Posts Tagged ‘filing bankruptcy’

All those who think the economy is on the mend and those in jeopardy of bankruptcy can take a breath of relief, please raise your hands   …    no one?

Well, you would be correct.

Even though there are statements by our current administration that the economy is showing clear signs of recovery, there is still the malignant fact that both personal and business bankruptcy filings are on the rise.

Think Philadelphia

In fact, in a recent article by USAToday and Bloomberg News there is a gargantuan estimation at just how large these figures will reach by the end of the year:

“Bankruptcy filings may hit 1.4 million” by the year’s end.

1.4 million, that’s more than the population of San Antonio, Texas and roughly the population of Philadelphia, PA - the city of brotherly love.

It seems there will be significant love lost as the toll of bankruptcies continues to rise.

As loans continue to remain hard to acquire, jobs continue to be lost and personal debt finds no relief, more folks will be filing bankruptcy.

We Need Jobs to Get Out of Debt

To underscore this point, the ABI (American Bankruptcy Institute) released a statement which many news wires have used in their articles surrounding these facts:

“Personal bankruptcies show no sign of abating after rising more than a third this year and may hit 1.4 million by Dec. 31 as jobs are lost and loans are harder to get.”

When the facts are reviewed, there is a clear sign that relief is far from in sight.

Consider that during the first six months of 2009 the total number of U.S. bankruptcies filed increased 36% year over year.

That’s over 189,000 new personal bankruptcy cases filed in just six months from the previous year. Why is this?

According to ABI Executive Director Samuel Gerdano, it’s because of the increasing unemployment coupled with pre-existing debt.

“Rising unemployment on top of high pre-existing debt burdens is a formula for higher bankruptcies through the end of this year," Gerdano said in a statement.

Although these figures seemingly take the air out of our nation’s sails, the even more frightening thing is that they don’t even touch on our country’s business related bankruptcies.

Don't Forget About Businesses Filing Bankruptcy

For the same time period, business filings totaled 30,333. This represents a 64% increase over the first-half 2008 which totaled 18,456 cases.

Segmenting this figure, it was found that chapter 11 business reorganizations increased by 113% (7,396 compared to the 3,470 from 2008), and Chapter 7 bankruptcy business liquidations increased to 20,375 which was a 57% increase over the 13,002 filings from the same 2008 time period.

So it seems while certain figures can be released in an effort to cast a more favorable light on our current economic plight, possibly in an effort to prod consumers to spend more, maybe to encourage employers to get back on the hiring wagon or simply to offer a glimmer of hope for those close to the edge, it cannot hide the facts.

What is failed to be considered in these veiled attempts is that numbers don’t lie and we as a nation are far from separated from the disastrous financial uncertainty which will define this period in our nation’s history.

The United States Department of Labor recently released economic indicators for June, which show, among other things, a jump of about .7 percent in prices for consumer goods from May.

Here’s a boiled-down look at the latest figures:

Consumer Price Increase: Largest in 11 Months

  • Consumer prices up .7 percent: This jump in inflation is the largest since last July, and just over the .6 percent that most economists were predicting. Experts are apparently attributing the jump to increased gasoline prices.
  • Industrial production down .4 percent: In response to decreased demand for a variety of consumer goods, many manufacturers cut back on production in June. Goods in this category include cars, machines and household appliances. The good news: in May, production fell by 1.4 percent – some experts see June’s lower drop as a sign of the recession’s easing.
  • 2009 prices down 1.4 percent from 2008: Though month-to-month to prices rose in June, prices are still lower than they were this time last year. Interestingly, this is the biggest year-to-year drop in about 60 years.
  • Energy prices up 7.4 percent: This jump was affected partly by the 17.3 percent leap upward gasoline prices took last month, as the summer travel season began. Analysts are reportedly predicting, though, that prices should ease a bit as the summer continues – this month has already seen some decline.
  • Car and clothes prices up .7 percent, airfare down .6 percent: Reflecting various trends in consumer demands, some month-to-month changes cancel each other out in the final tally of price changes.

Core Inflation Up .2 Percent in June

Though economists predicted a slightly lower rise of .1 percent in core inflation (which does not take into account food or energy), the .2 percent rise is considered reasonable by most standards.

Since last year, inflation has risen 1.7 percent, a number that jibes with downward pressure on prices typical of a recession.

Unemployment in June

The Labor Department’s numbers for last month show a current unemployment rate of 9.5 percent, up only slightly from May (9.4 percent).

This number translates to about 14.7 million Americans currently out of work.

If you've suffered a job loss and are considering filing bankruptcy, check out www.TotalBankruptcy.com for bankruptcy information and lawyers.

Money troubles come to the best of us.

Check out these MLB players who turned to filing bankruptcy when their money troubles caught up to them:

  1. Lenny Dykstra, former star center-fielder for the New York Mets and Philadelphia Phillies, filed for Chapter 11 bankruptcy protection this month. He has no more than $50,000 of assets and between $10 million and $50 million of liabilities.
  2. Bill Buckner, a former Red Sox player, went bankrupt in 2008 after his post-athletic career car dealership failed.
  3. Baseball Hall of Famer Gaylord Perry went bankrupt in 1987 after filing for Chapter 7 bankruptcy. Having played for an astounding eight different MLB teams over the course of his 35-year career, Perry’s post-MLB career farming endeavors failed in the mid-eighties.
  4. Pitcher and predicted Hall of Fame nominee Tony Gwynn filed bankruptcy in his sixth season in the league, citing back taxes of slightly over $1 million and poor investments, which he blamed mainly on his agent.
  5. Rollie Fingers, a Hall of Fame pitcher inducted in 1992, filed bankruptcy in 1989 after investments in pistachio farms, Arabian horses and wind turbines went awry. It’s said he owed more than $4 million and his assets were listed as less than $50,000. He was also involved in a tax scandal in 2007.

Finally, some real help for the financially distressed in California.

Suite Solutions is offering $30,000 in college scholarships to the children of parents who filed for bankruptcy in California.

That's some serious cash for higher ed for some families that could seriously use it.

Suite Solutions is focusing on California, a state that has had more than its share of financial struggle.

Three finalists will receive $5,000 each and 15 more students will get $1,000.

Qualifications for the bankruptcy scholarship are:

  • Child whose parents filed for bankruptcy in California
  • Southern California resident.
  • High school senior graduating in the spring of 2009 or current undergraduate college student enrolled for the upcoming fall semester at a two-year or four-year accredited college.
  • Student who demonstrates participation in his/her school or community through academic achievement, participation in extracurricular activities and/or community service.

If you meet the above, you can apply by visiting http://www.suitesolutions.info/scholarship.asp.

This is a great opportunity for some folks that could use a little help, and just another reminder that, for many people, bankruptcy isn't the end. It can be a fresh start for many.

Learn more about filing bankruptcy.

The Knoxville News Sentinel has a story that starts off in all-too-familiar territory these days.

Things were going swimmingly for the Herrons until wife Patricia lost her job earlier this year.

With that income gone, the Herrons began falling behind on payments. Their cars were repossessed, and husband, Thomas, was forced to walk several miles to get to his job.

Now, the couple is facing foreclosure, and they've turned to their pet boa constrictor to help raise money.

While holding a garage sale to raise cash, they set up an impromptu photo studio with their snake. For $5, visitors could take a picture with the pet and leave with a printed copy.

This couple is certainly sharp and creative, but the story is also sad.

You shouldn't have to sell all of your possessions just to protect your home. Had the Herrons considered filing bankruptcy, they might have been able to keep their cars, home, belongings and snake.

Bankruptcy is designed to help just like the Herrons.

A good couple that, due to circumstances out of their control, fell on hard times. With the unemployment rate in Tennessee above 10 percent, many more couples may soon find themselves in financial dire straits.

Just remember: You have options. You don't have to lose it all.

Filing bankruptcy may help you control your debt, and stay in your home.

We've written many times about Illinois Senator Dick Durbin's efforts to keep more people in their homes with his bankruptcy reform legislation.

The "Helping Families Save Their Homes in Bankruptcy Act of 2009" would allow bankruptcy judges to restructure home mortgages to stop foreclosure and keep more people in their homes.

When it came up for a vote this summer, the bill was defeated after some heavy lobbying efforts by banks and lenders. But the reform may not be completely dead.

This week, the Senate Committee on the Judiciary will hold a hearing called "Worsening Foreclosure Crisis: Is It Time to Reconsider Bankruptcy Reform?"

This hearing could rekindle talks of giving bankruptcy judges more power to adjust mortgages to make them affordable.

We'll follow the hearing closely and keep you posted on any developments.

--Check out more information about filing bankruptcy

In a strange twist to an already surprising case, a recent change to bankruptcy law could shelter Jammie Thomas-Rasset from the $1.92 million in damages she has been ordered to pay the Recording Industry Association of America, according to a CNET article.

Thomas-Rasset was recently found liable for willful copyright infringement and ordered to pay damages of $80,000 for each of 24 songs she was accused of sharing illegally over the Internet.

This is the second time that a jury has ruled against her.

In 2007, a jury ordered her to pay $222,000, but that decision was thrown out after the presiding judge acknowledged he had made a mistake while giving the jury their deliberating instructions.

Filing Bankruptcy Means She Might Not Have to Pay

In both instances, Thomas-Rasset has told reporters that she does not have the means to pay the RIAA and would not do so even if she were able. In fact, filing bankruptcy might help her.

According to Ira Rothken, an attorney who has represented Web sites that offer mechanisms for free file-sharing, the bankruptcy court may allow Thomas-Rasset to avoid paying the damages.

Historically, the bankruptcy law prevented a defendant from discharging the debt of someone found liable of willful copyright infringement.

However, Rothken believes that in 2008, the Ninth Circuit Court of Appeals found in the case of Barboza vs. New Form that “willful” meant one thing in a civil trial and something else during bankruptcy proceedings.

In copyright cases, “willful” simply means the defendant understood what they were doing.

According to the Ninth Circuit, bankruptcy laws mandate that for debt to be non-dischargeable, the plaintiff (the RIAA in this case) must prove that the defendant (Thomas-Rasset) was “willful and malicious” in her actions, and intended to cause the RIAA harm.

Kathryn Bartow, an attorney whose firm often represents major film studios, wrote in February that “(Barboza vs. New Form) serves as a warning to trademark and copyright owners as well as the counsel who represent them in willful infringement cases.”

Copyright Infringement and Bankruptcy

If the jury in her recent case had found Thomas-Rasset guilty of copyright infringement as opposed to the “willful infringement” she was eventually declared guilty of, her debt would have been even easier to discharge.

“If she had one on that point,” Rothken says, “[the debt] would be absolutely dischargeable without even having to have another hearing in bankruptcy court.

Now her conversation [with the RIAA] must be, ‘Hey, if we can’t settle, I’m going to go forward and file for bankruptcy,’ and they’ll say “Well, you’ll have to have another trial.”

Fred von Lohmann, an attorney for the Electronic Frontier Foundation, which advocates for Internet-users, believes that proving Thomas-Rasset’s malice might be very difficult for the RIAA.

“No. 1, I’m not at all sure they’d be interested in trying this case again,” von Lohmann says. “And No. 2, I’m not sure they’d win.”

The RIAA may not wish to push the matter to the point where Thomas-Rasset opts to seek shelter in bankruptcy. It has said that it wishes to settle the matter out of court, particularly since they have already achieved a coup by proving their case sufficiently to twenty-four average Minnesotans with no ties to the recording industry.

Pushing the matter further, many industry insiders agree, expends their public relations point and causes the group to be seen as bullies.

Thursday, July 16th, 2009

High Fashion Filing Bankruptcy?

With bankruptcy filings on the rise across the country, you might say that filing bankruptcy is in fashion. But fashion in bankruptcy? Well, that's happening, too.

Over at the Washington Post's Bankruptcy Beat, Jacqueline Palank looks at the bankruptcy troubles of high-end designers around the world. The list includes:

Money's tight for everyone these days, whether you're wearing Chuck Taylors or Manolo Blahniks.

Here's to hoping you look good, whatever the economic climate.

Former New York Mets and Philadelphia Phillies slugger Lenny Dykstra has filed for Chapter 11 bankruptcy protection in federal court, according to Jim Salisbury of the Philadelphia Inquirer.

When filing bankruptcy in California, Dykstra, who is 46, claimed less than $50,000 in assets and between $10 million and $50 million in debts.

In an e-mail to the Inquirer, Dykstra, currently a resident of Lake Sherwood, California, said that “sometimes the difficult decisions in life are the most necessary.”

His bankruptcy attorney, Walter Hackett, issued a statement indicating that the filing would:

“shield (Dykstra’s] from a host of meritless claims. This action will provide Mr. Dykstra time to reorganize his estate and successfully challenge the multitude of meritless claims that have been made against him.”

Not the 'Player' He Wanted to Be

One troublesome asset-turned-debt appears to be The Players Club, a glossy magazine that Dykstra launched in 2008.

The publication targeted professional athletes and advertised many of the creature comforts reserved for the ultra-rich, including private jet services.

Dykstra has been accused of not paying for services rendered to the magazine, with at least one staff member, Kevin Coughlin, a former photo editor, filing a lawsuit to recover unpaid wages.

Coughlin wrote an article detailing his experience working for The Players Club for GQ magazine, titled, “You Think Your Job Sucks? Try Working for Lenny Dykstra.”

The $60 Million Dollar Lie?

When contacted by the Philadelphia Inquirer regarding the claims that he was in dire financial shape, Dykstra told a reporter that he was taking the call while driving his Rolls Royce, implying that he was doing well financially.

Dykstra’s bankruptcy filing reports that the former slugger earned $36.5 million during his twelve year MLB career, which ended with his retirement in 1996. Eight of those years were spent in Philadelphia.

Dykstra has also reported having made millions of dollars via Wall Street investment opportunities.

He has also invested in numerous entrepreneurial opportunities, according to the LA Times, including the above mentioned magazine, a chain of car washes and even a column for investment site TheStreet.com.

As recently as April, Dykstra told ESPN that he was worth $60 million. The same article reported that Dykstra has been the subject of two dozen legal actions in the past two years, with litigation pending or in progress from coast-to-coast.

Dykstra In Foreclosure?

His filing lists credit-card companies, banks, attorneys, printers and auction houses among his creditors.

He owes JPMorgan Chase & Co. $12.9 million and $229,000 to his literary agent.

The three-time all-star owns a mansion in California worth $18 million, but this property is reported to be in foreclosure.

Even family members are piling on—Dykstra’s brother, Kevin, is also suing the former player and claiming that he was not paid his stake when Dykstra sold a chain of car washes the two co-owned for $50 million.

The fate of his Rolls Royce remains unclear.

Sources: The Philadelphia Inquirer, The Los Angeles Times

A tally of financial gurus and bloggers were given a chance to pronounce their opinions of where the country stands in this economic strife.

The group includes:

  • a popular blogger dedicated to giving readers the deals not otherwise known by the general public
  • a Washington D.C. based corporate mogul who runs a billion dollar HP company and is seen as a visionary in the world of finance and economic reform
  • a Chicago-based real estate expert who aids his consumers daily in the plight of real estate purchasing, financing and recovery
  • a Wall Street broker and top blogger
  • a San Francisco-based financial guru with a leading blog
  • leading hedge fund managers

The prevailing thoughts were that of tension, apprehension and uncertainty by all who were a part of this informal questioning.

Along the same lines, the impressions of where the country stands were similar, with a new moniker being placed on our economic status: “The Great Depression 2”.

Whether this characterization is true still remains to be seen and might only come to fruition in hindsight.

However, one thing is clear: Relief is long from being in sight and life as the general consumer knows he or she will not see full recovery for as much as 10 years.

Experts State Their Views On Current Economy

The first of the five questions asked of our financial experts was that of a more simplistic one.

With little frill or extravagance those being questioned were given the short task of offering their opinions on the current economic status of the country. Simply stated,

How would you describe the current status of the economic climate within our country?

While the responses by all the respondents were of similar nature, with similar tone and rhetoric, there were certain responses that defined a tenure in our society, thus producing a billboard effect for the voice of our country’s consumer.

David Hochberg, President of Townstone Financial a Chicago-based Mortgage company, is seen throughout the home loan industry as an expert in loan services as well as a viable source of accurate information as it pertains to the common consumer of home loans, was plain in his response to the question.

We’re in a “State of Peril”

Hochberg states that Illinois, in particular, is in a state of peril not seen for decades.

With the home loan industry under heavy constraints and more and more debtors facing the bankruptcy cycle, Hochberg feels it will be many years before the lending institution recovers.

Even then, Hochberg continues, “the composition of the typical home loan applicant will be much different as will their needs.”

Taking on more of a bird’s eye view of the nation’s economic status while simultaneously drilling deep into the overall perception of where our economy sits is David Morris who is the Director of Mergers & Acquisitions for EDS Corporation (a Hewlett-Packard company).

Mr. Morris is a Georgetown alumnus who sits high a perch one of the country’s largest companies, and is relied upon to help orchestrate the company’s economic prowess amongst its competitors.

Injections of Liquidity Are Not Enough

This in turn serves to provide a certain benchmark for the typical consumer to work from.

David had this to say about where the US economy sits:

“No bubble of any kind in our history has been solved on the first try or in an abridged manner. Pick up any piece of historical analysis by Robert Shiller for a glimpse of what to expect.

Injecting liquidity into the system only holds the doors open long enough for those in charge to execute their contingency exit strategies. A washout of failed participants is the only proven way to eradicate prior excess and cleanse the system.

We are simply in a synthetic environment that buys our government time to deal with the real problems at hand. Any upside in the stock markets between now and the end of the year should be looked at as a gift to exit long positions and reposition for the markets heading south into 2010."

In a similar breath of displeasure and lack of short-term promise is the reply from John Thomas, a senior blogger for the site Seeking Alpha, which is widely considered to be the premier financial blog site—even earning top honors from Time Magazine.

Great Depression Number Two

Thomas who works under the title Mad Hedge Trader (Thomas also works as a Hedge Fund Manager in his ‘day job’) was very clear in his opinion:

“We are now full faced in the great depression number two. With that, there is sure to be a 5-10 year gap for recovery with real estate finding itself more towards the 10 year mark.”

Finding conjoining thoughts with both Morris and Thomas is famed economic blogger Mike ‘Mish’ Shedlock.

Shedlock who has a vast knowledge of the trends and incubus of the nation’s economy offered a profound opinion on the US economy and bankruptcy.

Shedlock offers that we, as a nation, are now amidst a ‘secular attitude change” which is from a dismal “credit event similar to the great depression.”

Considering the overwhelming popularity of Mish’s blog, the nation seems to be taking notice of his perceptions, consequently Shedlock’s response to the question of where our economy stands in worth heavy consideration. As does those of the rest of the respondents.

Cliché No More: Economy is Truly Affecting Us All

Overall, anyone who resides within the US has felt the strains of economic uncertainty, financial unfamiliarity and personal debt shock.

For what comes next in this evolution remains to be seen.

No amount of forecasting, prophesy or analysis will completely tell the story of our nation’s newest economic collapse.

However, one particular aspect to this will remain constant, as it was in the 1930’s. The resolve and ingenuity of the American consumer to fare well in troubled times will far outlast a lack of funding or rickety financial flooring.

The Filing Bankruptcy Option

Filing bankruptcy is a decision not to be lead into lightly.

Although it was created to be a legal avenue to support the financial rebound for those who travel down its path, it is not meant to be—nor should it be—seen as a ‘quick fix’.

The tasks for such financial declaration are laborious and heavy handed, with numerous ramifications resulting from the process.

The ideological change which abounds from a successful navigation of bankruptcy, if followed as the process is intended to be, is such a reformation that most who chose bankruptcy resurface from it far better suited for financial freedom than those who succumb to the far less successful products of financial distress:

  • foreclosure
  • repossession
  • lack of housing
  • unemployment
  • divorce
  • illness, injuries or death

Consequently, filing bankruptcy can often be a prescription for financial remedy far better suited for the current economic status we Americans are knee-deep in.