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, 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 Monday, September 26, 2011 @ 7:24 am

Need signs that credit card companies are getting more aggressive with their credit card tactics and tricks? Well, there’s 346 million reasons from one particular credit card purveyor, Citigroup.

Based on a new report from The Wall Street Journal, in the third quarter alone, the bank mailed more than 346 million credit card offers to unwitting customers.…

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Published Friday, September 9, 2011 @ 6:42 am

Remember when Labor Day used to mark the last three-day weekend for waning summer fun and frivolity?

Well fast forward to September 2011 when Labor Day weekend arrives on the heels of disheartening fiscal news that the American economy added no jobs during the month of August (you read that correctly: none, zero, zilch), signifying to financial commentators and economic experts alike that the slow and steady economic recovery appears to be furiously losing steam.…

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Published Wednesday, July 27, 2011 @ 6:49 pm

This week, Citigroup will launch a brand, spanking new credit card that purportedly carries with a trifecta of post-recessionary perks: no late fees, no penalty rates and a single interest rate for purchases, balance transfers and cash advances.

As reported by The Associated Press, Citi’s revamped “Simplicity card” sells itself as exactly that: it will be marketed to those who are “juggling busy schedules” and “want a credit card with simple terms.” In fact, Jud Linville, CEO of Citi Cards told the AP, “It lets them not have to worry that they’re going to be late on a payment.…

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Published Thursday, June 16, 2011 @ 2:46 pm

If you’re currently in bankruptcy or considering the benefits a bankruptcy can provide, you might be wondering about budget-conscious ways to truly get-away this summer, without, that is, wearing a complete hole in your wallet. But with gas prices on the rise and high unemployment holding steady, the prospects of seasonal vacation may not seem possible.…

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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 Saturday, January 22, 2011 @ 7:22 pm

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.…

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Published Thursday, August 26, 2010 @ 11:54 am

So, like a very large number of Americans today, you think bankruptcy is your best route out of the financial doldrums.  After all the credit counselors, self-help books and Craigslist charlatans, it’s likely that you’ve grown tired of the debt cycle. We understand. That is what brings a lot of clients to our offices.…

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Published Thursday, July 29, 2010 @ 2:27 pm

People are often deterred from filing bankruptcy by a nagging sense of pride that tells them that asking for financial help is somehow admitting defeat. Well, in this type of economy, it couldn’t be further from the truth. And if you need more evidence of that, consider the state of the federal bailout effort, which, while lacking in headlines, continues to be more aggressive today then when it was initially introduced.…

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Published Thursday, July 1, 2010 @ 12:04 pm

While some experts are calling 2010 the year of the economic recovery, bankruptcy filings are in true recession-era form, rising in recent months, and, according many analysts, increasing with no end in sight. In early June, the American Bankruptcy Institute (ABI) validated these fears, reporting that personal bankruptcy filings for the month of May 2010 increased compared with a year ago (May 2009).…

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Published Wednesday, June 16, 2010 @ 2:18 pm

In these tough economic times, eating healthy doesn’t have to mean eating expensively; in fact, it can often mean the opposite. As any nutritionist worth his or her salt can tell you, eating in often means eating better; and as any economist will tell you, eating out can starve your wallet.…

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Published Friday, March 19, 2010 @ 7:09 am

This time of year, America is officially springing forward with most U.S. citizens trading an hour’s worth of sleep for more evening sunshine to enjoy after work. Yet, Daylight’s Savings Time 2010 means more than additional playtime for you in the daylight hours; it also means it’s primetime for planning a much-needed Spring Break and/or, in many cases, a much-deserved Summer vacation.…

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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 2, 2010 @ 7:49 am

The Triangle is a well-known national business center. With major universities driving innovation and a healthy collection of global technology and pharmaceutical companies touching all of its borders, history tends to be on our side in times of financial worry. Our area is known for entering recessions late and coming out of them sooner.…

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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 24, 2010 @ 8:18 am

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.…

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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 Wednesday, January 20, 2010 @ 9:34 am

The traditional media industry is hurting. Specifically, hard news print vehicles, newspapers mainly, have been decimated by the rise of the Internet and a rapid decline in advertiser spending as a result of both new media opportunities and of course, the recession.

The most recent indication of America’s tilting favoritism toward all things online, the publishing parent of newspapers like the Denver Post and San Jose Mercury News is expected to petition for bankruptcy in the next few days.…

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Published Wednesday, January 6, 2010 @ 7:22 am

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.…

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Published Tuesday, January 5, 2010 @ 1:52 pm

Foreclosure is a common precursor to bankruptcy. More often than necessary, it happens before a family really knows where to turn for help.

Worse yet, those who lose their home in foreclosure continue to spiral into debt and end up filing bankruptcy long after it could have been used to help save their home in addition to relieving them from the agony of overwhelming monthly credit card bills and other debts.…

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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 @ 10:10 am

A common practice for many businesses and individuals is to make charitable contributions that can then be used as a tax deduction. Whether the motivation be a tax benefit or true philanthropy, many organizations depend on these contributions.

The contributions that Joe Kimmel has made to two local universities in western North Carolina are likely to come to an end soon as the philanthropic business man has filed for personal bankruptcy protection as well as protection for his company, Kimmel and Associates.…

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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 Wednesday, December 9, 2009 @ 6:30 pm

For Americans laboring in long department stores lines, hot off the hunt for holiday deals, the cashier question “would you like to save 10% on your purchase today?” can be as common as a seasonal cold. And for well-known retailers seeking to make a profit this Christmas shopping season—from Target to World Market—pitching a retail credit card with the promise of an initial discount is an innovative way to make them fast money and you financially miserable.…

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Published Thursday, December 3, 2009 @ 6:11 am

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.…

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Published Saturday, November 28, 2009 @ 6:12 pm

Making the decision to file is a difficult one. Choosing the right attorney is a pretty daunting task as well. Now that all that is done it is time to make and go to your first appointment.

Expect to be a little anxious. You are about to commit to a big lifestyle change.…

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Published Thursday, November 19, 2009 @ 10:33 am

While credit card debt may not always be the reason a person files bankruptcy, it is a significant factor in many cases. There are myriad reasons why those balances become so unruly. Impulse purchases, for example. However, a lot of that debt can also be attributed to deliberately confusing contract agreements.…

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Published Wednesday, November 4, 2009 @ 10:31 am

For many Americans, the news of a credit card company declaring bankruptcy would be welcome news. However, before any corks are popped, those celebrating should look a little deeper into what Advanta Corp.’s Chapter 11 filing means for the economy.

Advanta Corp. provides credit cards to small businesses, which they can use to buy general business items and support operations.…

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Published Sunday, October 18, 2009 @ 1:03 pm

Apart from the more typical fraudulent charges and billing errors, a common situation leading to credit disputes concerns purchase protection. This comes into play when you make a big ticket purchase from a merchant, charge it to your credit card, and then receive the good…only to discover that it is defective.…

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Published Wednesday, September 16, 2009 @ 10:06 pm

The four-year anniversary of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) is right around the corner. You might recall all the hype in the months leading up to the enactment of BAPCPA. This was the banking and credit industry’s seventh attempt to get the legislation on the books. They pitched BAPCPA as necessary to curb “rampant abuse” and to restore “personal responsibility and integrity” in the bankruptcy process.…

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Published Monday, September 7, 2009 @ 7:20 pm

So let’s say you run into some financial troubles. You meet with a bankruptcy attorney to discuss your options. You’re thinking that, if you’re going to file, you should try to refinance your mortgage first to lower the payments and ease some of the pressure. You’re also thinking you might want to go ahead and replace that old clunker with a reliable car to make sure you won’t have a problem getting to work during your bankruptcy case.…

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Published Saturday, September 5, 2009 @ 8:16 am

Let’s say you file a Chapter 13 bankruptcy petition in a given year. You state in your petition that you owe state income taxes for the previous year and give an estimate of that amount. The bankruptcy court confirms your plan. You then file your state income tax return, showing you owe even more than you stated in the plan, and you don’t pay the taxes.…

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Published Thursday, September 3, 2009 @ 9:43 am

The economy is so grim right now it’s hard to see the silver lining, but the good news about markets is that they rarely stand still forever. Even now, economists are slowly and cautiously becoming more optimistic about the situation, and consumers are gradually gaining back confidence. The housing market, for example, posted a quarterly rise in prices for the first time in three years, which may indicate a stirring of recovery.…

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Published Wednesday, August 26, 2009 @ 10:04 pm

A successful bankruptcy is as much about post-bankruptcy decision making as it is about making the initial decision to file. A lot needs to go into each spending choice, every credit consideration and your personal financial management goals.

Multiple bankruptcies are common. However, if you feel you may be getting close to having to file again and the reason is not the direct result of an uncontrollable emergency, there may be some broader, underlying personal issues that were not addressed the first time around.…

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Published Monday, August 24, 2009 @ 11:52 am

Think that only credit card companies and gym memberships get passed off to collection agents? Think again.

In recent years, and now more than ever given the economy, local governments are selling overdue property tax accounts to private companies to gain immediate access to the money needed to supply public services.…

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Published Friday, August 21, 2009 @ 5:49 pm

The last installment of the hugely successful Terminator franchise was widely regarded as anemic―except at the box office , where it grossed a healthy $370 million. That’s a pretty good return on the film, and it hasn’t even been released to DVD yet. So with that kind of success, you’d think the franchise owners would be laughing all the way to the bank, right?…

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Published Sunday, August 16, 2009 @ 6:41 pm

Fear of foreclosure is certainly pushing many families into bankruptcy. Although there are now many programs, both at the state and federal level, to help homeowners avoid foreclosure, if your lender is unwilling to work with you, bankruptcy may be the only way you can stay in your home.

Unfortunately, if you don’t choose to seek help through a bankruptcy attorney or your lender, there are plenty of criminal actors out there that would be more than happy to assist in escaping your financial woes.…

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Published Tuesday, August 11, 2009 @ 6:56 am

Forget getting cash for your clunker. If you want a real deal on a car after bankruptcy, hop online and get bidding. General Motors has just announced a partnership with its online auction counterpart eBay to start posting vehicles from more than 200 California dealerships as part of an ongoing effort to spur sales after the car maker’s recent bankruptcy.…

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Published Thursday, August 6, 2009 @ 6:56 am

In a recent post, we talked a little about the “Meeting of Creditors.” That got us to thinking, are there other terms and steps along the way that we could help you better understand if you are still considering filing bankruptcy? And, does the blog mention or gloss over some terms that leave you with questions?…

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Published Wednesday, August 5, 2009 @ 7:14 am

One aspect of bankruptcy you don’t hear much about is what happens after you file. One of the steps that tends to be a little disconcerting for those who have just filed Chapter 7 or Chapter 13 is the “Meeting of Creditors.” It just sounds so intimidating, doesn’t it?

Truthfully, it isn’t.…

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Published Tuesday, August 4, 2009 @ 11:15 am

You have been tempted by the e-mail (we all have, at least for a second) to cash a comma laden check for a desperate soon-to-be-millionaire in Tanzania and you have probably clicked on the search engine pop-up promising to make you $10,000 per month from home for only five minutes worth of work per week.…

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Published Friday, July 31, 2009 @ 2:46 pm

The Tribune Company, which owns the iconic Chicago newspaper of the same name, has almost completed the process of relinquishing ownership of another Chicago icon. To the tune of $900 million, the Chicago Cubs, famously consistent losers and one of baseball’s most beloved clubs, is being purchased by Tom Ricketts, who had won exclusive negotiating rights as early as January of 2009.…

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Published Monday, July 27, 2009 @ 9:10 pm

The team here at the Law Offices of John T. Orcutt is certainly qualified to help you put things in perspective and as smoothly as possible, help you through the tough financial times. Nevertheless, the impact of bankruptcy can be quite emotional, regardless of how professionally it is handled. Thus, we hope it helps you to read a little about some of the more interesting stories happening in the world of bankruptcy today.…

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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.…

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Published Sunday, July 19, 2009 @ 5:13 pm

There are many reasons for filing bankruptcy. From sudden medical expenses to layoffs, We already know medical bills are a substantial reason people file and that even smart consumers have faced serious challenges as a result of uncertain mortgages.

Regardless of your reasons, life after bankruptcy offers you the chance to start in a new direction.…

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Published Sunday, July 19, 2009 @ 4:08 pm

Gambling, not at all unlike compulsive spending in department stores, can often lead to serious financial pitfalls. Despite the prevalence of gambling addictions in America, debts incurred by too much betting were at one time non-dischargeable in bankruptcy. While the specifics of dischargeability with any type of debt should be explored with a bankruptcy attorney, it is important for you to know that if you count gambling losses as one of your reasons for bankruptcy, the odds are in your favor that it can be discharged.…

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Published Saturday, July 18, 2009 @ 3:56 pm

As we’ve discussed here several times, there is a very good chance you can keep your home when filing bankruptcy. However, those of you who rent may find reason to worry about that ubiquitous “credit check” that shows up on every new rental application.

Whether a faceless, multi-billion dollar property management company or a private duplex owner down the street, landlords need to know they can collect rent.…

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Published Friday, July 17, 2009 @ 4:58 pm

Most of us go on vacation to get away from the things that are causing us stress. Well, that might not be so easy anymore. Travelers across the country are reporting an increase in collection agency contact for even nominal amounts of money because of a dispute they raised with airlines, hotels and rental car companies–even after the company has acknowledged its own mistake.…

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Published Tuesday, July 14, 2009 @ 8:21 am

We all make mistakes, but some are more costly than others. So how costly is it if you forget to list a debt in your bankruptcy paperwork? There’s no need to panic; forgetting to list a debt isn’t the end of the world. However, depending on what kind of bankruptcy you file, it can cause some problems in your bankruptcy.…

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Published Monday, July 13, 2009 @ 2:59 pm

If you have declared under Chapter 13, you may be eager to refinance your home. In doing so, you should pay close attention to what the mortgage companies are proposing and whether you will actually benefit from refinancing.  It is a good idea to research companies offering refinancing during Chapter 13 and analyzing their track records with consumers.…

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Published Saturday, July 11, 2009 @ 8:07 am

Chapter 11 bankruptcy is in the news a lot these days. Like individuals, more and more large corporations are struggling to weather the current economic downturn. Just think of GM, Chrysler, Lehman Brothers, and the like. Chapter 11 bankruptcy essentially does for corporations what Chapter 13 does for individuals: it allows them to reorganize their debts into an affordable repayment plan.…

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Published Friday, July 10, 2009 @ 5:34 pm

While bankruptcy can provide you a haven from financial insecurity, it will not automatically change for you the habits that may have led to your decision to file.

It’s important for you to understand that you are not the only person who has ever overspent. Money was good, credit was easy and why shouldn’t you live the lifestyle you deserve?…

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Published Wednesday, July 8, 2009 @ 9:10 am

So you have decided that it is time to file bankruptcy. Next, it’s time for you find the right kind of help to get you through the maze of paperwork, aggressive creditor tactics and into the court system.

Clearly, a bankruptcy attorney is your best option. But not all attorneys are the same.…

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Published Wednesday, July 8, 2009 @ 12:30 am

The bankruptcies of General Motors and Chrysler have created a buzz in bankruptcy law circles because of their rapid movement through the court system. The sale of GM was formally approved on July 5, marking the nation’s birthday by giving court approval to one of its favorite corporate sons.

Both the GM and Chrysler bankruptcies sped through the courts in under 45 days with the help of sell-off strategies largely orchestrated by the US government.…

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Published Monday, July 6, 2009 @ 8:22 pm

You’ll recall that Psystar filed Chapter 11 bankruptcy at the end of May, right after a judge ordered it to reveal sensitive financial information to computer giant Apple, who had previously sued the small PC maker for copyright infringement. For the past few years now, Psystar has been assembling and selling PCs equipped with Mac programs – without Apple’s blessing.…

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Published Monday, July 6, 2009 @ 11:47 am

Are you hopelessly behind on your mortgage payments and wondering what to do about it? People in your shoes typically do one of three things: (1) try to convince the bank to just take whatever the property can fetch on the market (a “short sale”); (2) just let the bank foreclose; or (3) file bankruptcy.…

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Published Monday, July 6, 2009 @ 8:04 am

As you might imagine, one of the major casualties of the housing bust has been the collapse of home construction suppliers all around the country. The livelihood of these companies depends upon a thriving housing market in which homebuilders are buying windows, paneling, roofing, and other construction materials. But that’s not happening.…

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Published Friday, July 3, 2009 @ 2:12 pm

Can an entire state file for bankruptcy? Anything is possible in California.

The once proud land of opportunity, the state with an economy bigger than most countries and the mecca for all things celebrity, is going broke.

Again.

California’s state legislature is trying to pass a budget to cover what has become a Yosemite-sized gap between the money assigned to state operations in February and a rapid decline in coffer-filling state tax revenue.…

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Published Wednesday, July 1, 2009 @ 8:05 am

Credit card balances, medical bills, mortgages and student loans make up a lot of America’s debt. In this recession-plagued economy, relief from any one of those financial obligations can be a tremendous benefit.

The White House has championed a bill to curb credit card company billing tactics and its mortgage modification program is expanding despite some early setbacks.…

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Published Tuesday, June 30, 2009 @ 4:45 pm

In an ironic twist of fate, a company’s whose claim to fame was helping people “avoid bankruptcy” has invoked bankruptcy protection itself. Debt Relief USA, a credit counseling agency based in Texas, filed Chapter 11 bankruptcy on June 18th. And it shut down all operations. According to its bankruptcy petition, DRU is currently saddled with $5 million in debt and has only $4.65 million in assets.…

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Published Monday, June 29, 2009 @ 10:13 pm

Well, Chrysler’s bankruptcy fire sale is done. It was finalized on June 10th. Now, three main players hold the bulk of Chrysler’s “good” assets: the Italian car-maker Fiat, the United Auto Workers’ retiree healthcare trust, and the federal government. And, the majority of Chrysler’s secured creditors got 29 cents on the dollar for their debts.…

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Published Saturday, June 27, 2009 @ 9:06 pm

The news of Michael Jackson’s death has rocked the entire world. From Los Angeles to Bahrain, fans are mourning his passing. The “King of Pop” had sold an astounding 61 million albums during this career – in the US alone.

Jackson first exploded onto the music scene with his 1982 “Thriller” album.…

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Published Saturday, June 27, 2009 @ 7:59 am

The people creditors hire to do the dirty work of collecting on debts can be the most irritating and persistent bullies you’ll be forced to deal with. Many consumers are not aware that Congressional law exists to protect them against the nasty business practices adopted by some of these bill collectors.…

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Published Friday, June 26, 2009 @ 3:45 pm

By this time of year, the flu and cold season is usually behind us. The windows are open, the jackets are packed away, and the cold medicines are shelved, as we get ready to enjoy the freedom that the warmth of summer brings us. But it’s different this year. The “Swine Flu” (the H1N1 virus) is upon us.…

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Published Friday, June 26, 2009 @ 12:32 pm

If you have spent some time on this blog then you’re probably giving some consideration to filing for bankruptcy. It’s not an easy decision, which is why this blog exists. We understand that it helps to understand what others are dealing with and similar stories about accumulating debt can better help you grasp where it is you stand financially.…

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Published Monday, June 22, 2009 @ 10:00 am

Bucking the trend, 2008 was a prosperous time for Delta Dental – the largest dental benefits carrier in the country. And things were looking good for 2009 as well. In fact, Delta Dental employees in Okemos, Michigan were getting ready for a significant office expansion – last year the company announced it planned to tack on an additional 25,000 square feet of office space in 2009.…

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Published Sunday, June 21, 2009 @ 9:35 pm

Bernie Kosar is a household name, known for his star football career during the 1980s and 1990s. Kosar quarterbacked for the University of Miami and led the team to its first national championship in 1984. After college, Kosar jumped right into the NFL and played as a successful quarterback for the next 12 seasons.…

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Published Saturday, June 20, 2009 @ 7:07 am

Chapter 7 bankruptcy, or a liquidation bankruptcy, involves the sale of any non-exempt assets, and is generally the fastest route to a discharge of debt.. Chapter 13 offers the option of a payment plan, or wage earner’s plan, that allows a person to create a structure to catch up on missed mortgage or auto payments.…

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Published Friday, June 19, 2009 @ 5:04 pm

The apple doesn’t fall far from the tree, right? Sure, but not all apples are created equal – even if they’re exact replicas. At least that’s what computer giant Apple says about the desktops and laptops PC assembler Psystar is selling equipped with Mac programs. “Hackintosh” is the label Apple has given Psystar’s product.…

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Published Thursday, June 18, 2009 @ 11:44 am

If you have spent some time on this blog, then you should understand the value of working with a bankruptcy attorney. Not only can a dedicated legal representative be your best asset in a courtroom, they offer the emotional confidence that everything will be all right in the end. It can be trying and frustrating at times, and that is exactly why you should hire an attorney.…

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Published Tuesday, June 16, 2009 @ 11:44 am

When Francisco Espinosa filed his Chapter 13 bankruptcy petition, he must have had no idea his case would end up before the United States Supreme Court. Espinosa’s case was just another run-of-the-mill consumer filing, except for one thing . . . the repayment plan he proposed provided that he would pay back $13,250 to United Student Aid Funds, Inc.…

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Published Monday, June 15, 2009 @ 10:41 pm

One of the most popular amusement park companies in the world, Six Flags, is experiencing a financial rollercoaster of it’s own, having just filed for Chapter 11 bankruptcy. But it looks the company will come out of the economic corkscrew all smiles.

If the company’s plan is approved by the court, it will be owned primarily by its creditors.…

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Published Monday, June 15, 2009 @ 12:05 pm

“CONGRATULATIONS! You’re eligible for a new mortgage modification program we’re offering exclusively to homeowners in your area. We can save your home from foreclosure, cut your mortgage payments, and even reduce your principal! And you don’t have to do anything! We’ll negotiate directly with your lender. Our team of experienced loan modification consultants are here to help you.…

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Published Sunday, June 14, 2009 @ 6:45 am

You’ve probably heard by now: if you want to file bankruptcy, you have to go through “credit counseling.” This new requirement is part of the “Bankruptcy Abuse Prevention and Consumer Protection Act,” which became law in 2005. The idea is that those filing bankruptcy should get “educated” on how to manage their money.…

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Published Saturday, June 13, 2009 @ 8:13 pm

It took almost five years after legislation passed to make it more difficult to file, but bankruptcies in the United States are at their highest number since 2005. It should not come as a surprise to anyone, given the extent to which job losses, tight credit and the housing market have bludgeoned our economy.…

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Published Saturday, June 13, 2009 @ 10:32 am

We have put a lot on the blog about how your home can be affected by bankruptcy. Hopefully, you’ve read through some of those posts. If not, simply do a search to find as much as you can about the topic because knowing how bankruptcy affects where you lay your head down at night can be very helpful to you and your family.…

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Published Saturday, June 13, 2009 @ 12:58 am

In January 2005, a dream came true for the Harper family of Lake City, Georgia: they received a brand new home, courtesy of ABC’s “Extreme Make-Over – Home Edition” reality TV show. In a nationwide broadcast, a construction workforce 1,800 strong descended upon the family’s neighborhood and spent the next six days demolishing their ailing, humble abode and building a 5,500 square foot comparative palace – complete with four bedrooms, decorative rock walls, a three-car garage, four fireplaces, and a solarium.…

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Published Friday, June 12, 2009 @ 4:14 pm

It’s been a trying week for defamed NFL quarterback Michael Vick. He has been officially released from the team that drafted him, the Atlanta Falcons, and on Tuesday, a United States bankruptcy judge gave him a deadline of July 2 to submit a revised Chapter 11 plan. Vick has been ordered to repay a multitude of creditors that he owed prior to his confinement in federal prison for backing a multi-state dog fighting ring.…

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Published Friday, June 12, 2009 @ 7:09 am

According to an article in The Wall Street Journal, a man from Texas registered with a debt relief firm to seek help in climbing out from under $15,000 in credit card debt. After paying hundreds in upfront fees and a steady stream of monthly payments close to $250, he eventually found himself $20,000 in debt.…

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Published Thursday, June 11, 2009 @ 4:44 pm

Some 330,477 people filed bankruptcy between January and March of this year. Do the math. That’s an average of more than 110,000 filings per month, 27,500 per month, and just shy of 1,000 per day. These numbers are up ten percent over last quarter, and 35 percent from a year ago.…

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Published Wednesday, June 10, 2009 @ 8:38 am

The Chrysler bankruptcy saga continues. As you’ve undoubtedly heard by now, in a move to save itself from certain collapse after bankruptcy, Chrysler crafted a deal to sell a big chunk of its assets to the Italian car-maker Fiat, while at the same time shedding most of its debt. The bankruptcy judge handling the case approved the sale last week, finding the deal was necessary to avoid liquidation.…

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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.…

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Published Monday, June 8, 2009 @ 11:50 am

Many people own a home before they file for bankruptcy protection, and once they are ready to start over and lay down that solid financial future, they will want to refinance their home loans. Refinancing a home can result in excellent benefits for a home owner.  By refinancing, you may be able to improve your cash flow by lowering monthly payments and reduce future risk associated with variable rates.…

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Published Sunday, June 7, 2009 @ 12:01 pm

So bankruptcy filing rates for individuals and businesses are up – way up. They’re expected to hit record levels this year. Indeed, with the recent bankruptcies of GM and Chrysler, we’ve seen some of the biggest filings in U.S. history during this recession. But an even more historic event may be on the horizon: the bankruptcy of the federal government itself.…

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Published Sunday, June 7, 2009 @ 8:59 am

As any experienced bankruptcy attorney will tell you, knowing your rights and defenses against creditors is key to leaving behind a troubled financial past and making a fresh start. There are a host of things you should know. One of them is that there are specific limits to how long your creditors can chase after you trying to claim an unpaid debt.…

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Published Saturday, June 6, 2009 @ 2:32 am

You’veprobably heard about the marked decline in the overall credit card debt levels since this recession took hold. You might find this a bit odd. Maybe you expected just the opposite at a time like this. Well, you’re on to something there. True, credit card debt is on the decline. It has tapered off six months in a row, by $5.4 billion last month alone.…

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Published Friday, June 5, 2009 @ 10:36 pm

In a previous post, we discussed the connections between medical bills and bankruptcy. It seems we may have been ahead of the news cycle, as several national media outlets are reporting on a study just released by The American Journal of Medicine that reports close to two out of three bankruptcies are caused by medical bills.…

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Published Friday, June 5, 2009 @ 12:03 pm

Chicago Bulls fans recently had a unique opportunity to own a significant symbol of the team’s successful history – NBA championship rings from the Bulls’ 1996, 1997, and 1998 seasons. This was the era of the legendary trio – Michael Jordan, Scottie Pippen, and Dennis Rodman – who, together, formed one of the most powerful starting lineups the NBA has ever seen.…

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Published Thursday, June 4, 2009 @ 2:55 pm

A very troubling trend that potentially affects millions of Americas is going unnoticed. Don’t make the mistake too many people make when it comes to arbitration. There’s a good chance that you have conceded to arbitration already, probably unwittingly. That’s because more and more of the big companies that touch our lives on a daily basis, such as software developers, banks, web based services and of course, credit card companies, are writing arbitration clauses into their terms.…

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Published Thursday, June 4, 2009 @ 11:33 am

A psychology professors at Maastricht University in the Netherlands published a study about what it takes to find true happiness. Or at least, the psychological make-up of happiness. As it turns out, yes, money does have something to do with our level of happiness. But so does uncertainty.

In a recent New York Times column on the professors’ work by Daniel Gilbert, author of “Stumbling on Happiness,” it was published that indeed, money can buy happiness.…

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Published Thursday, June 4, 2009 @ 8:39 am

Nestled within the vast expanse of the ocean waters, hundreds and hundreds of miles off the Pacific coast, the islands of Hawaii probably don’t bring to mind thoughts of unemployment, foreclosures, bankruptcies, or the other recession-related concerns of the day. Hawaii’s geographic isolation makes it seem insulated from the difficult realities here on the mainland – economic and otherwise.…

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Published Wednesday, June 3, 2009 @ 12:15 pm

Our blog sure does cover a lot of ground about bankruptcy. Which is a good thing. We want to be sure that you understand all the processes, terms, principles and philosophies that factor into such an important decision. We even throw in some recent news about bankruptcy to help provide additional “real world” perspective on how bankruptcy laws are interpreted and applied.…

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Published Wednesday, June 3, 2009 @ 9:46 am

There is no questioning how critical a role the state of our economy has played in the debt problems Americans are experiencing today. From lost jobs to increased consumer costs, the economy has caused a lot of pain for all Americans.

It’s clear that our economy will continue to be a source of worry for much of America.…

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Published Wednesday, June 3, 2009 @ 7:15 am

The “The Credit Card Holders’ Bill of Rights” has passed both the House and Senate and was signed into law on May 22 by President Barack Obama.

Coupled with regulations recently issued by federal bank regulators, the “Bill of Rights” makes sweeping changes to the credit card industry beginning in July 2010.…

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Published Wednesday, June 3, 2009 @ 1:10 am

You’ve undoubtedly been following the news of GM’s steady march toward bankruptcy – whether you intended to or not. The media blitz on this issue has been intense, and relentless. They’ve been recycling the same questions: Will GM be forced to file? If so, when? Will the taxpayers foot the bill?…

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Published Tuesday, June 2, 2009 @ 4:28 pm

Scam artists sure are brave. Well, there are probably more accurate ways to describe those who deliberately take aim at people in dire financial straits. They just are not fit to be published.

Turns out the Federal Trade Commission has spotted a series of deceptive Internet advertisements that claimed to lead browsers to the “official” Web site of the recently introduced Making Home Affordable program, a national effort that provides free mortgage loan assistance and encourages banks and lenders to help homeowners stay afloat.…

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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.…

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Published Tuesday, June 2, 2009 @ 8:55 am

It happened.

After months of speculation, one of the largest companies in the world, General Motors, filed for bankruptcy. A giant bow was just tied around the recession and the gift of ownership in a grossly mismanaged industrial icon was granted to the American taxpayer, putting the final touches on a nicely enveloped national economic crisis.…

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