May 18, 2012

Bankruptcy Provision aside, Consumer Protection Passes House

Late last week, the U.S. House of Representatives voted to approve a bill that introduces a spate of consumer protection measures.

The amendment that would have permitted homeowners to address foreclosure in bankruptcy by altering the terms of mortgage loans (in what’s known as “cramdowns”), though, did not make the cut.

Provisions of the Bill

The Wall Street Reform and Consumer Protection Act, as it’s known, includes the following provisions:

  • Mortgage lending reform: The bill would outlaw the type of predatory lending that allowed for the subprime boom and subsequent bust. Essentially, the bill requires mortgage lenders to lend only what their borrowers can repay.
  • Increased consumer protection: It creates the Consumer Financial Protection Agency, a government group proposed earlier this year whose job would be to protect Americans from unfair financial practices and fraud of all stripes.
  • Amped up oversight: The Financial Stability Council, another provision of this bill, would identify firms that are intrinsically risky and increase monitoring and oversight of these to prevent widespread financial crises.
  • Bailout replacement: If this bill becomes law, taxpayer bailouts will be a thing of the past, because it includes orderly measures for closing firms that are “too big to fail.”
  • Limits on executive pay: In addition to giving regulators an opportunity to halt what seem to be questionable payment policies, the bill would give shareholders a chance to weigh in on the salaries and retirement packages of a firm’s executives.
  • Increased investor protections: The bill would increase the power of the Security and Exchange Commission (SEC) and mandate an examination of the securities industry to determine what reforms are needed.
  • Regulations on derivatives: All-new regulations would be instituted for the derivatives market, which reportedly has a value of at least $600 billion.
  • Hedge fund registration: Those who run hedge funds would have to register with the SEC and comply with regulatory guidelines to minimize risk for investors.

What Happens Now?

At this point, the bill will move on to the Senate, where it could be modified before becoming law, perhaps with a new bankruptcy amendment.

But, in the words of Speaker Nancy Pelosi, the bill “sends a message” to Wall Street and consumers about a new era of protection.

Additional Resources

Full Text of HR 4713 (PDF)

What Are Some of the Laws on Bankruptcy?

By Steven Tikas –

Going through a bankruptcy might be an exhausting experience but it does not have to assume control over your entire money life. The majority that are coming right off a bankruptcy immediately think that they can not qualify for a loan, and the majority think that while the bankruptcy mark is on their credit history there’s not any way that they may each be in a position to be accepted for any sort of loan or line of credit.

This type of thinking is not correct though as you can get a bankruptcy loan even if you filed for chapter 7 or chapter thirteen as long as you can take the right steps to mend your credit and apply to the right banks. Many folks are particularly concerned about getting a car loan after bankruptcy as it would appear the present level of thinking is that car loan banks have tougher policies when it comes to approving a borrower that’s coming off a bankruptcy.

It may be harder to get a vehicle loan after bankruptcy, but it will in no fashion be really troublesome, and the earlier you are prepared to put the time in to make the acceptable enhancements to your credit the faster you may be in a position to get your car loan. Automobile loans are like other sorts of client loans in that they’re based off your credit and revenues. At the end of the bankruptcy period, most debt are discharged. How long does bankruptcy last? Bankruptcy often lasts for one year.

Bankruptcy lawyer. Your discharge could happen earlier if you co-operate entirely with the Official Receiver. In a low number of cases and if you have behave irresponsibly, bankruptcy can go on for much more than one year. Payment becomes the responsibility of the trustee.

When you begin to make these sort of payments on time each month your credit should begin to climb and you must then be ready to apply to even some of the more credible banks.

If you would like help with Bankruptcy Laws or many other legal issues please check out my site Dallas Lawyer Help.

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The Flip Side of the New Bankruptcy Law

By Matthew Keegan -

Congress passed and the president signed legislation earlier this year that made filing for personal bankruptcy a much more difficult proposition. At the urging of the financial industry – particularly credit card providers and banks – the new legislation was drafted and approved setting the stage for stricter requirements governing personal bankruptcy. There is a flip side to the new law, one that is actually hurting creditors more than they ever expected; please chuckle with me as you learn just what that other side is.

When President Bush signed legislation making personal bankruptcy a more difficult proposition, credit card providers and banks hailed it as a significant move to reduce the number of deadbeats skirting their financial obligations by filing for personal bankruptcy. The mood, however, has quickly shifted for creditors as an ugly flip side to the new bankruptcy law has reared its head: people are paying off their debt faster than ever before! Realizing that there is no second chance with the new law, consumers are reacting in fear and paying off their debts. So, why is this ugly for creditors? For two reasons:

1. Consumers are not using their credit cards as much, therefore their debt levels are now lower.

2. Consumers are paying off existing debt at faster rates than have ever been seen before.

The result? Less income for the creditors as consumers have wised up. MBNA and Capital One, two huge credit card providers, are seeing their profits sink. Other credit card providers are reporting similar results. Highly dependent on your desire to run up debt, these companies are now seeing their profit margins drop sharply. In a nutshell: high consumer debt equals big profits; low consumer debt levels equals low profits.

I am sure by now you are having the same chuckles as I am. Keep on laughing by paying down your debt and by purchasing what you want with cash. Oh, by the way, ignore the increased flood in your mailbox of credit card solicitations: you don’t want to change the mood of the financial community, do you?

Matthew Keegan is the owner of a successful article writing, web design, and marketing business based in North Carolina, USA. He manages several sites including the Corporate Flight Attendant Community and the Aviation Employment Board. Please visit The Article Writer to review selections from his portfolio.

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Chapter 7 Bankruptcy Procedure

By Peter Gitundu -

Chapter 7 bankruptcy law is also known as liquidation. It allows the debtor to pay off debts by selling his assets and dividing the proceeds among his creditors. A special court officer known as a trustee is appointed. In the states of North Carolina and Alabama, he/she is known as the bankruptcy administrator. These two have the same responsibilities of monitoring the filed cases and supervising the activities of the debtor and the creditor

Cases under this chapter begin with the debtor filing a petition in court. They must also submit financial records to back up the need of filing a petition. These records include a current balance sheet, an income statement and a financial statement. They must also submit a summary of tax payment to the trustee.

The court, once a petition has been filed charges some fees. These fees are paid to the court clerk once the petition has been filed. However payment may be paid in not more than four installments and the full amount should be completed by the end of four months. These fees are meant for paying the trustee’s surcharge, miscellaneous court charges and also the filing fee. In cases where the debtor is not in a position to pay the fees even in installments, the court may decide to waive the charges completely.

Once the court charges have been fulfilled, one has to fill out a form. This bankruptcy form shows a list of creditors, the amount and frequency of the debtor income, a net amount of living expenses and assets that the debtor has. They are what determine the kind of ruling the jury will give.

Peter Gitundu Researches and Reports on Bankruptcy. For More Information On How To Deal With Bankruptcy, Read More Of His Articles Here DEALING WITH BANKRUPTCY You Can Also Add Your Views About How To Deal With Bankruptcy On His Blog Here DEALING WITH BANKRUPTCY

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Key Disadvantages of Bankruptcy

By Chris Blanchet -

Without fully understanding the disadvantages of bankruptcy, a lot of people will file for the “protections” it offers. In most cases, filers believe that bankruptcy clears the slate. Without a complete knowledge of bankruptcy provisions, a lot of borrowers actually find themselves in a deeper financial rut than before they filed. After all, as a last resort, bankruptcy was created to penalize everyone involved, including you. With that in mind, you should have a thorough understanding of the disadvantages of bankruptcy before you file.

As a leading disadvantage of bankruptcy, the fact that a discharge will not always clear all debt is one that is often overlooked by borrowers. That’s right; in some cases, even after a trustee has liquidated your assets and repaid creditors, you could still owe others whose debt was exempt from the bankruptcy discharge.

Another disadvantage of bankruptcy is that you not only lose your existing property, including (in some cases) real estate, automobiles, investments and other personal belongs, but your rights to future property. In most cases, “future property” can include winfalls such as an inheritance.

Where Chapter 7 is considered, you will need to be committed to your decision for at least seven years. This is because a bankruptcy discharge is irreversible, meaning you cannot repay any unpaid debt after the bankruptcy has been discharged. As a result, your credit score will suffer and most lenders will not entertain granting you additional credit, even if you have the means of repaying that credit several times over.

Chapter 7 bankruptcy can be filed for almost any amount of debt. The one restriction is that debtors cannot file another petition within six years of their last bankruptcy discharge.

Another often-overlooked disadvantage is that bankruptcy will take a mental and physical toll on filers. Since a discharged bankruptcy creeps up regularly over time, a discharge can actually have traumatic effects on filers.

In many cases, the stress from bankruptcy will result in relationship problems, including martial breakdown and divorce. Ultimately, this worsens the financial impact of bankruptcy, leaving bankrupt individuals feeling even more beaten down and defeated. Such relationship stress can also lead to problems within shared social circles and, not surprisingly, bankruptcy also increases the probability of substance abuse. In fact, the feelings of “loss” are greatly enhanced among bankrupt individuals.

Such feelings of loss, defeat and trauma often make managing regular relationships with other family and friends difficult. The difference in opinion among friends and family, combined with the feelings of guild and shame, often alienate bankrupt individuals from those who have been closest to them.

Despite the disadvantages of bankruptcy, some advantages exit for borrowers who are overwhelmed by tremendous debt loads. One of the biggest advantages is that borrowers who are looking to file for bankruptcy must enroll in a credit counseling program. This program can teach many borrowers how to manage their finances and, in some extreme cases, can help borrowers avoid bankruptcy altogether. However, when there are no other options available, borrowers should consider bankruptcy… as a last resort.

Chris has more than 16 years of experience in the financial services industry, having helped thousands of clients fix their personal finances. As the author of the Help Fix My Finances e-book, he contributes Debt Consolidation Opinions at Debt Consolidation Opinions.com and maintains a debt-free blog at HowToRepayDebt.com.

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Donald Trump and Bankruptcy

By Andrew Sarski -

Historically in the United States, bankruptcy is a term that has carried an extremely negative connotation.  Those who file for bankruptcy protection are seen, mostly by themselves, as failures who could not meet their monthly obligations.  Unfortunately, this is almost always an inaccurate way to think about and approach bankruptcy, as you’ll see below.

Donald Trump

When people think of successful businessmen in the United States, many will either immediately or quickly think of Donald Trump.  He’s long been famous for his aggressive business tactics and his willingness to make the ‘big deal’ that makes a huge splash with the media.  Most of Trump’s success has been within the real estate field, but as anyone who’s been paying attention in recent months understands, the real estate market is in dire straits.

When a market-wide crash occurs as it is right now, no one is exempt from its effects.  That includes Donald Trump, whose real estate company has also fallen on hard times given the dropping values of land and property, the extreme difficulty with obtaining competitive financing and the lack of ability to sell property at a price that presents a profit to the seller.

As a result, Trump’s real estate company recently filed for bankruptcy.  Since it was technically a corporate bankruptcy petition, filed under Chapter 11 of the United States Bankruptcy Code, Trump’s individual assets are not at risk.  However, his company must now be reorganized under the tenets of bankruptcy law and it must meet all the criteria set out by the court in order for the reorganization to be accepted and to ultimately be successful in getting the company back on its feet.

Not the First Time

Additionally, this latest filing for bankruptcy protection is not the first time one of Trump’s development companies has sought bankruptcy protection.  Trump’s company also filed for bankruptcy protection in 1991 during the previous American recession and for many of the same reasons – his company owed too much money and his assets could not be sold to the point where the company could meet its obligations.

Lessons Learned

What anyone should take from this brief bit of history is that anyone can fall into hard times financially and because of circumstances beyond his or her control.  Those who may be struggling should also understand that bankruptcy is not an end, but rather a beginning anew, as Trump has already proven.

If you are facing financial difficulties, do not wait and allow it to get worse contact the bankruptcy attorneys at Phillips & Associates today to schedule an initial consultation and take the first step towards getting your finances under control. If you would like to learn more about Arizona bankruptcy laws, please visit http://www.az-bankruptcy.net.

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Understanding Types of Bankruptcy

By Jerry T. Ford -

There aren’t exactly “types” of bankruptcy.  They are called chapters.  There are several different chapters that don’t exactly go in order like 1, 2, 3, 4, …  The four main chapters of bankruptcy are chapters 7, 11, 12, and 13.  Here we will discuss each one further.

Chapter 7 bankruptcy is probably what you are most familiar with.  It is liquidation and is often used by individuals.  Liquidation means they will take all your assets, except for those that are exempt from this process, and liquidate them.  They will then use that money to pay off as much of your debt as possible.  Finally, the remainder of your debt will be discharged.  Debt including student loans, alimony, child support, taxes, etc.  can’t be discharged.

Chapter 13 is the reorganization of debt.  Instead of liquidating your loans and discharging your debts, your debt is reorganized so that it is easier and possible to pay off.  Your trustee will continue to pay off your debt and you pay your trustee.  You will still pay debt payments as before for secured loans such as a mortgage.  This is better because you don’t have to lose any of your things and assets.

Chapter 11 and 12 are very similar to chapter 13 except that chapter 12 is for farmers and 11 for businesses and corporations.  This is ideal because farmers don’t lose any of their equipment and businesses can keep running their business because they retain their assets.  If all there assets were liquidated, they wouldn’t be able to keep making money to pay off any other debt.  After that, they could continue to run their business and would not have to close down.

There are several different types of bankruptcy known as chapters. These are part of knowing what bankruptcy is and you need to make sure you know how to go about the process.

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Bankruptcy Court Records – Why You Shouldn’t Worry About Nosy People

court2By Jason Rodriguez -

When it comes time to make a crucial financial decision that will help determine your family’s financial future, you shouldn’t worry what other people are thinking about you.

You shouldn’t worry about bankruptcy court records or about what your neighbors may find out about your financial situation. The question you have to ask yourself (and your lawyer or financial adviser) is what course of action will have the greatest benefit for you and your family.

It’s not about what other people think about you or what they will say about you if and when they find out that you declared bankruptcy. You simply have to ask yourself whether you’re willing to take a little embarrassment in order to help your family out of this hole that you dug yourself in. Besides, it’s unlikely that anyone is going to be too snooping around into your private affairs like bankruptcy unless you live in a small community where the entire town knows what’s going on. Even so, your family’s future is always more important.

That’s not to say that bankruptcy is always a way out. You need to discuss this thoroughly with your bankruptcy lawyer and look at all other options carefully before going forward. That’s the only way you can know for sure what course of action is best in your particular circumstances. If it turns out that bankruptcy is not necessary, that’s great. Just make sure you look at everything carefully and making the right decision for the right reasons.

Yes, it’s true that other people can find out about your personal problems because bankruptcy becomes a matter of public record. However, there are more important considerations when deciding what to do with your financial future.

Don’t let the fear of your debt take over your life. Get the facts about bankruptcy and learn how to get control of your debt. To learn more about bankruptcy court records visit us at http://personalbankruptcyquestions.org

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US Auto Bailout – Pros and Cons – Addressing Bankruptcy in 2009

automobileBy Greg Holden -

The first edition of this article was written in early December while the U.S. government was still considering whether or not to bail out the Big 3 – Ford, Chrysler and GM – with taxpayer money. That bailout has gone through and now we are faced with a second issue: bankruptcy.

The current debate rages over whether such a “controlled bankruptcy” will be beneficial in the long-run for the automotive and manufacturing industries, or whether it will simply push them past the point of no return. While we contemplate the pros and cons of this move try to understand that this issue is by far more complex than simply bailing out a failing industry, as we will see.

Pro #1: As President Obama has said, the systematic bankruptcy of these auto giants will allow for the restructuring necessary to make a more fuel-efficient automobiles and help ease the shift to greener forms of energy in order to limit our dependence on foreign countries for our energy supply. The pros from this move are obvious. If this restructuring is successful, Obama may be correct and the U.S. may be capable of shifting towards more fuel efficiency and producing fewer greenhouse gases.

Con #1: While glorified in theory, and only in the long-run, the above point basically ignores the fact that the U.S. automotive and manufacturing sectors will suffer near-death experiences in the short-run. Especially since that is basically what bankruptcy means. It is a type of death certificate. As these industries are restructured over time, and while jobs are theoretically being created, those sections of employees who specialize in skills which are being cut-back will find themselves on the street, so to speak. The day-dreaming about “what will be” leaves out the whole part of economic anarchy in the short-term. This simply cannot be ignored.

Pro #2: In light of the first article, one pro of allowing bankruptcy would be to finally deliver a type of punishment to an industry which has been slow in developing more efficient technologies due to self-deception and a sense of invincibility while the rest of the world was blowing past into the field of green energy vehicles. This may be the sanction that was long overdue to large, bloated, inefficient companies which are oh-so-symbolic of this recent financial crisis and recession. Chalk this up as a victory for the American taxpayer (that is, of course, if you call bailing out a company that later declares bankruptcy a victory).

Con #2: While this bankruptcy scheme appears to be a long-term savior of an inefficient industry, the truth is that its success is highly dependent on outside factors. The success of green energy cars depends on there being a demand for them. Demand for these vehicles increases when gas prices sky-rocket. However, during this recession Crude Oil has fallen off its peak of $147 a barrel last July to hover around $50 a barrel today. Without a dramatic increase to gas prices like we saw last year, the demand for greener vehicles will simply not exist. Second, American cultural mentality places a value on the status achieved by owning a large and powerful vehicle. If hybrid, or other green energy vehicles do not possess the same attached status, they will not be very successful.

These merely demonstrate a few of the complexities. If these requirements are not met, a forced bankruptcy and subsequent restructuring will simply hammer the final nail in the coffin of the American automotive industry.

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What is Chapter 13 Bankruptcy?

booksBy Marius Leopold -

Chapter 13 bankruptcy is designed for an individual who has a constant income but is unable to pay off of his or her debts. Through this form of bankruptcy protection, the debtor pays off a portion or all of the debt over a period of three to five years. Chapter 13 is often referred to as a wage earner’s bankruptcy plan. When a debtor has an income, but it is under the designated state median, a plan can be extend up to five years. Otherwise, the more common timeframe is three years. During the repayment period, creditors are prohibited from conducting any type of collection effort.

Chapter 13 bankruptcy has many advantages. Most common is a debtor’s ability to save his or her house from foreclosure. Home owners can completely stop the foreclosure processes and possible fix delinquent mortgage payments when filing Chapter 13 bankruptcy. However, the homeowner is still responsible for any mortgage payments due during the time of bankruptcy repayment and must pay on time.

Another major advantage of Chapter 13 is creditors are no longer allowed to contact the debtor. This means any phone calls and mailings will cease during the entire time of the bankruptcy filing and repayment plan. An attorney and trustee will work out repayment details and account adjustments on behalf of the debtor. Chapter 13 also has a provision designed to protect third parties who co-signed for the debtor on consumer debts.

Any individual is eligible for Chapter 13 protection. This includes self-employed individuals and those operating a business that is not incorporated. The main requirement for filing is the filer has less than $336,900 in unsecured debts and $1,010,650, or less in secured debts. Keep in mind that these figures are subject to change based on the consumer price index. A debtor is not eligible to file for protection if he or she has petition the bankruptcy court for protection in the last 180 days.

When a debtor files a bankruptcy petition, it must include:

A schedule of assets and liabilities

A schedule of expenses and income

A schedule of contracts and leases

A financial affairs statement

A certificate indicating the debtor has attended credit counseling

A copy of any repayment plan that may have been established during counseling

A copy of current tax returns

A statement of income for the 60 days prior to filing

A detailed list of the consumer’s living expenses

After all the appropriate paperwork has been filed, a confirmation hearing is set. During the hearing, creditors are invited to attend and pose and questions or concerns to the court and the debtor. A repayment plan is devised and must be submitted to the court within 15 days of filing. The plan is then approved by the court and the filer is ordered to pay the trustee on a monthly basis for up to five years, until the plan is repaid.  If the plan is not repaid on time, the trustee can ask the court to dismiss the debtor’s bankruptcy protection.

Marius Leopold represents DFW-based bankruptcy attorney firm Leinart Law. If you or a loved one needs help and want to learn more about What is Chapter 13 Bankruptcy? visit http://www.Leinartlaw.com

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