Published Wednesday, January 25, 2012 @ 7:36 am

“This matter is serious and will cause problems at the job.”

Believe it or not this is exactly what collection representatives from California-based debt collection company, Rincon Debt Management, were asked to tell unassuming Americans each time they attempted to collect on back debts.

But based on a complaint filed by the Federal Trade Commission, often the debtor they were trying to pressure didn’t owe any money at all.…

Read more

Published Tuesday, December 6, 2011 @ 3:32 pm

In a classic case of what goes up, must come down, the world’s forth largest airline is now seeking the safe havens of bankruptcy so that it might once again be “something special in the air.”

According to Reuters, American filed for Chapter 11 bankruptcy protection this week “to cut labor costs in the face of high fuel prices and dampened travel demand, capping a prolonged descent for what was once the largest U.S.…

Read more

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.…

Read more

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.…

Read more

Published Wednesday, October 5, 2011 @ 7:51 am

In what is becoming a “developing” story, financial news outlet Bloomberg is reporting that Eastman Kodak Company is currently weighing the benefits of a bankruptcy filing. The 131-year-old U.S. camera company recently hired law firm Jones Day for restructuring advice, the Wall Street Journal reported. Long known for its wide range of photographic film products, Kodak had recently tried to turnaround years of dramatic declines by refocusing on the major markets of digital photography, digital printing and its planned sale of 1,100 digital imaging patents, which the company said accounted for about 10 percent of its total patent portfolio.…

Read more

Published Tuesday, September 13, 2011 @ 1:21 pm

When President Obama released his eagerly anticipated $45 billion jobs plan last week, many economists were quick to criticize the efficacy of the strategy’s payroll tax cuts.

But many small business owners across the country are praising the plan, saying that these exact incentives would allow them to immediately hire a number of workers they’ve been needing for months, if not years, but formerly had no way of subsidizing.…

Read more

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.…

Read more

Published Monday, July 25, 2011 @ 11:28 am

Local Businessman Files for Chapter 11 Bankruptcy (And You Can Too)

A North Carolina businessman recently filed sought the safe havens of a Chapter 11 bankruptcy after being hit with two civil complaints in the past year, based on a recent story by the Johnston County’s The Herald. According to the paper, “The Dueas filed for bankruptcy protection on April 29 – about two weeks after a Smithfield cardiologist sued Jody Duea.…

Read more

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.…

Read more

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.…

Read more

Published Wednesday, May 25, 2011 @ 5:50 am

Arts and cultural organizations are not immune to the economic impacts of the recent Great Recession. Falling attendance and rising costs of real estate, overhead and administration marked the decline of many museums, galleries and theatrical venues in recent years.

This same scenario appeared to be problem for the Philadelphia Orchestra, long considered one of the best in the country.…

Read more

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.…

Read more

Published Sunday, April 10, 2011 @ 3:45 pm

Not that long ago, green industries like ethanol producers were on par to make a ton of greenbacks, capitalizing on the needs of a public clamoring for cleaner and less costly alternatives to fossil fuels and rising gasoline prizes. But fast forward to 2011, a time when corn prices have more than doubled while ethanol prices refused to keep pace proportionally with these rises in corn prices.…

Read more

Published Wednesday, March 30, 2011 @ 7:12 am

It may seem strange, the whole prospect of turning a timely tax return into a bankruptcy, but in a nation currently dealing with a healthy debt load, the whole idea that half of Americans get some form or return, comes at a good time for those looking to pay down those debts, or, better yet, find a longer-term solution for their cash-strapped situation.…

Read more

Published Saturday, March 26, 2011 @ 1:00 pm

In the wake of the lingering real estate reckoning, skyrocketing foreclosure rates, and high unemployment and underemployment, folks all across the U.S. had a lot to complain about in 2010. But last year’s well publicized economic troubles were matched by less-reported consumer outrage at a range of financial and privacy concerns sweeping the nation.…

Read more

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.…

Read more

Published Thursday, March 17, 2011 @ 2:06 pm

The Best of National Consumer Protection Week: Part Five: Avoiding International Scams

To commemorate the Federal Trade Commission’s annual National Consumer Protection Week (March 6 – 12, 2011), the FTC is providing a budget-load of handy-dandy information designed to protect your money, your credit, and your overall post-recessionary financial future. So whether you’re rebuilding your economic life post-bankruptcy, or simply trying to speed up your savings, the NCPW blog can yield a wealth of resources exactly at a time when average Americans need a financial infusion, including information about:

• Avoiding foreclosure rescue and other mortgage-related scams;
• Knowing how to spot employment opportunity scams;
• Making the most of your money in the early stages of your career;
• Building and maintaining a budget to improve financial stability;
• Avoiding time-share and credit-card scams offered via text messages; and
• Learning what steps to take to save your home from foreclosure.

…

Read more

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.…

Read more

Published Tuesday, March 15, 2011 @ 12:37 pm

With the resurgence of the nation’s rabid appetite for news and information, the emergence of online shopping, and the advent of e-readers, with their promise of any book, any time, anywhere, as well as cheaper pricing, shoppers are now abandoning bookstores like Borders and Barnes & Nobles as they did music stores more than 10 years ago.…

Read more

Published Tuesday, March 15, 2011 @ 6:55 am

To commemorate the Federal Trade Commission’s annual National Consumer Protection Week (March 6 – 12, 2011), the FTC is providing a budget-load of handy-dandy information designed to protect your money, your credit, and your overall post-recessionary financial future. So whether you’re rebuilding your economic life post-bankruptcy, or simply trying to speed up your savings, the NCPW blog can yield a wealth of resources exactly at a time when average Americans need a financial infusion, including information about:

• Avoiding foreclosure rescue and other mortgage-related scams;
• Knowing how to spot employment opportunity scams;
• Making the most of your money in the early stages of your career;
• Building and maintaining a budget to improve financial stability;
• Avoiding time-share and credit-card scams offered via text messages; and
• Learning what steps to take to save your home from foreclosure.

…

Read more

Published Tuesday, February 15, 2011 @ 8:40 pm

The publishing industry is undergoing some pretty dramatic changes in recent years, with many of these changes reflected in brick and mortar bookseller bankruptcies. And Borders Group Inc. (BGP) is likely the most recent victim of the increasing movement towards e-books and digital media.

According to The Wall Street Journal, the Ann Arbor, Michigan-based national chain which made its major imprint with physical shelf-space for literary best-sellers and popular music CDs, is set to file for bankruptcy this week.…

Read more

Published Monday, February 14, 2011 @ 7:36 am

In these tough economic times, nothing says “I love you” quite like saving money. And the best way to save this month is avoiding Valentine’s Day scams meant to separate you from your cash even as you try bring togetherness into your life—either by treating your partner with something special or by finding one.  This is especially true in an era of online propositions of all sorts, whether they be from online dating sites or unscrupulous vendors awaiting unwary consumers.…

Read more

Published Friday, February 4, 2011 @ 2:59 pm

Commonly we hear of bankruptcy coming to the aid of those drowning in credit card debt, underneath tons of medical bills, or otherwise underwater in their mortgages and facing foreclosure. But in these tough economic times, a sudden and unexpected loss of work can be just as damning to already beleaguered family budgets, sending many households searching for immediate ways to increase money coming in and reducing debts going out.…

Read more

Published Monday, November 1, 2010 @ 10:42 am

Our recent, and lingering, economic recession has left many average Americans wondering how to keep their heads above the proverbial financial water. In a recent (and timely) article from AOL’s DailyFinance entitled, “Mired in Debt? Here’s How to Dig Out Safely,” the financial resources site discusses just that: strategies for success when trying to dig yourself out of mountains of debt.…

Read more

Published Tuesday, October 5, 2010 @ 12:14 pm

While many of us were reading the Sunday paper, sitting in our various places of worship or otherwise relaxing and enjoying the weekend, Austan Goolsbee, Obama’s chief economic adviser, was telling Christiane Amanpour of ABC’s “This Week” that unemployment in the United States is “going to stay high.”

“This recession is the deepest in our lifetimes, the deepest since 1929,” said Goolsbee, who was just appointed chair of the White House Council of Economic Advisers.…

Read more

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?…

Read more

Published Wednesday, August 18, 2010 @ 7:44 am

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.…

Read more

Published Wednesday, August 11, 2010 @ 9:22 am

If you are considering bankruptcy or are already bankruptcy bound, you likely understand some of what there is to know about the benefits of a bankruptcy filing, including the ability to discharge certain types of debt. What may be lesser well-known in the bankruptcy process is the need (or not) for reaffirmation agreements and their relationship with your debt, collateral and holding on to (or restoring) much-needed property.…

Read more

Published Sunday, August 8, 2010 @ 9:04 am

You might have seen reports that federal stimulus funding has stemmed the tide of school layoffs, has caused a marked increase in roadside construction projects, or has brought about broadband to areas preciously unable to get it; but many of the beleaguered masses are searching for more direct benefits from stimulus spending. 

Well, now it seems your local retailers aren’t waiting around for an economic rebound, they’re taking the concept of economic “stimulus” into their own hands with programs poised to get you spending in their stores, while providing more substantial savings for your trouble.…

Read more

Published Wednesday, August 4, 2010 @ 9:01 am

Say you sought the help of a doctor to cure some ill in your life. However, instead of helping you heal, your physician actually makes you sicker. Realizing this, you would likely not only move on to a different doctor, but also report the offending physician—a professional, like many others, whose misconduct could mean malpractice, serious sanctions and a loss of licensure.…

Read more

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.…

Read more

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.…

Read more

Published Thursday, May 13, 2010 @ 3:20 pm

When you’re deep in debt, it may seem like your creditors are an ever-present part of your life…showing up where and when you least expect them. The calls and letters alone can leave your reeling, and feeling, used and abused.

As we’ve already seen in the first two parts of the four-part series, “Creating a Barrier to Bill Collectors,” unsecured creditors, the ones at the bottom of the financial food chain, are more likely to be the ones contacting you via phone, sending you letters, and generally harassing you for cash, any cash, where and when they can.…

Read more

Published Saturday, April 24, 2010 @ 8:06 am

In these tough economic times, many families are facing unprecedented financial challenges. This country’s recent Great Recession has dealt, and continues to deal, a significant blow to the budgets of Americans—leaving millions in debt, underwater in their mortgages, perpetually jobless and looking for any means necessary to get back on a financially-healthy track.…

Read more

Published Thursday, April 1, 2010 @ 10:18 am

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, tax time can  yield a long-term solution for some cash-strapped citizens.…

Read more

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.…

Read more

Published Monday, December 7, 2009 @ 12:57 pm

The rise of mega-bankruptcies in the last two years has literally changed the face of how our financial system works, incorporating new precedents for pre-arranged Chapter 11 filings and instituting new standards of government intervention. Now the results of these sweeping insolvencies are being translated into legislative activity.

For a number of weeks, lawmakers have been considering a new method by which to systematically dismantle struggling companies that if allowed to crumble under current laws, would pose a significant risk to the economy.…

Read more

Published Tuesday, August 4, 2009 @ 9:53 am

In 2005, Congress passed the most dramatic reforms the laws of bankruptcy had seen for 20 years. You may have heard of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 already because it’s a sore topic with bankruptcy lawyers and other consumer and debtor advocates. Though the name of the law suggests that Congress also intended to protect consumers, the fact that “abuse prevention” appears first in the title is telling.…

Read more

Published Monday, July 20, 2009 @ 11:01 pm

The automatic stay is one of the greatest benefits that filing for bankruptcy has to offer. However, it is important to note that there are some exceptions to the applicability of automatic stay rights.  You will not be protected from criminal prosecution, divorce proceedings, government regulatory procedures (except for efforts to collect on pre-petition debt–these will be barred) and efforts to collect on child support and alimony, or even modifications of the support orders.  Regular deductions for payments of a loan against a retirement plan may also continue even after the stay.…

Read more

Published Tuesday, June 9, 2009 @ 4:00 pm

Immediately after filing for bankruptcy, you can let out a sigh of relief for the first time in a long time― finally you will catch a break from your creditors!  One of the fundamental protections for debtors in the bankruptcy process is the automatic stay, which provides a much needed break from the relentless collection efforts of ruthless creditors.  An automatic stay is an injunction― essentially, the court bars further attempts at collection and can impose judicial punishments for disobeying the stay.…

Read more

Published Monday, June 8, 2009 @ 5:46 pm

After you file for Chapter 13 bankruptcy, the court will set what’s called a 341 meeting. The 341 meeting in a Chapter 13 bankruptcy is similar in many respects to the Chapter 7 meeting, but they will not be identical. The 341 meeting, like some other parts of your bankruptcy process, will have some variations depending on your local jurisdiction, which is why it is a good idea to hire a bankruptcy attorney who practices in your area and is familiar with local procedure.…

Read more

Published Tuesday, June 2, 2009 @ 2:22 pm

When you have been dealing with huge bills and no way to pay them for a long time, filing for bankruptcy protection can come as an enormous relief, putting an end to the uncertainty of a precarious financial life. For one thing, your paychecks will finally stretch to cover your expenses.…

Read more