May 21, 2012

How Bankruptcy Saved Detroit

Presidential hopeful Mitt Romney says that the reason America's Big Three automakers have bounced back since the recession is due to bankruptcy, not bailouts.

In an interview Friday with the CBS Early Show, Romney repeated the stance he took in a 2008 op-ed piece in the New York Times at the height of the bailout talks - that filing bankruptcy is a responsible step to take when faced with financial hardship.

"The right process for an enterprise in trouble is not to be given free money from the taxpayers with a bailout, but instead go through a bankruptcy process, reorganize debts, and reduce costs and come out stronger," Romney told CBS's Erica Hill Friday.

Of the three major Detroit automakers, General Motors and Chrysler both filed Chapter 11 bankruptcies in 2009. Both also received bailouts from the U.S. Government, funded by tax payers. Only Ford survived the recession without turning to bankruptcy or receiving a bailout, and instead secured a line of credit to help them bridge the recession's gap in sales.

So how did bankruptcy help Detroit? While bankruptcy can be complex, especially for corporations, it offers a very clear benefit: a reorganization of debts into a more affordable plan. In the case of a Chapter 11, business can also renegotiate contracts, sell off unnecessary assets, receive some debt forgiveness, and reorganize as a new business entity. This is typically favored over Chapter 7 bankruptcy, as it allows the business to stay in operation during and after the bankruptcy.

Bankruptcy allowed GM and Chrysler to shed off the obligations that were keeping them from being truly innovative, and reorganize as a new entity that could focus on a successful future, Romney argues. And while the two automakers did receive bailout funds, having gone through bankruptcy first left them in a better position to capitalize on the investment by taxpayers. Both GM and Chrysler have repaid significant portions of the bailouts.

Romney also takes credit for the situation, saying that his 2008 New York Times piece convinced Obama to hold off on an immediate bailout.

"So I'm very proud of the fact that, in fact, we called it like it was, and that is these companies needed to go through a bankruptcy process, come out through bankruptcy, go back to work, get jobs for the people who had would otherwise have lost jobs if these companies just trailed on down," he told CBS.

"And by the way, we could have saved billions of dollars had we moved to bankruptcy from the very beginning."

New Solutions for Those with Mortgage Woes?

These days, many Americans are desperate to stay on top of mortgage payments, and are considering unorthodox ways to pay the bills. apparently, when a company called Adzookie offered to pay people’s mortgages for up to a year if those people would display large advertisements on their homes, applications flooded in by the thousands, as a recent report from Credit.com details.

The deal reportedly works like this: if you apply and are accepted into the program, Adzookie will paint advertisements on your home and pay your mortgage for three months (with a chance to renew for another nine if the ads remain in place).

While that may sound like heaven to some struggling homeowners, only a handful of people will be selected for this deal. So what can the rest of us do?

Finding Affordable Housing

Because of the tight standards of many refinancing programs, few homeowners are able to qualify. So that might mean a few things, one of which could be giving up a mortgage (whether with the help of personal bankruptcy or not) and renting for a while.

So how can you find affordable rent? By following these steps for negotiating:

  • Know the area: Figure out what people are paying for apartments in the neighborhood you want. In addition, try to determine whether there are more apartments than tenants or vice versa. If there are lots of vacancies, you have a better chance of negotiating a deal. You can do this by scouring local postings and asking people who rent nearby.
  • Consider amenities: Determine whether your potential apartment is bare-bones or all-inclusive. The former may provide you better negotiation opportunities, but make sure you’re able to find necessary services nearby—if you have to haul your laundry across town every time you’ve got dirty clothes, a small rent savings might not seem worthwhile in the long run.
  • Prove yourself: Offer to show to a potential landlord a strong credit report, a reference from a previous landlord or proof of steady income. A landlord who views you as a good credit risk is more likely to cut you a deal because she’ll be less likely to have to chase you down for rent or lose money on you.
  • Think outside the box: Offering to sign a lease longer than one year (which saves a landlord the work of finding new tenants), pay ahead of the due date (which saves a landlord worry and possibly money loss) or move in whenever works best for a landlord can all give you leverage in negotiations, as all these circumstances tend to ease a landlord’s financial (and worry) load.

Bolster Your Finances: Prepare for Illness or Injury

While the exact numbers fluctuate from year to year, it’s common in the United States for bankruptcy filers to indicate that an unexpected injury or illness was a contributing factor to their decision to turn to bankruptcy protection to get a fresh start on their finances. So how can you prepare for such an event?

Think about Sickness When You’re Healthy

The first step to prevent an illness from becoming a financial disaster is to take a little time to think about what an illness would mean for you—right now, while you’re still healthy (hopefully).

  • Work time: If you have limited sick leave and/or vacation days, an extended leave of absence (or even one lasting longer than a few days) could mean taking time off without pay and/or risking job loss. To prevent such a calamity, figure out whether you could logistically work from home. If so, figure out specifically how it would work and set aside time to propose the plan to your boss. The proactive stance will not only let you know where you stand but show your commitment to your workplace.
  • Provisions: On a very basic level, serious sickness or injury may mean that you can’t get out of your home for a few days. If you live alone, that could mean you’d have to survive on the stuff in your shelves—so make sure you’re stocked with nutritious non-perishables so you don’t have to revert to expensive, non-nourishing delivery meals during your illness.
  • Caretakers: While some sicknesses pass quickly enough and let you get back to your life, others require outside help even after you feel relatively normal again (think broken arms or legs). If you don’t know any of your neighbors and aren’t friendly with anyone at the office, you may want to make the effort to get to know a few people. A friendly neighbor might offer to run to the grocery store or pharmacy for you, and a close coworker can help you as you ease back in to office life.
  • Money: This is the tricky part. The cost of medical bills, especially for major illnesses, can be daunting. But that’s all the more reason to start a savings account specifically for emergencies, if you haven’t already. Some financial analysts recommend socking away six months’ expenses, but if that sounds overwhelming, just focus on putting away some money from every paycheck. Eventually, small amounts will add up and you’ll benefit from the peace of mind that comes with knowing an illness won’t throw you into a nasty debt spiral.

Remember: you won’t feel like dealing with the details of sickness when you have the flu, so take a few healthy hours of your life to plan. If and when that pesky sickness shows up, you’ll be grateful you did.

Additional Resources

Medical Debts and Bankruptcy Filings

Medical Bills and Bankruptcy

Mortgage Foreclosures & Delinquencies

In light of some mixed news about housing and foreclosure for the second quarter of this year, the outlook isn’t too rosy for the short-term future of the nation’s real estate market, a recent New York Times article notes.

Here’s a look at some of the numbers released recently by the Mortgage Bankers Association and various government organizations and what they might mean for the housing market:

  • According to the MBA, the number of homes currently in some stage of foreclosure fell in the second quarter of 2010, marking the first such decline since 2006.
  • Sources note that foreclosures on subprime loans may have already peaked and are likely now dropping off; however, it seems that prime loans are now in danger of default, partly because of continued high unemployment.
  • Mortgages that are 90 days past due (considered to be in “serious default”) accounted for 9.11 percent of all loans in the second quarter, a drop from 9.54 percent in the first quarter of this year.
  • Sources note that existing home sales in July 2010 were 26 percent lower than they were in July 2009.
  • Sales of new homes, it seems, were down 32 percent in July 2010, compared to a year earlier, apparently making the month the slowest on record (with stats going back to 1963).
  • As many as seven million households were behind on mortgage payments in July, according to sources (down from the high of eight million, reached about eight months ago).
  • Numbers suggest that banks and lenders are starting to clear the foreclosure logjam: in July, 279,685 foreclosures were started, an increase from 225,700 in June.

Clearly, these numbers don’t exactly point at recovery in the housing market—and some analysts have reportedly predicted that as many as four million American families could lose their homes to foreclosure before the crisis eases.

And such a high rate of foreclosures could have a seriously detrimental effect on the overall economy:

  • Less money, less spending: Consumers who are struggling to make mortgage payments are likely to spend less in other areas, meaning that consumer-supported economic growth may be weak.
  • More foreclosures, more houses: As banks start foreclosing on homes, more vacant properties will flood an already saturated market.
  • More houses, lower prices: This inundation of homes will mean that supply is far higher than demand, and could lead to further drops in housing prices.
  • Lower prices, more underwater mortgages: As home values continue to decrease, more borrowers will likely find that they owe more on their homes than those properties are currently worth.

There is no clear end in sight for this cycle of foreclosure.

Additional Resources

Home Insecurity

How to Steer Clear of Car Loan Scams

As consumers continue to struggle under the weight of a lagging economy, many Americans are trying to refinance their car loans.

Unfortunately, scammers have taken notice and are increasingly trying to bilk people of their hard earned cash. According to Rosemary Shahan, the president of Consumers for Auto Reliability and Safety, car loan scams are a “problem just about everywhere.”

Shahan recognizes that many people are able to refinance their car loans, but warns that “the way to do it isn’t to go to these companies who are out there advertising, ‘We can miraculously get you out of this excruciatingly bad deal.”

A recent article from MarketWatch provides some tips aimed at helping you avoid car loan scams:

  • Choose wisely: If you want to refinance your loan, don’t opt for a group that heavily advertises its miraculous refinancing abilities. Instead, choose a safer organization, like a credit union or nonprofits like the Consumer Federation of America, or the National Foundation for Credit Counseling.
  • Speak with your lender: Since no lender wants to go unpaid, they are often willing to work with you to adjust your payment plan. According to the Better Business Bureau, lenders will often assist you by stretching your payments over a longer period of time.
  • Get it on paper: If a loan reduction company offers you any promises, make sure to get them in writing. Other things to get in writing include the services they will provide, the costs of those services, and promised money-back guarantees.
  • Do your homework: Your local Better Business Bureau likely offers reports that reveal how many complaints have been filed against a particular lender and whether that company has been the subject of any lawsuits.
  • Shy away from up-front fees: If a company demands that you pay large fees before they provide any services, they may be violating state law. Many states have outlawed this kind of behavior. Even if up-front fees are legal in your state, the practice could still be a scam.

An Alternative to Refinancing

If you cannot make your car payments, but are reluctant to adjust the terms of your loan, there are alternative steps you can take to ease your financial pain.

One helpful alternative may be to simply sell your car. Sources indicate that use-car prices are pretty high right now since last year’s cash-for-clunkers program removed a lot of used cars from the market.

So, you may be able to sell your current car and purchase a cheaper one with more reasonable payment terms.

If, however, your car loan is the least of your financial problems, and you need someone to talk to about your struggles, consider calling a personal bankruptcy lawyer.

Debt after Death: What Happens when a Debtor Dies

What happens to your debt after you die is not a topic that’s likely to come up on its own at the dinner table, but it’s a good idea to talk about this matter anyway. It’s important for you and your loved ones to know when you’re responsible for each other’s debts post-mortem—and when you’re not.

A recent post from WalletPop.com offers an outline of what to expect after the death of a family member who owed money. Here’s a summary.

  • Can debt be inherited? In most cases, debt does not automatically pass from one family member to the next, according to sources. That means that, if you receive a letter from a creditor demanding payment on a loved one’s debt after his demise, it’s a good idea to do some research before paying.
  • Debt in community property states: One of the exceptions to the above rule has to do with state law. If you live in a community property state (find out here), you can inherit debt from a dead spouse (but not from a sibling or parent).
  • The link between debt & inheritance: Another exception involves the relationship between a person’s debts and her legacy. If, for example, a parent dies and leaves you money or a house in addition to consumer debt, you’re legally obligated to pay the debt before collecting the inheritance.
  • What about debt from a co-signed loan? If you co-signed a loan for a family member or friend and that person passes away, you are responsible for paying the remainder of the loan.

How to Know if You’re Responsible for a Debt

One unfortunate truth about debt and death is that some creditors might try to collect on a debt whether or not it’s legal for them to do so. Worse, some scam artists may specifically target survivors in an attempt to trick them into paying money they don’t really owe.

If you’re mourning a loved one, the last thing you likely want to deal with is finances, but following these guidelines might help protect you from fraudsters:

  • Avoid sending a creditor any money at all until you’re sure that you are actually responsible for repaying a debt.
  • To determine your obligations, ask the creditor to send you written documentation of the debt’s original purpose, the terms of the debt and the exact amount currently owed.
  • If possible, consult an attorney to help you work through the complexities of covering debt’s after a loved one’s demise.

Study: Credit Card Application Disclosures Improving

Here’s some good news from the world of credit: according to a study conducted by the web site CardHub.com, the language on applications for credit cards has improved in clarity in recent years. Specifically, the transparency and completeness of disclosure of a credit card’s terms in the large print has gotten better.

The study looked at several elements of a credit card agreement, including these:

  • Clarity on rewards: This category rated how easy it was to interpret and apply rewards points.
  • Clarity on annual fee: Here, the study looked at whether issuers displayed the annual fee prominently or hid it among other pricing details.
  • Clarity on cost of carrying a balance for new purchases: This section looked at the clarity of introductory interest rates and APRs for new purchases made with the card (i.e. not balance transfers).
  • Clarity on cost of making a balance transfer: Here, the study examined the ease of finding how much it would cost to transfer balances from one credit card to another.

The study based its clarity ratings on whether or not the researchers had to click to various pages before finding the information they wanted, whether they had to sift through fine print and whether information was clearly visible on the page.

The Findings

If you’re interested in applying for a new credit card, the study may be worth checking out, as it includes detailed scores for cards put out by the top ten issuers in the U.S. Overall, the study found these trends:

  • Transparency is improving on annual fee disclosure: Whether because of new regulations introduced by the Credit CARD Act or other motivations, it seems that most card issuers have improved the clarity with which they explain the annual fees associated with their cards. Annual fees have apparently become more popular since the passage of the CARD Act, which limits overdraft fees.
  • Transparency is still poor for balance transfers: One area in which many cards reportedly need improvement is information about transferring balances from one credit card to another. While balance transfers can be used to lower interest rates and thus help pay down debt, they often come with fees and unclear terms, which can make them more trouble than they’re worth.
  • Cash-based rewards are easiest to understand: Another area where card issuers fell short of the transparency mark was on disclosing how rewards points and miles work and what exactly they’re worth. Because of this lack of clarity, the researchers recommend cash-back rewards as the most effective kind to use.

What might all of this mean? Hopefully, it will mean people are better informed about using their credit cards and able to manage their finances more effectively—and possibly reverse the trend of unmanageable credit card debt and filing bankruptcy that the country has seen for decades.

Additional Resources

The Credit CARD Act of 2009

Dealing with Debt Collectors: What Not to Do

As the Great Recession continues to take its toll on the economy and employment landscape, millions of Americans are finding themselves struggling to manage and eliminate their debt. But that’s rarely an easy task, especially during high-stress interactions like contact from a debt collector.

It’s important to remember that, even though you owe someone money, you still have rights: you can and should expect to be treated respectfully by collectors and, no matter how much pressure one puts on you, there are a few things that analysts suggest you should avoid.

Here’s a look at some of those no-nos, adapted from this article:

  • Sending a post-dated check: While it may be tempting to get a debt collector off your back by sending a post-dated check to cover what you owe, sources indicate that it’s generally not a good idea. Why? Some collectors, it seems, have been known to deposit such checks early, and most banks permit them to do so. This could leave you with bounced check fees and other unpleasant matters to deal with if you don’t have sufficient funds in your account.
  • Divulging your bank account number: No matter how much money you owe, debt collectors are not legally entitled to your bank account number or other sensitive financial data. Even if you decide to make regular payments from a certain account, opt for a money order or a cashier’s check from a bank other than your own. If you’ve already given out an account number, keep a careful eye on the activity in that account and be prepared to challenge any withdrawals you haven’t approved.
  • Indicating that you’ll be applying for a loan: Sometimes, before applying for a loan, consumers attempt to clean up their credit reports by paying old debts and trying to get rid of other negative information. But letting a collector know what your goals are can work against you—instead, if you choose to contact a creditor, ask him to verify a debt in writing. Then, ask for written proof that he will remove the negative information from your credit report after you’ve paid; once you receive that proof, you can repay the debt.

The difficult economy has meant that more Americans than ever are struggling with day-to-day expenses, and the FTC noted that complaints about debt collectors rose by 12 percent in 2009 and outnumbered all other complaint types.

For a more detailed look at what you can expect, check out this page on your consumer rights with debt collectors. Further, know that debt collectors cannot legally contact you:

  • To collect debts whose statute of limitations has passed;
  • To collect debts that have been discharged in bankruptcy; or
  • To collect debts while bankruptcy’s automatic stay is in place.

Back to School Doesn’t Have to Break the Bank

Each year, retailers and shoppers alike anticipate back to school sales with the intense focus of a professional athlete. This focus is a result of the high stakes of the event, as reports show the average family of four spends almost $600 getting their children prepared for school.

Even worse, the weakened state of the American economy has heightened the anxiety with which consumers approach late summer shopping. Fortunately, there are ways ensure that you don’t have to break the bank while shopping for school necessities.

To help frustrated consumers, the Sacramento Bee recently provided some wise strategies to carefully budget your school shopping.

Take Your Time

Don’t feel pressured to buy every single item your child needs before the first day of school. There may be some supplies you can buy later at a reduced price, as stores look to unload their excess inventory. Ask your child’s teacher which supplies can be purchased at a later date.

In addition, you don’t need to buy all your child’s clothes before school starts. According to the article, many fall clothes go on sale in October as stores clear their shelves for the holiday rush. This also gives your kids a chance to make crucial fashion decisions at their own pace.

Coupon, Coupon, Coupon

It sounds simple, but coupons can help you shave substantially costs off your back to school shopping. Many Americans are now reducing their debt by actively seeking coupons to use when they shop for basic necessities.

Today, with the aid of the Internet, finding coupons has never been easier. Some helpful coupon websites include CurrentCodes.com, dealcoupon.com, Becentsable.com, and Retailmenot.com.

Check Your Supplies First

Before rushing headfirst into new purchases, check your closets and cabinets for supplies that may save you the cost and hassle of making new buys. If you have enough old binders and pencils for a small army, recycle those instead of buying new items that will add to the clutter.

This strategy also applies to clothes, but may be less helpful since children grow out of old garb so fast. Fortunately, no one outgrows pencils and pens.

Make a Budget

Set a detailed budget before heading to the mall, and stick to it. Also, don’t be afraid of sharing this budget with your children. By creating a set budget, and meeting its limits, you will be able to protect your wallet while giving your children an important lesson in the benefits of sound financial planning.

Plus, by turning your search for school supplies into an opportunity to improve your children’s financial literacy, you will be giving them a valuable education well before the first school bell rings.

Families Struggle with Skyrocketing College Costs

If you think college costs are on a rapid ascent, recent statistics released by Sallie Mae and Gallup support your belief. According to reports, the average cost of college attendance rose a staggering 17 percent in 2010.

Just how much are costs rising? Sources indicate that the average costs of college attendance increased roughly 30 percent for families making between $100,000 and $150,000. In addition, those in the $35,000 to $100,000 income bracket experienced a 20 percent jump in college costs.

In order to pay college tuitions, parents and students are borrowing an increasing amount of money, as well as using more of their personal income.

How are Students Paying for College?

The survey revealed some interesting figures on how Americans are paying for
college:

  • In order to pay for school, 73 percent of Americans say they have reduced other spending, 48 percent have increased their hours at work, and 43 percent of families say their student has lived at home in order to reduce housing costs.
  • According to the report, which polled more than 1,600 parents and students, parents paid for 37 percent of the total cost of college attendance. Of this total, 10 percent was through loans, and the rest was given from current income.
  • On the other side, loans secured by students covered 14 percent of the cost of college, and student income and savings accounted for 9 percent of spending.
  • The second largest source of college payment came from grants and scholarships, which accounted for 23 percent of overall college funding.

These numbers show that most families have to dip into numerous sources to cover the cost of higher education.

Consequences for Personal Finances

The statistics above show how college costs are apportioned among various parties. What they don’t reveal is the impact rising costs have had on the personal finances of both parents and students.

  • Last year, the average amount of money parents paid from their personal income and savings rose 26 percent to $8,752, up from the previous year’s total of $6,934.
  • Further, while the average amount parents took out in college loans this year rose 27 percent to $2,261, up from $1,775 in 2009.
  • The amount of income and savings students had to use for college costs jumped 16 percent to an average of $2,314.
  • Student loan borrowing jumped 25 percent to an average figure of $3,396.
    In order to secure financial aid, experts advise that all families should fill out a Free Application for Student Aid form each year. Surprisingly, 13 percent of families were not aware of this form, according to the survey.

If college costs have sunk your personal finances, filing bankruptcy may help you recover from collegiate sticker shock.