white Americans are now in poverty;
  • 25.8 percent of black Americans live at or below the poverty line;
  • 25.3 percent of Hispanic Americans find themselves in poverty; and
  • 12.5 percent of Asians are in poverty.

All of the above groups except Asians have seen increases in poverty in the last two years. Additionally, sources note that young adults without college educations are especially hard hit across racial lines. Many predict that poverty will continue to rise for the duration of 2010.

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.