Published Tuesday, January 31, 2012 @ 7:27 pm

It would make sense that recent signs of recovering economy would be great news for jobless Americans. But as a report on public polling explains, even though the overall economic picture may be brightening, many job seekers are still very much in the midst of a stark economic haze.

According to a report from The Huffington Post’s Janell Ross, “Economic data suggests the long-stagnant economy may finally be gaining momentum, but Americans aren’t seeing a turnaround yet, according to a pair of newly released polls.…

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Published Saturday, January 21, 2012 @ 7:09 pm

Amid encouraging job figures that the private sector is surging, it’s important to take a second look at the sad state of the so-called “American Dream.”

In a new article, the New York Times does just that, finding that “Americans enjoy less economic mobility than their peers in Canada and much of Western Europe.…

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Published Friday, January 20, 2012 @ 7:08 pm

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.…

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Published Saturday, December 17, 2011 @ 5:35 pm

If you’re like many beleaguered and over-budgeted Americans, you grew weary and wary of credit card debt during the throes of the Great Recession.

The Credit Card Accountability Responsibility and Disclosure Act of 2009 (Credit CARD Act) was supposed to address the fact that you’ve been “paying” with plastic both literally and metaphorically ways for years, shielding average Americans from unexpected and massive changes to their credit card terms—terms that had previously led directly to financial hardship for an overwhelming amount of our nation’s families.…

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Published Tuesday, December 6, 2011 @ 8:34 am

The fairer sex appears to be getting a less than fair shake at new jobs created in the wake of the economic downturn. In October, we reported that women have recovered just 9 percent of jobs lost, and men are recovering nearly three times faster. And things haven’t gotten much better.…

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Published Friday, December 2, 2011 @ 5:48 pm

In this blog we often talk about the benefits of bankruptcy for individuals and businesses—debtors who are part of the American fabric that are facing the significant financial perils of the current economic malaise.

But what if one of the financial entities that is often the primary culprit for harassing these same American debtors seeks the safe havens of bankruptcy relief?…

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Published Thursday, December 1, 2011 @ 6:31 pm

We’ve talked a lot about the recent record-breaking Black Friday, but it was our nation’s President who instead promoted shopping on the second annual “Small Business Saturday,” a day (November 26) devoted to spurring growth and hiring in some of our country’s most hard-hit business sectors.

According to Reuters, “Promoting “Small Business Saturday”, the second annual event to help Main Street merchants in a tough U.S.…

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Published Tuesday, November 29, 2011 @ 8:12 am

Threats of a double-dip recession — a recession, followed by a short-lived recovery, followed by another recession — permeated the headlines in 2011, at a time when there were plenty of signs that this second coming of an economic downturn had begun. Stagnate hiring, a paltry job market and plummeting real estate prices, as well as low consumer confidence, all made another financial reckoning feel less like a fiction and more like a reality.…

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Published Wednesday, October 12, 2011 @ 6:10 pm

While men were the ones initially reeling from the recent recession, women are now the ones with more and more reason to worry.

According to an Institute for Women’s Research Policy report released Monday, even though unemployment levels have steadily decreased for men over the past year, very few women are able to return to work in 2011, resulting in a significantly higher percentage of female Americans who continue to have deep concerns about their financial futures.…

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Published Tuesday, October 4, 2011 @ 1:50 pm

The nation’s income dropped in August 2011, for the first time in nearly two years, according to a government report released last week. The drop was precipitated by a weak labor market and falling consumer confidence.

According to Reuters, “Weak incomes as employment growth ground to a halt and earnings fell hurt spending in August.…

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Published Tuesday, October 4, 2011 @ 7:45 am

If it seems like it’s been a while since we’ve talked about the rising cost of health care, that’s because up until this year, these mounting medical costs had leveled.

But in the new America, it seems you can’t keep a high cost down.

In reality, the costs of employer-sponsored health insurance surged during 2011, cutting short a timely trend toward only “moderate growth.” According to a report released this week by the Kaiser Family Foundation and the Health Research and Educational Trust, annual premiums for family coverage climbed 9 percent and surpassed $15,000 for the first time.…

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Published Monday, September 26, 2011 @ 1:27 pm

Poverty is now a common (and growing) problem for America’s single moms as jobs, and social safety nets fade as quickly as the economy tanked, according to a new article from The Huffington Post.

“In 2010, the first full calendar year after the Great Recession, nearly 41 percent of the nation’s single mothers with children under age 18, like Williams, lived on incomes below the federal poverty line.…

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Published Tuesday, September 20, 2011 @ 8:03 am

For many recent graduates from colleges and universities all across the country, any job must feel better than no job at all. Shortly after graduation in May 2011, thousands of grads from Washington State to UNC-Wilmington, turned their back on student life and turned back on their computers only to begin their first official job searches—sending out e-mail-loads of resumes in what would become for many a months-long search for work….any work.…

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Published Thursday, September 8, 2011 @ 6:42 pm

A fascinating new article from The Associated Press reveals that the one of the toughest challenges facing unemployed Americans isn’t a job market currently stagnated at 9.1 percent unemployment rate, or even that 14 million unemployed are competing with each other in a country that posted no new jobs in August; rather the AP says the most challenging thing the unemployed are currently contending with is the underemployed.…

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Published Monday, August 15, 2011 @ 9:20 am

Some are calling a recent drop in consumer bankruptcies during the first half of 2011 a sure sign that the tides may finally be turning for the U.S. economy, as these new figures from the American Bankruptcy Institute Americans fuel the idea that American may be more financially stable in 2011 than they were at the same time last year.…

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Published Tuesday, August 9, 2011 @ 6:56 am

Three years back, Iceland’s entire financial system collapsed and despite being unable to bail itself out of its economic troubles on its own, the country is already recovering quickly and strongly.

As a result, there are valuable lessons anyone considering bankruptcy here at home (or even other countries) can learn from the this spate of Icelandic insolvency and what the Nordic nation ultimately did to solve it and emerge stronger than ever.…

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Published Monday, August 8, 2011 @ 6:11 pm

In this new “rough and tumble” economic era, 117,000 sounds like a lot.

$117,000 dollars. 117,000 shares of stock. 117,000 jobs?

Well, in all but one of those cases, you’d be right. In July, the American economy beat expectations by adding 117,000 new jobs to the current market and dropping the unemployment rate from 9.2 to 9.1%.…

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Published Tuesday, July 12, 2011 @ 1:11 pm

It’s been two years since experts signaled the end of our recent Great Recession. But based on the most recent job report, it seems like only yesterday. In fact, according to last week’s surprisingly dismal government labor figures for June, a true recovery from the economic downturn of the late 2000s could be a long way off indeed.…

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Published Saturday, July 2, 2011 @ 11:34 am

Recent gains for marriage equality in states like Iowa and New Hampshire have been met by a lot of legal questions for those who are actually considering marriage with their gay and lesbian partner. Confusing differences in relationship recognition amongst state and federal laws can create true legal challenges for same-sex couples throughout the country.…

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Published Friday, June 24, 2011 @ 10:08 am

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.…

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Published Monday, June 20, 2011 @ 7:41 am

As millions will see in 2011, a personal bankruptcy can relieve you of your post-recessionary hangover, helping you dispense with debts accumulated during tough economic times and get you back on the road to financial freedom. And, while choosing bankruptcy has become an easier for so many average Americans seeking respite from their economic woes, which bankruptcy to choose can be a tougher decision.…

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Published Saturday, June 18, 2011 @ 8:21 am

It’s no secret that a big reason for our country’s lingering financial malaise is the real estate market’s seemingly unending mortgage crisis—forcing many Americans out of house and home while also contributing to a bleak economic environment for home purchases, investment and spending.

But along with the knowledge that the mortgage servicing industry foreclosed on more than one million homes last year and is on track to do better in 2011, comes more bad news for the beleaguered economy: high unemployment is now further dragging down the housing market and subsequent prospects for our country’s economic recovery.…

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Published Saturday, June 18, 2011 @ 7:47 am

These summer months are shaping up (again) to be tough times for recent college graduates. This latest round of job seekers continues to face high unemployment and mounting debt. So what happens when these poor economic conditions coincide with payment deadlines for sometimes astronomical educational loans? One word: defaults. In the end, this feeling of financial helplessness leaves many recent grads reeling, and rightfully so, in an economic climate may mean they will never be as successful or financially secure as their parents.…

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Published Tuesday, June 14, 2011 @ 8:26 am

From Joplin, Missouri, to Tuscaloosa, Alabama, to Raleigh, North Carolina, and everywhere in between, we’ve all seen our fair share of devastating storms, winds, flooding and tornados this season–whether they be on television or impacting in our own backyards.  But amid the reports of destroyed homes and rising death tolls comes another, less well-known casualty of these now-ubiquitous natural disasters: massive job losses.…

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Published Sunday, May 29, 2011 @ 8:24 am

We talk a lot about the impact of the recent economic downturn on seniors: how hard is to retire, or even remain employed, as debt rises and dreams of post-career, golden years spent without worry fade as quickly as home prices.

But what about the millions of Americans who have yet to embark on careers, now facing a rude awakening that the jobs that used to pad their wallets and prepare them for college and the workforce, are now disappearing or filled by fellow workers twice their age?…

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Published Saturday, May 28, 2011 @ 9:21 am

@font-face { font-family: “Times”; }@font-face { font-family: “ＭＳ 明朝”; }@font-face { font-family: “Cambria Math”; }@font-face { font-family: “Georgia”; }p.MsoNormal, li.MsoNormal, div.MsoNormal { margin: 0in 0in It’s that time of year again: baseball season. The smell of freshly-cut grass, the crack of the bat, the seventh inning stretches to the sound of the organ and the smell of a hot dog.…

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Published Saturday, May 21, 2011 @ 7:48 am

It’s that time of year again: baseball season. The smell of freshly-cut grass, the crack of the bat, the seventh inning stretches to the sound of the organ and the smell of a hot dog.

It’s also time for another great bankruptcy metaphor.

A personal bankruptcy can be just like a baseball game.…

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Published Sunday, April 10, 2011 @ 12:44 pm

Recent gains for marriage equality in states like Iowa and New Hampshire have been met by a lot of legal questions for those who are actually considering marriage with their gay and lesbian partner. Similarly, recently proposed legislation that would prohibit marriage between gay and lesbian couples in North Carolina is shedding a new spotlight on the confusing differences in relationship recognition in state and federal laws and the true legal challenges facing these couples throughout the Tar Heel State and entire country.…

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Published Tuesday, March 22, 2011 @ 7:28 am

In this additional online accompaniment to the Law Offices of John T. Orcutt website, we strive to cover much of the latest bankruptcy news as well as offer an insider’s guide of the ins and outs of the bankruptcy process. This includes a wealth of pre-bankruptcy considerations, a look at the intricacies of a bankruptcy filing, and sure-fire post-bankruptcy steps to get you back on the road to more financially-rewarding future.…

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Published Wednesday, March 16, 2011 @ 11:24 am

Chicago’s own Giordano’s, one of the most popular purveyors of stuffed pizza, is filing for bankruptcy protection.

It’s not unusual to hear of any business filing for bankruptcy in these tough economic times. During the Recession, less consumer demand and fewer customer orders often caused a rise in inventory, losses in sales margins, and high debts with no solution other than going out of business or restructuring via a Chapter 11 bankruptcy.…

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Published Saturday, March 12, 2011 @ 11:04 am

By now we know that “paying” with plastic is both a literal and metaphorical proposition, especially as a good number of bankruptcy bound individuals—even in an era of home-made foreclosure filings and mounting medical bills—find credit card debt to blame for their insolvency.

The Credit Card Accountability Responsibility and Disclosure Act of 2009 (Credit CARD Act), signed into law by President Obama on May 22, 2009, was meant to change much of that.…

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Published Friday, March 11, 2011 @ 12:51 pm

If you’re like many average Americans, you were dealt a hefty budgetary blow during the recent Recession. And, as a result, you may have responded by trying to spend less, save more and reduce debts where you could—including cuts in your consumer credit card use.

If so, you’re not alone.

According to a recent report from Credit.com, since the inception of the economic crisis, more and more men and women are resisting the urge to spend, climbing aboard the equivalent of the “Good Ship Spendthrift” in order to create a sea of savings on a new course to a better financial future.…

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Published Monday, February 21, 2011 @ 7:39 am

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.…

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Published Monday, February 7, 2011 @ 10:19 pm

When asked in a recent interview by Anna Robertson of Yahoo! News what he had to say to America’s 14.5 million unemployed, the Vice President Joe Biden responded, “hang in there.” Pointing to a slow and gradual national recovery, Biden said that while the unemployment rate is only “dropping minimally,” the economy is slowly improving, leaving Americans to wait it out.…

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Published Monday, January 31, 2011 @ 8:23 am

It’s closing in on the end of the first month of 2011, another year into the Great Recession. Of course, things do look “somewhat” better than they did for the last three. However, everything does when enough time passes.

If you filed bankruptcy in 2010, or anytime in the last couple of years, chances are you made a few financial resolutions for the new year.…

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Published Sunday, January 30, 2011 @ 11:21 am

The nation’s residential real estate market continues to tumble, further complicating life for millions of Americans looking to either buy or sell a home in the near future.

Not only that, but home sales are so tightly wound into our economic system that every ebb and flow tends to create ripples on Wall Street.…

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Published Saturday, January 22, 2011 @ 7:24 am

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.…

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Published Tuesday, January 11, 2011 @ 3:28 pm

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.…

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Published Friday, January 7, 2011 @ 6:52 am

As we’re all now aware, this decade’s economic downturn has dealt, and unfortunately continues to deal, a significant blow to the budgets of many American families, leaving millions in debt, facing foreclosure, and sometimes looking to any means necessary to break even, much less get back on a financially-healthy course. And so, once again, we’re finding that the beginnings of tax season can also yield it’s own set of challenges for some cash-strapped citizens as many turn to plastic to pay back what they owe the IRS.…

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Published Monday, January 3, 2011 @ 8:51 am

Despite an apparent uptick in consumer confidence this during the latter part of 2010, no one is buying the idea that the housing market—a major cause for this decade’s economic meltdown—is getting better anytime soon. In fact, according to U.S. Bank regulators, the country’s home foreclosures actually spiked in the third quarter as banks and other mortgage lenders became less inclined to help Americans stay in their homes as the housing market continues to struggle.…

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Published Saturday, December 25, 2010 @ 8:35 pm

The holidays. A time for figgy pudding, partridges zipping around pear trees and maids milking barn animals. Those are well and good signs of happiness and all, but we’re here to dole out gifts that really sparkle under the tree, the kind that keep on giving and never need be returned.…

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Published Monday, November 29, 2010 @ 9:47 am

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.…

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Published Monday, November 29, 2010 @ 6:45 am

There’s no way around it: the United States is a nation of givers. Time and time again, studies have shown that approximately 80% of Americans continued to give to religious and/or secular charities despite the recent recession and its resultant job insecurity and high unemployment rates. But despite recent reports of an economic recovery, in recent months many more Americans are foregoing their charitable giving and feeling no shame about it.…

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Published Wednesday, November 24, 2010 @ 7:09 am

Are you feeling too broke to break out of debt? Too often, Americans just like you, already suffering under the intense strain of rising mortgage costs, consistent credit card debt, mounting medical bills, employment woes, and other blights on their bank accounts, are also suffering under the misconception that an experienced bankruptcy attorney is, for them, financially out of reach.…

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Published Monday, November 22, 2010 @ 11:26 am

A recent report by a reputable financial strategy and investment research firm finds that many Americans are ignoring their responsibility to manage their money. Whether by not logging-in to their checking account’s online statements or putting aside letters from the bank or credit card, one in five of us are intentionally not paying attention to our money, according to Javelin Strategy and Research.…

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Published Friday, November 12, 2010 @ 10:36 am

As has been well reported, mortgage modifications in the current housing market remain hard to come by. But what is less well known is that even for many lucky enough to modify their current house payments, the financial future is far from safely sheltered.  According to a recent report, more than 50 percent of homeowners who received mortgage modifications were at least two mortgage payments behind within a single year’s time, yet again making them vulnerable to perils of foreclosure.  The report also showed that approximately one-third of homeowners who received mortgage modifications that reduced their monthly payments by 20 percent or more had fallen behind again within a year compared to 60 percent for borrowers whose loan payments were left unchanged or increased.…

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Published Sunday, November 7, 2010 @ 6:36 am

If you’re here, there’s no way around it: you’re considering a personal bankruptcy filing. And if you’re considering bankruptcy options, odds are your preference is for Chapter 7, a liquidation bankruptcy that qualifies you to discharge most or all of your unsecured debts. In the alternative, Chapter 13 bankruptcy means crafting a plan to repay a lighter load of debts, usually only the consumer’s secured debts (like car payments and mortgages)

Given these facts, you may think the choice is clear and that Chapter 7 is the only way go.…

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Published Saturday, November 6, 2010 @ 7:30 am

Amid the lingering housing crisis, full of fraudulent foreclosures and missed mortgage modifications, many disenfranchised Americans have turned to renting to keep a roof over their heads, and their heads above financial water.  Yet, even in a period where renting can be financially friendlier than owning,  conscientious and reasonable renters continue to face this tough economy head-on…in the form of foreclosure notices?…

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Published Saturday, September 11, 2010 @ 6:30 pm

If, when examining your credit card debts, mortgages payments or other loans, you find you are in arrears, but also have regular income to catch up with those back payments (just not all at one time), you may find that Chapter 13 bankruptcy is your best first step in protecting your biggest assets and income.…

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Published Saturday, September 11, 2010 @ 9:18 am

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?…

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Published Thursday, September 2, 2010 @ 10:32 am

Last year, one million people filed for bankruptcy, with 2010 on tap to top even that staggering figure. So what’s behind the big bankruptcy bump? A continuing housing crisis, higher health care costs, and unemployment hovering the double-digits. As a result, many people who have already filed in the past may be facing another round of tough financial times, and considering a second-time bankruptcy.…

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Published Wednesday, September 1, 2010 @ 10:07 am

In an era of meteoric unemployment rates, looming layoffs and job uncertainty, income can be a tough thing to talk about these days.

But for those men and women seeking the priceless protections of a bankruptcy—many for the same unfortunate economic reasons listed above—talking about income is at the very core of a successful bankruptcy filing.…

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Published Monday, August 30, 2010 @ 2:25 pm

Regardless of your current financial situation—from good credit to no credit—there’s no denying that we’re living in a tough housing market. So if you’re considering bankruptcy, you might think that if it’s a challenge to become a homeowner for those in the best financial times, it might be next to impossible to acquire your dream home if you’re currently recovering from a Chapter 7 or 13 bankruptcy filing.…

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Published Thursday, August 26, 2010 @ 11:46 am

During the mid-2000s, housing prices reached stratospheric levels with mortgage lenders more than willing to be liberal with their loans, selling the idea of the “home as American Dream” to anyone who would listen—whether they were qualified or not.  But, if the recent housing crisis has taught us anything, it’s that home ownership isn’t always what it’s cracked up to be.…

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Published Thursday, August 12, 2010 @ 2:06 pm

In this underwater housing market, the old adage that renting a home is the same as throwing your money away can be grossly inaccurate. In many cities, from San Francisco to Dallas to New York, “price to rent” ratios make leasing property a no-brainer. But now, even smaller cities like Omaha, Oklahoma City and Kansas City appear on top ten lists of places better to rent than own.…

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Published Monday, August 9, 2010 @ 2:58 pm

Chapter 13 bankruptcy can be a great way to clear your financial slate, while, at the same time, entitling you to hold on to your precious property even in the most precarious economic situations. To do so, Chapter 13 bankruptcy allows you to construct what is hopefully a realistic financial reorganization plan that allows you to pay back all of your debts over the course of three to five years.…

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Published Monday, August 9, 2010 @ 2:00 pm

This unrelenting economic downturn has been tough on all Americans—whether they be single, dating, engaged, married or widowed. But, as anyone who has ever been married already knows: money (or lack thereof) can be the main cause of many couple’s marital strife. As a result, in this especially difficult economic climate—full of job insecurity, foreclosures, and slow economic gains—many have been pushed to the brink of bankruptcy, and, along with them, the people who love and wanted to marry them.…

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Published Friday, August 6, 2010 @ 12:38 pm

Chapter 13 bankruptcy involves the facilitation of a financial reorganization plan that allows you to pay back your expenses over the course of three to five years. As a result, a Chapter 13 bankruptcy also requires that you look ahead three to five years in order to construct a realistic and sensible plan that can work for you.…

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Published Wednesday, August 4, 2010 @ 6:54 pm

Chapter 13 bankruptcy can be a great way to clear your financial slate, while, at the same time, entitling you to hold on to your precious property even in the most precarious economic situations. To do so, Chapter 13 bankruptcy requires you to construct what is hopefully a realistic financial reorganization plan that allows you to pay back all of your debts through a monthly repayment plan, much like your car note, credit card bill or house note.…

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Published Monday, August 2, 2010 @ 9:00 am

Despite a continuing overseas economic crisis, the U.S. saw a fourth consecutive quarter of economic growth. This good news is tempered by another economic prediction: with stimulus spending on the decline and the economic recovery sputtering, experts are warning of a troubling new pattern—an economic upturn too slow to put Americans back to work and get the nation back in business.…

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Published Friday, July 30, 2010 @ 2:58 pm

More bad news for those facing tough financial times: mortgage foreclosures are likely to top the one million mark in 2010. As The Associated Press reported in the last week, “Nearly 528,000 homes were taken over by lenders in the first six months of the year, a rate that is on track to eclipse the more than 900,000 homes repossessed in 2009, according to data released Thursday by RealtyTrac Inc., a foreclosure listing service.”

By comparison, according to RealtyTrac, in an average year the United States only sees about 100,000 homes in foreclosure.…

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Published Wednesday, July 14, 2010 @ 5:12 pm

For many people, divorce can cause a huge financial strain in already tough economic times. In others cases, it’s the crushing weight of debt that leads to the dissolution of a marriage.  Whatever the ultimate cause, and effects, when considering bankruptcy amid a divorce it’s important to know a few basics.…

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Published Wednesday, July 7, 2010 @ 8:48 am

For most recent college and post-college graduates, the hot summer months are a chilly reminder that student loan repayment deadlines are mere months away. These impending debts arrive at some of the toughest economic times ever for the newest round of job seekers, as the nation, and especially its youngest workers, continue to face record unemployment and mounting consumer debt.…

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Published Saturday, July 3, 2010 @ 5:29 pm

If you’re considering bankruptcy, you may be wondering about the nuts and bolts of the bankruptcy process. One part of this process is the 341 meeting.  After filing your Chapter 13 or Chapter 7 bankruptcy, you are REQUIRED to attend a meeting of your creditors, otherwise known as a “341 meeting.” Named for section 341 of the bankruptcy code that mandates a meeting between a bankruptcy bound debtor and creditors, it normally occurs three to six weeks after your bankruptcy filing.…

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Published Thursday, June 17, 2010 @ 8:17 am

Just when you thought it was safe to call it an economic recovery, the American Bankruptcy Institute (ABI) pointed to a continuing recession with reports last week that personal bankruptcy filings for the month of May 2010 have increased compared with a year ago (May 2009). In this data also reveals figures finding that total bankruptcies dropped slightly in May 2010 versus the previous month of April 2010.…

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Published Tuesday, June 15, 2010 @ 12:16 pm

In an era of extreme economic downturns and job insecurity, having a car at your disposal has never been more necessary for work, job interviews and providing other basic fiscal needs…even as you consider a personal bankruptcy.   Fortunately, in most places a regular car, as in one single car, is usually exempt from bankruptcy to allow average Americans just like you to get to work, school and make runs for basic needs and necessary family errands.…

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Published Friday, June 11, 2010 @ 10:10 am

The summer months are shaping up to be tough times for recent college graduates. This newest round of job seekers continues to face record unemployment and mounting consumer debt. So what happens when these poor economic conditions coincide with mandatory payback timelines for astronomic educational loans? One word: defaults. In fact, many recent grads will soon exceed the 270-day window for beginning paying back their student loan, triggering a default on their mounting student loans—loans that often have high interest rates.…

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Published Wednesday, June 9, 2010 @ 7:23 pm

Despite faint signs of recovery in the business world, bankruptcy courts in America are busy handling more personal bankruptcies. Really busy.

In the last month of the first quarter of this year, more individuals filed for bankruptcy than in any month since last 2005. Back then, there was a last minute rush to seek financial protection because of the soon-to-be-enacted Bankruptcy Abuse and Consumer Protection Act, which made bankruptcy laws what they are today.…

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Published Tuesday, April 27, 2010 @ 10:22 am

The main thrust of 2005’s Bankruptcy Reform Act (unceremoniously known as “BARF”), is a bankruptcy deterrent called the “Means Test”—a formula for determining your ability to pay back your debts. Your inability to pass this test limits your options to filing a Chapter 13 bankruptcy plan, which still discharges your unsecured debt, but takes longer to complete.…

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Published Thursday, April 1, 2010 @ 10:48 am

Are you feeling too broke to break out of debt? For those ready to end the cycle of debt, it is important to understand that bankruptcy is not a one-size-fits-all solution, and bankruptcy filings are complex cases catering to your individual economic needs.

Bankruptcy, like so many areas of the law, is in a constant state of evolution, having been refined and redefined over the decades and through several important pieces of legislation.…

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Published Sunday, March 28, 2010 @ 2:30 pm

For all the political uncertainties about health care reform, at least one thing seems clear: when President Obama signed landmark health care legislation into law this week, it marked real changes for Americans facing medical debt.

And, as such, these changes couldn’t come at a better time. Even amid surging unemployment and mortgages underwater, health care expenses have become the primary financial breaking point for millions of Americans.…

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Published Sunday, March 7, 2010 @ 8:10 am

Before you begin the bankruptcy process, it’s important to understand a few helpful hints to make it a more painless process:

(1) Remember: You are not Alone.
Maybe you think of bankruptcy as something for “other people.” But the days of bankruptcy as a means of financial respite for the perpetually poor are no more: everyone from the solidly middle class to formerly wealthy Americans are being forced into bankruptcy more than ever before.…

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Published Wednesday, March 3, 2010 @ 12:24 pm

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.…

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Published Tuesday, March 2, 2010 @ 10:09 am

Developed to slow the rate of Chapter 7 bankruptcy filings, the Means Test helps determine whether or not someone qualifies to file Chapter 7, and in a Chapter 13 bankruptcy, to what extent you might be able to pay back some of your creditors. It’s become a very frustrating part of the bankruptcy process because it implies, “Hey, you just don’t want to pay your bills.”  Not only that, it also subjects filers to additional frustration, confusion and widens the gap between citizens and the law in place to protect them.…

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Published Saturday, February 13, 2010 @ 1:09 pm

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.…

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Published Saturday, February 13, 2010 @ 8:08 am

In this era of extreme homeowner hardship, mounting medical bills, and surging unemployment, most people use their credit cards—for better or for worse—just to get by. But, as everyone knows, there’s a price to pay for playing with plastic, including, over recent years, soaring interest rates, diminishing card disclosures, and a general lack of lender and credit card company transparency.…

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Published Tuesday, February 9, 2010 @ 6:39 pm

If you couldn’t tell by the utter onslaught of tax preparation service ads and the sudden presence of temporary cubicles in that once abandoned retail space at the corner of your favorite strip mall, let us be the first to remind you that it’s tax season.

We take interest in this time of year because tax returns can mean one of two things to our readers: more debt or more money.…

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Published Tuesday, February 2, 2010 @ 2:30 pm

Many of our clients automatically assume they will lose their rental property if they file for bankruptcy. Isn’t that the whole idea of bankruptcy? That you give up everything you have, with a few exceptions, in exchange for getting the debt collectors off your back?

Well, no. Many factors come in to play in determining whether or not you will be forced to sell your rental property, including whether you file chapter 7 or chapter 13, how much money you owe on the property and how much income you receive from it.…

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Published Monday, February 1, 2010 @ 4:46 pm

You may have read on the blog, or elsewhere, that many are calling our current economy a “middle class recession.” This is because the numbers are way up on bankruptcies filed by those who make more than $60,000 per year, up 6.9 percent from 2008. Bankruptcies on the whole are up 36.5 percent from this time last year.…

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Published Monday, February 1, 2010 @ 4:15 pm

Can your landlord evict you if you declare bankruptcy? That depends on the circumstances. If you’re not behind on your rent, your landlord may never have to know about your bankruptcy. As long as you keep paying your rent, it’s not really his business. A landlord can’t evict you just because you filed for bankruptcy.…

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Published Monday, February 1, 2010 @ 10:48 am

The decision to file for bankruptcy is never an easy one, especially where married couples are involved. Spouses must settle issues of dishonesty, mistrust, and frustration–and that’s even before any of the complex steps of collecting necessary documents and filing papers.

But the story for insolvent couples does have a caveat: joint bankruptcy protection.…

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Published Sunday, January 31, 2010 @ 6:04 pm

I’ve never known a person who believed that declaring bankruptcy was an easy solution to their problems. I have never heard anyone suggest that bankruptcy should be used as a tool to intentionally shaft creditors out of spite, or to gain power. Nor have I come across anyone who garnered some sort of perverse pleasure in leaving legitimate creditors, be they large companies or individuals, to twist in the wind.…

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Published Sunday, January 31, 2010 @ 7:38 am

There is so much we do not know about the things that put us into debt. From credit card fine print to car lease agreements and as the last few years have demonstrated, even the most basic facts about our home loans.

To anyone with the ability to fog a glass, it is more than evident that our collective ignorance on these matters is precisely what causes our country to carry so much personal debt.…

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Published Monday, January 25, 2010 @ 6:57 pm

Ugh. Debt. These days most Americans are sick of hearing the d-word. And who can blame us? Americans are in more debt now than ever before. Avoiding debt seems impossible…there are so many things you can’t even do without credit cards or loans that we now take debt as a matter of course.…

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Published Monday, January 25, 2010 @ 6:33 pm

It’s tax season. Which means that for most people, it’s time to realize just how much we give to Uncle Sam every year. For some, the prospect of a refund provides a glimmer of hope that some new money is coming in soon to pay off debts.

Just a quick little note on your tax dollars before we get into the meat of this post: it is actually better to owe just a little bit of money after filing because that means that you have used more of our your own money throughout the year instead of giving it all to the government.…

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Published Monday, January 25, 2010 @ 8:41 am

Part of understanding bankruptcy is knowing who the professionals are that you will meet and deal with along the way. From your attorney to even your creditors, it helps provide a solid foundation of comfort to actually understand the role of those who are playing a role in your financial future.…

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Published Sunday, January 24, 2010 @ 10:36 am

It’s almost February and ‘tis the season for thinking about tax time—even more so if you find yourself considering the benefits of bankruptcy. So, if you believe you’re bankruptcy bound in 2010, in addition to trying to get your 2009 taxes filed in a timely manner, you may also be wondering whether you can discharge any income tax debt in your bankruptcy filing.…

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Published Saturday, January 23, 2010 @ 7:15 am

You know your creditors: those nice folks who give you something you want — goods, services, or money — in exchange for your promise to pay them back at a later date.  In practical terms, a creditor can be a credit card company, a bank, a hospital, your local dentist, or any person or company to whom you owe a debt.…

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Published Thursday, January 21, 2010 @ 11:50 am

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?…

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Published Tuesday, January 19, 2010 @ 3:02 pm

So you’re drowning in debt and desperate for a way out. A friend or relative asks if you’ve considered a 401k loan. “They’re quick, simple to qualify for, and here’s the best part: you’re paying the interest to yourself.” Sounds like a brilliant solution, right? Why pay 25% interest to a credit card company when you could be paying 6% interest to yourself?…

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Published Friday, January 8, 2010 @ 8:34 am

Bankruptcy should not be an embarrassing process. It’s bad enough the credit industry has surrounded it with negative stereotypes to make people believe it’s a life-altering decision.

However, for a number of people in Milwaukee, Wisconsin, filing Chapter 13 has become a series of perpetual embarrassments and ceaseless frustration as a result of a healthcare provider making public the medical conditions of patients who have filed for protection when their bills became too much to manage.…

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Published Thursday, January 7, 2010 @ 9:25 pm

The bankruptcy numbers for 2009 are out, and as expected, they’re high. According to a report in the Associated Press, 1.4 million people declared bankruptcy last year. That’s the seventh highest number ever, and the largest number since the change in the 2005 bankruptcy laws. 110,000 people declared bankruptcy in November, marking the 9th straight month of more than 100,000 bankruptcy filings.…

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Published Tuesday, January 5, 2010 @ 11:46 am

America is a nation of givers. Despite the recession and high unemployment, approximately 80% of Americans continued to give to religious and/or secular charities. Many people who’ve lost their jobs or accumulated large amounts of debt nonetheless continue to struggle to donate to churches and causes they believe in. Perhaps you’re worried that declaring bankruptcy would put an end to your ability to donate.…

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Published Tuesday, January 5, 2010 @ 6:29 am

The New York Times recently published an insightful article detailing the struggles of homeowners facing foreclosure in the outer boroughs of New York City. At the New York State Supreme Court building in Jamaica, Queens, they come face-to-face with the lawyers representing the banks and the loan servicers that are pursuing foreclosure on their homes.…

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Published Wednesday, December 30, 2009 @ 10:49 am

You don’t have to be Chrysler or GM to consider bankruptcy. Maybe you are a small business owner with just a few employees and are struggling to keep everyone on the payroll while you fight off creditors, waiting for the next big contract to come through. You’re not alone. Here are the things you might consider as you look down the road.…

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Published Monday, December 28, 2009 @ 4:40 pm

Student loans are the source of many an American’s debt woes, especially in today’s down economy. If you have ever looked into discharging your student loan debt through a bankruptcy filing, you have discovered that, while not impossible, discharging student loans in bankruptcy is extraordinarily difficult.

Student loans are not dischargeable in bankruptcy unless continued payment of those loans poses an “undue hardship” under Bankruptcy Code Section 523(a)(8).…

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Published Sunday, December 27, 2009 @ 5:31 pm

If the present economic environment wasn’t Scrooge enough, just in time for the holidays, it appears the Obama Administration’s Making Home Affordable foreclosure prevention plan has failed to meet its goal of helping millions of Americans avoid foreclosure.

In fact, according to a recent Treasury Department report, 27 percent of the 650,000 homeowners taking part in the mortgage modification program are now delinquent on their mortgage payments.  Reflecting the mortgage industry’s aversion to permanently modify mortgages, of that number, only 1,711 participating homeowners attempting to avoid foreclosure have been able to convert their modifications to permanent status.…

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Published Thursday, December 24, 2009 @ 1:01 am

Well, it’s the holidays, so it’s time have some fun and hopefully, forget about all those pesky financial problems. They say humor is the best medicine, so we searched around and came up with a few great jokes about, well, what else? Money! Enjoy …

At the annual Christmas gathering, all the kids were at the feet of their wealthy old great granddad, who was settled in his chair entertaining them with classic yarns about days gone by and memorable life adventures.…

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Published Saturday, December 19, 2009 @ 10:10 am

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.…

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Published Sunday, December 13, 2009 @ 6:54 pm

In Part I of the Preventing Foreclosure series, you received an introductory look at how to keep your home, with Part II of this six-part series emphasizing the power of being proactive, providing even more specifics on the best ways to prevent impending foreclosure proceedings by working directly with your mortgage lender before you find yourself falling behind.…

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