Posts Tagged ‘Chapter 7’

Sunday, November 1st, 2009

Bankruptcy Median Incomes Change Today

Debtors May Have 21 Days to File Under Old Income Levels

The U.S. Trustee Program and Department of Justice announced new bankruptcy median income numbers for the Chapter 7 means test, which affect bankruptcy petitioners who file on or after November 1.

For debtors who income now falls above the new median income, a 21-day grace period may be granted to file under the previous levels. For more information or to begin bankruptcy proceedings to meet the 21-day deadline, connect with a local bankruptcy attorney.

Median Income Tables

One part of the Chapter 7 means test, introduced in the 2005 bankruptcy reform laws, is to compare the income of the debtor with income levels for similar family sizes in the state. In each state (plus Washington, D.C., Puerto Rico and other territories), there is a set median for families of one-to-four people, plus additional levels for families of more than four.

The median income is the middle point of all incomes for each state and family size—half of families will fall above, and half below, the median income. The provision was introduced to help prevent abuse of chapter 7 bankruptcy.

Perhaps a sign of the current recession, with unemployment rising and many workers working below full-time hours, median incomes levels in many cases have fallen. However, income levels have also risen in certain cases. For more information, compare the new median incomes with the previous incomes at the U.S. Trustee web site.

Window to File Bankruptcy Under old Incomes

Under the means test, a debtor compares his income to the median for his state and family size; if his income is below the median, he "passes" that part of the test. Debtors whose incomes are above must look at state exemptions to possibly continue under Chapter 7, or must file under a Chapter 13 debt reorganization plan.

In the rare cases where an income level has lowered (such as a single-earner in Maine, which fell from $40,618 to $38,812) and now excludes a debtor whose income falls in that range, the bankruptcy court allows for a brief 21-day window to "pass" the means test under the previous median income levels.

While most income levels only changed a small amount, for those close to the median, the change could be the difference between a debt discharge under chapter 7 and a 3-to-5 year repayment plan under chapter 13.

For more information on the chapter 7 means test, new median income levels, and if you need to file in the next 3 weeks to qualify for chapter 7 bankruptcy, visit Total Bankruptcy and connect with an attorney about filing bankruptcy.

Not so long ago, Randy Brown was a part of the most dominant force in basketball.

Brown, recently dismissed as an assistant coach of the Sacramento Kings, played guard for the ’96, ’97 and ’98 Chicago Bulls.

Those Bulls teams won consecutive championships, due largely to a legendary starting lineup that included Michael Jordan, Scottie Pippen and Dennis Rodman.

Brown was a supporting player, coming off the bench for the Bulls, but his contributions still helped the club achieve a best-ever record of 72 wins and 10 losses in ’96 and Brown received a championship ring each year, the same ring awarded to Jordan, Pippen and coach Phil Jackson.

But not even champions are immune to difficult financial conditions.

Brown filed for Chapter 7 bankruptcy last year, and his championship rings were recently put up for auction.

“It’s a tough situation,” says Dennis West, of West Auctions, the company responsible for the sale.

“Randy seems like a really good guy, and he was a great player. However, these are tough times for a lot of people from a variety of backgrounds. People are making difficult financial decisions, and for some, that means bankruptcy.”

On May 19, the auction began, with the bidding beginning at $19,000.

As a coach, Brown was known for getting the most out of his players and he worked hard throughout the Kings’ recent struggles.

Sacramento in the past five years is about as far from Chicago in the mid-nineties as a basketball player can be, but the assistant coach was well liked by players and fans in both cities.

When the bidding ended, the three rings sold for $58,833.

The winner is currently anonymous, using the online identity of “RingKing.”

Unlike a traditional auction, RingKing will not get to keep his secret—the identity of the winning bidder will be disclosed as part of the public record because the sale took place as part of a bankruptcy filing.

RingKing beat out several other motivated bidders.

One of the finalists was Estee Portnoy, who has served as Michael Jordan’s publicist for many years.

Portnoy’s top bid was $40,000, and she would not confirm that she was bidding on the rings in order to return them to Brown.

“I didn’t have any special motivation,” she said. “I’m just disappointed I didn’t win.”

Brown talked about the impending sale of his rings in an interview with the Sacramento Bee. He admitted that the loss of the rings was harder on him than most people suspected.

“People figure that here’s this guy…he’s played in the NBA, he just got fired, he’s broke, and here he is giving up his championship rings. That hurt me, because those [rings] meant a lot to me.”

The championship rings did not qualify as “essential personal belongings” in Brown’s bankruptcy liquidation, but most individuals going through the process do not have similarly valuable “unprotected” assets.

In any case, the message is clear: bankruptcy offers debtors protection, but often requires them to make difficult choices along the way.

Sources: Chicago Sun-Times, United Press International

Are you struggling to pay the bills? Learn more about filing bankruptcy

A cosigner is someone who signs his or her name along with the primary borrower on lending papers and takes on responsibility for payment of that debt should the primary borrow default.

In most cases, a cosigner has stronger credit than the primary borrower and can help that person get better loan terms, like lower interest rates and monthly payments.

Cosigners can be helpful for:

  • Young adults: Often, a parent (whose credit is better established) will cosign a loan for an adult child to help him or her get more affordable terms.
  • Those recovering from bankruptcy: After filing for bankruptcy, you may need someone with stronger credit to cosign a loan with you in order to get reasonable terms.

What happens to cosigners when you file for bankruptcy?

  • In Chapter 7 bankruptcy, many debts are completely forgiven (discharged). This would mean that the burden of payment is removed from you – BUT your cosigner (or “codebtor”) is still responsible for making payments.
  • In Chapter 13 bankruptcy, payments are made according to the terms of a repayment plan. In this case, as long as you keep up with your payment schedule, your cosigners are protected and not responsible for paying that debt.

Other Cosigner & Bankruptcy Considerations

  1. Remember: before you're filing bankruptcy, any payment you miss or make late will harm both your credit and your cosigner’s credit.
  2. Cosigners for business loans are not protected at all by bankruptcy filings.
  3. When deciding which chapter of personal bankruptcy to file, you need to choose the one that will work best for your finances. Although your cosigners could be negatively affected by your decision, they did take on considerable legal responsibility and personal risk by signing the legal documents.

Friend & Family Cosigners & Your Bankruptcy

In many cases, cosigners are close friends or relations. Filing for bankruptcy has the potential to strain these relationships, so it’s important that you take steps to make sure bankruptcy is the right choice for you and the best way to get you back on your feet financially.

Speaking with a bankruptcy lawyer may be a wise first step.