May 18, 2012

Racial Disparity in the Consumer Bankruptcy System

Are African-Americans not getting the "fresh start" they deserve when filing for bankruptcy? According to a new study entitled "Race, Attorney Influence, and Bankruptcy Chapter Choice," by Jean Braucher of the University of Arizona and Dov Cohen and Robert Lawless,...

Milwaukee Judge Cites Bankruptcy Preparer for Contempt

The Milwaukee-Wisconsin Journal Sentinel’s Cary Spivak reported on the latest ruling cracking down on the “hotbed for bankruptcy petition preparers” that is Milwaukee. Chief Bankruptcy Judge Pamela Pepper cited Jennell McKinley for contempt of court and will be facing...

2011 Personal Bankruptcies Down 12%. 2012 Expectations???

According to a new report from Fitch Ratings, 2011 personal bankruptcy filings declined by 12% to 1.35 million from the year earlier. It was the first decline in four years, possibly resulting from somewhat improved economic conditions and decreased...

New Maryland Rules Require More Proof in Debt Collection Cases

When a debt collection company or buyer shows up in District Court, they are usually just going by a person’s name, last known address and Social Security number to obtain a judgment against that person. Reacting to a flood...

How the MF Global Bankruptcy Is Affecting Charities

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.

Surrendering Property in a Chapter 13 Plan

In the past, our firm, Acclaim Legal Services, mainly filed Chapter 13 bankruptcies to stop foreclosure sales and give borrowers the opportunity to cure outstanding mortgage arrearages. More and more, we are seeing clients choosing to surrender their property under...

Courts Take Action on Bankruptcy Preparers

A recent editorial by the Milwaukee-Wisconsin Journal Sentinel focused on how too many bankruptcy petition preparers are going well beyond what is allowed under the law and hurting poor petitioners in the process. Urban areas have no shortage of...

Homeland Soldiers Get Extended Bankruptcy Assistance

On November 29, H.R. 2192: National Guard and Reservist Debt Relief Act of 2011 was overwhelmingly passed in the House 407-1. The law will extend the exemption for an additional 4-year period, from the application of the means-test presumption...

Bankruptcy Code on the Go – Free

Do you have an Amazon Kindle or similar E-Reader? Maybe now’s the time to add one to your Christmas or Hanukkah list. The University of Illinois College of Law has assembled the full U.S. Bankruptcy Code from public domain...

Florida Foreclosure Process Delayed by Bankruptcy Trustees?

The real estate website MortgageOrb is reporting that a Florida provider of default legal services is sounding the alarm on a new bankruptcy practice that he says could delay the foreclosure process in the state. According to an announcement...