February 4, 2012

Bankruptcy of Ireland’s Richest Man Heats Up

A few weeks ago, Sean Quinn, once the richest man in Ireland, filed for bankruptcy protection. But according to sources, his bankruptcy filing has not gone the way he imagined it. First, Quinn (who made billions in construction and real estate ventures and lost it through a bad gamble investing in Anglo-Irish Bank), was not permitted to file his bankruptcy petition in Northern Ireland.

Like many other “bankruptcy tourists” in the Republic of Ireland, Quinn apparently wanted to take advantage of the United Kingdom’s more lenient bankruptcy laws to make his case. He was thwarted, though, just recently, when a court ruled that he had misled the Northern Ireland bankruptcy authorities about the hub from which he conducted most of his business.

Now, filing for bankruptcy in the Republic of Ireland (which is independent of the U.K., unlike Northern Ireland, which is under the U.K.’s aegis), Quinn will have to wait about 12 years before the bankruptcy is cleared from his credit record. In the U.S. Chapter 7 bankruptcy remains on a person’s credit report for 10 years, but its impact diminishes with time.

“A Personal Vendetta”

In a move that does nothing to make him seem more sympathetic, Quinn has now reportedly accused Anglo-Irish Bank of holding a “personal vendetta” against him, and for that reason making his bankruptcy filing more troublesome.

Briefly, Quinn’s history with Anglo-Irish Bank (AIB) is this:

  • During the housing bubble, AIB extended itself beyond its means with ill-advised real estate loans.
  • Convinced the bank would rebound from its troubles, Quinn invested in its stock, gaining as much as a 28 percent stake in the company.
  • In addition to investing in the bank, Quinn also borrowed money to reinvest, putting himself largely at the bank’s mercy, should it collapse.
  • In 2008, AIB was forced to nationalize to avoid complete collapse. The process resulted in eliminating investments Quinn had with the bank worth about €2.8 billion.

Now Quinn owes AIB more than €2 billion. The now-nationalized bank has since received an order from a Dublin bankruptcy court to collect that money from Quinn. During the course of his bankruptcy, he will likely have to pay most or all of what he owes, or surrender assets to compensate the bank.

At present, it seems the bank is legally pursuing collection of the loan, though Quinn maintains that its officers pushed him into making unwise investments that led to the debt in the first place.

If there’s any kind of “lesson” we can take away from this tale of wealth and woe, it’s one of relief: it’s always refreshing to realize that our debts are not quite as overwhelming as they might be.

Dodgers Get Nod from Bankruptcy Judge for Fox Settlement

The bankruptcy judge overseeing the bankruptcy of the Los Angeles Dodgers has approved an agreement reached between the team and Fox News, meaning that a sale of the team can go forward, according to reports from the Associated Press.

The news was met with relief from the team’s creditors, because quick approval will likely translate to the team’s ability to maximize the value of its bankruptcy estate with a timely sale and fewer legal negotiations than might have otherwise been required. Creditors get paid based on the amount of money available in the bankruptcy estate, so the agreement and court approval seem to be good news for everyone.

While the bankruptcy of a professional baseball team may seem as if it’s worlds away from most people’s individual debt struggles, the Dodgers’ bankruptcy drama actually provides a great jumping-off point to clarify some key elements of the process of personal bankruptcy.

What the Dodgers Can Teach You about Personal Bankruptcy

Avoid the mistakes that led this baseball franchise into bankruptcy court, and you’ll improve your own odds at financial success.

  • Don’t live off future earnings. One major reason the Dodgers were pushed into bankruptcy was because the team’s owner, Frank McCourt, was counting on the renewal of a TV deal from Fox Sports to pay salaries in the coming year. When Major League Baseball’s commissioner rejected the contract Fox offered, McCourt was left with few choices other than to file for bankruptcy and lose control of the team—which is what the commissioner wanted in the first place (see the next list item).
  • Dicey accounting won’t hold up in the long term. One reason MLB’s commissioner pushed the Dodgers into bankruptcy was because McCourt was allegedly using team money for non-team (i.e. personal) expenses. It seems McCourt frittered away as much as $180 million that didn’t belong to him, which led higher-ups in the league to target him for removal.
  • Sometimes, you are your own best asset (in a good way!). The Dodgers are working on finding a new TV deal, which will partly finance their team expenses next season. Because enough people want to watch the Dodgers, the team should be able to emerge successfully from bankruptcy protection—and the same is true of most individuals! If you have the drive and determination to eliminate your debt and prove yourself to be a good credit risk, creditors, employers, and others will eventually see that and you’ll be able to recover after bankruptcy. Bids to purchase the Dodgers were due on January 23, and already a number of possible buyers have reportedly expressed interest in the team.

Bankruptcy Courts Turn to Online Chats to Guide Users

A new trend in the Southwest suggests that the country’s bankruptcy courts are finally taking advantage of technology that many other industries have already adopted: online chat forums. Sources note that bankruptcy courts in Arizona, New Mexico and Nevada have all started dabbling in online contact for court users.

As many other companies have discovered, offering online chat forums provides consumers with a convenient way to get information about the nuts and bolts of bankruptcy law.

Help for Real Estate and Bankruptcy Lawyers

One interesting element of the new trend, according to sources, is that some of the first to take advantage of the online chat forums have been real estate lawyers who have expanded their practices to represent clients interested in filing for bankruptcy.

Likely a result of the implosion of the housing bubble (which hit especially hard in the Southwest), many real estate lawyers have apparently seen bankruptcy proceedings become a much larger part of their clients’ daily needs. This can be attributed to the fact that Chapter 13 bankruptcy can be used as a means of halting or delaying mortgage foreclosure.

But because most real estate lawyers lack the training and experience in bankruptcy laws and bankruptcy court proceedings, they have more questions about navigating the bankruptcy court system than traditional bankruptcy lawyers do, it seems.

Enter the online chat forums.

Online Forums Available to Bankruptcy Filers, Too

In addition to providing pointers to lawyers representing bankruptcy filers, the bankruptcy courts with online chat forums also offer valuable services to individual bankruptcy filers interested in learning more about the process or nitty-gritty details of filing a bankruptcy case.

Those interested in filing for personal bankruptcy can use the online chat system to:

  • Ask for direction about where to find necessary forms or schedules for filing a bankruptcy case;
  • Clarify parts of the Bankruptcy Code that they cannot decipher for themselves;
  • Learn about deadlines, procedures, and requirements of the bankruptcy court; and
  • Get general information about how bankruptcy works and what they can do to prepare for bankruptcy or recover from a bankruptcy filing.

The Internet as a Bankruptcy Tool

Since the Internet went mainstream, potential bankruptcy filers have used it to research the bankruptcy process and potential effects of filing for bankruptcy on their financial lives. The introduction of a venue where filers can get their questions answered directly marks a natural progression toward more and more consumer-oriented online offerings.

At present, the online chat forums are only available for filers in a few states; however, if their success continues to grow, other areas of the country may introduce similar tools for filers and potential filers.

Involuntary Bankruptcy: How It Works

Mamtek, a company based in Moberly, Missouri, is currently facing the potential of a forced Chapter 7 bankruptcy filing by five of its creditors. The situation involves Mamtek, which manufactures an artificial sweetener, and its plans to open a plant in Moberly.

According to sources, the case has unfolded like this:

  • Mamtek planned to build a factory in Moberly. To finance the construction, the city of Moberly issued bonds worth $39 million to the company.
  • Missouri-based UMB Bank reportedly agreed to serve as trustee for the bonds, meaning that it financed the city’s agreement with Mamtek.
  • This fall, Mamtek missed a payment to the city of Moberly, and indicated that it could not afford to complete the half-built factory.
  • Without payments from Mamtek, Moberly indicated that it would default on the bonds, leaving the bank on the hook for tens of millions of dollars.
  • The bank, along with other creditors (mainly construction-related companies) took the case to the court system, urging the bankruptcy judge to force Mamtek into bankruptcy so they could recover their money.

If the judge rules in favor of the creditors, Mamtek will have to sell its assets and distribute the profits among its creditors to compensate them for the money Mamtek owes them. If the judge does not rule for the involuntary Chapter 7 bankruptcy, Mamtek may be able to abandon its building and the creditors could lose a significant portion of their investment.

Involuntary Bankruptcy for Individuals

Involuntary bankruptcy is also possible for individuals – that is, a person’s creditors can theoretically get together and attempt to force a person into bankruptcy in order to recover some of their money.

However, in the case of individuals, forced bankruptcy is fairly rare. This is partly because it requires creditors to act together and agree to request a forced bankruptcy, and partly because most people who need bankruptcy protection often do not have sufficiently valuable assets to make a liquidation and creditor distribution worthwhile.

Further, in order for the involuntary bankruptcy of an individual to be legal, certain conditions must be met:

  • For a single creditor to force involuntary bankruptcy, creditors must be unsecured, fewer than 12 in number, and owed at least $5,000 by the debtor.
  • If a debtor has 12 or more creditors, at least three of them must join together to file the involuntary bankruptcy petition.
  • Creditors can force an individual into Chapter 7 bankruptcy (and possibly Chapter 11), but not into Chapter 13 bankruptcy.
  • Debtors have a chance to answer the involuntary bankruptcy petition in court.

It’s important to know that a creditor’s involuntary bankruptcy petition for a debtor does not guarantee that the court will agree to push the debtor into bankruptcy. If you have received notice that creditors are attempting to force you to file for bankruptcy, it’s a good idea to speak with a bankruptcy lawyer about your options.

New Bankruptcy Court Fee Schedules

Effective November 1, 2011, a new fee schedule will apply to all bankruptcy cases. The Judicial Conference of the United States agreed on the fee increases in mid-September and will use the proceeds generated to fund Judiciary needs.

Here’s a look at the new fees, the old fees, and what the changes might mean for you.

New Bankruptcy Fees

Most bankruptcy filers’ primary concern is the fee charged to file the bankruptcy petition with the court.

  • Chapter 13 bankruptcy: Formerly $274, the fee is now $281.
  • Chapter 11 bankruptcy: Formerly $1,039, the fee has been raised to $1,046.
  • Chapter 7 bankruptcy: Formerly $299, the fee has been raised to $306.

Luckily for most filers, the total increase in basic filing fees is not drastic; however, some critics of the bankruptcy system have complained that the fees were already prohibitively high for individuals truly struggling to make ends meet.

Other Bankruptcy-Related Fee Increases

In addition to the basic filing fee increases, the Judicial Conference also hiked fees associated with other parts of the bankruptcy process. The services whose fees have been altered include:

  • Certification: Formerly $9, now $11;
  • Exemplification: Formerly $18, now $21;
  • Audio Recording: Formerly $26, now $30;
  • Amended Bankruptcy Schedules: Formerly $26, now $30;
  • Record Search: Formerly $26, now $30;
  • Adversary Proceeding Fee: Formerly $250, now $293;
  • Document Filing/Indexing: Formerly $39, now $46;
  • Title 11 Administrative Fee: Formerly $39, now $46;
  • Record Retrieval Fee: Formerly $45, now $53;
  • Returned Check Fee: Formerly $45, now $53;
  • Notice of Appeal Fee: Formerly $250, now $293; and
  • Lift/Stay Fee: Formerly $150, now $176.

Which Fees Apply to My Case?

Because no two bankruptcy cases are exactly alike, it’s not easy to determine which of the fees listed might affect your bankruptcy case. As a bankruptcy lawyer can explain to you, the complexity and intricacy of your bankruptcy filing can affect the duration and costs of the case, which is affected not only by bankruptcy court fees but often by certain legal fees as well.

One way to keep bankruptcy fees to a minimum is to pay careful attention to the advice you receive from your lawyer. A lawyer may guide filers on what paperwork to prepare, how to complete bankruptcy forms, and otherwise how to proceed with a case.

Taking note of the rules and regulations that govern bankruptcy court early on in the proceedings may prevent you (and the bankruptcy judge, your trustee, or creditors) from having to return to the bankruptcy case to investigate or contest part of the information.

If you are truly unable to afford the fees associated with filing for bankruptcy, you may qualify for a bankruptcy fee waiver, about which a bankruptcy lawyer can tell you more.

Medical Bills and the Reality of Bankruptcy

By Joseph Devine -

The prospect of filing for bankruptcy protection is never appealing. But that does not mean that it is never the right choice. Much of the negative view of personal bankruptcy is wrapped up in social mores and pretenses, spurred along by a healthy dose of misinformation and misunderstanding about the law and the legal and financial implications of filing for bankruptcy. Though it would, of course, be preferable to you and your creditors if you were able to satisfy the terms of your repayment agreement, the economic pressures of life can prevent that, even if you have the best of intentions.

Certainly, an individual has a degree of financial responsibility and culpability in the matter. Willfully and knowingly making purchases with the intent to defraud creditors is inexcusable and may be punishable by criminal and civil actions. Additionally, it is advisable to maintain an open dialogue with your creditors so that you can attempt to keep them informed about your ability or inability to make specific payments. When this becomes impossible, however, bankruptcy may offer the most beneficial path to resolution as it grants your creditors partial satisfaction of a debt and it frees you from lingering financial obligations. Medical bills are by far the most common debt to trigger a personal bankruptcy filing.

Costs and Consequences

The news media and political agents in the United States devote significant attention and discussion to the high cost of healthcare in this country, and as anyone who has had to shoulder medical bills without health insurance can attest there is plenty to talk about. The complex scheme that presently exists, under which insurance companies and medical professionals both have an incentive to overcharge patients and to perform unnecessary tests and procedures has turned even the simplest visits into thousand dollar nightmares.

If you find yourself in need of more substantial medical treatment or care, then it is not out of the question for your medical debt to surpass your student loan or mortgage debt in terms of total value. There is no way that the average person can afford to pay for such expensive care out of pocket, but there is little in the way of forgiveness emanating from most healthcare service providers. A sample of the average 2005 cost of several common procedures can illustrate this quite clearly:

  • Tonsillectomy — $12,355
  • Cardiac Stress Tests — $15,691
  • Circumcision — $5,057
  • Fracture or Dislocation of Hip or Femur — $35,545
  • Amputation of Lower Extremity — $52,306

Knowing Your Options

When you are faced with a seemingly insurmountable medical debt, it is easy to panic. But the longer you take to choose your next step, the direr the situation will become. Knowing your options is valuable, and the Arizona bankruptcy lawyers of the Harmon Law Office, L.L.C., can help to ensure that you are fully aware.

Joseph Devine

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Should You Declare Yourself Bankrupt?

By Conrad Murphy -

Are you considering the possibility of throwing in the towel and filing for personal bankruptcy? Do you find that past efforts to quell your financial misery have been met with resistance or even outright failure? If so, then filing for bankruptcy may be a worthwhile option. It has been said by many astute financial professionals that bankruptcy is often the last hope for troubled debtors that have tried everything in their power to remedy their situations. Although bankruptcy can certainly free you from a portion of your debt obligations, making the decision to file is a serious matter that should be dealt with appropriately.

If you find yourself facing an impossible situation in regards to your ability to pay back your debts, then bankruptcy might be the perfect solution. After all, the process was created to help debtors recover from debts that would otherwise be impossible to repay. Most people can only take so many harassing calls from creditors and threatening late payment notices before they eventually crack under pressure. Fortunately, filing for bankruptcy will put an immediate stop to these tactics, allowing you to get on with your life and to begin the financial repair process.

While bankruptcy can provide great relief in terms of freeing your from certain financial obligations, filing does come with its own set of consequences, many of which are quite substantial. As such, the following consequences should be considered carefully before you file -

• Your valuable assets will be put at risk once you initiate the bankruptcy process. Before you can be qualified to file, you will be required to submit detailed information related to any assets that you own. There are several reasons why this information is collected, though one of the primary reasons is to provide your creditors with information that they can use to seek repayment. What this means is that your assets can be liquidated in order to pay back a portion of your debt.

• The process itself will last up to 8 years and will essentially destroy your credit during that time. Though rebuilding your credit during bankruptcy is possible to some extent and definitely possible afterward, doing so will be challenging. It will also be quite difficult to secure any form of desirable financing during the duration of your claim.

As you can see, there are many reasons why you should take the time to ensure that bankruptcy is the right decision for you. Even though it may seem as though you need to make an immediate decision regarding your troubled finances, it’s worth your while to take the time to properly evaluate your options.

Are you looking for more information on how to declare yourself bankrupt?

If so, please click here: http://claimingbankruptcy.net

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What Is The Best Way For Filing Bankruptcy?

By Jon Arnold -

Many people are trying to get through overwhelming mounting debt without filing bankruptcy. We are living in difficult times, and plenty of people have lost their homes because of job losses. The economy is so unstable, and filing bankruptcy seems like a quick solution.

There are many different ways to deal with these financial situations without filing bankruptcy. That one choice is only an option after you have eliminated all other debt relief solutions. Bankruptcy comes with negative effects to your credit score, which can last for as long as ten years.

Some people do not meet the requirements, and cannot discharge all their debts. Some homes, or other personal assets receive protection when filing bankruptcy but the process itself is not necessarily a protection guarantee. A bad credit rating can cause you many problems for a long time. Debt relief programs, and payday loans are some alternatives to you feeling that you need to declare bankruptcy. They will negotiate a loan at a lower interest rate for all your debts, which you can pay back with a single monthly payment. These loans lower the payment amount by combining all your debt into one loan amount. These programs are worth researching before you decide to file for bankruptcy. They could be a better option for you.

If you think that bankruptcy, may be a better choice for you, then you owe it to yourself to meet with a bankruptcy attorney. Bring along a list of all your creditors, and the amounts that you owe. The lawyer will decide if you are eligible, and whether you have a valid claim. Make sure that you ask about all costs and any effects of bankruptcy. After he has discussed the various types of bankruptcies, he will then file your claim, if any of the options he has presented would not work for you for whatever reason. The court appoints a trustee to review your claim. In a few months, you will meet with the court trustee who will make a determination as to whether or not he will discharge your debts. If he decides your claim is valid, then within a year, you will receive a final document, discharging your debts. Be aware, creditors cannot harass you once you have filed a claim. When you hire a lawyer, filing bankruptcy is easier.

Too many people are way too quick to think that they need to go through the process of filing bankruptcy when they really have not looked at all their possible and available options, almost all of which are much better than bankruptcy, especially considering the long term negative impact of bankruptcy on your credit rating. For more information and to get a free bankruptcy evaluation from an experienced lawyer local to you, please visit our web site at http://www.bankruptcy-data.com

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How to Rebuild Credit and Recovery from Personal Bankruptcy

By Natalie Aranda -

Many of us have had a few bumps in our credit before, but overall they didn’t affect our credit scores too much. Then, there are those folks who have had serious credit problems and even filed for personal bankruptcy. For these people there is help out there, including Arizona bankruptcy lawyers and Phoenix bankruptcy lawyers.

Most people that have a personal bankruptcy need a lawyer to help them improve their credit while there are others who can salvage their credit score through hard work and dedication. The following tips will help you rebuild your credit and recover from personal bankruptcy.

First of all, you need to make sure you make all of your payments on time. When you make your payments on time you will be on your way to improving the effect of personal bankruptcy on your credit report. Having a late payment here or there will smudge your credit report a bit, but chronic late payments and missed payments will really have a negative impact. If you have a bankruptcy on your credit report and are trying to recover from it then it is even more important for you to make a fresh start with your credit and make all payments on time.

The next tip is to keep the amount of debt you have as low as possible. You want there to be as much room as possible in your debt to credit ratio. That way when creditors look at your credit report they can see that although you have a previous personal bankruptcy on your credit report you are now managing your credit responsibly.

Another suggestion is to keep your old lines of credit open instead of closing them. This sounds pretty crazy because you want to close as many accounts as possible to control your spending. However, when you close those accounts you will negatively impact your credit score because your available credit limit will be impacted, and this affects your credit score.

As you can see just because you have a personal bankruptcy does not mean that you will never be able to get credit again nor does it mean that you can’t improve your credit report. So, take the tips suggested above and implement them. Then keep track of your credit score on a regular basis to see how your credit score improves every month!

Natalie Aranda is a freelance writer. Many of us have had a few bumps in our credit before, but not many in Arinoza has talked to Phoenix bankruptcy lawyers. Then, there are those folks who have had serious credit problems and even filed for personal bankruptcy. For these people there is help out there, including Arizona bankruptcy lawyers and Phoenix bankruptcy lawyers. Then keep track of your credit score on a regular basis to see how your credit score improves every month!

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The Myths and Facts about Personal Bankruptcy

By Natalie Aranda -

Personal bankruptcy is a very undesirable situation. Often caused by sudden changes in your financial situation due to medical emergencies, unemployment, excessive debt or divorce, filing for personal bankruptcy should be considered as a responsible step towards regaining financial freedom. If you are considering filing for personal bankruptcy, here are some of the myths and facts about it.

Myth #1: You can not file for Personal Bankruptcy.

Contrary to this myth, changes made by the US Congress in 2005 allow any debtor to file for personal bankruptcy. Bankruptcy is also governed by state laws. If you file bankruptcy in Arizona, Arizona bankruptcy lawyers and Phoenix bankruptcy lawyers can help you determine whether you qualify for a Chapter 7 (liquidation of assets) or Chapter 13 (re-organization) bankruptcy.

Myth#2: Filing for Personal Bankruptcy is embarrassing.

If you do not file for bankruptcy, it will actually be even more embarrassing to be hounded by your creditors. Taking charge of your financial situation and owing up to your responsibilities is actually admirable and should be something to be proud of.

Myth#3: You will always have a bad credit score.

If you must know, the completion of personal bankruptcy proceedings will clear all previous credit record allowing you to begin with a new and clean slate. Many Phoenix bankruptcy lawyers and Arizona bankruptcy lawyers can guarantee this based on their extensive experience.

Myth#4: You can only file for personal bankruptcy once in your lifetime.

If you filed for a Chapter 7 bankruptcy, you will need to wait a period of 8 years before you can file for the next Chapter 7 bankruptcy. On the other hand, you can file for a Chapter 13 bankruptcy as often as your situation requires.

Myth#5: Personal bankruptcy means losing everything you have.

On the contrary, bankruptcy is designed to protect a debtor from losing all assets and at the same time find a way for all the debt to be settled. Phoenix bankruptcy lawyers and Arizona bankruptcy lawyers can provide you with the right information so that you will not end up losing any of your precious belongings.

Myth#6: Filing for personal bankruptcy is hard and impossible.

Anyone can file a personal bankruptcy. You will have no difficulties at all. If you want, you can hire Phoenix bankruptcy lawyers and Arizona bankruptcy lawyers to help you every step of the way.

Personal bankruptcy is a serious but effective solution to your financial problems. Before you file for one, make sure that you have explored all available bankruptcy alternatives.

Natalie Aranda writes about laws and family. Personal bankruptcy is a very undesirable situation. Often caused by sudden changes in your financial situation due to medical emergencies, unemployment, excessive debt or divorce.Bankruptcy is also governed by state laws. If you file bankruptcy in Arizona, Arizona bankruptcy lawyers and Phoenix bankruptcy lawyers can help you determine whether you qualify for a Chapter 7 (liquidation of assets) or Chapter 13 (re-organization) bankruptcy. Looking into local yellow page, you’ll have a long list of Phoenix bankruptcy lawyers to choose from.

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