Posts Tagged ‘bankruptcy’

Saturday, October 17th, 2009

More Seniors Struggling with Debt

A recent Newsweek article highlights the problem of older Americans struggling with debt. It seems that those aged 55 and older have become the group most likely to file for bankruptcy.

Retirement and Debt

The reasons for senior citizens' financial struggles may not be immediately obvious, but they are telling. Consider these factors that can sap a nest egg:

  • Credit card debt. This comes as no surprise – many Americans are strapped with serious credit card debt. This is part of the reason why the Credit CARD Act of 2009 was passed.
  • Large mortgages & home equity loans. Those who refinanced their mortgages during the real estate boom – whether to redecorate, fund children’s education, or pay down other debts – may find themselves faced with massive mortgage payments. In some cases, seniors may owe more on a house than it’s worth.
  • Cash-strapped kids. Like it or not, you may be contributing to your parents’ financial woes. In many cases, parents try to help their children financially even when they can’t afford to do so. Or they may be too embarrassed to refuse a child’s request for aid.
  • An end to income. Once you stop working, the paychecks stop flowing in. This isn’t problematic if you’ve got enough money socked away for your golden years, but since the stock market’s crash, many nest eggs aren’t quite as hefty as they once were. And paying down debt without regular paychecks can be difficult.
  • Predatory lending products. Unfortunately, nobody is immune to financial disasters like payday loans. People on fixed incomes (like many senior citizens) can find such loans especially damaging, since sky-high interest rates make them difficult to repay.

Getting Help for Yourself or a Loved One

The good news is that helpful agencies are available to provide credit counseling or debt management to those in need.

The bad news is that many con artists are also out there, ready to take money from whomever they can.

Check out various credit counseling services in your area (The Association of Independent Consumer Credit Counseling Agencies has a searchable database of accredited firms) and visit the Better Business Bureau’s website to check out any operation you discover.

If you think an older person in your life may need debt assistance but not have access to online resources, consider offering your skills to that person.

Additional Resources

The Plastic Safety Net (PDF)

Check out this infographic on filing bankruptcy & foreclosure:

Bankruptcy and Foreclosure Rates for The U.S. in 2009

Bankruptcy and Foreclosure Rates for The U.S. in 2009

Check out bankruptcy and foreclosure statistics by state.
Startling statistics about filing bankruptcy and foreclosure in America this year:

  • A foreclosure action is taken every 10 seconds. There were 1,528,364 total foreclosure actions taken in the first half of 2009.
  • An individual files bankruptcy every 22 seconds There were 699,104 total personal bankruptcy filings in the first half of 2009.

Wednesday, September 23rd, 2009

10 Companies that Could Face Bankruptcy

Last week, Yahoo Finance had an interesting article about 10 big companies with troubled finances.

Citing a report by Audit Integrity, an independent corporate accounting researcher, these 10 publicly traded companies had the highest probability of declaring bankruptcy. Like many of their American customers, these companies may be seeing less income coming in and debts that just won't shrink. On the list:

  • Hertz: financing a fleet of new models while consumers cut travel and spending.
  • Sprint Nextel: phone customers are fleeing for rival carriers with more popular "smart phone" models.
  • Macy's: customers are shying away from higher-end department stores in favor of more affordable shopping.
  • CBS: TV advertising dollars aren't what they used to be, and CBS's difficulty may be a sign that other broadcasters could lose their footing as well.

Whether or not any of these companies end up filing bankruptcy remains to be seen. Signs of economic recovery could find investors sighing with relief.

Corporate Bankruptcy Chapters

Like consumers, businesses typically have two options when filing bankruptcy: Chapter 7 bankruptcy and Chapter 11 bankruptcy.

Chapter 7 corporate bankruptcy works like chapter 7 personal bankruptcy, in which assets are sold, or liquidated, to repay creditors.

Chapter 11 bankruptcy is similar to chapter 13 for consumers, in which corporation enter a structured plan to repay creditors over time.

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.

Additional Resources

Broken Laws, Unprotected Workers (PDF)

Last week, the LA Times released an article pronouncing:

California unemployment hits post-World War II high. The rate jumped unexpectedly in July to 11.9% even as the national rate declined.

The purpose for this, it seems, is to inform the public of the rampant unemployment problem in the country’s largest state.

However, as in life, there is always a ‘yin’ to the ‘yang’.

High Unemployment Number, But is This the End of the Recession?

Explaining the positive side to this grossly negative numerical fright is Jerry Nickelsburg, a senior economist with the UCLA Anderson forecast:

Historically, unemployment rates continue to rise after the end of the recession. . .we're not creating enough jobs, we're losing jobs, and so that makes the unemployment rise. The importance of this is the reference to the ‘end of the recession’.

The Pain of Unemployment

If you ask the 35,800 California workers who lost their jobs last month (which is more than any other state) or the more than 760,000 residents who have lost their jobs in the last year--- the recession is far from over.

California has staggering average home prices, the nation’s highest cost-per-gallon of gas on average and is also notorious for their “sunshine taxes”. This only adds salt to the wounds of the unemployed.

California Losing Its Allure?

For so long California has been the Mecca for those searching for fame and fortune.
This began with the gold rush of 1849 and continued with the boom of the railroad, the rise of Hollywood fortunes and the blossoming of Silicon Valley.

The 16% unemployment rate won’t concave the mystique of California, but it’s worth noting that California is tied with Oregon for the fourth-highest unemployment rate in the nation, behind Michigan, Rhode Island and Nevada.

Some experts say the state is shedding jobs at a faster rate than the rest of the nation because of the prior dependence California had on their building/construction industry.

Whatever the reason, there are still large groups of unemployed workers in search of work.

We may see more Californians filing bankruptcy if this unemployment continues to rise.

If you can, please set aside the dog fighting, the jail time and the infuriating bad-boy behavior synonymous with his name—because Michael Vick’s got a new set of problems.

This fall, as the NFL reinstates him following a high profile, two-year hiatus during which Vick served time in federal prison, the former Atlanta Falcons quarterback finds himself $20 million in the hole.

On August 27, 2009, U.S. Bankruptcy Judge Frank J. Santoro approved Vick’s creditor repayment plan under one condition: that he retain a financial planner to ensure that he successfully emerges from his July 2008 Chapter 11 bankruptcy filing.

Vick has an estimated 100 creditors trying to collect from his past-due bills.

Vick 'Happy' With Filing Bankruptcy Decision

After the ruling, an elated Vick commented to reporters outside the courthouse in his home state of Virginia:

“I'm happy it's over. I can move on with my life. I think my lawyers did a great job. I commend the judge. I commend the creditors' committee, everybody. We finally got it all together. I'm just happy we can move forward.”

Following the court appearance, Vick and his fiancé were whisked away on a plane to Philadelphia for his debut in an Eagles’ preseason game.

Once the highest-paid player in the NFL, Vick now receives a $1.625 million salary for the 2009 season.
This amount may not even cover his legal fees, much less a solid portion of what he owes to creditors.

Michael Vick to Liquidate Assets

The three-time Pro Bowl pick will be forced to liquidate around $9 million in assets, including houses, luxury SUVs, boats and future NFL earnings.

He is allowed to keep only one of several homes, a luxury SUV and other possessions of minimal worth.

Michael Vick Back on the Field … Sort Of

NFL Commissioner Roger Goodell has permitted Vick to play in the final two preseason games of his new team, the Philadelphia Eagles, but not in the regular season.

In his announcement, much to the dismay of some, Goodell also contended that he would consider Vick for full reinstatement before Week 6 of the season.

Vick’s Debt to Be Resolved in Six Years?

Despite not having to pay creditors during his first year with the Eagles, Vick and his financial planner are hopeful that all of his debt will be paid off in six years.

The financial obligations of his Chapter 11 bankruptcy reorganization plan coupled with the 18 months he served in prison for operating a dog-fighting ring sustain Michael Vick’s reputation as an controversial figure in the sports world.

If nothing else, one thing in Michael Vick’s future is certain; for the undeniably talented athlete, winning games will not prove to be nearly as challenging as winning back an extremely contemptuous crowd.

Filing Bankruptcy Information

Are you tired of debt and curious as to how Vick may be resolving his old bills? Learn more about how filing bankruptcy works.

Just when it seems like our financial troubles are on the mend, the long arm of despair has reportedly grabbed hold of more unassuming citizens.

In a two-week period that started with 48,000 new jobs created and ended with 15,000 new unemployment claims, it’s dizzying to try and make sense of what is happening.

To even try to distinguish a trend would be maddening, but which figure is more indicative of our national presence?

Are we a nation on the rebound?

Or are we a damaged nation burdened with financial struggle and no relief in sight?

15,000 More People File for Unemployment in a Week

Unemployment claims increased by 15,000 to 576,000 for the week ending August 15, according to the recently released Department of Labor's weekly report.

This increase from the previous week's revised figure of 561,000 is more like a teeter-totter of information. It might not be accurate to consider the previous week's 48,000 decrease in unemployment filings an energy swing.

Auto Employees Behind the Unemployment Numbers?

In hindsight, it might be more correct to agree with the spectators of this figure who offered their explanation that the decrease was directly related to an early return of automotive factory employees, and not a spread throughout the general population.

In keeping with this notion, it might also be prudent to consider that the increase of filings by 15,000 may not represent those who are new to unemployment, but rather those who had lost their jobs and assumed they would find another soon enough to not need unemployment.

Which then begs the question:

If newly created jobs are on the rise, why aren’t they being filled by these 15,000 filers?

It is imaginable that this group of unemployed is far larger than most would think; a scary notion, but one that has gone overlooked to this point.

No matter which side of the line is chosen, it’s clear that the turbulence has yet to subside, and the best plan is to stay seated and ride out the storm.

Have you lost your job? Do you have bills piling up? You may be able to eliminate your debt by filing bankruptcy.

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.

Over the years, through emerging generations it has become the dominant philosophy to spend big, buy big and live big.

This translates into a larger billfold of debt, which often times can’t be cradled and results in bankruptcy.

Gluttonous Spending, Lack of Savings

According to the Boston-based National Consumer Law Center, nearly 33% of all personal bankruptcy participants were found to have far less than the recommended level of personal savings.

In fact, their debt to savings ratio was so lopsided that all 33% were nearly three times inflated in their debt. Meaning, when they filed bankruptcy, they had three times as much debt as they did asset or liquidity.

Although this may seem a bit brash, it’s not uncommon to the rest of the national consumer base.

No one we interviewed on the panel was surprised to hear that consumer debt is consistent with bankruptcy filings, according to research by the Federal Reserve.

Furthermore, the same research indicates that household debt is at a record high relative to disposable income.

Debt, Lack of Savings are Weighing Us Down

It's the panel’s concern that we're at an unprecedented level of debt and it will most certainly cause serious risk to the long-term financial health of American households.

Moreover, the panel agrees with the same Federal Reserve research that tells that a high level of indebtedness among households could lead to increased household delinquencies and bankruptcies.

We asked the panel their thoughts on this and first to respond to our inquiry into the lack of savings by nearly all bankruptcy participants was our famed expert Marty Sumichrast, of the Sumichrast Report:

“I am deeply troubled by the enormous government and personal debt levels.

"There is simply no way that we can ring up a $20 trillion debt over the next 10 years and expect that we will be able to sustain our economic leadership in the world (or financial dominance in personal wealth either).”

From this honest and somewhat eye-opening response, another financial guru, Barry Ritholtz, concurred.

Ritholtz, who has spoken on such matters on CNN, CNBC, Bloomberg, PBS and Fox networks, asserts that the nation was in a “free fall recession from September through March, this free fall is over but we are still contracting.”

In Saving, We Will Recover

However, even though we as a nation are still in an economic constraint, Ritholtz urges that does not mean there shouldn’t be unprecedented levels of personal savings.

He feels that it will only be in saving that our nation will recover.

As in other facets of life, in any storm there is birth.

It is the job now of all who can, to give birth to a new zeitgeist of fiscal well being.

Everyone on the panel agrees that being frugal is now the chic way of life. “It is now cool to be frugal.”

Capitalizing on the new style of saving more and spending less is Meg Beach.

Savvy Savings

While Ms. Beach holds a Masters Degree from the University of Massachusetts in Neuroscience, she actually finds herself spending the majority of her time working from her blog Being Resourceful.

This innovative blog was designed by Beach to recommend the inside scoop on all things savvy.

Beach offers daily discounts, savings and special offers by top retailers that otherwise would be lost in the vastness of the Internet.

This format is becoming increasingly popular as more and more consumers around the country are searching for avenues of saving.

Ms. Beach excitedly remarks on the new style of save large and spend small:

"My audience for Being Resourceful is anyone who wants to pinch pennies without sacrificing the splurge! Through regular visits to the site, readers will find amazing deals on the basics like food and clothing, and also on the more fun things like entertainment, accessories and even home improvement, sporting events and gifts.

"I post links to printable coupons, offer discount codes for online purchases, and give a head’s up for great sales. On top of killer discounts, for someone who might be facing bankruptcy, Being Resourceful offers great ways to cut expenses in half through buy-one-get-one-free (“BOGO”) coupons.

"Life doesn’t end when someone faces bankruptcy; they just need to have a paradigm shift, and these deals can help sweeten the deal!"

Those interviewed made it clear that to not only to recover from, but also to avoid filing bankruptcy, it is imperative to maintain a savings that is intertwined within a personal budget.

Wednesday, July 22nd, 2009

Ben Stein and Not-So-Free Credit Scores

The blogosphere has been all over Ben Stein, a financial guru, spokesperson and New York Times columnist, over his involvement with what appears to be a slightly shady "credit-score" site, FreeScore.com.

In advertisements, Stein shills for the group which claim to offer you a free credit score. As several blogs point out:

  1. Your credit score doesn't tell the full story. While your credit score is important, you'll need more information if you want to take action to improve. In order to see what's bringing your credit score down, you'll need to see your credit report, which includes any claims against you.
  2. FreeScore.com isn't actually free. After giving you a "score" for free, they begin charging you monthly fees.

While some people may want to check their credit score monthly, in most cases you don't need this kind of scrutiny. In fact, simply requesting your credit score or credit report can affect your credit score.

You are entitled to a free annual credit report from the government. And the government makes one available at exactly one - and only one! - Web site: Annualcreditreport.com.

Don't be fooled by similar or imitator sites.

If you're in debt and trying to get out, you may become a target of predatory merchants. These groups are looking to make a quick buck off your troubles.

Avoid this by informing yourself, reading the fine print and sticking to reputable, trustworthy sites and sources.

Trying to repair your credit but can't keep up with the bills? Consider filing bankruptcy.

Filing bankruptcy doesn't have to ruin your credit for life. Learn more: Credit After Bankruptcy.