The North Carolina Bankruptcy Information Blog

Jobs in the private sector may be on the way up—a complete change of pace from the post-Recessionary years—but optimism about the mortgage industry is still way down in the wake of massive foreclosure abuses at major mortgage lenders.

In fact, The New York Times recently published a shocking article detailing the struggles of homeowners facing foreclosure framed by mortgage servicing horror stories piling up all across the nation.

According to the Times, dubious mortgage practices— widespread document execution fraud, misrepresenting fees, forgeries on signatures for your key mortgage documents, and making deceptive statements about efforts to correct paperwork—have become the norm, not the exception, for many a major mortgage lender from the West Coast to the East Coast.…

When home prices plunged, the stock market crashed, and nationwide hiring froze, many desperate debtors were left destitute, depressed and feeling without hope—all at the height of our recent Great Recession. But fast forward to nearly three years since the recession officially ended, and today many of the most mentally hard-hit Americans are those facing long-term unemployment.

According to researchers at the Centers for Disease Control and Prevention in Atlanta, about 9 percent of Americans were defined as clinically depressed in data released last year by the compared to an estimated 6.6 percent in data collected in 2001 and 2002. In the process, many of these depressed men and women have also seen their home foreclosed, vehicles repossessed, relationships fail, and addictive behaviors prevail.…

When markets crashed, home prices fell, and unemployment rates rose, many desperate debtors were left destitute, depressed and feeling without hope in the height of our recent Great Recession. And as you might imagine, and as researchers at the Centers for Disease Control and Prevention confirmed last week, some of these desperate Americans even took their own lives—in greater number—during the tough economic times of the 2000s.

These troubling stats were confirmed in the CDC’s latest study, published online in the American Journal of Public Health. According to Reuters, the new study was the first of its kind to evaluate suicide trends by age and business cycles, revealing that working Americans, aged 25 to 64, are significantly more likely to commit suicide when facing the feeling of insurmountable economic struggles.…

Have you heard from many experts and economists that the country’s headed for a double-dip recession—a second downturn that results from recent limits on economic stimulus? Well, take heart…we’re apparently only in a “one-and-a-half dip” recession.

That’s right.  According to Robert Reich, Former Secretary of Labor, we’re in a one-and-a-half dip recession, with the worst is yet to come and politicians and other people in power should take note. With retail spending on a downturn, home sales in the dumps, and the average work week in decline, Reich argues the only thing that’s actually piling up in this economic climate is unsold goods, fallow homes and default loans.…

It may come as no surprise that long-term unemployment has a greater effect on layoff victims compared with shorter spells of joblessness. What you may not know is that this impact has far-reaching implications for family, friends and feelings about oneself.

According to a new Pew Research Center survey, more than four in ten (44 $) of people out of work for six months or longer said unemployment had led to “major changes” in their lives, compared with 31 percent of people jobless for less than six months. Forty-three percent of long-term unemployed said they lost contact with close friends, and 38 percent said they lost some self-respect.…

As we’re all aware, this decade’s Great Recession has dealt, and continues to deal, a significant blow to the budgets of many American families, leaving millions in debt, underwater in their mortgages, and looking for any means necessary to get back on a financially-healthy course.  Now, in the weeks following this tax season’s deadline, important financial news abounds for many cash-strapped citizens and the struggling states they live in.

Looking for good news amid the bad? Take a gander at the latest economic outlook and what it might mean for you.

Our Great Recession Continues (Or Not)
Last week, the Business Cycle Dating Committee of the National Bureau of Economic Research, a group responsible for determining official start and end dates for recessions based on analysis of financial indicators, announced that it cannot yet officially declare an end to the recession.…

Are you angry at banks that are supposedly too big to fail? But you haven’t withdrawn your money because you think your account is too small to matter?

Well, one media matriarch has some alternative advice. 

Started by Arianna Huffington, The Huffington Post is an American news website and aggregator for a host of blogs, columns, stories and moderated comments. The site, through its founder, is now taking a stand against America’s oversized financial institutions—from JP Morgan to Bank of America—and urging you to do the same.

HuffPost’s “Move Your Money” campaign urges you—the bank customer—to withdraw your money out of the big banks and into smaller community-oriented ones.  The reason is simple: a post-recessionary payback of another color.…

We sure do like to shop in America.

Despite the rise of Internet browsing, there are still few environments more attractive to a modern-day capitalist than a shopping mall during the holidays. Even in down-times, like the last two major holiday periods, just about any mall appears packed with people as diverse as the brand names on the bags that dangle from their wrists. Despite two years of serious recession, it’s still hard to find a place to park.

So, as we try figure out who exactly is being pained by the Great Recession when we visit a mall (we know who is), the bigger question that looms is about on how on earth can the owner of one of these Great Pyramids of commerce can possibly go bankrupt?…

In what can be considered the best example of the current state of the nation’s commercial real estate industry, the largest residential real estate investment in United States history is facing bankruptcy. As a result, the current owners of the Stuyvesant Town/Peter Cooper Village are handing the property over to its primary financial backers after the recession and overall plunge in global real estate values decimated the complex’s value to a third of where it was upon its 2006 purchase.

Bought for $5.4 billion by Tishman Speyer and BlackRock Realty, the largely middle-class development in New York city housed 11,227 apartments and provided homes to close to 25,000 individuals, a population larger than many small cities.…

Brent T. White, a law professor at the University of Arizona, has a provocative new study out, “Underwater and Not Walking Away.” He points out that as many as 32 percent of all homeowners are ‘underwater’ on their mortgages – they owe more money than their houses are worth. The media has produced a series of articles decrying homeowners who simply stop paying on these ‘upside down’ mortgages as irresponsible and even obscene. In fact, White notes, less than three percent of people whose primary residences are foreclosed on are people who could have continued to pay their mortgages. There are no discernible difference in foreclosure rates in places where housing prices have dropped steeply.…

The latest chapter in the Obama administration’s attempts to make lenders modify mortgages is to send SWAT teams – no, I’m not kidding, really, SWAT teams – into the call centers of major lenders to try to ensure that they follow the proper procedures and actually modify loans. Seriously, wouldn’t it be a whole lot easier just to pass cramdown and allow bankruptcy judges to modify mortgages than to try to sweet talk, bribe or otherwise convince bankers to do it on their own?

Because they’re not. Making Homes Affordable, the program implemented by the government last May, is designed to encourage banks to modify the loans of homeowners who are having trouble making mortgage payments.…

It’s been a very rough year for media companies, particularly newspaper publishers. An ongoing decline in advertising revenue, huge debt and a continuing inability to obtain additional credit have threatened the industry at large. It should come as no surprise, then, that a number of newspaper publishers have sought protection from creditors through Chapter 11 bankruptcy filings and have been sorting out their financial affairs under the oversight of U.S. bankruptcy courts.

Tribune Co., home to the Chicago Tribune, has been in Chapter 11 bankruptcy since December 2008. A variety of creditors are fighting for control of Tribune Co., chief among them senior creditors led by JPMorgan Chase, which is challenging a bankruptcy court decision to extend the deadline for Tribune Co.…

When many people think about bankruptcy, what normally comes to mind is what is represented in Chapters 7 and 13 of the Bankruptcy Code. In Chapter 7, you can discharge all of your debts and, in return, may lose non-exempt assets. Under Chapter 13, you may hold on to your assets, such as their home, but devote income in the near future to repaying your outstanding debts. Under both forms of bankruptcy, there are limitations to what you can do to modify your debts.

However, in states like North Carolina—composed largely of rural areas dotted with thousands of acres of farmland and abutting the ripe fishing grounds of the Atlantic—the lesser known Chapter 12 bankruptcy can be exceptionally helpful to working families who might otherwise be bankruptcy bound.…

Recently one of the largest radio broadcasting companies in the nation, Citadel Broadcasting, entered into bankruptcy proceedings. Now it appears as if there may be other media giants following in Citadel’s footsteps with NextMedia Group and Heartland Publications looking to file for bankruptcy as well.

This has been a bad year for media organizations all around. Earlier this year the well known Reader’s Digest Association filed as well as television broadcaster ION Media Networks and the Sun-Times Media Group (a newspaper company). So far, only ION has announced that it will be coming out from bankruptcy; this after they managed to get rid of nearly $3 billion (2.7) of preferred stock and debt.…

Back in 2005, credit card companies were convinced – or at least tried hard to convince everyone else – that there was a bankruptcy crisis in the United States. Bankruptcy rates had doubled since 1980, they pointed out. ‘Shopaholics’ were charging everything under the sun and then declaring bankruptcy, forcing the credit card companies to eat their debt. They then had no choice but to pass these expenses on to consumers in the form of higher fees and interest rates.

In 2005, the major banks spent tens of millions of dollars lobbying Congress to make it harder for consumers to declare bankruptcy.…

The American Bankruptcy Institute, relying on data from the National Bankruptcy Research Center, reports that more than 135,000 consumers filed for bankruptcy in October 2009. The industry group estimates that this represents a nearly 9% increase in filings from the previous month. ABI Executive Director Samuel J. Gerdano commented that the increase in consumer bankruptcy filings in October, together with a reported 7 percent increase in business cases, “demonstrates the sustained stress on the U.S. Economy.”

The American Bankruptcy Institute further predicts that by year’s end, total bankruptcy filings will be up 30% over 2008. In fact, as of October, bankruptcy filings were up 22% over the same period in the previous year, with roughly 950,000 filings, as compared to roughly 700,000 in the same period in 2008.…

The USA Today recently published an article about the changing face of bankruptcy. In other posts, we have noted that we are going through a “middle class recession.” Well, the evidence for both concepts continues to pile up, as the number of people who either currently, or before bankruptcy, brought home well over six figures in salary before filing continues to increase.

A woman interviewed in the USA Today was making $275,000 a year before investing savings into a new business just before the recession really tipped. Credit card bills suddenly went from manageable to frightening and as sales slowed, so did her confidence that things were going to get better.…

Most people believe that their credit rating will be ruined for the next 8-10 years if they file for bankruptcy. This could not be further from the truth.
Bankruptcy is not a shiny gold star on your credit report, that is for sure, but it is far from a death toll on your credit. In reality, your credit rating is already pretty darn low from all the missed and/ or late payments you have been piling up prior to filing. While I highly doubt any creditors will actually see things this way, filing is actually you showing that you do want to improve and do better for the near and foreseeable future.…

Does anyone else find it just a little ironic that the two most commonly used bankruptcy options are lucky number 7 and the unlucky number 13? You have to wonder just a little bit if that is fates way of trying to send you a little message…

There are actually six different types of bankruptcy which a person or corporation can file: 7, 9, 11, 12, 13, and 15. More often than not most people will just be looking at filing for either 7 or 13. The tricky part can be in figuring out which one is right for you.

The figuring out part is what you pay your lawyer for, but for something like this you are better off having enough knowledge to be considered dangerous- meaning you know enough to pose the right questions to your lawyer and understand what he or she is saying.…

Many people who are in debt and considering bankruptcy know that there are certain circumstances under which they can protect some part of their home’s value from creditors. This is known as the “homestead exemption.” But how do you know how much of your home’s value you might be able to protect?

While many bankruptcy laws are federal laws, the homestead exemption is a product of state law, so it varies from state to state. Here in North Carolina, the homestead exemption is about to increase. The state legislature has passed and the governor has signed into law an increase in the state homestead exemption which becomes effective on December 1, 2009.…