The North Carolina Bankruptcy Information Blog

If you’re like so many Americans experiencing tough economic times, you may feel completely overwhelmed by your current financial situation and unsure as to what options actually exist to alleviate it. Maybe you’ve been unable to modify your mortgage, hit with the costs of an unexpected medical situation, dealing with high interest credit cards or are navigating through the pitfalls of unemployment or underemployment with little understanding of how to pull yourself out of the subsequent a financial hole.

At times like these it’s often important to get “back to the basics,” separating fact from fiction in order to make an informed decision that can get you back on track for a better financial future.…

We’ve written about many celebrity bankruptcies in the past several years. But few are more interesting than the bankruptcy of Charlie Batch.

According to the story in the Pittsburgh Tribune-Review, Pittsburgh Steelers backup QB Charlie Batch filed for bankruptcy protection in December 2010, after his real estate venture defaulted on a $1.15M mortgage with Dollar Bank. Twenty-five properties held by Batch Development Company, Inc. associated with the mortgage default were placed into receivership. Court papers show that Batch was reportedly $6M in the hole at the time of his bankruptcy filing.

But the amount of debt Batch had managed to “batch together” at the time of his filing was not the newsworthy part of this personal bankruptcy story.…

In the mafia, there’s always a “fixer:” someone in the organization who will do the dirty work, get things done, and do so without any hesitation at all. And while the “fixer” is good at what he does, he has a tendency to be an unseemly character, whose unscrupulous tactics leave a lot to be desired.

This is a good parallel to remember when people promise you quick “fixes” to your poor credit score. Unfortunately, it’s a practice that happens often out in the world—especially in these tough financial times, when credit is expensive and loans aren’t easy to come by, especially for those with a poor credit history.…

New data shows that 2010 was marked by more personal bankruptcies than any other year since stricter federal bankruptcy laws were enacted in 2005. Roughly 1.53 million consumer bankruptcy petitions were filed in 2010, up 9 percent from 1.41 million in 2009, according to the American Bankruptcy Institute, citing data from the National Bankruptcy Research Center.

What’s more, this five-year high in the number of U.S. consumers seeking bankruptcy protections could rise even higher as other Americans continue to drown in debts accumulated during the economic meltdown.

With so many average Americans seeking the safe havens of a bankruptcy petition, you may be wondering, “should I file?” While the answer always depends on the details of your individual financial situation, there are a few traditional factors in your situation that can (and should) point you to the reasonableness of your decision to file or not to file.…

Amid a 2010 marred by some of the highest foreclosure rates ever recorded, came the news that many of the nation’s largest mortgage lenders had been forced to suspend foreclosure proceedings following charges that these same “mega mortgage-holders” rushed the recordation process by forcing thousands of borrowers from their “home sweet homes” without the appropriate documentation to do so.

Well, welcome to 2011, a year when many experts believe nationwide foreclosures will reach their peak, just as state courts are finding themselves tasked with determining whether many of these actions are the result of banks jumping the proverbial gun on the foreclosure process.…

While unexpected circumstances and scenarios often cause American debtors to consider the bankruptcy option, a disability, often combining mounting medical costs with a sudden loss of an otherwise dependable income, can make for an especially strong case for seeking the benefits of bankruptcy. The good news is a personal bankruptcy is an often safe solution for eliminating some (or all) of the associated debts from a disability. Unlike the process for qualifying for federal disability benefits, no medical criteria are necessary for a disabled person to seek the safe havens of a personal bankruptcy filing.

In terms of eliminating debt for your disability under the former, Chapter 7 bankruptcy, it is important to understand that this type of “liquidation” bankruptcy is designed for debtors with limited assets who are looking to discharge some or all of their unsecured debts.…

In 2010, the Obama administration reworked its $75 billion Home Affordable Modification Program (AKA “HAMP”) in an attempt to better help those hardest hit by the housing crisis: homeowners who were unemployed or underwater in their mortgages (i.e., owing more on their loans than their homes are worth). Within these changes, (1) the unemployed could qualify for up to a six month stay on their mortgage payments;  (2) in turn, participating banks would receive financial incentives to reduce mortgage balances for underwater homeowners; and (3) lenders could refinance mortgage loans secured by the Federal Housing Administration.

More information about HAMP can be found at the Making Home Affordable FAQ section.…

The Supreme Court’s recent holding in the bankruptcy case of Ransom v. FIA Card Services, N.A., means new challenges regarding allowed expenses for Chapter 13 debtors.  In an eight to one opinion, the Court recently affirmed the Ninth Circuit’s ruling that a debtor may not deduct “vehicle ownership” costs when computing his Chapter 13 plan payment if that debtor happens to own his vehicle “free and clear.”

In layman’s terms, this means that a person filing bankruptcy under Chapter 13 cannot reduce his payments to unsecured creditors by claiming “ownership costs” for a car on which he owes no money.  In this case, the petitioner, Jason Ransom, filed for bankruptcy in 2006 and claimed a $471 monthly expense in his Chapter 13 payment plan for automobile ownership costs.…

Ah, tax season: the oft-dreaded time when we’re all forced to assess a previous year’s worth of financial doings, pay back deficiencies and seek deductions. But this year’s tax season may become a bit more taxing for some as industry watchdogs are finding that the Internal Revenue Service is further targeting struggling taxpayers with aggressive tactics meant to retrieve all that is owed from already economy-ravaged Americans.

As the Associated Press reported this month, “the Internal Revenue Service is tormenting struggling taxpayers in the midst of a slumping economy by increasing the number of liens the agency has filed against people who owe back taxes.…

In every film there’s a protagonist, a conflict, and a resolution. And over the years, famous film directors from Kubrick to Polanksi have painted the Metro Goldwyn Mater film lots with many of these three-part cinematic elements—elements that, in the golden age of filmmaking of the 20^th century, brought in billions for MGM’s coffers.

Cut to the 2000s, and MGM itself became the protagonist in its own conflict to stay solvent as the famous Los Angeles-based film distributor for Rocky and James Bond, which foundered after piling on debt to go private, sought quiet resolution by filing for Chapter 11 bankruptcy.…

In retrospect, we’re all able to see that the recent economic downturn was sparked by a housing crisis full of unscrupulous sub-prime lending that easily spread to prime mortgages as unemployment rates rose. And, as many of you already know, the result of this collapse in the American housing market was a historic increase in the number of mortgage foreclosures, many in neighborhoods that had not previously had any issues with vacant or abandoned properties.

Today, vacant and abandoned properties sit in communities across the nation, driving down home prices and otherwise marring the market for those seeking to sell their inhabited spaces.…

In every great relationship, transparency is essential. And a perfect match is often a partner willing to share their past relationships, their financial status as well as what they’re thinking. Similarly, in every fruitful bankruptcy, honesty is key. In fact, it is mandatory. So, if you’re bankruptcy bound, it’s always best to understand early on that, at the outset of your filing, you must act in good faith, revealing all salient points with both your bankruptcy attorney—the person or persons who represent you in your case—as well as your bankruptcy trustee—the person who administrates your case.

This “duty to disclose” can come in several forms and cover some of the most important parts of your bankruptcy process.…

You hear tons of experts advising you to pay off high interest debt before any other expenses. And in some cases this makes perfect sense. For example, it’s always a smart move to deal with credit cards with double-digit interest rates before handling the plastic with single-digit interest. But in other cases, you may want to pay off debts with lower interest rates in the interest of appeasing creditors who have more recourse against you when or if you get behind on your payments.

According to NerdWallet financial expert, Tim Chen, “When you have several different types of debts and your income isn’t quite keeping up with your total expenses, it can be tough to figure which debts to pay first.…

You’re in credit card debt, often with a double-digit interest rates that can balloon over time into a monthly amount more than even your car payment. You may have sold (or lost) your home, but without much equity to go around, you have downsized with little to show for it. You’ve minimized the amount you contribute to your future—retirement, savings, investments—in the hopes of having more to pay down mounting bills.

And what has it done for you? In many instances, debtors facing these same situations find themselves no better off than before they tried to buy themselves time to get out of debt.…

While some experts are calling the latter portions of 2010 a new era of economic recovery, bankruptcy filings remain in true recession-era form.  In fact, according to the 2010 Fiscal Year statistics from the Administrative Office of the U.S. Courts, the number of bankruptcies filed between October 1, 2009 and September 30, 2010 increased from 1,402,816 to 1,596,355, marking an increase of 13.8%. And even though Chapter 11 (business and large individual) filings decreased, from 14,745 to 14,191, a 3.8% drop, and business filings overall also went down, from 58,721 last year to 58,322 this year, a 0.7% decrease, non-business or personal filings went up under all other chapters of the Bankruptcy Code, rising from 1,344,095 to 1,538,033, or 14.4%.…

This week you may have seen many ghouls and goblins trolling around your neighborhoods, asking for tricks or treats. But, the scariest thing currently happening in your community is an array of potentially unlawful home repossessions from mortgage companies expediting the foreclosure process or refusing mortgage modifications in bad faith. In turn, a whole host of homeowner lawsuits have erupted on the scene, with the vast majority of them revolving around the idea that mortgage companies are deliberately misleading and manipulating homeowners just like you for their own financial benefit.

How can you know if your bank or mortgage lender is acting scary?…

In most discussions of bankruptcy, there are few mentions of the rising costs of motherhood/parenthood, especially considering the current economic state of affairs, whereby families are sometimes forced to choose between clothing, feeding and educating a child and their responsibilities of paying mortgages, car notes and consumer debt.

 As a result, it’s as good a time as any during this especially tough economic era to take a closer look at how mothers, guardians, and caregivers are crunching the numbers when it comes to giving their child the very best, and what that means when, at the same time, that parent is forced to seek the protections of a personal bankruptcy. For example, what might spending for a school expenditures and activities and/or a college education mean when it comes time to file and face bankruptcy’s two basic evaluations?…

By it’s very name, a Chapter 7 liquidation bankruptcy sounds like a process that would leave you not only without any debt, but also without any property or assets left over to show for it. As a result, many people considering Chapter 7 bankruptcy worry about losing their biggest asset—their home—in the process. As such, even folks who desperately need the debt protections afforded by Chapter 7, more often than not delay their bankruptcy filing, waiting for another solution that could also allow them to hold onto their home.

If this is your own personal justification for avoiding a personal bankruptcy under Chapter 7, fear not.…

With many experts predicting a protracted economic malaise with imperceptible growth and stubbornly high joblessness, bankruptcy filings appear to be in true recession-era form, rising in recent months, and, according to many analysts, increasing with no end in sight. In fact, during early summer, the American Bankruptcy Institute (ABI) validated these fears, reporting that personal bankruptcy filings increased in 2010 compared with only one year ago.

As bankruptcy figures continue to rise, many critics are charging insolvent Americans—seeking shelter from personal bankruptcy—as being responsible for raising interest rates, cutting consumer confidence and retail sales, and outfoxing creditors while other, less indebted Americans are required to pick up the slack…and the tab.  In reality, though, Americans who have filed for bankruptcy are in many ways saving all of us money.  And you could too, while also saving yourself years of bills, harassment and stress.…

If you’re reading this, odds are you may be suffering through  a tough financial time. Yet, what might make you feel a bit better about your current ordeal is the knowledge that you’re not alone. Millions of average Americans just like you are facing a shared financial circumstance as they struggle to stay afloat in the wake of this decade’s Great Recession—facing foreclosure, job insecurity, and, in some cases, insolvency.

In the series, Our Great Recession 2.0, we’ll delve into some of the more unique stories of this decade’s unprecedented economic downturn, allowing you to see familiar faces and dire places people are going in order to handle our collective financial meltdown head-on.…