LegalHelpers.com Bankruptcy Blog
Perspectives From The Nation's Largest Consumer Law Firm


Gentlemen, Please Do Not Start Your Engines

Monday, 20 July 2009 14:25

It’s come to this…even the drag racers have been hit hard by the flagging effects of the sinking economy that’s sweeping the country.

The General Motors Corp. bankruptcy is apparently leaving more than just its employees in its lackluster dust. The Detroit auto-maker recently filed papers with the U.S. Bankruptcy Court in Manhattan in which the once king-of-the-road manufacturer requested the court’s OK to reject 30 contracts, including four team agreements with the National Hot Rod Association, the country’s definitive drag-racing circuit.

If the courts acquiesce to GM’s request, some of the sport’s top teams may lose their relationship with the maker of the quintessential American ‘muscle cars’. The car manufacturer refused to sell these sponsorships, as well as a number of other contracts, to the government-backed body, preferring instead for those deals to be dealt with as bankruptcies. The reason behind this decision are not being disclosed by company spokespeople.

The question of the Fed’s bailout of General Motors has been discussed ad nauseum in the national press and around the kitchen table of just about every American family as they enjoy their ever-dwindling slice of apple pie. What will happen to all of the factory workers and their families in Detroit (aka Motor City) as well as to all of the GM plants and dealerships across the country?

Earlier this summer, GM announced that they are closing nine plants and placing three others on indefinite suspension. These closings will devastate towns in Michigan, Indiana, Tennessee, Delaware, Virginia and Ohio. With six plant closings in Michigan alone, families in the industrial state are sure to be feeling the pinch in ever deepening ways. The impact affects the coffers of municipalities and can be clearly seen in the vacant offices and storefronts of downtown areas as well as in the hundreds of foreclosed homes lining the state’s residential neighborhoods.

Personal bankruptcy for these unemployed auto workers may be a viable option to help make a fresh start and continue supporting their families. With a number of different chapters (options) under which to file for court-directed bankruptcy protection, cash-strapped families may be able to save or sell their homes and shelter any remaining assets.

If you’re are drowning in debt there is a solution. Call Legal Helpers now and speak with a skilled attorney with a focus in bankruptcy. You life CAN be better and you CAN have a fresh start. Contact us today.

Oklahoma Residents Suffer Financial Difficulty- Bankruptcy May Be the Solution

Friday, 17 July 2009 14:57
Oklahoma is not a state renowned for extravagant living. So why does bankruptcy information show Chapter 7 filings astonishingly higher in Oklahoma, (.6% of their state population), than in the rest of the nation? Could it be that Oklahomans are uniquely irresponsible about credit card debt, or are their rival neighbors the Texas Longhorns spitefully usurping their business?(Hook ‘em!)

A new study of bankruptcy information by economists at Brigham Young University suggests something different-- the percentage of personal bankruptcy has surprisingly little to do with the state’s economy.

The bankruptcy information study, released June 2009, examines the 28,000 personal bankruptcies filed between 1999 and 2000. The states with the most ruthless wage garnishment laws, in Oklahoma, Tennessee and Utah, had higher bankruptcy information rates than anywhere else in the country. These states’ wage garnishment laws allow creditors to dip into the pocket of struggling debtors, regardless of bankruptcy protection—making them twice as likely to file Chapter 7 a second time and blowing up bankruptcy information indices.

The year 2006 saw our bankruptcy rates diminish by 9.3%, but not because of a booming economy—consumers chafed at new bankruptcy policy. 2006 made Chapter 7 consumer bankruptcy seem inaccessible by mandating a credit counseling pre- bankruptcy filing, when in truth the requirement was negligible. Consumers also cringed anew at a new “means test”, adding bureaucratic paperwork to the Chapter 7 requirement that your income is less than the state’s median—usually under $30,000, and much lower for states (Oklahoma! Utah!) with an abundance of minimum wage and farming jobs. As a result, ineligible consumers must file Chapter 13, 4 times more expensive in legal costs and binding with a payment plan. Most who straddle the line of the state median income can’t weather the cost of Chapter 13 and will have to eventually re-file with Chapter 7—a Chapter 13 misdiagnosis that only briefly delays Chapter 7 only to double the cost for you!

Get in touch with a skilled Legal Helpers attorney with a stern focus on bankruptcy today.

Diagnosis: Medical Bankruptcy

Thursday, 16 July 2009 14:45
Over 62% of all personal bankruptcies filed in 2007 had a medical cause. The newly coined term, “medically bankrupt”, refers to those who have filed for bankruptcy with illness or injury being factors in their filing. Although a percentage of those filing under these circumstances were over the age of 65, many were females, often the head of a single-parent household whose husbands had abandoned their families.

This should not come as a surprise to any thinking person since women, who generally have lower incomes than men often have greater health care needs than men. Women face more unaffordable medical bills then do men and often delay or skip vital health care visits. Most people who filed for “medical bankruptcy” were well-educated, middle-income earners who had health insurance.

In large part, the broken health care system in the United States is behind the devastating fact that just one medical crisis can leave a family in economic disaster. In the upcoming weeks of mid-summer 2009, President Barack Obama will be announcing major changes in health care for the entire country. Hopefully, this new plan will include codicils that ensure that women and families will not go bankrupt when they need medical care. With luck (and foresight) the Obama administration will guarantee that all low and moderate-income families will have adequate medical insurance with minimal out-of-pocket expenses. This will ensure that no family faces devastating financial loss as a result of illness or accident. Overwhelming medical expenses all too often lead to the loss of homes and essential savings.

It is possible than many who file for “medical bankruptcy” do so even with relatively small medical bills. This is, in part, because some hospitals and medical practices refuse to make arrangements for installment payments. They are, increasingly, sending patients to collection over amounts as small as a few hundred dollars.

If you’re plagued by medical debt, chapter 7 bankruptcy may be a viable solution for you. Get in touch with a Legal Helpers attorney and start getting your life back today.

What’s 150 Years in Prison Divided By $65 Billion?

Wednesday, 15 July 2009 14:38

How the U.S. Bankruptcy Information Courts Are Recovering Lost Millions

Since Bernie Madoff’s Ponzi scheme was uncovered in December 2008, unprecedented backlash was thrown at the reckless financier—truly a scoundrel of the first water. Madoff’s case seemed serendipitously timed—right when families in America were filing for personal bankruptcy, foreclosing property and left in the bitter cold during the 2k8 holiday season, they were given the priceless gift of a financial scapegoat. Americans’ seething anger was more poignant when aimed at Madoff’s proven felonious acts, instead of towards thousands of misled sub-prime lenders. He didn’t default on a mortgage, he piddled away $65 billion dollars.

Bankruptcy information trustees have the Sisyphean task of recovering Madoff’s lost mattress money--Numbers within dossiers of bankruptcy information show that his relatives and associates withdrew $735 million only 90 days before the Ponzi scheme was exposed, which in investment fraud legally doesn’t belong to them. Bernie’s family and employees withdrawing such an outrageous sum of money prior to Madoff’s federal charge indicates they were privy to an F.B.I. investigation. By now hiding it in shoeboxes, they’re essentially trying to get away with murder—the very double-book keeping that Madoff was found guilty of.

Most of the financially struggling general public would never dream of throwing away $65 billion. Most of us also haven’t bit off more than we can chew with unrealistic mortgages but have had our investments tangled away from us, much like Madoff’s victims. If they ever do recover the $700 million from Madoff’s friends and families, it will fund the emergency bankruptcy of companies, not struggling individuals!

Much of the general public needs relief, now! If your investments have gone sour from the various forces beyond your control, it’s time to act fast. When your hard-earned green has been hijacked by a 70 year old criminal mastermind, it’s time to recover. Speak with a skilled Legal Helpers attorney who focuses on bankruptcy cases everyday, and start getting back on your feet right now.

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ABOUT THIS BLOG:

Richard K. Gustafson, II is an attorney with LegalHelpers.com writing on topics related to bankruptcy from the consumer's perspective. To send comments to Rick, email Blog@LegalHelpers.com.


The Bankruptcy Blog from LegalHelpers.com is produced from the law firm of Macey & Aleman, one of the nation's largest bankruptcy firms. A blog does not create an attorney-client relationship and is not a substitute for specific legal advice from an attorney analyzing your specific set of facts. If you are interested in obtaining information about bankruptcy, you are encouraged to call our law firm at 888-743-5787 or complete our online evaluation for a confidential, risk-free analysis!

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