Published Saturday, March 6, 2010 @ 8:59 am

Just when the credit card industry thought it was safe in Washington, Uncle Sam has decided to keep them over his knee for a few last good swats of discipline in the form of tighter regulations on late fees.

For many who struggle with credit cards, the problem is not always uncontrollable spending—it’s the fees. Late fees, annual fees and over the limit fees can pile up faster than Feburary snow in Minnesota, pushing customers over the edge into an avalanche of additional credit problems.

However, earlier this week the Federal Reserve proposed new limits on how credit card companies apply penalty fees for things like missing a deadline or going over the limit.

The proposal suggests that these new restrictions go into effect in late summer 2010. Earlier provisions in the credit card bill began last May and were phased in over time. The introduction of this latest component of the bill may signal to the credit card companies that they are now an ongoing target in the sights of pro-consumer members of the House and Senate.

The Fed is concerned with the fact that a $5 surpassing of one’s credit limit triggers a charge of $40. The new law is recommending that the penalty be more closely aligned with the dollar amount in question. More clearly, if you spend $5 over the limit, that will be your penalty.

One thing to consider is what impact this will have on those who consistently teeter on the edge of their limit. By lessening the consequences, is there a risk more people will no longer fear the penalties? A penalty needs to send a message.

Other facets of the proposed action include a limit on late payment penalties to only the amount of the cardholder’s current minimum payment. Thus, the $39 late fee average that so many of us see from month to month would be a thing of the past.

One of the more important components addresses multiple fees for a single action. For example, if you are late and over your limit, you can only be assessed one fee. The beauty in this part is that it will include the fees that some banks are now charging for not using your card, called an inactivity fee.

Still, there are some aspects of the bill that may warrant additional debate. It does not prohibit the application of a $39 late fee for someone who has a $70 minimum payment. The new laws that just became active include six month interest rate increase reviews that require banks to review, six months after they increased your interest rate, if the reason for the increase is still valid. However, they can also consider current market conditions, which may lead to reasoning on why the rate should remain higher.

A lot of our readers struggle with credit card debt, which has carved out a deep niche in the financial struggles of us Americans. Thankfully, some of these laws may lessen the credit card companies’ role in our financial problems. The rest of it though, is up to us.

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Published Tuesday, March 2, 2010 @ 11:52 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, we’re finding that tax time is also yielding it’s own set of challenges for some cash-strapped citizens.

In his recent New York Times article, “Paying the Price for Survival Tactics,” Charles Delafuente reports on how the I.R.S. treats many kinds of written-off debts, some distressed home sales, and many emergency withdrawals from retirement accounts as taxable income.

Debt Forgiven By A Lender
In his timely piece, Delafuente introduces the concept of “phantom income:” an amount a lender forgives but for which the debtor still owes tax. In your case, this taxable amount becomes essentially the difference between what the lender would have received from you and what it will receive under your new agreement. As Delafuente explains, “These taxes are imposed even if only the interest rate, not the amount of principal, is reduced. That happens, for example, to consumers who renegotiate credit card debt. A lender is supposed to issue a 1099-C form reporting forgiven debt, but that doesn’t always happen if the principal is not reduced.”

As is normally true in the tax world, there are exceptions to the forgiven-debt rule. Keep in mind, forgiven debt is not taxable income if it is discharged by bankruptcy, or if you are considered insolvent—whereby your liabilities exceed the fair market value of your assets—when the debt is forgiven.

Mortgage Debt
While recent bailout measures enacted to help homeowners generally won’t trigger the forgiven-debt tax on a principal home, “foreclosures, short sales and other loss-of-home scenarios could bring on capital gains tax.” For example, if your home is worth significantly more than a mortgage and is repossessed and sold by the lender, you are entitled to the difference. As Delafuente explains, “The difference is a taxable profit, which will cause a capital gain. Fortunately for the masses, the first $500,000 on gains on a main home for couples ($250,000 for single taxpayers) may be covered by a tax exclusion. Further, nonrecourse mortgages, in which the lender can’t touch any assets other than the property, generally don’t cause such a gain.”

Retirement Withdrawals
Aside from your mortgage, if you withdraw money prematurely from their retirement accounts because of a job loss or a reduction in hours, you will also face extra taxes.  Holders of traditional I.R.A.’s and I.R.A. rollover accounts must pay 10 percent of any amount withdrawn before they reach 59 1/2 as a penalty on top of the traditional taxes on money taken out, which must be paid regardless of your age.

If you have a Roth I.R.A., you’ll face different rules. Your contributions—but not the account earnings—can be withdrawn without penalty after five years.

If you have an employer-sponsored plan, like 401(k)s and 403(b)s, you face yet another set of rules. For you, withdrawals are penalty-free if you left the employer that set up your plan after you turned 55. However, money rolled over to an I.R.A. from a former employer’s plan is subject to the 59 1/2-age rule.

Most 401(k) and 403(b) plans do not allow current employees to make withdrawals; instead they often have loan provisions. But another tax nightmare occurs if you have an outstanding loan and lose your job. In that case, you must repay the loan quickly or have the balance treated as a withdrawal, making it subject to tax and to the 10 percent penalty if you’re under 55, unless an equal-payment plan is used.

But remember, before borrowing from your retirement accounts, one of the best debt forgiveness plans comes from a personal bankruptcy. In these taxing times, a qualified bankruptcy attorney can help you conquer your fears before losing it all.  Specifically, the bankruptcy attorneys at the Law Offices of John T. Orcutt offer a totally FREE debt consultation and now, more than ever, it’s time to take them up on their offer. Just call toll free to 1-800-899-1414, or during the off hours, you can make your own appointment right online at www.billsbills.com. Simply click on the yellow “FREE Consultation Now” button.

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Published Monday, March 1, 2010 @ 7:27 am

No one needs to tell you times are tough.

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 your bank accounts, are also looking for ways to further trim shrinking household budgets.

And since the lingering financial downturn has affected all socio-economic sectors of the country—even the upper-middle class and wealthiest Americans—dealing with sudden bills or a loss of income can be even more difficult for people used to a certain lifestyle.

So, whether you’re facing extended unemployment, are bankruptcy bound or just trying to salvage your savings, taking a long, hard look at your family’s budget can make a big difference. And even if you haven’t lost your job, in this uncertain economic era it’s important to explore the financial cutbacks you could make in case you were suddenly land unexpectedly aid off.

The good news is, by cutting a few corners, small changes can save you hundreds per month.

Television.
I know, I know. TV is tough to cut. Especially if you rationalize that by watching television you’re staying home and saving money you would normally spend finding entertainment elsewhere. But, if you currently get a lot of channels, you could conceivably drop to a package with fewer bells and whistles (possibly dropping those 50 plus channels that you didn’t watch anyway?). And if you already have a relatively small television setup, consider contacting your provider for negotiations. You’d be amazed at what a satellite or cable company will offer in terms of lower rates when consumers like you threaten to quit them.

Phone and Internet.
Again, negotiating with your provider (or trying to) is always an option. Plus, downgrading your service or eliminating a landline could be all it takes to save you dough for other basic essentials.

Subscriptions.
You can stay informed and save money. If you keep your Internet, why spend more on newspapers, magazines or a book of the month club? The good news is that most reading materials are, at least for now, available for free online.

Fast Food.
That morning latte, breakfast burrito or fast food lunch may seem inexpensive once a day, but those days quickly add up and can become the fastest way to deplete a monthly budget. Consider taking a brown bag and a brewed coffee with you on the go and enjoy the benefits of a better food choices and a fuller wallet.

Groceries.
Not only cut out eating out, but take in the grocery stores many comparable generic brand. Many store-brands are actually produced at the same factories as the name brands—and come at a significant discount.

Clothing.
As a lot of professionals know, dry cleaning can be incredibly expensive. Try to avoid it. But just because your clothes have a little more wear and tear doesn’t meant you can run out and shop for new ones. Resist the prevalent sales permeating the malls in this tough economy—just because it’s a sale doesn’t mean its less expensive than shopping at one.

Not only does planning ahead like this give you an idea of what steps you’ll need to take in case of a financial emergency, it also provides ways to start saving money quickly.

Yet, if cutting corners just isn’t enough to keep you afloat, knowing a qualified bankruptcy attorney can also help you conquer your creditors and face your financial fears, yielding the right kinds of support, information and insights—at a low cost— for a viable and secure future.  The bankruptcy experts at the Law Offices of John T. Orcutt offer a totally FREE debt consultation and now, more than ever, it’s time to take them up on their offer. Just call toll free to 1-800-899-1414, or during the off hours, you can make your own appointment right online at www.billsbills.com. Simply click on the yellow “FREE Consultation Now” button.

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Published Friday, February 26, 2010 @ 4:19 pm

Everyone—from the halls of Congress to the many channels of media—is paying a ton of attention to those Americans who have lost their homes in the seemingly endless mortgage meltdown. Virtually ignored have been the millions who continue to pay their mortgage every month, even when they really can’t afford to. As a result, most homeowners are losing big on what used to be their biggest investment.

Which begs the question: Is the best solution to stop paying your mortgage?

For homeowners around the country who haven’t skipped their mortgage payments—but are seriously struggling—there are several reasons why homeownership is going less than swimmingly:

You’re Trying to Staying Afloat While You’re Underwater
Many of you are struggling to pay off a mortgage balance that is significantly higher than the value of your home. As a result, selling your home is simply not an option, since you would ultimately have to come up with the difference to settle with your lender.

You’re Drowning in the Deep End of Debt
Many homeowners just like you are spending down their savings, taking cash advances and/or relying on credit cards to buy bare necessities. Why? Because you’re using every actual dime that’s coming in to keep up with your mortgage payments. The result is millions of Americans who are not only underwater on the their mortgages, but who are also drowning in debt.

While staying current on your home commitment is admirable, and very much the American way, it’s also a quick and easy way to drain your savings, retirement, or nest egg, while also accumulating enormous debt, simply to avoid the dreaded “F-word.”

Consider Foreclosure
While it can be scary, this particular “F-word” can be your first, best step to a pair of “F” positives: financial freedom. If you are now hundreds of thousands of dollars underwater and go into foreclosure, your losses are essentially erased. In most cases, your lender can take the house, but not your future earnings with the only real financial consequence being trouble getting a loan for almost a decade (in an era when getting a loan isn’t easy even for those with stellar credit).

Unfortunately, most foreclosure alternatives are simply bad ideas. Let’s take, for example, the short sale. In a short sale, the lender is agreeing to accept less than what is owed to satisfy your loan. Assuming you find a buyer, you will then have run the offer by your lender. Even if they decide to go along with it, you could still be stuck with the deficiency if you’re not careful. That’s not to mention the tax implications of the forgiven debt. Why go through the hassle of a short sale, if it’s just as likely to hurt your credit, and may lead to even more debt.

Another foreclosure alternative, the loan modification, would be an option if lenders were granting permanent modifications. The problem is, most lenders are understaffed, behind on applications, and you’re likely to get lost in the shuffle. As of 9/1/09, over 362,000 loans have been granted a trial modification. Of those trial modifications, only 1,711 have been approved for permanent modifications.

And Then There’s Bankruptcy
If your credit score is going to suffer anyway, why not create a completely clean slate? As a hurting homeowner, knowing a qualified bankruptcy attorney can also help you face your financial fears, yielding the right kinds of support, information and insights—at a low cost— for a viable and secure future.  The bankruptcy experts at the Law Offices of John T. Orcutt offer a totally FREE debt consultation and now, more than ever, it’s time to take them up on their offer. Just call toll free to 1-800-899-1414, or during the off hours, you can make your own appointment right online at www.billsbills.com. Simply click on the yellow “FREE Consultation Now” button.

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Published Thursday, February 25, 2010 @ 3:09 pm

While many economists argue that the economy is steadily rebounding, whether you’re in a recession or recovery seems to largely depend on where you live, if you have a job, if you can pay your bills, or if you still have your home.

The Huffington Post reported this week that facing an economic meltdown in their personal lives, many formerly middle-class families have had to find “creative ways to cope with the sudden loss of their jobs and homes.” In her article, “Rattlesnake for Breakfast, Wedding rings on Craigslist: Families Cope With Falling Out of the Middle Class,” Laura Bassett describes how the American dream, for many, has turned into a surreal nightmare.

Take Arkansas’s Jeff Falk, 51, for example. After losing his family business selling auto parts, and finding himself no longer able to afford the house he had built for his family, his wife Jill, and their two boys, ages 3 and 8, packed their 40-foot camper and headed to Arizona for the winter.

“Jill found a part-time job waiting tables, and Jeff found occasional work repairing old boats, but they struggled to feed and home-school their young boys. Occasionally, Falk says, he feeds his children rattlesnake that he caught near his camper. While Falk, his wife and his children have managed to stay positive throughout their financial hardships, he says the hardest part of falling out of the middle class is losing the respect of those around him. ‘There are two kinds of people,’ he said. ‘Those that turn and look the other way and don’t even wanna look at you, and those that reach out and help you, and it seems like there’s no in-between.’”

The Falk family isn’t alone. Bassett also found Illinois’s Stephen Mooney.  Laid off in 2008 from a job he had held for 10 years, his severance pay ran out a few, short months later, leaving he and his wife Marianne unable to pay their bills.

“’Our gas was shut off,’” Mooney told HuffPost. ‘We were taking showers with water that we would heat up in the rice cooker and microwave. It was very depressing. Going to a job interview, you may be wearing a shirt and suit, but you don’t feel clean. I looked unkempt all the time, and corporate America’s not an easy place. There were some places where I knew I didn’t have a job as soon as they saw me sitting in the lobby.’ To make matters worse, the Mooneys’ house was recently foreclosed, and they have been asked to leave by March 1. ‘I don’t know how we put all the pieces back together,’ Mooney said. ‘Where do we live? Where does all our stuff go? It’s going to be very strange.’”

As Bassett reports, many families are making similarly difficult decisions just to stay afloat.

Kimberly Rios of Maryland sold her wedding ring on Craigslist last weekend just to cover utility bills.  “‘This is no joke, please be a serious buyer,’ Rios wrote in her ad. ‘It is too cold for us to be without electric and heat so if you have been looking consider my deal.’ She told HuffPost that she sold the ring on Valentine’s Day. She is trying to decide whether to use the money to pay for a few weeks of electricity or to buy a cheap car so that she and her family of six will have a place to go when the foreclosure happens.”

In spite of it all, Rios remains positive about her family’s future: “At least we have each other.”

Unfortunately, in this new era of financial insecurityy, stories like these are common in articles, reports and blogs all across the World Wide Web. Fortunately, no matter how dire your financial situation and how extreme your sacrifice, you can find strength in the numbers of families—all across the country—facing the same tough choices.

Yet, even if major sacrifices just aren’t enough to keep you afloat, knowing a qualified bankruptcy attorney can also help you face your financial fears, yielding the right kinds of support, information and insights—at a low cost— for a viable and secure future.  The bankruptcy experts at the Law Offices of John T. Orcutt offer a totally FREE debt consultation and now, more than ever, it’s time to take them up on their offer. Just call toll free to 1-800-899-1414, or during the off hours, you can make your own appointment right online at www.billsbills.com. Simply click on the yellow “FREE Consultation Now” button.

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Published Wednesday, February 24, 2010 @ 11:56 am

In his February 20, 2010, article “Millions of Unemployed Face Years Without Jobs,” The New York Times’ Peter S. Goodman paints a dour portrait of what he calls “the new poor” — “people long accustomed to the comforts of middle-class life who are now relying on public assistance for the first time in their lives — potentially for years to come.”

With little good news for the millions of Americans who remain out of work, out of savings and at the end of their unemployment benefits, Goodman points to holes in America’s social safety net, built for short-term gaps between jobs, further strained in an unprecedented economic environment where work may be scarce for years, even as the American economy shows signs of a rebound.

“Every downturn pushes some people out of the middle class before the economy resumes expanding. Most recover. Many prosper. But some economists worry that this time could be different. An unusual constellation of forces — some embedded in the modern-day economy, others unique to this wrenching recession — might make it especially difficult for those out of work to find their way back to their middle-class lives.

Labor experts say the economy needs 100,000 new jobs a month just to absorb entrants to the labor force. With more than 15 million people officially jobless, even a vigorous recovery is likely to leave an enormous number out of work for years.

Some labor experts note that severe economic downturns are generally followed by powerful expansions, suggesting that aggressive hiring will soon resume. But doubts remain about whether such hiring can last long enough to absorb anywhere close to the millions of unemployed.”

Goodman cites a confluence of unfortunate financial factors—products of both our modern economy paired with the recent recession—as the reason it is now so challenging for the unemployed to “find their way back to their middle-class lives.”

First, there’s a scarcity of jobs. Fewer unions to protect full and temporary employees, the export of formerly American factory and white-collar jobs to overseas competitors, and an upsurge of innovation and automation, have all contributed to a smaller U.S. job pool for millions looking for work.

“Additionally, America has fewer protections for its beleaguered workforce. “Some poverty experts say the broader social safety net is not up to cushioning the impact of the worst downturn since the Great Depression,” writes Goodman. “Social services are less extensive than during the last period of double-digit unemployment, in the early 1980s.”

And then there are the millions of American households, that, due to the employment meltdown, have gone from two incomes, to none. Languishing in a “desert of joblessness,” many families, previously able to simply bounce back after a job loss, pay cut, or disability—are now finding themselves using food banks, charitable giving, and facing homelessness.

While recent reports of the nation’s financial future remain nothing short of bleak, the good news remains that through bankruptcy laws, Americans facing unemployment can take their future into their own hands, stop drowning in health care, consumer and mortgage debt, and begin on the road to a more viable financial future.

Even if major sacrifices just aren’t enough to keep you afloat, knowing a qualified bankruptcy attorney can also help you face your financial fears, yielding the right kinds of support, information and insights—at a low cost— for a viable and secure future.  The bankruptcy experts at the Law Offices of John T. Orcutt offer a totally FREE debt consultation and now, more than ever, it’s time to take them up on their offer. Just call toll free to 1-800-899-1414, or during the off hours, you can make your own appointment right online at www.billsbills.com. Simply click on the yellow “FREE Consultation Now” button.

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Published Friday, February 12, 2010 @ 5:44 pm

The Making Home Affordable program was designed to be the savior of the crashing real estate economy. People nationwide were taking solace in the President’s effort to save our homes and lead us through the worst economic situation our country has faced in almost 100 years. Hundreds of thousands of homeowners facing foreclosure due to the bubble bursting on a plague of poorly schemed sub-prime mortgages rejoiced in what seemed to be a cooperative effort on the part of the a supportive new Washington administration and the Wall Street.

Unfortunately, the program has landed far from expectations. The foreclosure rate has seen only minor blips in decline and it has become difficult to hear government officials even address the existence of the program, unless to defend it. Additional programs have been introduced to support it but larger menu items are being devoured by the House and Senate and the status of homeowners has been given a backseat. Meanwhile, the numbers of properties in foreclosure and pre-foreclosure continue to grow.

Accepted into the trial HAMP modification program for six months, Bert Carvajal of south Florida was eventually denied full participation in the President’s program. He was also deemed ineligible for any assistance from his lender, JPMorgan Chase. His situation is no different than that of most Americans in trouble with their mortgage. His construction management income was sapped by a declining housing market and he simply fell behind on the payments that keep a roof over his family. He is now behind on property taxes too, so he owes his bank and the county.

Mr. Carvajal’s best option may be to soon file bankruptcy. In Chapter 13, he can catch up on the missed mortgage payments, and pay back the property taxes over a period of up to 5 years.

Jag Bhangu was also recently denied a mortgage modification because he still has equity in his home. However, that doesn’t mean he can afford to pay for it. And, given his position as a mortgage consultant, one would think the bank would by sympathetic to his situation of lost income. In the last couple of years, his income dropped 70 percent from where it was when he was approved for the loan.

Bhangu was granted a trial modification under Obama’s plan for nine months but then declined for permanent adjustment. He continues to speak with people at CitiGroup about another modification but he is not hopeful that it will happen.

If you’re getting the runaround from your mortgage lender, talk to a bankruptcy attorney today to discuss how a Chapter 13 can help you and your family hold on to your most precious asset- your home. Call today. In North Carolina, contact the Law Offices of John T. Orcutt for a free initial debt consultation. 1-800-899-1414. Or visit www.billsbills.com and fill out our debt questionnaire. With offices in Raleigh, Durham, Wilson and Fayetteville, help is just a phone call away.

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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. Since we are all about helping you figure out what to do with your debt, we hope this post will educate you regarding what tax season can mean for your financial well-being.

There are number of tax deductions out there that get ignored by a lot of families. Worse yet, they are not even addressed by many of the “come-and-go” tax return preparation services out there. On that note, we encourage you to take caution when deciding who to work with if you are not someone who handles returns on your own. We should also point out that there is good reason to hire someone to help with your tax returns, primarily to alleviate stress and ensure they get done correctly.

That being said, make sure that the person you hire is an actual financial professional, not someone who was just trained to punch data into a computer program. Ask friends or co-workers if they can recommend a reliable Certified Public Accountant that has a tax service. Yes, it will cost you more money, but not that much more.

If you have no choice but to use a temporary tax shop, ask for the most senior member of the team. Many of these operations do have supervisors on staff with actual accounting and tax experience. Remind them that there are countless shops just like theirs that would prefer your business to encourage the top person to give you appropriate attention.

To further ensure you are getting the service you deserve, remind your tax preparer about the most often missed tax deductions. An article on MSNBC.com highlighted seven of them, which do require you to itemize:

• Home ownership deductions can include mortgage interest, property taxes, fees involving the sale of your home and agent commissions.
• In North Carolina, the personal property tax you pay on your car each year can also be a deduction.
• Always hang on to your receipts for charitable donations, even the bags of clothes you gave to Goodwill. When any charity asks you if you want a receipt, say yes.
• Did you know you can deduct mileage expenses if you use your own car in a charitable effort? You can. Go back and write down when you did and even keep receipts for bus trips to the location of your volunteering. Parking fees and other tolls count, too.
• If you had to travel for work, keep track of any dry cleaning and laundering receipts for clothes you needed on behalf of the company. This only counts if you are required to look the part and don’t try it with the torn jeans you wear on the flight.
• Also related to business travel are the costs of shipping materials or paying for your baggage, which many airlines now require. So hang on to those receipts as well.
• Other miscellaneous deductions related to work include costs for faxes, Internet access or hotel phone calls.  You may also be able to deduct moving expenses. Make sure you provide good proof that the costs you incurred are directly related to the available deduction category.

We would hate to see your tax bills become the reason you have to file bankruptcy.   However, if you have been stuck with a large tax bill from the past, or if you anticipate owing taxes that you can’t pay all at once, you should consider bankruptcy as an option to either discharge taxes eligible for discharge or pay certain taxes that can’t be discharged over a period of several years through a Chapter 13 plan.   If you have any questions about how tax bills are handled in Chapter 7 or Chapter 13 bankruptcy, give us a call, we’ll be glad to help.  Call 1-800-899-1414 to schedule a FREE consultation with an experienced bankruptcy attorney at the Law Offices of John T. Orcutt.

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Published Tuesday, February 9, 2010 @ 6:25 pm

Very few people set out to open a credit card account intent on not paying off the balance.  Those who do are assumed to be criminals, usually identity thieves or some other sort of con artist.

Credit card debt, and all other forms of long term financial drain that lead good people into the need to file bankruptcy, is very often caused by a setback of some kind, like illness or job loss.  And if recent unemployment predictions are on track, we can expect the bankruptcy rate to continue to climb.

The News & Observer published an Associated Press report about the impact job losses are having across the country. The piece also warned of a dire future.

On February 5, the Labor Department will release its January unemployment numbers. Industry analysts expect to read that an additional 800,000 positions have been lost since March of last year. That’s almost 1,000,000 more people out of work. In total, we can blame the loss of almost 8 million jobs on the Great Recession.

The Labor Department’s report will also illustrate the theory that another four years of healthy fiscal growth will be needed to return to the country’s employment figures to stable.

Job reports are notoriously vague, as the report will demonstrate that 5,000 jobs were added to the economy last month. For some, that signifies a positive sign. As does the rise of gross domestic product statistics, which show that this critical metric has climbed for the second quarter in a row.

Nevertheless, that small number is not enough to prevent the national unemployment rate from experiencing a slight increase. When the numbers come out, which are based on unemployment insurance tax figures turned in to state governments by companies, most are expecting to see 10.1 percent of the country’s workforce out of job.

As our economy becomes ever more global and harder to track, the further out of touch those making the important decisions about our country’s financial health become with the everyday workforce. All the statistics, theories and Wall Street rallies do not mean anything to the unemployed parents of four children.

Whether it’s out of fear of new taxes, the expiration of existing tax programs, health care requirements or lack of credit to fuel growth, the fact remains that companies are simply not hiring. Stimulus projects designed to spark growth, like home buyer tax credits, are soon to expire and creating the fear that the faint signs of recovery will dissipate.

Signs of productivity increases can be attributed in part to business practices designed to get more out of fewer employees. It helps that those still holding a job are willing to do more to protect it, now that the realization of the recession has become clear to everybody, not just line workers and cubicle drones.

So what does all this mean for bankruptcy rates? Quite a bit actually. It isn’t difficult to connect the sudden loss of income with the inability to pay bills. Today’s conditions are making it worse though. At one time, jobs were easily found, shortening the time frame a person was without income. In that window of unemployment, people could get by on savings or available credit. With credit limits being reduced, loans hard to come by and savings at all time lows, the need to file for legal protection becomes necessary sooner than ever.

If you are out of work and see the window of financial viability starting to close, maybe it’s time to call the Law Offices of John T. Orcutt at 1-800-899-1414 to explore some options.  Bankruptcy might just be your best way “Out of the Red and Back in the Black.”

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Published Saturday, February 6, 2010 @ 12:31 pm

“It’s the same old story,  same old song and dance my friend’ -Aerosmith

Award-winning financial columnist Don McNay recently wrote an online article for The Huffington Post about the perils of overspending, entitled “Like Lottery Winners, Pro Athletes Also Blow Big Money.” In it, the part-time structured settlement consultant who has worked with injury victims, lottery winners and others who receive very large sums of money, has observed that some 90% of them will run through their money in five years or less; within two years of retirement, 78% of NFL football players are bankrupt or under financial stress; and 60% of  NBA basketball players are broke within five years of retirement—all “running through their money faster than a crazed lottery winner.”

In this blog, McNay ponders the question many of us wonder: why are these people so compelled to blow big money?

To answer it, McNay references the Sports Illustrated article entitled, “How (and Why) Athletes Go Broke,” which relays that one reason for the downfall of many pro athletes are the people who are advising them and hanging out with them.  McNay writes:

“You can’t choose your  “friends” by their ability to serve as your Yes-men.  In fact, a true friend will tell you when you are screwing up.  You need friends who like you for who you are, not for your wallet. Professional sports figures attract flunkies for many reasons…. Someone needs to tell sports figures that if a person REALLY wants to be your friend, he doesn’t need to be on your payroll. I have many friends.  But none of them get paid for that ‘privilege.’”

The author also points to a second symptom of this larger-than-life status: an innate overconfidence that the well will never dry up, and that the money will always be there.

“Sports stars also get caught in the same trap that others with big money fall into.  They think the money is going to last forever.  Someone who gets a lottery jackpot or injury settlement is only going to get it once.  As I told one injury victim, “You are only going to get hit by a truck once in your lifetime.  You need to make sure that this money is there for all your lifetime.”

Sports stars often think they will play forever, but the average career of an NFL player is only four years.  The careers end, the money runs out and they are not prepared for the sudden fall.

Sports stars often have an attraction for risk.  A young, professional athlete is the epitome of self-confidence.  Those who make it to the professional ranks were probably stars in grade school, high school and college.  They have never had anything go wrong in their entire lives.

Until they start investing big money. Overconfidence is an affliction that plagues many on Wall Street.  It is the primary reason we are in an economic crisis.  The problem is even worse for sports stars since they generally don’t have the education and experience that the Wall Street crowd has. When overconfidence is combined with lack of knowledge, disaster strikes.”

In these tough economic times, you may be asking why should you care about the downfall of formerly wealthy sports stars and Powerball pickers? The answer is clear: the same principles apply to your money as well as their millions. And no one says it better than McNay:

I would tell a professional athlete the same thing that I would tell anyone….Plan on the money you have lasting for the rest of your lifetime.  Assume you’ll never get another nickel.  Dump all the “friends” and hangers-on.  Don’t be spending to keep up with the Joneses. If they develop and stick to a sound financial game plan, they can avoid being another “same old story.”

If you’re in over your head, consider bankruptcy as way to start fresh. In North Carolina, contact the Law Offices of John T. Orcutt for a completely free debt consultation. Call 1-800-899-1414 today or visit www.billsbills.com.

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Published Saturday, February 6, 2010 @ 8:29 am

As someone facing serious financial difficulty, learning how much money is made by the huge banks to which you owe money can be frustrating. While we understand that we need to be accountable for our decisions, it stings to realize that profit models are often based on customers going into debt. Therefore, we can’t help but a feel a bit had, like the rube who just bought a cure-all tonic from the traveling pitchman selling from a horse and buggy.

CNN.com published an article recently that described what it deemed the “biggest rip-offs” in today’s society. We thought it relevant because knowing how some of these products are sold may encourage you to quit buying, using or subscribing to them and in the process, start saving more money to pay down debt or keep rebuilding after bankruptcy. We’ve summarized a few here:

Text messages
Wow. Rapidly replacing e-mail as the communication tool of choice for everyone under 25, text messaging has seen nothing short of a meteoric rise in usage in just the last 24 months. It’s an entirely new communication vertical, spawning marketing strategies and literally changing the way cell phones are developed and sold.

No doubt you have seen teenagers, maybe even your own, thumbing madly away on their mobile device, ignorant to the world around them. Well, with every OMG and TTYL the cell phone companies are LOL. Really loudly.

Text messages, which are causing cell phone bills nationwide to climb to record amounts, cost wireless phone companies roughly one-third of a cent to deliver. However, they cost you on average up to 20 cents to send and 10 cents to accept. That’s a 6,500 percent mark-up. :(

“Free” Credit Reports
Here’s one that stings. In a time when the nation is collectively reeling from a historic recession, when foreclosures are rampant, bankruptcies booming and no one’s credit rating is safe, several organizations are profiting off of selling you your own personal financial data.

You know the biggest name, Freecreditreport.com. The cheesy songs and redundant commercials sure do hit their target. But what they don’t do is sing honesty. At this site, and others like it, your credit report is not free, it’s simply provided for you in return for a monthly credit monitoring service. It’s like the cable company telling you HD programming is free.

Chances are, if you are worried about your credit report, you can’t afford another $15.00/month. The company is owned by Experian, a credit reporting agency, which means it costs them nothing to give that report to you. Let this sink in: a representative for the company had this to say: “We do realize there are a very small percentage of consumers who genuinely do not understand they have signed up for a credit monitoring service. We work to resolve issues with these consumers on a case by case basis.”

For a truly free report, as provided by law, go to: annualcreditreport.com

Movie popcorn
On the lighter side, it’s no surprise that movie food is expensive. Heck, they don’t even hide it. However, the movie industry is set up so theaters see a very small cut of the ticket proceeds. Therefore, concessions are their true money maker. Popcorn, for example, has a 900 percent mark-up, costing about $.06 to make and around $6.00 to eat. Many theater owners consider themselves to be in the concession business, not the film industry. As the recession continues its grip on the country, watch for more theaters to start offering beer and wine.

If you reserve a night out at the movies for the occasional reward for good financial behavior, skip the concession stand. Sneak in a bottle of water and some gum. Your cholesterol level will thank you.

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Published Friday, February 5, 2010 @ 10:06 am

Try as we might to understand some the esoteric banking principles that contributed to the recession or give the industry any benefit of the doubt, the folks on Wall Street just keep giving us reasons to believe they are, and will forever be, drastically out of touch with the way the rest of America lives.

Last year, CitiBank, one the nation’s major banking services players, announced a plan to provide customers with a truly free checking account, provided some account usage stipulations were met, in an effort to attract new accounts and to do their part in helping us stave off the effects of the recession. However, come November 2009, an announcement was made that additional fees would be applied to individuals that carried less than $1,500 in all accounts.

The fees were going to be applied to “EZ Checking” and “Access” accounts. The products would allow customers who made at least two monthly online bill payments or used direct deposit to not be subject to maintenance fees and per-check charges.

Needless to say, this did not sit well with a lot of people. Nor did it pass the smell test for the New York State Attorney General’s office. Citing that the bank did not make it known within a reasonable timeframe that the fees would kick-in, Attorney General Andrew Cuomo managed to convince the bank to suspend any impending costs for consumers who had signed up for the accounts.

Those who registered for one the “free accounts” can continue to bank free of charge until the end of January of next year. Despite the case being tackled in New York State, customers across the country are eligible to continue using their accounts without being subject to the announced fees.

Cuomo, in a press conference about the settlement, spelled it out clearly for CitiBank customers. “If you signed up for free checking, the bank can’t change the terms and must extend the offer for a reasonable period of time. We are defining reasonable, in this context, to be for one year.”

The practice of surprising consumers with short notice announcements of interest rate hikes or banking fees is exactly what led to the recently enacted credit card reform. Far too many Americans have been subject to incentives that promise free services and discounts only to have them yanked away at the moment it hurts the most.

There is nothing wrong with a company making money. However, doing so with deliberately vague or misleading tactics is an entirely different story. There is not one in the industry that believes CitiBank intended to continually provide its customers with free checking; not in this economy. And sure, their marketing is most likely perfectly legal. But is it ethical?

These tactics can lead those teetering on financial ruin right over the edge and often into bankruptcy. Worse yet, it can severely disrupt the plans of a person emerging from bankruptcy who was seeking affordable checking options.

Consumers continue to be victimized in today’s post recession-landscape. And while Washington is doing what it can to adjust mortgages, ease bankruptcies and fix unemployment, there seems to still be too many sharks and plenty of guppies. Stay on your toes, folks.

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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.

Let’s start with chapter 7. If you file chapter 7, you get an exemption for the equity in your primary residence – how much depends on the state you live in – but rental property doesn’t qualify for the standard residence exemption. Therefore, you will only be able to protect the property from sale if you can cover it under your available wildcard exemption. The North Carolina wildcard exemption is $5,000.00 per filer- not much. However, your state may have additional protections if you own the property jointly with your spouse. In North Carolina, if you own the property jointly with your spouse, the property is only subject to claims of joint creditors. If all of your debt is in the name of one spouse or the other, the property may be protected- regardless of the amount of equity. Talk to a experienced bankruptcy attorney, who can examine how you hold title and if you have any joint debt.

But what if you don’t have any equity in the house, or minimal equity? What if, for example, the house is worth $100,000 and you owe $120,000, or even $99,000? The trustee’s job is to determine whether or not there is money for your creditors, not to take away everything that belongs to you. He will determine the property’s worth, then subtract the projected sales costs, selling it and paying taxes on the proceeds. If it’s not worth the trustee’s time and effort, it’s unlikely that he will try to sell it.

With Chapter 13, there are additional caveats and concerns. In general, you should be able to keep your rental property in a Chapter 13 filing. In fact, since the rental property is not your primary residence, you might be eligible for cramdown under chapter 13 – meaning that if you owe more than the property is worth, the bankruptcy judge is able to alter the terms of the mortgage to reflect the property’s current value rather than the amount you originally agreed to pay for it. This could lower your monthly mortgage payments, as well as the long term amount you have to pay to the bank for the property. Cramdown isn’t allowed on primary residences, but it is allowed on other secured debts, including rental property.

Do note, however, that rental property can, under certain circumstances, cost you money. The trustee in a Chapter 13 case will look at all the costs associated with the property – your mortgage payments, plus taxes, insurance, upkeep and repairs. If these costs outweigh the income the property brings in, the trustee may object to your plan on the basis that the money you’re spending on the property should be distributed to your unsecured creditors. In such a case, surrendering the property may be your best option. However, this is a very fact-sensitive issue and depends on how your jurisdiction interprets very complex provisions of the bankruptcy code. Only an experienced bankruptcy attorney can advise you on your specific situation. Bottom line- if you’re deeply in debt, talk to a bankruptcy attorney and get the real facts. In North Carolina, call the Law Offices of John T. Orcutt. Convenient office locations in Raleigh, Durham, Wilson and Fayetteville. Call today: 1-800-899-1414 or visit www.billsbills.com for more information.

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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.

However, all those big companies, six-figure jobs and our collective entrepreneurial spirit has not done much to curb the rate of bankruptcies in Wake County, the heart of the Triangle.

The Triangle Business Journal reported recently that in 2009, Wake County bankruptcies grew by almost 37 percent during the last year. The total number of filings, both personal and business, is now at its highest level since 2005, when scores of Americans filed in order to avoid strict legislative changes that added a significant number of legal hurdles to the bankruptcy code.

In October alone of that record year, 1,210 bankruptcy filings went on record in Wake County. The total for 2005 was still significantly higher than 2009’s, coming in at 4,036.

The United States Bankruptcy Court for the Eastern District of the state, which counts all areas from Wake County to the coast, reported 2,961 Wake County bankruptcies for 2009. The year prior tallied 2,170. For the entire district, the court reported 11,592 bankruptcies. A little more than half were individual Chapter 13 cases and Chapter 7 filings totaled 4,532.

There were 142 Chapter 11 business reorganization cases. Chapter 12 bankruptcy, a section of the bankruptcy code pertaining to family fishing and farming businesses, saw only five cases.

In Wake County, where growth has always been a concern, the housing market drove a number of current personal and business financial collapses. Developers, appraisal companies, real estate agents, contractors and mortgage brokers were all deeply affected by the reach of the real estate crash. Many neighborhoods around Wake County remain unfinished, showcasing empty cul-de-sacs with “available lot” signs barely visible through knee-high weed creep and vacant streets that lead to long-settled dirt mounds.

The real estate industry has seen a culling of sales professionals like never before. Many Triangle-area professionals who switched careers to latch on to the real estate sales train found themselves catching it right as the market dropped into a seemingly bottomless valley of recession.

Chief Judge of the Eastern District court, Randy Doub, attributes the rise in part to the housing industry. “Much of it is related to the downturn in the home-building industry. The trend in the filings is upward.”

Wake County, which includes Raleigh, is not the only component of the Triangle that experienced a dramatic rise in 2009 bankruptcies. Durham and Orange, which are blanketed by the Middle District, saw increases of 20.5 percent and 44 percent, respectively. Orange County includes the towns of Chapel Hill and Hillsborough.

The numbers are scary. Being on the front lines, we can clearly see that for many of Americans, not much has changed since the recession began. Jobs simply are not coming back fast enough. The more fearsome revelation is that many positions will never come back; instead, they will remain forever lost in the debris of a shattered U.S. economy.

If you’re one of the many North Carolina residents struggling to find your financial footing, you need to speak with a qualified bankruptcy attorney. Call the Law Offices of John T. Orcutt for your completely free, no-obligation debt consultation. 1-800-899-1414 or visit www.billsbills.com. Convenient offices in Raleigh, Durham, Fayetteville and Wilson.

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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. And despite the government’s best effort, whether in credit card reform or mortgage assistance programs, the only way to solve our financial problems is for the American consumer to educate itself as to the practices, jargon and bureaucracy that obfuscate the critical, debt-inducing rules of credit and loan products.

However, education, specifically student loans, is one of the things helping to add weight to America’s debt anchor. They have caused countless bankruptcies and yet remain a non-dischargeable debt under Chapters 7 and 13 unless you can prove that paying them will cause a substantial hardship on your family. As if the bankruptcy itself was not enough hardship.

Those in the student loan profit circle are hesitant to ever address the debt issue in public, despite it’s prevalence on so many household balance sheets.

In a Wall Street Journal column, an expert on the student loan debt problem cited a 2003 report by the Department of Education with some staggering statistics. It stated that default rates for loans that cover 4-year, 2-year and for profit colleges are 25 percent, 35 percent and 45 percent. In simpler terms, around one in three students default on the loans they accepted to pay for education.

Not sinking in yet? Try this: the student loan default rate is higher than credit cards, sub-prime mortgages and even over the counter payday loans. Yet, the issue is never introduced or addressed in Washington circles, even in the midst of today’s middle class stabilization efforts.

Even though the Department of Education (DOE) created and published the report demonstrating the nation’s difficulty in repaying student loans, it later boasted complete confidence in a full return on every loan it issues plus a 20 percent boost in interest and fees on forbearance, adjustments and default penalties.

Now, mix in organizations like Sallie Mae, who buy, issue and oversee billions in student loans and also own collection companies to track down those who can’t pay, and it’s easy to understand just how much money is being made on the back-end of our college diplomas.

The higher-ups in Washington are in on it too, as a number of very common consumer protections that apply to most loan vehicles, such as the bankruptcy code and truth in lending requirements simply can’t be found in the fine print of your student loan. Thus, the DOE is the lone source of control when it comes to student loans, wielding powers over your wallet and financial stability like no other wing of our democracy.

And it’s only going to get worse.

Reuters is reporting that the rate of student loan growth in the last two years is close to setting records, jumping 29 percent. In total, there are now close to 69 million student loan accounts open in the United States. This is primarily because the recession has put so many people back into the classroom to refresh job skills, obtain additional degrees or change careers. Additionally, with so many parents out of work, more children have to apply for loans to cover their schooling.

In total, the country now owes close to $527 billion in student loans. And just about every penny of it will be repaid. Plus interest.

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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. Despite our negative feelings about debt, Americans want to repay what we owe. In fact, this noble instinct is what keeps some people from filing for bankruptcy when they desperately need to do just that. Not only are people afraid of having a negative impact on their credit scores (which in fact may already be in the basement), they also feel that the right thing to do is pay back debt.

When it is possible, paying back debt is the right thing to do, no doubt about it, but most people who declare bankruptcy don’t end up in a bad situation because they made negligent mistakes or don’t feel like paying; instead, dealing with the curve-balls life throws at us can prevent us from meeting obligations. By the time people opt to declare bankruptcy, they are not unwilling to pay back debt they simply can’t. The thing to remember is that creditors know that and take these factors into account. This is the reason creditors charge higher interest rates when they extend unsecured credit. If bankruptcy is the right decision, you shouldn’t allow misgivings about not paying certain kinds of debts hold you back.

What many people don’t even consider is that declaring bankruptcy can actually help you pay back debts. Consider this example: Say you are considerably behind on payments that are secured by your home or your car. In such a situation, filing for Chapter 13 bankruptcy can allow you to reach a compromise between what is feasible and what your creditors expect. In a Chapter 13 bankruptcy, a repayment plan could save your home from foreclosure by allowing you to catch up on back payments. Similarly, a Chapter 13 repayment plan can allow you to catch up on back payments for your car, helping you to avoid losing your vehicle to repossession. In both situations, the creditor is receiving payments for the credit they have extended, and you are working with a plan you can actually meet. This also applies to debts that you would not be able to discharge in a bankruptcy, such as child support payments and back taxes owed to the IRS. A Chapter 13 plan can help you make up for missed payments in the past while easing the pressure of being hassled and worried about never catching up. Eventually, with a good Chapter 13 plan, you are more likely to succeed in getting current on all your required payments.

A strategically timed bankruptcy can also help you in those situations where you may be able to pay off all your debts by selling assets, but you simply need more time. With aggressive creditors hassling you constantly, you may end up selling assets for less than they are worth, just to do so more quickly or to avoid penalties. This could land you with debts still to be paid and no assets to boot. A typical example is if your home is foreclosed on. Your home is not likely to sell for what it is actually worth if it goes through foreclosure. This means that you will no longer owe the mortgage company, but you will also lose the value in your home, if any, that exceeded the value of the mortgage. By declaring bankruptcy and forestalling foreclosure, you reap the actual benefit of your investment and potentially pay back everyone you owe.

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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. Sure, a nice windfall come April is a nice thing. But keep in mind that it’s your money—you’re just getting it later. And, when it comes to investing, “money now” is always better than “money later.”

Because it’s tax season, we thought it important to discuss how taxes and personal bankruptcy can relate to one another. It is possible to use bankruptcy as a way to get rid of large, outstanding tax obligations but it’s not as easy as discharging a few grand in credit card debt.

Chapter 13 bankruptcy in most cases requires you to pay back what’s owed within your monthly payment plan and Chapter 7 rarely allows for the complete expulsion of your tax debts. (If you’re not sure of the differences between Chapters 13 and 7, simply do a search on our blog for each.)

There are, however, some precedents set for removing tax obligations as part of a bankruptcy. Although we encourage you to understand that it is a complicated process and the results are not always what you may be hoping for.

(Understand this post is only scratching the surface. Only in person can we provide a full breakdown of taxes and bankruptcy.)

One reason tax debt and bankruptcy tend to get tangled is that past due taxes can fall into all three categories of debt type: Dischargeable, Nondischargebale priority debts, and Nondischargeable priority debts.

Provided you filed your taxes on time, legally and provide no evidence of tax evasion other than legitimately being unable to pay, you can discharge tax debt in Chapter 7 and 13. Still, what’s owed must be more than three years late and assessed more than 240 days before you file. That means that you were officially declared late and in debt that many days before you filed. This ensures the IRS that you are not declaring just to get rid of a recent tax debt.

BUT (you knew there was one), that 240 day window starts only after the last extension expires, not when the original debt was assessed. Other impediments to that three year time-frame include a 90-day addition if a previous bankruptcy case of yours was still open while you were assessed the tax debt; the addition of any time the IRS was prevented from collecting as a result of a court ordered due process hearing plus an additional 90 days; and any time that a debt assistance professional formally asked the IRS to temporarily halt collection efforts.

Basically, any effort you make to delay the collection of tax debt, even if perfectly legal, counts against your ability to discharge tax debt in a bankruptcy.

The key to bankruptcy and taxes, like all things in life really, is to be completely honest and upfront. Any attempt to hide or even coyly plead ignorance will be considered an attempt to obscure or defraud the court and even worse, the IRS. Not being able to pay your taxes, especially after a mid-year job loss, is a common thing. Don’t make it worse.

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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. In fact, White notes, less than three percent of people whose primary residences are foreclosed on are people who could have continued to pay their mortgages. There are no discernible difference in foreclosure rates in places where housing prices have dropped steeply. Rather, foreclosure rates closely track unemployment rates, suggesting that it’s generally people who lose their jobs and are no longer able to pay their mortgages who lose their homes to foreclosure.

This is true even when it would make more financial sense for people to walk away. Nationwide, housing prices have dropped 30 percent since their peak in 2006; in some cities, drops have been much steeper. Parts of California, for example, have seen drops of 65%. The result is that many people could pay rent on a new house at only a fraction of their monthly mortgage. Homeowners in this situation could save tens of thousands of dollars by walking away. So why don’t more of them do so?

Emotions of fear, guilt and shame come together to encourage people to act against their own self-interests, White argues. There’s a concerted message being put out not only by the banking industry, but also by the government, the media and even non profit consumer counseling agencies that ‘good people’ live up to their responsibilities and don’t walk away from their obligations. That message is allowing the banking industry to shift not only the responsibility, but also the consequences, of the housing crisis entirely onto the shoulders of homeowners.

Certainly there are some negative consequences to society of walking away – foreclosures tend to cluster in neighborhoods, and neighborhoods with a large number of foreclosed homes often become run down and dangerous. But what about the consequences to society of staying and struggling to pay these huge mortgages? Doesn’t that empower a banking industry that made poor decisions and led the economy into this trap?

White points out that in a stable housing market, a house should be about 15 to 16 times the price of a year’s worth of rent. In some markets, the average mortgage being written was 38 times the price of a year’s rent. Shouldn’t the bankers, experts in housing prices, be held to some account for writing these kinds of mortgages and letting housing prices get out of control?

The guilt, shame and fear that White writes about seems to apply only to consumers. We see this echoed in the way people think about credit card debt and bankruptcy. When consumers are unable to pay their debts, they are somehow shirking their responsibilities; when banks can’t pay what they owe, they find themselves ‘undercapitalized.’

This isn’t to say that financial irresponsibility should be more acceptable. However, maybe we need to rethink the way we hold consumers to a higher moral standard than lenders, and instead force the same financial accountability on all parties.

If you’re considering letting your house go, protect yourself from deficiency liability by filing for bankruptcy. For more information, visit our website www.billsbills.com and call to set up your free initial debt consultation. Serving North Carolina families since 1995, the Law Offices of John T. Orcutt.

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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.

But, in these unfriendly economic times, [exactly] what happens when you can’t or won’t pay back that debt? What should you do when your creditors come calling? Can you keep creditors at bay or are you bankruptcy bound? Conquer your fears of dealing with your debt and remember the bankruptcy basics necessary to keep you from a creditor crunch.

Remember: Filing a Lawsuit Against a Debtor is not a Creditor’s First Choice
Keep in mind, creditors normally don’t want a lawsuit any more than you do. In fact, a creditor will not normally file a lawsuit against you until after many months and sometimes years of pursuing you for non-payment. Plus, creditors know that even if they file a lawsuit, it can be quickly neutralized by your bankruptcy filing—dispensing with your unsecured, and in some cases, even secured debt.

To Answer or Not to Answer
When you fail to respond to a creditor’s lawsuit, the creditor will gain a default judgment. This judgment will give the creditor the right to take certain collection actions against you, which could include seizing your bank accounts or garnishing your wages. In the alternative, if you respond to a creditor’s lawsuit—providing an “answer”—it can buy you precious time to secure more savings or take an excellent opportunity to file Chapter 7 or Chapter 13 bankruptcy.

The Consequences of Judgment Day
A judgment is a judicial order that, if it is not obeyed, will invoke legal consequences.  In extreme cases, a failure to pay a judgment filed on behalf of your creditors could result in a bench warrant issued by the court for your arrest. Keep in mind, only bankruptcy can help you avoid this type of judgment.

Settling What Constitutes A Settlement
Creditors file lawsuits because they simply want some kind of payment and, in the process, are often willing to settle for a lesser amount for repayment. Yet, while creditors want these types of settlements, it’s important to make sure your settlement offers are in writing.  Additionally, you should also be wary of so-called “debt settlement” firms who claim they can settle your debts for pennies on the dollar. Remember: you don’t need a firm to settle your debts…creditors filing lawsuits often offer settlement amounts; but the forgiven debt may be taxable. In the end, keep in mind that debts settled or discharged in bankruptcy are not taxable.

Worried About Wage Garnishment?
As mentioned, any creditor who wins a judgment against you can also garnish your wages or seize your bank accounts.  Only bankruptcy can stop your wages garnishment or a bank seizure order to raid your valuable accounts.  If a creditor seizes your wages or accounts after you file bankruptcy, you do have legal recourse and it’s even possible to get those assets back.

Knowing a qualified bankruptcy attorney can also help you conquer your creditors and face your financial fears, yielding the right kinds of support, information and insights—at a low cost— for a viable and secure future.  The bankruptcy experts at the Law Offices of John T. Orcutt offer a totally FREE debt consultation and now, more than ever, it’s time to take them up on their offer. Just call toll free to 1-800-899-1414, or during the off hours, you can make your own appointment right online at www.billsbills.com. Simply click on the yellow “FREE Consultation Now” button.

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Published Friday, January 22, 2010 @ 5:58 pm

Recent bankruptcy news includes a headline about industry icon MGM filing a prepackaged bankruptcy, which, relative to the movie industry, may carry as much as impact as the General Motors and Chrysler filings had in Detroit.

However, operating with excessive debt is not a new concept in the film industry. In fact, it’s how most filmmakers get started. One has only to ask the nearest independent movie director how he’s funding his latest effort and your likely to hear the words “Visa,” “Mastercard” and “American Express.”

Today, access to the credit market is slowly changing the small film market. Just a couple of years ago, aspiring directors and producers would have little fear about maxing out their credit cards because of the prospect of a major studio discovering their unpolished cinematic gem and putting it on screens across the country.

Hollywood is rife with stories of how the one-time small-time filmmaker thrived on friends’ couches and ramen noodles while making their “dream project.” With banks squashing credit limits and destroying all but one copy of the vault key, the creative collective in California is afraid that the recession is also hampering the future of film, not just the unemployment rate.

And, for those who took the credit card route to financing their films before the recession tsunami swept ashore, bankruptcy has become their best route back to dry land.

On the eve of the Sundance Film Festival, the crossroads of all things independent and Hollywood, little known movie makers are working harder than ever to see their dreams realized turned into record weekend box office gross. Thankfully, those behind the now red carpet event have found a way to deal with the recession’s toll on the individual director by creating a new category called “Next” that is only for those films made on little to no budget. This year, six pictures were selected.

In 2003, two documentary filmmakers made it to Sundance with a piece about children and spelling bees. They used to the limit 14 different credit cards to pay for the travel and production that went into the movie. One of the filmmakers said in a CNN.com article, “Over the course of several months, we hit the road, using our credit cards to fund the project … Then we’d come home between shooting the film, pay down some of the debt and resume shooting.” Their film, once picked up by a major studio, made $6 million.

In this credit drought, some indie producers are turning to a new loan concept powered primarily by the Internet called “crowdfunding.” One site in particular, www.indiegogo.com, allows filmmakers to propose their idea to whomever comes on to the site. They can include clips, story ideas and other production updates. Donations can be of just about any amount. Currently, the site boasts 2,300 projects and more than $200,000 in funds raised.

Crowdfunding has become a big hit with movie folks because it establishes a fan base early on that could eventually contribute marketability and in the end, butts in seats.

Still, the lack of credit has saved a lot of independent filmmakers from going too far into the hole. David Spaltro, a low-budget filmmaker, amassed $150,000 in debt on a total of 40 different credit cards.

“My credit score looks like a batting average. And that’s being conservative,” he said. The film was finished in 2008 and since then, he has been able to pay off a substantial amount of what he owes.

Wow, talk about a horror show.

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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?

Because they’re not. Making Homes Affordable, the program implemented by the government last May, is designed to encourage banks to modify the loans of homeowners who are having trouble making mortgage payments. Mortgage companies are reluctant to do that, however: they make more money in interest and fees when a mortgage goes into foreclosure, than they make from the government when they successfully modify it. The government had hoped to have 3-4 million mortgages modified by the end of last year. As of mid December, the count was at 750,000 – the vast majority of those were still in the trial stages.

The news reports of lenders dragging their feet are backed up with anecdotal evidence from homeowners, who report that they call the lenders over and over, file and refile the same documents, and then call back, only to be told that no one knows anything about their case. Lenders counter that people don’t send them the requested documents. Really? Desperate homeowner, one last shot at keeping their home, and they can’t be bothered to fax some papers? The lender argument is a little hard to believe.

Hence, the SWAT teams. These are teams of three people, sent into the call centers of the seven largest loan servicers to make sure that the bank representatives are giving accurate information, filing forms properly, etc. Experts are not impressed – many say the initiative is unlikely to work. Some have called for putting permanent government observers in the call centers. They note that private insurers already have their people inside the call center, to help prevent the loans they’ve insured from going into foreclosure.

Unfortunately, neither temporary nor permanent government observers in the call centers seems likely to work. This is another initiative – like the ‘foreclosure hall of shame’ that was supposed to embarrass the lenders into modifying loans – that the banks will evade and ignore until the administration acknowledges it isn’t working and moves on to something else. The fact is, lenders aren’t going to modify substantial numbers of mortgages until they are forced to. Unless an initiative like cramdown is passed, which takes the decision to modify or not and how much out of the bank’s hands and gives it to a neutral party, foreclosures will continue to rise.

Fortunately, homeowners finding it difficult to pay their mortgage may have another option to save their home: bankruptcy. Your bankruptcy attorney will return your phone calls, keep your files organized, and not make you fax documents four or five times. In addition, he or she will help you map out a plan that will lead you to financial freedom. The Obama administration may sincerely want to help homeowners. But as long as they expect bankers to do it out of the kindness of their hearts, you’re probable better off filing for bankruptcy.

Brought to you by the Law Offices of John T. Orcutt. Providing North Carolina homeowners real foreclosure relief since 1995. Is your lender not working with you? Call today and find out how a bankruptcy can save your home. 1-800-899-1414. Convenient offices in Raleigh, Durham, Fayetteville, and Wilson.

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Published Monday, January 18, 2010 @ 6:43 pm

Is there any way to lower your car payments in bankruptcy? The answer, which may surprise you, is maybe. While Congress recently rejected attempts to pass a law that would allow bankruptcy judges to ‘cramdown’ mortgages, there do exist some limited possibilities for revising auto loans.

Basically, debtors who owe more than their car is worth – and who doesn’t, especially if you bought it new? – may be eligible to eliminate the portion of the debt that exceeds the value. In a Chapter 13 bankruptcy, the debt would be divided into ’secured’ debt (the value of the car) and ‘unsecured’ debt (the excess money on the loan), and the car loan would be revised to repay only the secured portion.

However, this option is generally only available for people whose car loans originated more than 910 days before they declared bankruptcy. Some courts have allowed, in limited form, for the portion of a car loan that was ‘rolled over’ from a previous car loan, to be treated as unsecured debt even in a more recently originated loan. However, note that a recent decision by the US Court of Appeals for the Fourth Circuit – whose jurisdiction includes North Carolina – has determined that this portion of a car loan is included as secured.

On the other hand, some attorneys report that some lenders are willing to renegotiate the loan, even if it originated in the last 910 days. While the law doesn’t require them to renegotiate, it doesn’t prevent them from doing so either. It’s at least worth asking, before you take up your other options.

If your loan originated less than 910 days ago, and your lender refuses to renegotiate, what are your other options as you go through bankruptcy? You can simply surrender the car. Lenders don’t like this option, but if you’re filing bankruptcy, they have no choice. They will take back the car and then sell it at auction. The difference between what you owe and what they sell it for will be entered against you as a deficiency balance. However, even in a Chapter 13, there is little chance the creditor will receive any return on its deficiency balance.

You can also reaffirm the loan. In this case, you agree to continue making the payments on the car even after you file for bankruptcy. Note carefully, though, if you choose this option and then default on the loan, you will be responsible for the deficiency balance, and the lender can sue you for it. Reaffirming your car loan has some advantages though: you get to keep your car, which means you don’t have to look for a new car loan with a recent bankruptcy on your record. Making these payments on time is also a good way to rebuild your credit – just make sure the lender is reporting them to the credit agencies.

As always, remember that the best way to negotiate this maze is with the help of a good bankruptcy attorney.

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Published Thursday, January 14, 2010 @ 11:34 am

It’s 2010, the year we take charge, so to speak, of our credit cards. In only a couple of months, credit card companies will have to fully abide by the provisions of the Credit Card Accountability, Responsibility and Disclosure Act (CARD). Some components of the act have already been in action.

Nevertheless, consumer advocates are expecting a slew of new credit card company tactics to increase, damage and elevate our debt, credit reports and heart rates. This is especially frustrating for those trying to re-establish a sound credit rating after bankruptcy. If more fees and restrictions come into play, it will take that much longer to use a credit card as a reputable credit source. (Remember though, this may not be a bad thing. Charge cards are a good way to use plastic and remain on top of your balance.)

We’ve discussed several times on the blog how credit issuers have started to counteract the measures by pushing interest rates just enough to not warrant any additional legislation yet get as much as possible from those Americans who already carry a significant monthly balance. For those with solid credit who manage a small balance over multiple cards, lenders have seized credit limits, decreasing what’s available and consequently creating marks on credit reports.

(It should be noted that action is underway to prevent those specific initiatives from harming a credit rating.)

Here are a few new methods by which credit card companies will be able to gouge their customers.

• Expect many cards to start charging annual fees. Currently, 80 percent of the available credit cards in the marketplace do not charge an annual fee. For those carrying solid credit ratings, annual charges are rare. Reports are coming in nationwide about some banks delivering notices about annual fees, which can in some cases climb to around $100. Other banks will only charge if you fall below a specific balance, which encourages card holders to not pay off a balance in order to avoid additional costs.
• Your one-time fixed rate card may suddenly shift to a variable rate, leaving you open to rapid jumps in balance. This is actually a byproduct of the law that prevents surprise interest rate hikes. Lenders bypassed it by simply creating credit cards with interest rates that will vary on their own. In other words, your card company isn’t deliberately increasing your rate, the market is doing it. Granted, that means your rate can sometimes go down, too. However, take a look at the markets. The Prime Rate is already as low as its been in a long, long time. It’s only going up from here.
• While the CARD act will prevent sudden rate hikes on existing cards, it does not address rate limits on new cards. Clearly, you don’t have to apply to a high rate card but the practice will make it much more difficult for people to obtain cards and also limit consumer choice.
• Scaring consumer advocates the most is the expected new fee strategy. It is believed that the credit card industry will start assigning fees for an array of membership services and card ownership privileges. You may also see vague charges on your statement, not unlike what’s found on most phone bills. For example, keep an eye out for inactivity or minimum balance fees.

Thankfully, consumers’ use of credit cards is at its lowest point in more than two decades. And it looks as if it may stay that way.

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Published Thursday, January 14, 2010 @ 9:30 am

More than 1.4 million Americans filed for bankruptcy in 2009; surprisingly, a large number of filers were over the age of 65. Senior citizens were traditionally less likely to file bankruptcy for a number of reasons. Until recently, for example, senior citizens held less credit card debt than younger people. They have less time to repair their credit rating after a bankruptcy as well, and may feel that the perceived harmful effects of bankruptcy will haunt them forever. Considering that many myths about bankruptcy are deep-rooted, older Americans may be more likely to hold strong feelings associating bankruptcy with shame and failure.

Nonetheless, bankruptcies among the plus 65 set continue to grow. Between 1991 and 2007, bankruptcy filings among Americans 65 and older went up 125 percent; for those between ages 75 and 84 they increased an astonishing 433 percent. The recession that began at the end of 2007 has hit seniors particularly hard. The crash of the stock market meant that many seniors wound up having far less money to see them through retirement than they had hoped. While younger workers have a couple of decades to rebuild their portfolios and 401k accounts, older Americans, who need to use that money now, do not. Furthermore, many older Americans live on a fixed income – social security payments or pension payments – and they have few options to increase that income. With a national unemployment rate hovering around 10%, jobs are difficult to find for anyone. Given that many companies have a bias – legal or not – against hiring older workers, senior citizens often find it difficult to get work.

While seniors once had a reputation for eschewing credit cards and paying with cash, in recent years, credit card companies have been aggressively marketing to senior citizens. Most doctors and pharmacies now take credit cards for prescriptions and co-pays; many strapped seniors have no choice but to put those purchases on credit. The average senior now has slightly more credit cards debt than his or her younger counterparts.

The good news is that bankruptcy offers seniors the same protections it offers all Americans: a chance to keep your home. Freedom from the incessant calls of creditors. If you’re on a fixed income, chances are good that you will qualify for a Chapter 7 bankruptcy, which will simply discharge your unsecured debt.

Why waste your golden years worrying about credit card debt? See a bankruptcy attorney today, and determine the best course for you, to bring you to financial freedom.

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Published Tuesday, December 29, 2009 @ 6:52 pm

Have the credit card companies ‘jacked-up’ your rates, doubling your payments?

And really stuck it to you and your family?

Now, you’re screwed for sure…right?

Where is the money gonna come from to make double payments?

You can’t just ask your boss for a raise because you need more money…can you?. So, you have to try to pay with what you have.

The problem is that every dollar you pay is a dollar you steal from your family.

And…to make things worse…

Have they lowered your credit limits, putting you “over limit” for no fault of your own, so now they can soak you for outrageous “over the limit” fees?

And, these are on top of the already outrageous “late payment” fees.

All tactics designed to gouge out of you as much money as possible.

What’s fair or right about that?

And…adding insult to injury…have they changed your credit card from a “fixed rate” to an “adjustable rate”?

That’s not right.

What they did might be legal under the law, but just because something’s legal, don’t make it right or fair.

Just because you can…doesn’t mean you should.

But they did it anyway. It’s like the banks are telling you “Screw you. We want more money. So just pay it and shut up.”

Angry? You should be. Real angry?

The only good news is that you are not alone. They have done it to millions, if not tens of millions, of good, hard working Americans.

The only question is “What are you gonna do about it?”

Want to know why they did this to you?

The answer is simple.

Greed….to make as much money off the back of you and your family as they can…while they can.

Congress passed a new Credit Card Reform Bill of 2009. This bill was intended…so they say…to ‘rein in’ the credit card companies, that is, the big banks who issue credit cards to tens of millions of Americans.

For decades, the big banks had been suckering us Americans with the lure of easy credit, full well knowing that we would get in debt and stay there…good news for banks who live off of interest and fees, and all the more so as they more and more jacked up the interest rates, shortened the grace periods, and made a fortune charging higher and higher extortion-level “over limit” and “late payment” fees.

And, everything was working just fine…like the banks planned…until they completely screwed up the financial market and forced Congress to spend our money on huge “bailouts”.

All of a sudden, the banks were in trouble and some Congressmen saw this as a one-time opportunity to try to clamp down on the nasty credit card tactics, a chance to put a stop to some of the now well-known and abusive credit card company shenanigans. As a result, a credit card reform bill was passed and signed into law.

On its face, the credit card reform bill looked great. For example, there are provisions to make it illegal to change your interest rate on existing balances.

Sounds good…right? Wrong!

Long before the bill ever went to the President for signature, it was stuffed full of holes…err ‘loopholes’.

The biggest loophole lies in the fact that the bill does not even go into effect until 2/22/10. This delay provided the big banks more than enough time to do all sorts of things to sidestep the new bill, to protect themselves and to make even more money. In effect, the big banks have turned the credit card reform bill into nothing but a big joke.

One of the things they did was…across the board…to jack up everybody’s interest rates.

How did this happen?

What went wrong? What happened to the credit card reform bill? How did it get full of holes in favor of the big banks it was meant to rein in?

Easy. The banks were able to exert enough influence to get a number of key provisions taken out of the bill and others changed, including the date when the bill would go into effect…2/22/10.

Are you surprised? Don’t be.

The truth is that the big banks have been in control of this country since the Constitutional Convention, when America first became America. They were in control, they are still in control, and they will always be in control. And, being in control, they are, in effect, also in control of Congress.

Unfortunately, the vast majority of Congressmen need bank contributions (read “money”) to pay for election campaigns. But there’s a price to pay for this money. And, that’s where the golden rule comes in: The banks are the guys with the gold and the guys with the gold get to make the rules. The banks have the money the Congressmen need.

And, just to make sure they are heard, big banks spend a ton of money on lobbyists to try to bully some Congressmen, and brainwash others. And that’s just the tip of the iceberg in terms of the influence that banks have over Congress.

The price to pay is that the banks get to help write the rules (read “new laws”)…or in this case…the credit card reform bill.

At the same time, this time around, the big banks knew they had screwed up the entire financial market, and so much so that it forced Congress to spend OUR money to bail them out. But, they also knew that the bailouts were not popular at all with the voting public. And they knew that most Congressmen would be feeling the heat from the bailouts and that, as a result, these Congressmen would be feeling the need to at least put up a showing that the banks were being punished. Not doing so, the big banks knew, these Congressmen would suffer the wrath of the public in the next election.

So…the big banks knew…something had to give, that there would be a price to pay for the bailouts, and part of the price came in terms of the new credit card reform bill.

Or so it would appear to the public. Unfortunately, appearances don’t necessarily reflect reality, and that is exactly what happened to the credit card reform bill.

Even with all the problems the banks had caused to our economy, the big banks still, in effect, had massive amounts of influence over Congress. And, controlling Congress meant that the big banks could get things changed in the proposed credit card reform bill. And, so it came to pass, and the banks got most, if not all, of what they wanted, a bill so watered down with loopholes that it was, in effect, turned into nothing but a joke on the public.

Basically, as it turns out, the new credit card reform bill is just another SCAM by the big banks.

In effect, a lot of the current credit card reform bill was written by the same big banks it was meant to rein in.

Congressmen and the banks both got what they wanted. Congress got to look like it did something to punish the banks, and the banks got a bill that they would work around.

Depressing? Disappointing? Frustrating? I agree.

With the major provisions of the bill delayed until 2/22/10, the big banks got busy changing things necessary to completely sidestep the bill.

And, that’s were the rate hikes, lower credit limits and adjustable rate credit cards come in.

The banks knew that, under the new law, they wouldn’t be allowed to so easily change things in the future regarding credit cards. But, nothing in the bill kept them from doing it now, before 2/22/10, and being the big banks they are, that is exactly what they did…to you and to me.

First, they jacked up your credit card interest rates. Then, they lowered your credit limits, and then, they did other things like changing your credit card contract from “fixed rate” to “adjustable rate”.

The net effect: Passage of the credit card reform bill, instead of helping you, actually hurt you…and hurt you bad.

The upshot was that millions of good, hard working Americans, just like you, quickly received notices jacking up their rates, lowering their credit limits and changing their credit card contracts from “fixed” to “adjustable rates”.

The real bottom line is that if you were just staying afloat before…and just making ends meet…now you were screwed.

Who can have their payments doubled and survive?

What always gets me though….is why so many Americans just sit there and take it?

I am always asking myself: “Why are people not more pissed off? Why isn’t everybody angry at the banks?”

Is it because people feel helpless against the giant bank? I can understand that. Most of us aren’t bankers and we don’t know what to do or if there is anything we can do.

Is it because what the banks are doing is allowed under the contract you signed with them? I don’t know if you have ever looked closely at a credit card agreement, but it you have, you know that it is long and complicated and full of good stuff to let the banks do just about anything it wants to pull the rug right out from under us.

Is it because the things the banks are doing to us aren’t illegal? I would hope not because where I come from, just because you can get away with it, don’t mean it’s right. And, there ain’t nothing ‘right’ about jacking up interest rates, doubling payments, and screwing families.

Or is it because, as Americans, we have gotten so far removed from having to fight for our rights, so tame and domesticated that we don’t even have any fight in us? Instead, like the tame and domesticated farm animals we have become, we depend on a Congress and our President to fix things and protect us. How is that working out for you and your family? As Americans, we hafe been like cows being lead to slaughter.

This has got to stop!

Whatever the reason is, what the banks have done is NOT RIGHT, and the bottom line is this:

What are you going to do about it?

If you answer is “nothing”, you can stop reading right here, right now.

But, if you are as pissed off as I am, and have had enough, and need to make sure your family survives no matter how bad things get (and things will get worse before they get better), and want to fight back,….read on.

The truth is that with hiked rates and doubled payments, many of us will either have to do something or see our families suffer and submerge.

Let’s face it. We only have so many dollars and every dollar we send to the credit card companies is a dollar we can’t spend on our families, and which comes right out of the mouth of our kids.

I don’t know about you, but that is not what I intend for my family…and it just pisses me off.

How about you?

As it is, our grandchildren’s, grandchildren will still be paying for the bank “bailouts” forced on us by Congress, and now… to make things worse… the banks are throwing salt in our wounds by jacking up rates and screwing with us.

I don’t now about you, but I sure as hell don’t intend to just sick back and take it in the face when the credit card companies treat me this way, whether what they are doing is legal or not.

And, to make it worse, the banks aren’t even honest with us. Instead of telling us the truth, they trump up this and that to justify screwing us. And even when we didn’t do anything wrong, they make up stuff, for example, referring to defaults or late payments that never happened.

It makes me sick and it makes me angry. Is it just me, or are you angry too?

Why don’t they just tell it like it is? If they did, it would likely sound a lot like this:

“We are in the business of making money. That’s why we exist. That’s what it’s all about. That’s all there is to it. Nothing personal, but we’re in it for the money and we always have been.

We don’t care about you. We never did. If, on occasion we come across like we do care, we’re only pretending, either because we know that being nice to you will keep you paying or because being nice to you is in our best interest, not yours.

In fact, you are so brainwashed by your moral upbringing that you go on expecting us to act differently. You just never get it. Being fair or just or helpful or honest or putting your best interest first is just not our nature as a bank.

On top of that, you signed a contract with us that lets us do whatever we want to you. In effect, the contract is only binding on you. The truth is that it’s a joke that it’s even called a contract. A true contract would assume that both sides had a hand in coming up with the terms. Instead, it should just be called “Our Rules”. Yeah, the golden rule: We have the gold, so we make the rules.

And, under that contract, we have the right to do anything we want, including raising your rates and screwing you in ways you can’t even imagine.

And, we do it because it makes us more money. Did we mention that it’s all about money, money and more money? It doesn’t matter. We can say it’s all about money and you still don’t get it. You still think our relationship is about honesty and fair dealing. It not. It’s about money, taking your money and giving it to us.

Furthermore, experience has shown us that we can treat you as badly as we want and get away with it every time. To us, you are not human beings or families. You are just numbers and profit. And, since you are just numbers and profit, we can screw you and still sleep at night, just fine. In fact, those of us who make the big decisions don’t even live in your communities, and even if we did, you don’t know who we are. And you think that just because we have people working in your community, that makes a difference. It doesn’t. They do what we tell them. Sure, part of what we tell them is to be nice to your face, but we don’t mean it. We just say it because we make money off of you, lots of it.

Oh, sure, a few of you will stomp and complain and maybe close your accounts with us when we treat you badly, but we have everybody so brainwashed that ‘credit is king’ that most of you will put up with just about anything we do to you if it means that your credit score will be ok..

What’s really wild is that most of you won’t even get mad at us and the few of you who do won’t be able to convince the others to get mad. In fact, you’re so brainwashed that most of you will blame yourselves for getting into debt in the first place. How cool is that? We have spend our careers figuring out how to legally trick you and cajole you deeper and deeper into debt, so much so that you are trapped forever, and still you don’t blame us. Instead, you blame yourselves, and feel so bad about not paying your bills that you will take food out of your own kids mouth and keep making your own families sacrifice on and on and on to keep paying us.

The truth is that we can screw you and we have screwed you, and you won’t do a thing about it.

So, nothing personal, but if we can skirt around the negative effects of the credit card reform bill, even if it screws you and your kids, that is what we are going to do. We’re bankers. It who we are. You’re just too stupid to see it.”

Angry yet?

I hope so because if you get angry enough, there are things you can do to fight back,

….things that speak to the big banks in the only language they understand,

….things that speak to the big banks in the only way that ever really gets their attention: MONEY.

You don’t have to just sit there and take it, and your family does not need to continue sacrificing and suffering.

Are you ready to take control? Are you ready to do something positive? Are you ready to do whatever it takes to make sure your family survives no matter how bad things get?

If so…good!

The first thing you need to do is to stop looking to Congress for help. That ship sailed long before you and I were ever born. You know it and I know it. Instead, we need to do what we can to help ourselves.

Second, stop thinking that big banks care, or will ever treat you fair. It ain’t gonna happen. To them, you are not a human being, much less a human being with kids and brothers and sisters and a mom and dad. You’re just a number to them, a statistic on a computer screen, and that will never change. So, stop wasting time calling them and asking them to be fair.

Next, find a small community bank that’s too small ‘not-to-care’ and move your bank accounts and all your banking business there. It may be that you still need the big bank for your credit card, but not for the rest of your banking business.

Next, if you are one of the lucky ones who can afford to do it, pay off your credit cards in full and stop using credit cards, except where you already have the cash or income to pay the thing off fully each and every month.

If you are not so lucky, and you can’t afford to pay off your credit cards in full, unfortunately, you only have 3 choices:

Choice 1: Go on paying, no matter what.

If you can even afford it, one option is to just go on paying your on your credit cards no matter how much they jack up your rates and no matter how high your payments get to be.

This is what the banks are counting on you to do, and if you do it, they win. The problem with this option is that every dollar you pay them is a dollar no longer available to take care of your family. In these tough economic times, continuing to pay on jacked up credit cards is risky business at best, and more likely, financial suicide for your family.

Choice 2: Stop paying.

In the short run, this will leave a lot of money in your pocket, and that good in terms of taking care of your family, but any credit you do have will be killed of completely, and ultimately, you will still owe all the money, plus interest. And…sooner or later…the credit card companies will sue you, and having gotten a judgement against you, will take from you whatever money or property they can legally get their hands on.

Choice 3: File bankruptcy.

What a surprise. A bankruptcy attorney hawking bankruptcy as a solution.

But the fact is that, if you can’t pay all your bills or, even if you can, but only by making your family suffer, bankruptcy does 2 things that nothing else in the world does:

First, it gets rid of debt and gets rid of it permanently. Results will vary depending upon your situation, but nothing gets rid of credit card debt, for instance, like filing bankruptcy.

And second, if you have no choice and need to file bankruptcy, it gives you a chance to give the banks a dose of their own medicine?

Let me explain. At its core, what bankruptcy does best is that it gets rid of debt. It just erases it, like, “today you owe it”, and “tomorrow you don’t”, like it never existed.

Well, you know who gets hurt when you don’t have to pay. The big banks…at least in terms of credit cards. The very same banks that the government forced you to help “bail out”. The very same banks that just jacked up your rates, doubling your payments. The very same banks that stuck it to you and screwed your family. The same banks that would let your family sink if it means making another buck.

Sick of having your back against the wall?

Need to get your family out of debt and back on track?

Need to put your family first again…instead of last?

And need to do it now before things get even worse?

Want to give the banks a dose of their own medicine for making you suffer and forcing your hand? Is it time to make them suffer the way they have made your family suffer?

If so…Think bankruptcy.

You have the power.

The power of bankruptcy.

Call today for a FREE Debt Consultation and at least find out how all this bankruptcy stuff works. You won’t be disappointed…I guarantee it.

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Published Tuesday, December 29, 2009 @ 6:00 pm

It hardly seems fair.

Those needing help with a bad mortgage that can be blamed on banking industry profit strategies are now faced with the problem of having their credit ratings ransacked as a result of enrollment in a federally-backed mortgage modification program.

The subprime mortgage crisis forced hundreds of thousands of Americans into bankruptcy or foreclosure. As the government realized, despite its public reticence, that it played a tremendous role in the state of its citizens’ bleak checking accounts, it announced the creation of the Making Home Affordable program, a concerted effort to offer banks financial incentives to adjust their customers’ mortgages at more favorable terms to the customer.

In the program’s wake arose countless private organizations and state-run mortgage assistance efforts. However, deep under the surface of the seemingly endless field of good will grows a bitter small seed of realization that your credit rating will experience increased erosion by entering into a mortgage modification plan… As if the impact of missed home payments and additional debt wasn’t already hard enough to swallow.

Jason Axelrod, a Chicago city employee, was one of many Americans who recently realized that seeking mortgage help would lead to negative consequences. He enrolled in a trial modification a number of months ago, at which point he sustained a reputable credit score of 750. With overtime cut and a quick jump in property taxes, it became increasingly difficult for him keep his monthly payments on track. The mortgage modification adjusted his payments by $565.

Trial modifications are generally intended to last a few months while banks and program representatives collect paperwork and gauge the homeowner’s ability to handle the new payments.

Eight months later, Jason remains in a morass of confusing paperwork and has yet been able to provide his lender with the appropriate paperwork to finalize the trial plan into a permanent one. Oh, and his credit score, despite no additional big ticket items or debt troubles, has dropped by more than 100 points. He was recently offered a car loan at 12 percent interest. He had previously enjoyed a low rate of 4.7 percent.

It is during the trial period that industry guidelines require lenders to report information on those enrolled. Specifically, the credit bureaus want to know a borrower’s status before entering the program. And it is in this reporting effort where the less-than-above-board practices of the credit bureau come into play. Essentially, to the folks at Equifax, Experian and TransUnion, the mortgage modification enrollment process is simply another credit checkpoint, supplied by the government, that they use to collect information on consumers. It’s like shooting debtors in a barrel.

A jointly devised coding program was installed to signify a borrower’s status as a “partial payee.” The presence of this code alone is enough to negatively impact credit standing. The full scope of its impact is based on a number of mortgage payment factors, such as number of missed payments before enrolling in the assistance program.

However, according to the Treasury Department, even those who were current on their mortgage could see their credit score cut by 100 points, simply because they chose to enroll in a program offered by the government.

At the start of September 2009, 24,000 people current with their mortgage entered into trial modifications. Just after Thanksgiving, the total number of trial modifications was just under 700,000. That’s a lot of credit reports. And most likely, a lot of frustration.

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Published Thursday, December 24, 2009 @ 7:26 pm

Medical debt is one of the nation’s largest bankruptcy stimulants. Hospital stays, exotic medications and steep monthly premiums have helped fester a plague of debilitating debt obligations that is said to affect millions of Americans.

Today, on what may eventually be considered an historic day for American government, the United State Congress may have found a cure. Or at the very least, it could be argued that the political chemo drip that has been hanging over the country’s head for almost a century has started to have an effect.

On the eve of our country’s most recognized reason to come together with families and to celebrate life’s little importances, like health and happiness, the United State Senate approved a healthcare reform bill that contains some of the most sweeping changes ever introduced to the $2.5 trillion healthcare industry.

In its current dosage, the bill will broaden medical coverage to 30 million citizens currently deemed uninsured. Once in place, 94 percent of the country will be covered. The bill also introduces provisions that will require industry providers to cease denying coverage to people with existing medical problems.

Other highlights include the requirement for most Americans to have coverage, a subsidy program to assist those unable to pay for an entire plan and a system of state-run insurance exchanges in which people can compare potential insurance products.

Every year, more Americans file bankruptcy because of medical debt. Quite often, even those with good coverage find themselves unable to cope economically with the burden of sickness. The American Journal of Medicine reported earlier this year the number of families in debt because of hospital bills is growing quickly. Specifically, the organization’s report cited that 62 percent of all bankruptcies in 2007 were rooted in medical obligations. And that was before the recession’s tentacles were able to fully strangle the country.

Most of those surveyed in the report were college educated and middle class. Here are some more stats:

• Unaffordable bills were directly attributed to 92 percent of medical bankruptcies
• Loss of income due to illness caused 40 percent
• A quarter of all business that provide health insurance benefits cancel them when an employee experiences a serious illness
• An additional 25 percent cancel medical health benefits within a year of onset of an employee’s medical problems

The debate on medical insurance reform is far from over. In fact, it will never end. Today’s measure will ignite an entirely new litany of political diatribes, grandstands, agendas and campaign platforms.

The majority of Republicans are remaining firm on their stance that the bill is an intrusion into the private sector and a government power-grab, arguing also that it will increase the budget deficit and slash a patients’ right to choose how they are covered.

Additionally, with the President’s approval rating far below from where it ballooned just after his election almost a year ago, critics are using the health care bill debate as a pulpit from which to preach about broken promises, expanding government and un-accounted for policy blunders. No doubt the political haggling will slow the bill’s ongoing maturity.

In the end, the bill is about providing American’s with a reasonable shot at being able to financially afford being sick. Sure, there is not much talk about prevention, maintaining personal health or altering the lifestyle habits that contribute to the economic weight of our medical bills. But at least the problem has finally reached its spot in the limelight. And from here, it looks as if the only direction left to go, is up.

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Published Wednesday, December 23, 2009 @ 5:49 pm

Even in these tough economic times, everyone wants their family and friends to have a nice holiday—full of fun, frivolity and festive giving. And, even if you find yourself among the millions considering bankruptcy in the New Year, you may believe, now more than ever, that it’s open [holiday] season to shop for pricey presents using problem credit cards. In fact, many Americans do charge up expensive tabs in the months preceding the Christmas season when anticipating a bankruptcy—hoping to secure some great gifts prior to wiping away these same debts, along with many others, in January or February.

However, it’s never been more important to avoid a holiday spending binge when seeking this fresh financial start. While prudence alone should speak to some of the reasons to avoid abusing bankruptcy for seasonal gains, the Bankruptcy Code itself addresses the issue of this type of credit card debt as well. Section 523(a)(2) exempts from discharge, any debt that was obtained if an individual made material and false representations about his financial condition (i.e. lies on the credit application). Section 523(a)(2)(C) provides that:

1. consumer debts owed to a single creditor and aggregating more than $500 for luxury goods or services (luxury goods defined as goods or services reasonably not necessary for the support or maintenance of the debtor or a dependent of the debtor) incurred by an individual debtor on or within 90 days before the order for relief under this title are presumed to be nondischargeable; and

2. cash advances aggregating more than $750 that are extensions of consumer credit under an open end credit plan obtained by an individual debtor on or within 70 days before the order for relief under this title, are presumed to be nondischargeable;

Section 523(a)(2)(a) excepts from discharge money, property or services incurred by false pretenses, a false representation, or actual fraud (i.e. incurring debt that you knew or should have known that you would not be able to repay).

In layman’s terms, this translates into a stern warning against unnecessary, binge spending in the months leading up to your bankruptcy. As a result, if you do decide to charge up hundreds or thousands of dollars in charges in November or December and then try to discharge that debt in January or February, credit card lenders have three viable arguments they can use to object to discharging your debt in a bankruptcy case. This type of “discharge litigation” not only risks hefty exemptions from your debt relief, but it is also costly to defend, adding more expensive fuel to the insolvency fire.

What can be even more expensive is how these holiday spending sprees can create potential delays in your bankruptcy filing. Often, a bankruptcy attorney will advise clients in the New Year who reveal large Christmas credit card statements, to wait four to six months at a minimum before filing for bankruptcy—during which time you must continue to make regular payments on your new, larger holiday balances.

If you are already in debt, credit card or otherwise, or facing a loss of income, it’s essential to fight the urge to use plastic to purchase that big screen television, new game console, latest toy or anything else you can’t afford. And, if you’re bankruptcy bound, but must spend during this holiday season, as an alternative to credit, try carrying cash, checks or debit cards. As a result of using the money you actually have, you may make more thoughtful purchases and spend less this season, and, in the end, spend less time digging yourself out of post-holiday season debt and its inevitable barriers to bankruptcy.

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Published Sunday, December 20, 2009 @ 2:45 pm

The full extent of the new credit card legislation will not kick in until February 22. And since its announcement, many of us have been experiencing the credit card companies’ efforts to remedy the government action.

For example, card companies are quickly pushing interest rates, doubling minimum payments, sneaking in fees and lowering credit limits, even for cardholders with solid credit histories.

Back in August, the first wave of reform took effect, requiring card issuers to provide additional notice of account changes, such as rate changes or fee hikes. In February, the second wave will impart on card companies the responsibility to limit interest rate increases on current balances. Next summer will see the final phases of the law involving reduced fees.

Truthfully, if you have thought about bankruptcy recently but are holding out hope that these new laws are going to fix your credit card debt problems, we have news for you: you need to call us. And quickly. Your bills are only going to continue to mount and could even get worse. Because the folks on the other side of your Visa, MasterCard and Discover statements still have ways to encourage you to spend and at the very least, know how to continue to make additional money off of your monthly balances.

While the new legislation will prevent credit card companies from jacking your interest rates on an existing balance, they will still be able to raise your rate after a late payment or other form of “agreement violation.” And, they can raise those rates by any amount they deem reasonable. Rest assured, their definition of “reasonable” is not the same as ours.

One of the loopholes in the new legislation (called the CARD act) is that it only addresses existing fees and rules. Card companies can create new fees at will. A representative with www.lowcards.com, a Web site devoted to helping consumers understand credit cards, recently stated, “Theoretically, they could create a fee for names that begin with ‘J.”

Annual fees, online access fees, inactivity charges—you name it, could become familiar numbers at the bottom of your monthly statement. Fifth Third Bank starting using a $19.00 inactivity fee if a card is not used for 12 months and Citibank is implementing fees for some customers who don’t spend more than $2,400 a year.

Credit card issuers will also be doubling minimum balance payments and in some cases, by even more. For a person carrying a $5,000 balance, that payment, typically at 2 percent, could be as much as $250, which amounts to 5 percent of their balance. For many, this could be the scariest component of a card company’s profit strategy, as most cardholders use the minimum payment as a benchmark for staying afloat.

Thankfully, Washington has recognized the practices underway in the credit card industry and proposed, under House Financial Services Committee Chair Barney Frank (who else?), the Consumer Financial Protection Agency. The purpose, among many others to be sure, of this regulatory entity would be to approve credit card fees.

Credit card companies might want to exercise caution as they proceed, however. This is the age of the vocal consumer. Viral ground swells of protest can flow quickly via the Internet, especially through social media pathways. A woman recently posted her disgust with Bank of America’s actions relative to a interest rate hike on YouTube. It resulted in her rate being reduced to its original amount.

Does that give you any ideas?

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Published Sunday, December 20, 2009 @ 12:31 pm

Wouldn’t it be easier sometimes to not have to shop for Christmas? It sure would be nice to just enjoy roasted chestnuts, old music and making popcorn strings.

But this is America, and we like to spend. In fact, many experts note that the holiday season is when many of us start our forays into bankruptcy-inducing debt. Or to put it another way, the credit card companies love December.

There is no question that the commercial aspect surrounding the holidays make it exceptionally difficult to not get caught up in the haze of bargain-basement BluRay players and trendy wind-up hamsters. It seems every year the gift list grows by a few more folks. New nieces and nephews, a step-son or two maybe.

If debt is already making you worry about having to pay for holiday presents, don’t be afraid to speak up. The holidays should be fun, not stressful. You may be surprised at just how many of your family members feel the same way about gift buying that you do.

So, have you wondered how much you could save by not buying gifts this year? Well, thankfully the people at Forbes.com put together a brief rundown of how you could probably better spend your debt-earned cash this year.

While spending is expected to be down this year, it will not match the 30 percent decline that happened between 2007 and 2008. According to Forbes, in 2008 we spent:

• $431 on family members
• $119.82 on ourselves
• $94.52 on friends
• $26.70 on co-workers
• $43.50 on miscellaneous items

Grand total? $750.68. Surely that’s money better spent on a Visa balance.

If you wanted to take the anti-holiday spending project to another degree, you could choose to not buy a Christmas tree this year, too. That will net you another $41.50 in savings. Understand, that is only the national average. Every corner stand in the Triangle has several $100.00 fir trees. Figure about $10 per foot.

Since Thanksgiving doesn’t teach us anything about gluttony, despite how loudly we declare to never eat another bite, the subsequent holiday parties and cookie tins continually take their toll. Especially on our checking accounts. An organization called Information Resource, Inc. conducted a poll that found 94 percent of Americans plan to limit spending on holiday food to under $500.00. For beer, wine and liquor, the results showed that 90 percent of us only plan on spending $200.00.

Hate traveling during the holidays? Who doesn’t? a 2008 Maritz poll found that people who make between $35,000-$250,000 a year will average $960.50 on holiday travel. That’s hard to even think about. Try Skype and a Web cam this year. You’re not exchanging gifts anyway, right?

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Published Monday, December 14, 2009 @ 6:00 pm

With millions facing foreclosure, job losses or salary cuts, mounting credit card and medical bills, and other tenuous financial situations during what seems like an unending economic downturn, more and more Americans are considering payday loans as a way to keep their heads above water.  In an earlier post, entitled Pass on the Payday Loans this Holiday Season, we explored why this trend is far from financially desirable over the long term, often leading to payday borrowers becoming slaves to an endless cycle of insurmountable interest, perpetual payments, and, in some situations, leaving many Americans vulnerable to collections actions, judgments, wage garnishments and bankruptcy.

But what if you’re already drowning in payday loan debt? How can you avoid any or all of the above?

One way to escape the cycle of payday loans is a payday loan settlement.  When attempting to negotiate a settlement, your due diligence and research prior to contacting your payday lenders to settle could prove very rewarding.

Here are your best, first steps.

Lining Up Your Lenders
Payday loan settlements are largely a matter of negotiations among you, as borrower, and your lender or lenders.  As a result, whether you’re planning to pay down a couple of payday loans or a couple of dozens, it’s important to “line up your lenders”—writing down all payday loans you have, separated, if necessary, into two primary categories: Internet loans and those received from actual payday lending stores.  For each lender, also account for the amount borrowed and the total amount already paid back, including interest, fees, and any other relevant lending charges. Because online and brick-and-mortar lenders are regulated differently, separating each into these sections will allow you to more easily take the next step in the settlement process: maximizing the effect of your state’s payday lending laws.

Learning Your State Licensing Laws
The next step for a successful payday loan settlement is to verify whether your state’s laws require online payday loan companies to be licensed in your home state or whether they accept another jurisdiction’s licensing standards.  About half of states, as well as the District of Columbia, have passed industry-backed laws specifically authorizing payday lending.  These laws generally require either licensing or registration.  Some specify maximum loan terms and/or amounts.  In order to get this information, check either Internet payday loan state laws or Payday Loan Consumer Information.  This verification of registration and licensure is especially important in the event your payday loans are Internet-based.  Since the large majority of online payday lenders are not licensed anywhere in the country, a licensure requirement in your state of residence gives you a starting point to negotiate the validity and settlement of your debt.

Knowing Your Limits (and Theirs)
Feel like you’ve been paying too much for your payday loans?  Well, your state may agree.  In fact, if payday lenders violate state lending limits, you may have another vantage point from which to begin settling your loans.  Begin by verifying the laws in your state regarding whether rollovers are permitted at either type of duly-licensed payday lender, as well as the maximum allowable interest, fees and loan amount allowed for each.

Settling with CFSA Members
The Community Financial Services Association of America (CFSA) is dedicated to promoting responsible regulation of payday lenders.  Participating members are required to set up payment plans for borrowers drowning in their debt.  In order to get any type of loan settlement with a CFSA member, you must first file a request to settle before you default on your debt, allowing you a means to rearrange your payday loans in a way that can not only help you discharge them but also pave the way to a better financial future.

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Published Saturday, December 12, 2009 @ 7:51 pm

Most of us never see the writing on the wall until conditions have gotten way beyond any conceivable point of return. We never realize how much weight we have gained until our baggy pants are no longer baggy. We also do not realize how fast and far we have managed to get ourselves into debt.

That mocha latte at Starbucks on the way to work adds up over time. The occasional muffin every other trip does too. A few new DVDs and CDs for your collection can’t hurt, right? When you buy a two or three of each a month they do; especially if you buy Blu-ray! Running down to the deli for lunch tends to add up as well. It’s nice to be able to give people nice gifts too; the look on their face can make it all worth it. In time, the lattes, muffins, and everything else tends to add up. Without knowing it people tend to spend a lot more than they realize.

So you like to live it up a little? You work hard; you deserve to play! Can’t be doing too much damage if you are making all your credit card, house, and car payments, right? That could not be further from the truth. Recent mortgages tend to have people pay heavily on the interest at first. So all that time you think you are building equity you really aren’t. As vehicles become more reliable they are starting to cost more, too. With dealerships willing to approve almost anyone (some at more extravagant terms than others) it can be real tempting to get a really nice new ride to go along with your new job.

Credit cards tend to really kill people. If you pay off the balance each month than your okay and don’t really need to be reading this blog. However, if you are like most of you tend to run a balance each month. Chances are you have a few credit cards that you do that with. It doesn’t take long for the interest and fees to add up on most credit cards. Before you know it those four dollar lattes and ten dollar CDs are costing much more than you paid.

Most people tend to believe that just because they are making their bills that they are doing okay. What they fail to realize is that just making the payment is the beginning of the end of your financial security. What if your car breaks down? What if you need surgery? What if you lose your job? Just paying the bills each month is a surefire way to leave you open to future financial difficulties.

If you’re struggling to keep your head above water and are starting to feel the pinch, it may be time to sit down with a bankruptcy attorney. The Law Offices of John T. Orcutt offer a free initial debt consultation. Call today to learn about your options. Don’t wait until it’s too late.

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Published Friday, December 11, 2009 @ 9:15 am

‘Tis the season for holiday shopping, seasonal spending, and, for some, a reliance on payday lenders to take care of both. In fact, with more Americans stuck at the lower end of the income spectrum due to the economic recession’s trademark job losses, lingering unemployment or other reductions in salary, many are forced to rely regularly on consumer credit to pay for their everyday bills, goods and services.  As a result, payday lending has become a fast-growing financial industry throughout the recession, providing these types of lenders with new, low risk opportunities at the [literal] expense of unwary borrowers who will avoid defaulting on this type debt at all costs—just so they can keep this credit in the an uncertain economic environment. But, borrowers beware. As payday lenders thrive, people falling prey to the endless payday lending cycle are struggling to simply keep up…and for a variety of simple reasons.

Going for Payday Loans Means Going for Broke
Most experts agree, even in a financial meltdown, the fastest way to go broke is through payday loans. Now, if you’re like many Americans, you may be facing the economic crisis head-on, and whether that looks like a missed mortgage payment or hovering health care costs, a payday loan might seem like an easy way to weather the storm. But the opposite is true and the reason is simple: exorbitant interest. With interest rates equaling as much as 400%, payday loans are a recipe for disaster, leaving desperate borrowers unable to repay.

To illustrate, let’s imagine you’ve borrowed $800 from a payday lender in order to pay this month’s mortgage payment as scheduled. A payday lender might then charge you $140 for this $800 loan, due on your subsequent payday. As a result, you now owe $940 (the interest plus the principal) to be paid back in a matter of weeks. If you only pay the interest on this initial loan, as most low income people just trying to keep their heads above the financial tide normally do, over the course of three months, you then owe your payday lender $420—in interest alone.

Pay Day Loans Make You a Slave to the Payday System
Payday lenders are smart. They want you coming back each and every month and therefore prey particularly on less affluent borrowers who can’t or won’t pay off their debts over the short term.  As mentioned, not paying off your loans in full means paying excessive interest for a longer period; and shelling out hundreds in interest over a short period doesn’t leave much room for savings to pay your principal (plus whatever interest has accrued) and break from the payday cycle. No savings, living paycheck to paycheck, with massive interest payments to boot, leads many borrowers down a road to financial ruin.

Payday Loans Can Pave the Way to Bankruptcy
In fact, payday loans can lead directly to bankruptcy. Like any creditors swarming their unpaid debt, delinquent payday loans lead to harassment from payday lenders. Borrowers who use payday loans are particularly susceptible to these types of actions when they find themselves unable to repay. Luckily, North Carolina has outlawed storefront payday lenders. However, internet payday lending continues to be a persistent problem, with some North Carolinians having multiple internet accounts, each directly drafting from the consumer’s checking account.

If you’ve already fallen victim to a payday lending scheme, an experienced bankruptcy attorney can end your cycle of endless spending. To get the big picture on how bankruptcy works and how the laws in North Carolina can help you, speak with an attorney at the The Law Offices of John T. Orcutt.

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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.

With department stores facing tough financial times, they’re depending on customers just like you to buy more and more during the traditionally consumer-driven holiday season. Normally, these retailers could simply sit back and enjoy your seasonal spending. But, with Americans facing the same economic struggles as stores during this shopping season, and threats of falling spending and paltry sales during a continuing recession, retailers are now going out of their way to provide attractive deals at point of sale that will likely carry over as profits (for them) long after this holiday season has ended.

And here’s how.

Consumers, struggling with holiday purchasing expectations amid an economic downturn are essentially drawn in to what they perceive as a “no strings attached” way to instantly save 10 percent: an equally instant store credit card.  However, retailers also make money on even this initial exchange, earning the retail margin—from cents to dollars—in each of these beginning buys. In addition, stores can make money on the “back end” if they themselves also finance your transaction.

But the retail rip-off doesn’t end there. Even for consumers with excellent credit scores, store credit cards carry exorbitant fees, interest rates and finance charges, most over 20%. Not only do these charges begin the moment you make your initial purchase using the store card, but if you don’t happen to pay the entire balance after the first bill, much less if you make future transactions using their plastic, you may continue to carry the debt—and the charges—signifying more cash for retailers and more debts for you to carry.  Because it’s now in the retailers best interest to have you keep a balance and not pay off your debt, they may also snag your e-mail with the initial card offer, creating a cycle of sending you more deals for any card purchase—all deals, coincidentally, that are less in value than any of the ever-expensive card fees and charges you’ll be paying.

To add insult to injury, a retail card agreement may also contain a security interest, attached to any items that you purchase from their store. As a result, if you face unexpected expenses or losses in your budget, and ultimately don’t pay your retail card debts in a timely manner, the purchased items can legally be repossessed. Meaning you lose-lose situation, no matter how you pay their way.

As a result, it’s important to see this retail trick as just that, fooling you into falling for the quick savings: an emotional and euphoric point of sale offer that is short on details and financing specifics, giving you little time to read the fine print, and that the store knows will ultimately mean more debt for you and a better bottom line for them.

As an alternative, ask yourself: “would I like to save my financial future in spite of this purchase today?” To do so, plan ahead, budgeting your holiday buys before you even enter into the temptations of the retail environment. Then, instead of using personal credit cards or “pie-in-the-sky” retail plastic, carry cash, checks or debit cards this holiday season. As a result of using the money you actually have, you may make more thoughtful purchases and spend less this season, and, in the end, spend less time digging yourself out of post-holiday season debt.

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Published Saturday, December 5, 2009 @ 3:10 pm

For far too many people in North Carolina, and the country, job loss has been the primary driver of excessive debt. Even those who spend wisely and are conservative with credit can quickly feel the impact of being laid off. Three months of savings may help. But only for three months.

If you are one of the millions of Americans reluctantly contributing to the unemployment rate, it may seem like things are never going to get better. Looking for a job can be a mentally tiring and frustrating endeavor. And if you are facing the additional pressure of mounting debt from credit cards, a mortgage and maybe a couple of car payments, it can be hard to sleep at night. Well hopefully, recent news about positive job growth will help you get some rest. Or not.

According to reports, the number of jobs lost in the month of November has decreased. Payroll processing company ADP stated that companies only cut 169,000 jobs, which signifies the eight consecutive month in which cuts have been less than the previous 30 days.

Employment experts are hopeful that the coming months will continue the trend, but the overall drag on the economy caused by cumulative job losses will continue until 2014. The benchmark for “full employment” is an unemployment rate of 5 percent or less. Given our current conditions, achieving that number looks like a tall order.

We at “Bankruptcy & Your Passage into and out of Debt” do not pretend to be experts on the macro-economic conditions that impact employment, gross domestic product or the price of barley in Argentina. What we are experts on is how bankruptcy can help you. And, for a lot of readers who are out of work, in debt and frozen in financial stress, we understand how reports like this can be frustrating. Minimal positive blips on the job growth radar screen don’t help you navigate a way out of the financial abyss. Without sugar-coating it, we believe this remains a difficult economy in which to make a living.

Compounding the loss of a paycheck for someone out of work is the loss of medical insurance, or at least your ability to afford it. Medical debt is a very large cause of bankruptcy in our country and today’s work conditions are only making it ever more prominent.

In total, companies let go of 1.24 million jobs in 2009, which is almost 18 percent more than in 2008. So what kind of positive should you take from that? We’re not sure, to be honest. That’s what makes employment figures so darn frustrating. While the rate at which jobs are being cut has diminished, the rate of hiring has not increased, suggesting that many jobs simply will not be replaced. This should not be a surprise to anyone, really, given the beyond reasonable rate at which many companies expanded in the last five years.

Truthfully, job reports are becoming ineffective in their ability to communicate any real data to the economic growth equation. In the end, the preservation of one’s economic well-being needs to become insular, self-focused. If bankruptcy is your best option, then ignore the stats and stigmas and screwy metrics. Do what is right for yourself and your family. There is no better barometer for health of the job market than your own situation. You need to act when the time is right for you.

If you’re struggling to keep your head above water, bankruptcy can be just the lifeline you need. Contact the Law Offices of John T. Orcutt today to discuss your options. Call 1-800-899-1414 to discuss your options.

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Published Wednesday, December 2, 2009 @ 4:07 pm

Are medical bills and health care costs making you sick? Join the crowd.

A recent study from the Commonwealth Fund found nearly two-thirds of American adults—an estimated 116 million people—are buckling under the weight of medical bills, going without much-needed care because of cost, are uninsured for a time, or remain underinsured.

As a result, more adults are not only experiencing cost-related delays in getting needed care, but are also struggling to pay unexpected or accumulating medical bills. Currently, forty-one percent of working-age adults, or 72 million people, reported a problem paying their medical bills or had accrued medical debt, up from 34 percent (58 million) in 2005.

Medical debt can take the wind out of anyone’s financial sails. And unfortunately, horror stories are common. Take for example a recent story regaled from the Austin-American Statesman of woman who reconnected with an old high school flame in middle age only to lose him to liver disease a short time later. Struggling to pay his medical bills, she eventually filed for bankruptcy, but not before she lost her home.

Medical bills are a leading cause of financial stress in this country; exacerbated by the fact that most people wait too long before they get help taking a serious inventory of their financial picture. In some cases you can restructure or even settle medical debt before it means losing your savings, your home and a hefty chunk of your financial viability; but you should move fast.

Once your medical bills go to a debt collection agency its much more difficult to negotiate a settlement. If you see that your medical bills are causing you to fall behind on payments for essentials like housing, food and emergency savings, it’s time to seek help from a professional debt counselor.

However, sometimes restructuring or settling medical debt can have a deleterious effect on debtor credit scores, also affecting your ability to obtain home loans or credit cards. An article in the Dallas Morning News shared the story of a man who suffered a heart attack during a lapse in his health insurance. Because of a gap in his insurance, the 59-year-old was hit with medical bills totaling more than $140,000—all of which went to collections when the man could not afford to pay. Eventually, the man was able to pay off his medical debt when the hospital reduced the bill; however, the medical debt’s impact on his credit remained. He paid his debt and his credit score still dropped significantly. Today, he’s having difficulty refinancing his home and is still on the hook for his surgery.

Might bankruptcy have been the better option? Possibly. With millions of Americans suffering from medical debt, much of that debt has gone to collections. Collections action on medical debt remains on a consumer’s credit report for 7 years and many lenders consider the medical debt when determining the consumer’s creditworthiness. And unlike the man from the previous story, most consumers are simply unable to repay medical debt as well as their other mounting financial obligations.

Bankruptcy has the effect of wiping out the obligations to repay unsecured debt, including medical debt, giving the debtor an opportunity for a stress-free financial fresh start. As an added bonus, a creditor might be more willing to lend to a debtor who have discharged his debt obligations in bankruptcy than to a debtor who is still obligated to pay thousands towards medical debt obligations.

For more information regarding the benefits of bankruptcy, visit The Law Offices of John T. Orcutt online.

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Published Tuesday, December 1, 2009 @ 7:35 am

Exacerbated by the recent recession, self-employed or small business owners everywhere are facing fewer credit options, high health care costs, and lagging consumer spending. Those struggling to stay afloat in these tough financial times must ask themselves even tougher questions. Do I have the motivation to continue my business? Could the business prosper if it wasn’t keeping up with old debts? Could my business persevere if it shed equipment, employees or space? Could I sell my business? Could I start another business if I did sell?

If after answering these questions you find you are no longer able to sustain or expand your business in your current financial situation, filing for bankruptcy may be your best bet.

For those business people who no longer have the time, energy or drive to continue their business interests in their current capacity, Chapter 7 bankruptcy liquidates business assets to repay looming debts. A court-appointed agent will sell these assets and pay the proceeds to creditors; beginning with secured creditors first, followed by any unsecured creditors. While this type of bankruptcy normally leads to the demise of the business, it, in turn, provides a quick resolution for individuals and a dependable dissolution for partnerships and corporations.

In the alternative, for business owners seeking solutions to the very problems that led to bankruptcy, Chapter 11 allows for a much-needed financial reorganization. Following a Chapter 11 filing, the court appoints a conservator who, like the agent in the previous example, oversees the business assets to best pay off creditors, while still keeping the business afloat. In short, Chapter 11 stops creditors, allowing the court-appointed conservator to reorganize and optimize business finances for a better future.

The best part for self-employed and small business owners filing Chapter 11 is that they can legally continue operating their business and earning an income as a “debtor in possession,” receiving the benefits of “automatic stay” protection. Debtors in possession are protected from creditor actions such as lawsuits and asset seizures, even if a creditor obtained a judgment before the bankruptcy filing. An added benefit of filing bankruptcy as a debtor in possession is that bankruptcy law allows you to take out more loans that take precedence over all other creditors.

Conversely, like businesspeople filing for Chapter 7, Chapter 11 debtors in possession are bound by specific bankruptcy rules and restrictions, including prohibitions on using encumbered assets as collateral and selling assets without the approval of interested creditors. As a result, the best move a bankruptcy bound small business owner can make is to consult an experienced bankruptcy attorney who specializes in representing small business owners.

While a bankruptcy for your business is sometimes advisable, many small business owners don’t have any assets left and don’t intend to continue the business, or intend to continue under a different name. If so, it may make more sense to simply let the corporation die on its own without a bankruptcy. However, if you’re like most small business owners, you have probably personally guaranteed most, if not all, of your business debt. While a business bankruptcy will effectively hold off creditors from getting to your business, those same creditors can choose to pursue you personally. Whether you are dissolving the business or continuing on, its important to pull your credit report to determine how much of your debt has been personally guaranteed. Your attorney can then advise you how a personal bankruptcy can save you and your family from your business creditors.

Skilled bankruptcy attorneys like those at The Law Offices of John T. Orcutt can get to work early, navigate any uncertain waters of bankruptcy court and work in your best interests during the duration of your business and/or personal bankruptcy. In North Carolina, call 1-800-899-1414 to discuss your situation today. Always a free initial consultation.

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Published Monday, November 30, 2009 @ 11:03 am

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

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

This was not a woman who took advantage of a bank’s leniency to run up material goods charges she had no intention of repaying. This was an entrepreneur who didn’t see the recession coming, just as surprised as the thousands of highly paid, well-educated financial experts who worked in the heart of Wall Street every day.

A new study recently published proves bankruptcy is ultimately the domain of the middle-class. The study, completed by two Harvard professors and one from Ohio University, states that even before the current downturn, those who have had to file bankruptcy are largely college educated and own homes.

A book to be published based on the report cites that in every month in 2007, 100,000 middle-class families filed bankruptcy. And, those families were financially more troubled than those who filed in 2001.

Washington is just now recognizing the trend, as the head of the TARP program (which administered and manages bailout money), Elizabeth Warren (one of the Harvard professors behind the report) stated. “The bankruptcy filings are a warning about the risks now facing middle-class Americans. No longer can they count on a college education, a good job and home ownership to protect them from financial collapse.”Warren also pointed out that time honored strategies for wealth-building are no longer holding up. Home ownership, steady investing and the support of a college degree are not enough to guarantee financial stability.

Now that the real estate market has demonstrated volatility few realized was possible, a once relied-upon nest egg is often crushed under the weight of a falling market. Add in something like a sudden medical emergency–even if insured–and few people would be able to handle the economic burden.

A couple in Long Island, for example, used equity in a home they owned for 29 years to take care of some mounting financial issues. Health problems soon emerged and work hours were cut back. Diane Spano had to have a kidney transplant and soon after lost her job because the drug treatment center where she worked closed. Her husband, with a back problem, was down to minimal hours at a local post office. Soon after taking out a home equity loan to keep them afloat, they realized the additional monthly expense was just too much. They filed for Chapter 7 bankruptcy to find the help they needed. Both of them were 66-years-old.

We discuss the stigmas of bankruptcy because all too often, we realize that they become primary reasons why people hesitate to file. “What will our friends and family think? Are we failures?” No, your not. And chances are, they’re in the same boat. But you’re smart enough to not let it sink.

If you are in North Carolina, contact the Law Offices of John T. Orcutt today for a free initial debt consultation. We know every client’s situation is unique and we will take the time to carefully address all of your bankruptcy concerns. Call today. 1-800-899-1414.

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Published Wednesday, November 25, 2009 @ 12:12 pm

Should you try to modify your mortgage before filing for bankruptcy? Bankruptcy will stop foreclosure proceedings; a Chapter 13 bankruptcy will allow you to keep your home, and to develop a payment plan to meet your back payment obligations. But it won’t necessarily lower your monthly mortgage payments. Is it worth it to try to modify your mortgage and secure lower payments first?

The evidence is mounting that it’s probably not worth your effort. A recent report shows that although 362,348 loans have been approved for “trial” modifications, only 1,711 of those trial modifications have been made permanent. Assuming you can even get over the first hurdle of being approved for a trial modification, you’re likely to get stuck in “trial mod limbo”. Depending on your lender’s mood on any given day, you could at any point be dropped from your trial modification, worse off than where you started.

But isn’t the program backed by the government It’s true, the government had high hopes for the Making Home Affordable program, designed to help homeowners who are having trouble making their payments. However, mortgage companies have dragged their feet over it; they make more money off fees when a house goes into foreclosure than they do modifying a mortgage. The government may well say you qualify for MHA, and your lender simply refuses to go along.

Faced with a recalcitrant lender, you might turn to foreclosure consultants. While there are legitimate consultants, be wary of scams. Many consultants will simply charge you a fee and never even bother to contact your lender!

You also have to consider whether or not changing the terms of your loan is in your best interest. For example, you may be qualified to refinance under the Hope for Homeowners program (H4H). However, H4H requires upfront fees and additional mortgage insurance; later, when you sell or refinance your house, you will be required to share between 50 and 100 % of the proceeds with the government.

Some lenders might agree to roll your loan into a 40-year fixed mortgage. In this case, you’d pay less per month, but for a much longer period of time. Depending on your loan amount, the additional money could be tens or even hundreds of thousands of dollars. Plus, of course, you will have payments for an extra 10 years, and less equity in the home if you sell before that. Will the difference in monthly payments make that additional debt worth it? It depends on your circumstances, of course, but possibly not. Remember, once you file for Chapter 13, much or all of your unsecured debt may be erased, freeing up more of your income for your mortgage payment.

The earlier you file for Chapter 13 bankruptcy, the more likely you are to save your home. If foreclosure proceedings have advanced enough prior to your filing, you may not be able to afford the Chapter 13 payment that is required to catch you up. If you’re starting to get behind, call a bankruptcy attorney today.

While modification is still receiving a lot of hype in the press, it’s becoming clear that it’s all just hype. . The best way to sort through these options is with the help of a professional bankruptcy attorney. It doesn’t make sense to spend weeks trying to modify your loan, only to find out it resulted in filing for bankruptcy too late.

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Published Tuesday, November 24, 2009 @ 8:40 am

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

Yes, your credit rating will take a hit. Yes, your interest rates will be a bit higher than the norm for a few years, but you are not in a credit purgatory. Once you have filed, you will find that there will be ample opportunity for you to rebuild your credit rating. Do not be surprised if you are flooded with credit card companies offering to help you rebuild your credit. Car dealerships will jump on this bandwagon as well wanting to give you a loan regardless of the fact that you just went through bankruptcy proceedings.

They do so not out of the kindness of their hearts, but out of the greed in them instead. Car dealerships and credit card companies know full well that you have no other option than to take the outrage offer they give you in order to rebuild. You need them; they do not need you. They take advantage of this by hiking up the interest rates and killing you with annual fees.

It can be tempting here to fall back into old habits. If you have yet to get back on solid financial ground than you would probably be better off doing nothing. It takes activity to rebuild your credit rating, but at least you are not doing anymore damage. If you have student loans that are as yet unpaid either start or continue making those payments once your case is discharged. Making installment payments like with a student loan can help rebuild your credit as well.

Bankruptcy is a scary option to consider when you have already been undergoing some tough financial times. The stigma that it carries is enough to keep some people from filing. For others it is the perceived damage that will be incurred on their credit rating. What they fail to realize is that the damage has already been done. Filing bankruptcy cannot do much more than the last year or years of lackluster financial mismanagement have already done.

In fact, bankruptcy will actually be the first step in getting your credit rating back where it needs to be.

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Published Monday, November 23, 2009 @ 6:49 pm

The Associated Press is reporting that the foreclosure crisis will persist well into next year as high unemployment “pushes more people out of homes, pulls down housing prices and raises concerns about the broader economic recovery.”

The latest evidence comes this week in a report from the Mortgage Bankers Association identifying that a rising tide of fixed-rate home loans made to people with good credit are now facing foreclosure, marking a surprising shift from assumptions that only riskier subprime loans are driving the current housing crisis. The report also stated that 14 percent of homeowners with a mortgage were either late on payments or in foreclosure at the end of September 2009, marking another record-high for the ninth straight quarter.

These findings speak to an even more beleaguered housing market than previously thought, bearing the weight of even more home-loan defaults. The main culprit, industry experts say, is rising unemployment, forcing even the most responsible homeowners to fall behind on their mortgages.

As the AP found, many laid-off homeowners might be able to survive on their savings for a while, but “the longer the economic situation stays in place, the less likely they are to hold on,” said Jay Brinkmann, chief economist at the Mortgage Bankers Association.

As Robert L. Borosage, Co-Director of the Campaign for America’s Future, blogged this week, “[o]ne in six workers is unemployed, has given up looking or is forced to work part-time. For young workers aged 16 to 24, unemployment is 19%. For young African Americans, unemployment is at 30%. And as Federal Reserve Chair Ben Bernanke testified yesterday, we’re likely to see — at best — a slow recovery with no new job growth. That exacts a devastating toll in hopes crushed, families stressed, young people stalled, and poverty and hunger spreading.And even if we avoid another downturn, the job picture will get worse. Crippling state deficits — over $260 billion over 2 years — will force layoffs that cost an estimated 900,000 jobs next year if nothing is done.”

As a direct result of this explosion of job losses, this year, more than 3 million foreclosures are predicted, as homeowners are increasingly incapable of paying the mortgage during a brutal recession. As the financial meltdown continues and unemployment surges, the millions that have now slipped into delinquency and foreclosure with only one conceivable way out: bankruptcy.

Homeowners with prime and sub-prime mortgages alike are taking immediate action, arming themselves with basic bankruptcy tools. So, if you’re interested in staying in your home, looking for permanent solutions to foreclosure threats, and ready to quit spending and start saving, there’s never been a better time to consult with a bankruptcy expert. For more information regarding homeowner benefits of bankruptcy filing, visit The Law Offices of John T. Orcutt’s “Things to See and Hear” information.

While recent reports of the nation’s financial future are nothing short of bleak, the good news remains that through bankruptcy laws, homeowners facing foreclosure can take their future into their own hands, stop drowning in mortgage debt, and begin on the road to a more viable financial future.

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Published Wednesday, November 11, 2009 @ 8:49 am

You’ve seen the ads: a circus act of food court commodities are passed around by a mash-up of merchants to the frenetic marching music of patrons efficiently paying for their delicious delicacies with their handy-dandy Visa cards. Like a well-oiled, money-sharing machine, these well-choreographed consumers pay conveniently with a single swipe of credit, serving up little wait in their collective go-go-gadget gaits and emphasizing, with every single swipe, the efficiency and speed of making everyday purchases with a Visa check card over cash or checks. This plastic parade ends abruptly when a lone cash-carrier has the audacity to pull out his greenbacks for one show (and music) stopping dark ages transaction. The record scratches. The cashier looks cranky. And the message is clear: in a world where plastic rules, only a party pooper pays with cash.

More and more, life does take Visa. And Mastercard. And Discovery. And a whole host of other plastic pinch hitters ready to step up to bat when your bank account can’t. This point is not lost on more and more savvy small purchase institutions and organizations. From cabbies to Salvation Army kettles, more and more businesses are getting into the single swipe game, and whether it’s because of convenience or economic circumstances, Americans are taking the bait, at the expense of low credit card balances.

And for those Salvation Army kettles at least, these results are certainly panning out: national Salvation Army surveys show that people give more when they are allowed to donate with credit, sharing 750 percent more when paying with a card.

The science of our single swipe economy supports this trend. Following an examination of the brain and how people feel when they spend, Carnegie Mellon University professor George Loewenstein hypothesized that credit cards take away the pain of spending. From an article summing up Loewenstein’s work in Carnegie Mellon Today it was found that:

“[T]here’s a battle in the brain between immediate pleasure and immediate pain when we’re deciding what to buy. … The subjects in the MRI study weren’t thinking about what benefits they would gain at some later date if they chose not to purchase The Family Guy DVD set now. Rather, they were deciding based on how painful (or not) they thought paying for it would be right now.”

Combining the “feel-good” factor of plastic, the financially-strapped consumer population, and wide-acceptance of credit for cash, this looks like a recipe ripe for a consumer crisis that plays right into the hands of the credit card companies. So what should you do?

Try carrying cash-only.
Foregoing your credit cards for cash and carry—even for a few days—can make a huge impact in the psychology of your spending—bringing back the pain (and the gain) of using only what you have. While we remain disconnected from our spending with plastic, cash-only provides the necessary perspective that leads to healthy budgeting and better buying judgment.

Make room for fewer cards with lower limits.
When you do carry credit, only keep what you need for well-thought-out purchases and emergencies. With fewer cards and lower limits, you’ll rely more on cash, which could help head off budget-breaking impulse buys.

Plan through the pain
If the pain of past spending on plastic is getting you down, Chapter 7 bankruptcy is an option designed to quickly clear credit card debt. Click here for more information about how the bankruptcy experts at The Law Office of John T. Orcutt can help you out of your own personal credit crisis.

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Published Tuesday, November 10, 2009 @ 11:16 am

The number of people filing bankruptcy due to medical bills has been rising every year. A recent study in the American Journal of Medicine shows that more than 62% of people filing for bankruptcy do so at least partly because of medical bills they can’t pay. Many filers have insurance – often they’ve ‘capped out’ their insurance and the insurance company refuses to pay any more bills, leaving them tens or even hundreds of thousands of dollars in debt. In other cases, illness has forced people to lose or leave their jobs, meaning that not only do they have no money coming in to pay their bills, but their insurance coverage has often lapsed as well.

A bill recently introduced in Congress – by Carol Shea-Porter (D-NH) in the House and Sheldon Whitehouse (D-RI) in the Senate – hopes to make filing bankruptcy easier for people in this situation. People who owed either 10% of their income or $10,000, or who had been out of work for more than 4 weeks in the last year due to illness, would qualify as medical debtors. The bill would exempt these filers from the requirement to take credit counseling. More importantly, they would no longer be subject to the means test – all medical debtors would be allowed to file Chapter 7. And the homestead exemption – the amount of equity they could keep in their home after filing bankruptcy – would rise to $250,000 for medical debtors.

Will the Medical Fairness Act pass? It’s hard to say. To some extent, the debate seems to be falling along the same lines as the general health care debate: democrats for, republicans against. At a recent hearing in the Senate, Whitehouse brought in a number of debtors to make the emotional point that they lost everything, including in many cases their homes, due to unavoidable medical bills. Kerry Burns told the tragic story of her son, who died at the age of 4 after a long struggle with cystic fibrosis. She and her husband both took leaves from their jobs. They cashed in their 401K accounts, spent every penny in their bank accounts and had insurance– and all that wasn’t enough to pay their son’s medical bills, which came to over five million dollars.

Republican opponents, particularly Sen. Jeff Sessions (R-AL), seemed unmoved. Sessions seemed more concerned with the plight of the credit card companies, who will likely lose money if more people file Chapter 7. Sessions worried that people would qualify as medical debtors when the ‘real’ reason for their bankruptcy was due to overspending on their credit cards. He called experts who claimed that the study was flawed and the real role of medical bills in bankruptcy is much smaller. Others rebutted both arguments, pointing out that the number of medical debtors may be greater than the study shows, as many people put medical bills on their credit cards.

The Democrats have the votes in both the House and the Senate to pass this bill. But the credit card companies and the medical industrial complex spend an enormous amount of money on lobbyists to protect their interests. The Medical Bankruptcy Fairness Act is a common sense relief for people who’ve incurred enormous bills simply due to their medical problems. Whether or not it passes says more about politics than policy.

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Published Thursday, October 15, 2009 @ 6:06 am

Getting a pay day loan can be ever so tempting. You think to yourself, I only need a “bridge” until my next paycheck; this is a “short term” solution for a “short term” problem; this is an easy “fix”; I can get help without going through the humiliation of a credit check I’m bound to fail. These are the kinds of messages pay day loan companies relay in their advertising, which also goes a long way to generate the impression in you that these companies–unlike the large, impersonal banks who don’t seem to want your business–are run by people who just want to help you. Don’t fall for it–sometimes nostalgia is for the birds!

If you find yourself constantly relying on payday loans, your financial strategies need a drastic makeover―fast. There is no better example of throwing good money after bad; the first loan transaction with a payday loan company is a huge rip off, and every subsequent one is more of the same.

Payday loans rake in a lot of money even though they are lending to high risk customers. So how do payday loan companies make their money anyway? By counting on you to roll over that loan. The company knows, perhaps better than you, what is likely to happen. You are in financial trouble, obviously. You are short on cash, or you wouldn’t have requested the loan in the first place. So what’s going to change in your financial circumstances between now and your next paycheck? Probably nothing. The only difference will be that part of that paycheck will be gone before you get it. Chances are all too good that soon–even as soon as the very next paycheck–you will need to rely once more on a payday loan. Where does it end?

Let’s look at the math. Say something comes up and you unexpectedly need about $500. You can usually spare about $200 out of your paycheck for incidental expenses, so that leaves you with $300 to make up. So you decide you will borrow the $300. You go to a payday loan store and they ask you for a check, postdated for the date of your next paycheck, for $345. This means you are paying 15% interest for a loan that lasts two weeks, or in other words, the equivalent of a 391% APR! This is bad enough, but you’re probably thinking it’s a one time deal. The problem is that your next paycheck arrives, your expenses are the same as they ever where, only now you have a shortfall of $345. Remember in the original example you only had $200 to spare, so where does that extra $145 come from? Most probably another pay day loan.

Luckily for residents of North Carolina, pay day loan companies formerly operating in the state were shut down thanks to the efforts of the state’s Department of Justice. Now “alternative” lenders must operate under state rules, or look to other states for vulnerable customers. However, the danger is still present. Online payday lenders are increasingly available, and can suck your finances dry before you know it. If you are even considering a payday loan or payday advance, filing for bankruptcy protection may be a better option–a lasting, transformative step that can truly form that bridge between the problems of today and the financial security of your future.

In North Carolina, contact the Law Offices of John T. Orcutt and get debt free today. Call 1-800-899-1414 today or visit www.billsbills.com for more information.

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Published Sunday, October 11, 2009 @ 10:09 pm

We can’t stress enough the value of bankruptcy for those who truly need it. Hey, it’s no secret that our business is to help people correctly file and emerge from bankruptcy with a more positive approach to their finances. The truth is that without dependable legal assistance, many Americans would face a very difficult and extremely creditor-centric bankruptcy process.

Need evidence? Just look at 2005’s Bankruptcy Abuse Prevention and Consumer Protection Act, which was conceptualized and heavily backed by the lending industry to ensure they re-gained an upper hand in bankruptcy court. Despite the prevalence of consumer debt problems, compounded by a faltering economy, many Americans operate under several misconceptions about bankruptcy that can often prevent or at least delay the decision to file. So let’s clear up a few things.

First off, bankruptcy is by no means a haven for unmotivated, blameless folks who simply don’t want to pay their bills anymore. Please.

No one hopes to lose their job. No one plans on having their multi-billion global employer (which provides a healthy, well-deserved salary) make shoddy investments and lay-off thousands of employees within weeks. Today’s bankruptcy cases span all levels of income and “social status” and often stem from factors beyond the control of those who need to exercise its benefits.

More over, medical debt has driven a large portion of today’s bankruptcies. How is being suddenly injured or stricken with a hard-to-fight disease an attempt to escape financial responsibilities? Many people who file for protection today are older than 65 and do so as a result of inescapable hospital bills.

In February 2005 a report was released in Health Affairs, a medical policy journal, that stated bankruptcies related to medical bills increased by 2,200 percent between 1981 and 2001. The majority of the cases in the study involved those who had insurance. Scary.

Truthfully, the idea that a person who files bankruptcy is irresponsible has been perpetuated by many of the same entities responsible for pushing anti-consumer legislature. There are simply too many unknown factors behind bankruptcy to ever assume a person is filing simply to get a free ride.

One would think, especially after the push and passage of the 2005 act, that the lending industry would be quite wary about to whom it extended credit. In other words, if they were so concerned with the number of those not paying them back, why did so many industry players provide avenues of credit, such as subprime mortgages, credit cards or lines of credit, to individuals who clearly demonstrated no ability to pay them back?

There is no hiding the fact that the lending world, as it is doing currently, saw an opportunity to quickly increase profits by providing money to those who did not have any. With steep late charges, interest rate spikes and hidden fees backed by exceptionally aggressive, tobacco industry-like marketing, financial industry leaders knew full well that money brought in from these tactics would far surpass that which would be lost in America’s bankruptcy courts. As evidence, note that since 1997, bankruptcy filings have increased by 17 percent at the same time credit card companies have experienced a more than 160 percent rise in profit.

You tell us who’s winning the credit wars.

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Published Friday, October 9, 2009 @ 5:23 pm

Even though we are in the business of helping people through bankruptcy, legally and sometimes even emotionally, we understand that filing is not always the best option for you. However, our greatest fear is for those who should file but decide not to for the wrong reasons, whether it be because of the stigma of bankruptcy, an inability to face financial reality, or opting for a “less than legitimate” credit counselor.

To help in your decision, consider some of the consequences of not filing bankruptcy:

Losing your car
More than likely, you have a car loan. Should that payment be one of the debts that goes unpaid, your car can be repossessed by the lender and sold to pay the loan. But here’s the real pain in losing your car: it rarely covers the amount you owe. So, you could end up losing your car and getting sued for the difference. Bankruptcy stops the repo man, and in many instances, will allow you to repay the loan with much better terms.

Foreclosure
This can be the biggest pain of them all. While the bank can’t simply take your home like a car, they can foreclose on it. The process typically takes a few months. However, this does not mean you should wait until the foreclosure hearing to seek help. If you are behind on your mortgage, a Chapter 13 bankruptcy will allow you to catch up the missed payments over a repayment period of 3 to 5 years. Contact your bankruptcy attorney today, even if you’re only behind a couple of payments.

Student loan collection
In-state tuition for the University of North Carolina system schools is going up every year. Some of the private schools in our state are well over $50,000 per year just for the privilege of attending. Without question, college is getting expensive. And so is the cost of not filing bankruptcy if you have student loans. While many loans start out as federal in nature, a large majority of them are bought by third-party lenders who do not look kindly on your inability to pay them. However, these groups are more than happy to grant you a deferral or forbearance in order to drag out the payment periods to 25 years or more. If you don’t pay your loan, they can garnish your wages and even sue you. While bankruptcy can not get rid of student loans, it will get rid of your other unsecured debt, putting you in a better position to get back on track with your student loan repayment.

You could get sued
You might think that if you simply don’t pay your creditors, they will eventually go away. Not true. Debt buyers, the lowest of all life forms, will eventually purchase the debt for pennies on the dollar. These aggressive hounds will not stop until they have pressured you to cough up a reduced settlement amount. If you still refuse to pay, they can sue you and obtain a judgment lien on your property. Depending on the laws of your state, the debt buyer can then attempt to sell your home, car or other belongings in a sheriff’s auction. Bankruptcy will stop a lawsuit immediately, and stop the creditor from forcing a sale of your property.

If you are falling behind on your monthly payments, talk to an experienced bankruptcy attorney to discuss how bankruptcy can protect you and your family. In North Carolina, call the Law Offices of John T. Orcutt to set up your free initial consultation. 1-800-899-1414.

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Published Wednesday, October 7, 2009 @ 8:40 am

With the government’s new credit card legislation possibly reaching its stride two months early on December 1, a lot of frustrated credit card users may be breathing a collective sigh of relief. Given the tighter restrictions on credit card issuers, you might want to take the opportunity to be a little more choosy in selecting your new card, as industry players are going to push hard to win customers from competitors, using reward plans and low introductory rates as incentives. However, unknown to many credit card users is how reward plans are handled when payments are missed.

What far too few consumers understand is that not only do credit reports get the news when a payment is missed, so do the third party companies that handle the reward plans. Understandably, most people find themselves worried more about the late fees and interest rate bumps that occur when a balance goes unpaid. However, if you’re counting on the reward points to finance your next vacation, you may be in for a big surprise when they are told that as a result of missed payments, a big chunk of those rewards have been taken away.

A research effort at www.cardhub.com showed that each of the major credit card companies employ rules which revoke reward points when a payment is missed. That list includes American Express, Bank of America, Capital One, Chase, Citibank and Discover.

Discover seems to be a bit more brazen than their competitors. For example, miss your due date for two months and all of your points go away. All of them. (Don’t forget, Discover is “the card that pays you back.” Maybe.) American Express examines situations individually but will seemingly not hesitate to take away what you have earned. With all the other penalties for missing payments, like late fees, interest rate spikes, credit report dings and dinner time phone calls, this is just one more slap in the face to consumers.

Also, remember that the credit card companies can change the terms of a reward program at any time, without notice. Essentially, the lending industry allows points to be accumulated but not necessarily returned. Thus, a consumer may be using a card for a specific rewards program only to find that program is suddenly no longer available. Furthermore, reward programs are marketed as perks, gifts for simply doing business with a specific bank. Yet, that gift can be revoked without notice. Thanks for nothing.

Consumer advocates preach that those looking for a card with a rewards program should choose only those that offer cash back, because it can’t be devalued. Plus, you are more apt to take the cash reward earlier than if it was simply a pile of points accumulating in cyberspace over time for you to “eventually” use for a new mountain bike, kayak or trip to Yosemite.

Remember, if a card’s rewards plan is the main reason you choose to open the account, as it is for more card users today, make sure you understand all of the fine print before you make a decision.

From: The Law Offices of John T. Orcutt, with 4 convenient office locations in Raleigh, Durham, Fayetteville and Wilson. Call us today to set up your free initial consultation. 1-800-899-1414.

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Published Sunday, October 4, 2009 @ 1:27 pm

The current administration would love to perpetuate the common belief that most personal bankruptcies are the result of ruinous medical bills. News articles cite numerous studies and statistics that support this theory. But is it really true?

The “recent” Harvard study that has been bandied about lately as proof that the broken US healthcare system is behind the majority of personal bankruptcies was originally published in 2005, five years ago, and was based on data collected in 2001. The study states that “about half of people filing for bankruptcy said health care expenses, illness or related job-loss led them to do so.” Politicians and the media are fond of attributing the “about half” statistic solely to health care expenses as a cause of bankruptcy, as in “about half of all bankruptcies are caused by medical bills.”

In the study, the actual percentage of respondents who indicated that medical issues were a significant factor in declaring bankruptcy was 46.2. This number included people who had lost a job or income due to illness or injury. Only 27 percent of respondents citing medical reasons for declaring bankruptcy indicated that they had incurred uncovered medical bills exceeding $1,000 in the past two years. This leads one to believe that while medical reasons (illness or injury) may have been a major factor in filing bankruptcy due to the loss of a job or inability to work, only a small percentage of bankruptcies resulted from actual medical bills. Said one critic: “One thousand dollars in medical debt can hardly be considered catastrophic.”

A second category in the survey entitled “any medical bankruptcy” included people who cited addiction, uncontrolled gambling, childbirth, or the death of a family member as a major contributing cause. Only by including this second group in the total number were the authors of were able to increase the total percentage of “medical bankruptcies” to 54.5 percent.

Other factors may well have been in play, and the authors themselves acknowledged that if some respondents had not faced health care problems, they may still have found themselves in bankruptcy court. The authors state: “Many debtors described a complex web of problems involving illness, work, and family. Dissecting medical from other causes of bankruptcy is difficult. We cannot presume that eliminating the medical antecedents of bankruptcy would have prevented all of the filings we classified as ‘medical bankruptcies.’ ”

The 2005 study was roundly criticized for these and other reasons and the authors decided to re-publish it with additional data and analysis gathered in 2007, thus addressing some of their critics and, for good measure, they increased the “medical bankruptcy” statistic from 54.5 up to a whopping 68.8. Bear in mind though, that this figure in the new study still includes people who have lost income due to illness or injury. Undoubtedly the loss of income, regardless of the cause, would be a major factor driving anyone into debt. That’s pretty obvious – no fancy study needed to convince people of this truth.

But the authors of the Harvard study don’t seem to want to put much emphasis on simple observations. They have pages and pages of data which have been carefully teased out of questionaires (not actual official documents) and interpreted to prove the link between bankruptcy and healthcare expenses. Interestingly, the results of their updated study were published anew earlier this year, just before the healthcare overhaul debate hit the fan.

The loss and reduction of health insurance coverage in this country during the past several years has been a national travesty. In some cases, it has sent honest, hardworking people further into debt. For the rest of us, it has made security seem more fleeting and difficult to obtain. For anyone with an overwhelming debt burden, whether it came from medical expenses or other sources, there can be relief. Seek the advice of a bankruptcy attorney to learn about your options.

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Published Tuesday, September 29, 2009 @ 9:44 am

It has been a number of months since new laws were passed to address the aggressive marketing tactics of credit card companies and their downright crooked methods of making money through penalty fees and interest rate hikes. To date, even with some facets of the law intact, few consumers are realizing a positive impact. This is because credit card companies have used the government intervention as an excuse to increase rates and invent new fees before the real teeth of the law come into effect in February of 2010.

Thankfully, it sounds like lawmakers behind the effort have caught wind of the ongoing tactics and are now pushing to enact the laws sooner than expected, as early as December of this year.

Representative Barney Frank, chairman of the House Financial Services Committee and by no means a novice at how to get under the skin of big business, is leading the measure to get the law into action sooner. He is joined by fellow Democrat Carolyn Maloney of New York. The act also prevents credit card companies from raising interest rates unless a customer is more than 60 days late and requires the original rate to be restored after six months of on-time payments.

Aspects of the legislation considered for the proposed December 1 deadline include the requirement that credit card companies apply payments to the cardholder’s highest balance accounts first. The legislation would also put an end to the practice of “universal default” interest rate hikes. This practice allows individual lenders to increase interest rates if their customer defaults on an account with a completely different lender. When this happens, multiple credit accounts set to the default rate simultaneously, greatly increasing the chance for additional defaults and added fees.

Industry card issuers have been primarily pushing fees to address tactics consumers use to avoid higher payments, such as when a customer transfers balances from a high interest card to one that may be offering a much lower introductory rate. Discover Financial Services, which issues the Discover Card, announced an increase in balance transfer fees from three percent to five percent of the balance. On a $5,000 balance, the cost would go from $150.00 to $250.00.

In recent months, American Express, Chase, and Bank of America have all raised interest rates across the board, and have changed many account holders’ interest rates from fixed to variable. A representative from www.lowcards.com stated that their company has tracked more than 50 interest rate, fee and terms changes by eight card companies since January, which is when the bill was starting to take shape in Washington.

Rep. Frank and others in Congress are not pleased with the credit industry’s reaction to the Act, and are looking to put a stop to abusive lending practices as soon as possible. However, even with the changed effective date, consumer advocates fear that credit card issuers will simply raise the interest rates before December 1st, leaving many consumers to deal with unmanageable interest rates at a time when account balances are often at the highest– right after Christmas.

If you’re sick of the interest rate hikes, sick of the penalty fees, and want an opportunity to start fresh, call a bankruptcy attorney today. In North Carolina, call 1-800-899-1414 to set up a free initial debt consultation. Or visit www.billsbills.com, where you can fill out our confidential debt questionnaire and set up an appointment at one of our 4 convenient office locations.

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Published Saturday, September 26, 2009 @ 6:17 pm

One of the greatest benefits of filing for bankruptcy protection is that it allows struggling homeowners a second chance to catch up on missed mortgage payments. For many people, the fear of losing a beloved family home is one of the most stressful parts of their struggle with debt. But is your house really worth saving?

If you find yourself living in an “upside down house,”  it may be worthwhile to consider simply letting the house go. “Upside down” refers to a property where you owe more money than the house is worth. Back when the housing  market was still booming, this situation was almost unthinkable, but now that the bubble has burst, short selling―selling a home for less than what is owed―is all too common. Unfortunately, a short sale leads to all kinds of nasty repercussions: Unless your mortgage lender agrees otherwise, you will still be responsible for the difference between the sale price and amount owed. Second, even if your lender agrees to forgive the debt, you’ll still be hit with the tax consequences.

If you’re a homeowner and considering bankruptcy, now is the time to take an objective look at the big financial picture and make some tough choices. Your equity situation is a great place to start this assessment. If you don’t have any equity in the home, holding on to that upside down house can’t even be justified on the basis that home ownership is a good investment. Just a few years ago a house was a sterling investment―but if you’re continuing to sink in negative equity, you don’t own a good investment, just a bunch of debt. And if you are living in an upside down house, how bad is your situation? In other words, how much more money do you owe the bank than the house is worth? If the difference is only a few thousand dollars, it may be OK to hold on to the house if you can really afford the payments. But if the difference is huge, you may want to consider the idea of surrendering the property in bankruptcy.

Second, take a look at your budget. Why did you get behind on your payments? Were you always struggling to make the payments, always one emergency away from getting behind? If getting rid of your credit card debt doesn’t free up enough money to comfortably make the mortgage payment, bankruptcy won’t help you save the home in the long term. If, on the other hand, you got behind because of a temporary drop in income that has since rebounded, bankruptcy can get you back on track with your mortgage and put your in a better financial position by dumping your unsecured debt.

The costs associated with home ownership go beyond the monthly mortgage payments. Can you afford property taxes? Your homeowner’s insurance? Does the house require a lot of maintenance? What are your utility payments like? These are all good questions to consider as you assess whether it makes sense to hold on to your home. Another thing to keep in mind is the structure of the loan. If you were one of the many unfortunate borrowers who signed on to an adjustable rate or interest only loan, your loan terms will never allow you to get ahead.

The good news is that the depressed housing market means that a lot of places that can’t sell are being offered for rent. Renting can be a good solution for someone seeking to rebuild their financial health, especially in the short term. If you are trying to keep your kids at the same school or are reluctant to leave the comforts of a familiar neighborhood, you may be able to find a good rental in the same area as your house.

Make sure to ask your bankruptcy attorney for advice on this issue. Letting a foreclosure proceed unchecked is not a good way of dealing with the situation. If the property sells for less than the outstanding loan balance, you will still owe the difference.. Surrendering the home in bankruptcy shields you by eliminating any personal liability after the foreclosure sale. If you are facing foreclosure now, contact a bankruptcy attorney immediately to ensure that you remain in control. Your attorney can help you assess your financial outlook rationally and help you make the right decision.

From: The Law Offices of John T. Orcutt. We always offer a free initial one on one consultation. Call today to set up your appointment. If you are in North Carolina, call 1-800-899-1414, or visit www.billsbills.com to fill out our free and confidential debt questionnaire.

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Published Wednesday, September 23, 2009 @ 10:41 pm

Say you find yourself struggling with a mountain of debt. Your paycheck seems to be spent before you even get it, as soon as you pay a bill another one arrives, and you’re starting to wonder how much longer you can deal with the stress of unmanageable debt. To make matters worse, you fall behind on your housing payment and your bank threatens you with foreclosure.

So when your phone rings and a professional sounding individual on the other end promises to stop your foreclosure or even modify your mortgage, you see it as a godsend! After all, the government has been promising to help Americans hold on to their homes. A foreclosure assistance agency may even be part of a government effort to help people just like you. As a matter of fact, nothing the “foreclosure assistance agency” says leads you to believe otherwise. Should you take the leap?

Unfortunately, as all too many have learned the hard way, there are no miracle cures when you have serious debt problems. With so many people struggling to hold on to their homes, it comes as little surprise that scammers are taking advantage of vulnerable homeowners at the worst possible time.

So how do these schemes work? In most of these scams, a company will call a homeowner and offer help in stopping a foreclosure. Some companies are little more than a call center, with no attorneys, accountants or loan specialists employed.. The companies demand a fee upfront, sometimes as much as $3000.00. Desperate homeowners will pay the fee, only to discover–often when it is too late–that the company did nothing at all to help them.  Because of this all too common model, one measure the FTC is considering is a ban on up-front fees for mortgage assistance.

Since April, the government has promised to crack down on “foreclosure assistance” outfits posing as government agencies. Now, a recent meeting of the multi-agency taskforce created by the Obama administration to address the problem of mortgage fraud updated the public on the government’s efforts.The FTC brought civil charges against two companies this week that were running foreclosure assistance scams. This brings the number of such cases this year to 22.

One of the worst aspects of this situation is that many of the companies work to create the impression in homeowners that they represent a government agency. The two companies charged this week were doing precisely that, and the government is working hard to crack down on these wrongdoers in particular. It’s your responsibility as an informed consumer to protect yourself. If you are being asked to pay a hefty upfront fee, it’s a good sign that the modification program is a scam. And remember, bankruptcy is always an option if you are behind on your mortgage. A Chapter 13 bankruptcy will catch up your missed payments over a 5 year plan, and eliminate your unsecured debts. Contact a bankruptcy attorney today to find out more. In North Carolina, contact the Law Offices of John T. Orcutt at 1-800-899-1414. Or visit www.billsbills.com to complete our confidential debt questionnaire.

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Published Monday, September 21, 2009 @ 1:49 pm

Many of us now come into marriage with some debts in tow. Some of us also arrive owning some of our own property. Once married, we incur new debts, jointly or separately; for example, one spouse may finance a car under his name, while both spouses may need to list their income together when they borrow for a new home. In addition, you may have credit cards and checking accounts in your own name, and some held jointly.  Sometimes one spouse will have the legal responsibility for credit card debt, but the other spouse, as an authorized user of the account, has the ability to add to it. A spouse may not have the responsibility for a debt, but may contribute to payment from her income. And then there are the difference in state law, which also adds layers: in the nine community property states, both partners own all property equally, while in the non-community property states (or “equitable distribution” states, such as North Carolina), each spouse owns all of his own property and one half of the property held jointly.

As you can see, marriage can definitely complicate matters when it comes to property and debt! For many couples facing an unmanageable amount of debt together, these different factors may complicate the decision to file for bankruptcy However, there’s no need for alarm. If your marriage is suffering from the pressures of debt, bankruptcy can offer the relief to allow your family to focus on the things that really matter. An experienced bankruptcy attorney will be able to assess your situation and advice you on the best strategy for taking care of your debts while saving your property. Based on the kinds of debt and property your couple has, he will be able to help you choose whether to file separately or jointly. And in some situations, he may advise one partner to file and the other partner not to. Let’s look at some of the factors he’ll weigh in making his determination:

If you file together, all of your separately held debts, as well as all of the jointly held debts acquired during the marriage will be discharged. Filing together is also cheaper than filing two separate bankruptcies, and often times the financial troubles of one spouse are tied to those of the other. If only one spouse files, jointly held debts will be discharged only for the spouse who files; the other spouse will still be responsible for the debt.

However, if one spouse holds most of the troublesome debt in her own name, it may make sense for her to file alone. This is especially true if the non-filing spouse has better credit. Preserving one party’s credit can help the filing spouse recover from bankruptcy faster. The non-filing spouse can co-sign on future accounts, allowing the filing spouse a better chance to rebuild post-bankruptcy.

Don’t let these nuances deter you from the most important point: no matter what kind of debt you have and what kind of property you hold, bankruptcy can offer a life-changing opportunity for you and your spouse to put unmanageable debt behind you. Because you want to approach your filing strategically, it’s an excellent idea to contact an experienced bankruptcy attorney to help you and your spouse make the right choice.

In North Carolina, contact the Law Offices of John T. Orcutt at 1-800-899-1414, or visit www.billsbills.com to complete our free and confidential debt questionnaire.

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Published Tuesday, September 15, 2009 @ 1:10 pm

For so many years people have held the view that an education is one of the best investments you can make, and therefore it is prudent to spend whatever it takes to get the best education possible. It’s true that a college diploma will, on average, result in improved earning power for degree holders, and the improvement is often dramatic. Nonetheless, educations are so expensive that it’s impossible for most people to get one without taking out student loans. Even though the situation affects so many, it seems that nobody is out there is telling the whole truth. If the colleges and universities don’t do it, what could possibly motivate the student loan industry to mess with their own success in an enormously profitable field? It seems that nobody counsels borrowers on the often quite predictable results of their actions.

The simple fact of the matter is, education, on a pragmatic level, isn’t worth the same across the board. An education is a wonderful thing, arguably without price, and not everything we do in life should be about money. Pursuing an education in something you love is a worthy goal to have for yourself. But philosophy aside, many people enter college with the expectation that they will automatically improve their ability to get a job, allowing them to pay back the loan with ease. That simply isn’t the case. If you’re considering going to college or going back for another degree, but you find yourself wavering over the loans, that’s a good thing! Make a realistic assessment of your ability to pay the loans back once you graduate. Are you going into an industry that has growth potential? What kinds of jobs will you be able to get with the degree? And do you really need the degree to achieve your professional or other life goals?

Remember, student loans, unlike most every other kind of unsecured loan, are not discharged in bankruptcy. This is one of the worst aspects of the quagmire students encounter post-graduation; no job, and no ability to get rid of the student loan debt. Even if you find a job, but can’t afford the monthly student loan payment, your wages can be garnished. This is why, even if student loans are your primary problem, it may still make sense to file a Chapter 13 bankruptcy. You can stay in the Chapter 13 plan for as long as 5 years, giving you a reprieve from collection efforts. This will give you some time to get established financially, and will extinguish all other forms of unsecured loans and credit card debt.

If you’re having trouble paying your student loan debts, consider bankruptcy as an option to put your student loan creditors on hold. Call a bankruptcy attorney today to discuss your options. In North Carolina, contact the Law Offices of John T. Orcutt to set up a free initial debt consultation. 1-800-899-1414. Or go to www.billsbills.com to fill out our free and confidential debt questionnaire.

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Published Sunday, September 13, 2009 @ 10:44 am

In July, the number of people who defaulted on their credit cards dropped for the first time in several months, leaving many financial experts to wonder about the cause.

In the midst of speculation that the recession may be turning around, bankruptcy filings continue to climb and many debt management and bankruptcy attorneys cite a rise in the number of people leveraging retirement funds to stay afloat. Additionally, running contrary to the default reports is evidence supplied by some credit card issuers that in July, there was an increase in those who fell behind on payments, but have yet to reach default status.

Most of the major players in the industry, Bank of America, American Express, Capital One Financial and JPMorgan Chase, are in agreement that the number of accounts that ended up in default in July fell. Thus, there was an increase in the number of payments made on time. For some, that can be a sure sign that some aspects of the economy have improved. However, looking closer at the statistics, the correlation between the numbers and the status of the economy is not so clear.

With an estimated 6 million people living on unemployment benefits, many of the aforementioned lenders have eliminated accounts held by those in the highest risk pool. With that demographic completely out of the picture, the number of defaults will obviously decrease. In many instances, lenders are accepting less than the standard monthly minimums, which leads to more on-time payments but puts the consumer deeper in the hole. Perhaps most troubling, many cash-strapped consumers are pulling money from retirement accounts to keep from getting behind.

Overall, few experts will go on record saying that the decrease in credit card defaults is a sign of America’s improving financial health. Basically, it all comes back to unemployment. If jobs are scarce, credit card payments will be too.

There been signs of an improving home sales market. However, that can be attributed to a brief run on low-priced homes, foreclosure investing and wholesalers absorbing large tracts of unfinished or bargain homes at a discount.

Unfortunately, banking experts can cite mountains of data to suggest that in lean times, people use credit cards as cash draws. If unemployment remains a challenge, the country will continue to look to their credit lines for money to bridge months of dwindling paychecks. As summer winds down and the holiday seasons emerge from earlier-than-ever marketing campaigns designed to encourage economic stimulation, consumers are expected to once again overspend and thus tilt the growth in default numbers back to positive early in the New Year.

If the wave of holiday over-spending joins the unemployment headwinds, credit card defaults, credit bureau reporting and most likely, bankruptcies, will once again spike. Currently, bankruptcy filings are at their highest levels since before 2005, when legislation was enacted to cut back on the number of bankruptcies.

If you are behind on your credit card payments, don’t eait another day to speak with a bankruptcy attorney. In North Carolina, call the Law Offices of John T. Orcutt at 1-800-899-1414 to set up a free debt consultation.

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Published Sunday, September 6, 2009 @ 1:18 pm

Now that every bit of information about you is digitized, it is easier than ever to use your own data against you.  Scammers know that flashing a little bit of knowledge can disarm an otherwise savvy consumer, so don’t be fooled into falling for the latest scam just because someone knows your address, details from your purchasing history, or even your social security number.

One new scam to be on the lookout for involves fake rebate checks. Basically, scammers send you a check in the mail for a rebate on an item you may have purchased. It’s possible they may actually know that you purchased the item, but it’s also possible that scammers will stick with popular or “hot” items, the kind of stuff you see advertised on TV and magazines, and snag consumers by counting on coincidence; either that you bought the item or that you were planning to buy it. One such program looks like an official check from the manufacturer, complete with a trademark logo, but it’s actually a ploy to obtain your signature…and therefore your consent to sign up for junk you don’t want at prices you don’t care to spend. If you get a rebate check in the mail, be very careful to read all of the teeny tiny print―annoying, but not more so than having to fight a company to recoup money you’ve been tricked into spending.

And here’s another scam, this one involving fake bill collectors―as if the real thing weren’t bad enough! This particular set of bad guys will call you and pretend to be collecting on a bill, making threats and demanding payments for debts you never owed or don’t owe on any more. Reports about this scam are especially unsettling because the scammers seem to have a lot of information at their disposal on the people they are calling.

So how can you tell if the bill collector is the real thing or another scammer on the take? Scammers will often report that they’re employed for agencies that don’t exist, so if you’re unsure about why someone is calling, request information about the company and the caller, explain that you want to look into the situation and hang up. Afterward, do a little research; if you’re satisfied it’s a real company you can always call the number back. Another warning sign are the kinds of threats scammers make; for example, threatening to send people to jail if they don’t make payments. You can’t be sent to jail over debt, so this particular threat is a dead giveaway. Finally, remember not to be fooled just because the person appears to have information about you; don’t confirm that any of the information is correct, since that may be the objective of the call in the first place. Remember that you have the right to demand written proof of your debt, and you should do so at the first sign of trouble.

You don’t have to take abuse from fake bill collectors, but the real thing are no joke either. Unlike the scammers, legit agencies won’t stop calling you until you do something to end your debt problems for good. If you can barely keep your debts straight, making it easy for scammers to take advantage of your vulnerable state, bankruptcy could be the answer for you.

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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. Still, there are a lot of homes out there not worth half what they were recently, and new construction has ground to a halt for the time being. Is there a silver lining in this one for you?

Well, there may be if you are not a homeowner and not looking to become one immediately. With so many properties sitting empty while the market waits for buyers to return, people who are not homeowners can enjoy a renter’s market. Suddenly there are many options for housing–nicer places at must lower prices. In some areas of the country, it is actually cheaper to rent than to buy at the moment.

If you are considering or already preparing to file for bankruptcy protection, you may be worried about your ability to rent a home, since so many landlord applications now require a credit check and/or ask about past bankruptcies. Don’t let such questions dissuade you from pursuing a rental you really like. Because this is a renter’s market, landlords may soften some of these requirements. Most landlords will be more concerned with your payment history with past landlords than whatever happened with your credit cards. If you have a good history with someone, ask him if you can use his name for a reference and offer to provide it for the new landlord when you apply. Other times you may be able to bargain with the landlord by offering to pay a slightly larger security deposit or providing other assurances of payment. Remember that as much as you need a place to live, landlords need tenants to make money from their real estate investments―or in this market, just to minimize losses!

Home ownership has some real advantages, and many people feel that it’s a waste of money to pay rent that will never translate to equity. However, home ownership comes with its own host of troubles, and renting can be a good solution, even if just in the short term. Home ownership is a big step, and you may want to allow yourself some breathing room (and an opportunity to rebuild your credit) before taking the plunge. If so, you might as well take advantage of a renter’s market!

If you already own a home, but are having trouble with the monthly payments, bankruptcy is a great option to get caught up on the missed payments. Unfortunately, some people wait until it’s too late to take advantage of these protections, and by the time they accept that bankruptcy is their best option, it may be too late for bankruptcy to help. That’s why it’s important to contact a bankruptcy attorney early in the process, before your finances are beyond repair. If you have conceded that it not financially feasible to keep your home, bankruptcy acts as a shelter from the after effects of a foreclosure, such as tax liability and deficiency judgments. Further, if foreclosure is imminent, a bankruptcy will stop the foreclosure from proceeding, even if you intend to surrender the property in the foreclosure. This strategy can buy your family some time to transition to a new living arrangement.

These are strange days for homeowners and those considering home ownership. If you have doubts about your future financial viability, it may be best to wait out the recession before plunging into the real estate market. If your income is already stretched to the max by debt payments, consider speaking with a bankruptcy attorney. A properly planned bankruptcy can put you in the best possible position to rebuild your damaged credit and pursue home ownership in the future.

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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. At the Law Offices of John T. Orcutt, we take pride in preparing our clients for a life outside of bankruptcy as well. While we very much appreciate your business, we hope we only have to help you file one time.

We’ve compiled in this post a few strategies to help keep you on track after you are back on your feet:

• Pay bills on time. Sounds easy, right? Hardly. For even those people who have never even sniffed a financial difficulty, staying on top of a pile of monthly bills takes very sound organization skills. Like most people who begin to have trouble making ends meet, dates become critical. All kinds of dates: due dates, late charge dates, power bill dates, mortgage payment dates and so on, all start to come together into a menagerie of calendar markings and PDA notifications. One way to ensure everything gets paid on time is to use a completely separate calendar for bill dates. And, mark each one due five days before their actual due date. This way, you can avoid hundreds of annual dollars in late fees and prevent nasty marks on your credit report. Be careful with online bill pay services as well. While they offer convenience and scheduling, make doubly sure they are paying on time and that there isn’t some sort of delay that leaves your money dangling in cyberspace.
• Choose expenses carefully. This involves reminding yourself daily about the things you really need. Lifestyle items are for the “old you.” Remember, you don’t need what your co-worker or neighbor has. This is also about paying for things in cash and keeping the new credit card for emergencies, like car repairs or house damage. The reward from knowing you saved up and purchased something cleanly is well worth the wait. Try it and see.
• Balance your checkbook. Seems like another obvious tip, doesn’t it? You would be surprised. Today, banks are tacking on very high fees for bounced checks, overdue settlements of overdrawn accounts and service charges. Not only can you not afford to know exactly what is in your checking account, it’s a poor financial habit to get into. With simple addition and subtraction, you can be sure of how much money is coming in and going out every month. This helps in budgeting and uncovers places where you can save each month. Pay attention to the balance daily as well. Every morning, use the Internet or automated phone lines to get an update on your account. Even if you think you know, it’s always smart to really know.
• Handle setbacks as soon as they occur. Don’t let a disputed expense fester in your monthly balance, where it can gain interest or get lost in the administrative shuffle. And don’t take every little mistake you make as a sign of collapse or failure. Address every question or complication head on and be assertive.

Your financial solvency is a key part of your well-being. Try to stay on top of your finances after bankruptcy and truly take advantage of your fresh start.

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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. The downside is that these firms, called tax lien investors, can charge very high penalties and double the normal interest rates.

Housing and consumer advocates across the country are beginning to get wind of the tactics and have started calling for regulation. Although, municipalities have a strong argument for the raising of money this way because, like property taxes, it gets used to build roads, schools and supply public services. Not only that, tax lien investing has become big business, with many Wall Street brand names directly involved.

The demise of the real estate market in the last two years has left hundreds of thousands of unfinished houses on quiet cul-de-sacs in half-built neighborhoods across the country. It has also left in its wake millions of struggling homeowners. Should an overdue tax bill become property of a tax lien investor, suddenly the mortgage bill is not the only envelope instilling fear in the checkbook of its recipients.

Normally, governments do charge interest and late fees. Although, they do so at very reasonable rates. Why? Because they have no interest in seeing their communities becoming foreclosed ghost towns. Under the thumb of a private tax lien company, people are very likely to end up in foreclosure much faster. And, based on recent stats, a much more likely candidate for bankruptcy.

Tax lien investors have minimal concern for the preservation of towns and villages in which they have no role. Their stance is focused on collecting debts they purchased, not the building of schools or a playground. The underlying intention of their efforts, in essence, does not serve the community.

Private investors can move to foreclosure quickly, often taking priority over the mortgage holder because they “own the taxes,” (taxes are required to be paid first in the event of a foreclosure) and also stack on 18 percent interest rates on what is owed. People subject to tax lien investment companies across the country are reporting immense increases in fines and interest that often end up pushing them over the edge.

The head of the National Tax Lien Association, Howard Liggett, was rather bold in a recent statement, saying that his industry’s investing practices, ” … beats the heck out of any certificate of deposit.”

In other words, tax lien investing makes a lot of companies a lot of money.

Overdue taxes are indeed a form of debt. And they need to be dealt with, just like your car payment and student loans. However, you enter into the agreement with your local government under the auspices of being treated as part of the community. Thus, it’s easy to understand how the practices of tax lien investment firms could make an already financially challenged family feel even more abandoned by their community. And as a result, less likely to pay what’s owed.

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Published Monday, August 24, 2009 @ 7:06 am

So, now that you’ve come through bankruptcy with a clean slate and made the decision to stay off the credit treadmill, it’s time to examine your money habits and behaviors. It is surprising how many people view their credit limits as unofficial raises and create lifestyles that reflect a higher actual income than they actually earn. Are you one of them? Do you subscribe to the belief that credit scores are a reflection of your good character and trustworthiness?

One of the biggest concerns many people have when considering filing for bankruptcy is that it will absolutely ruin their credit rating for a very long time. They fear that they will never be able to buy a home or finance a new car. They believe they will not be able to get a credit card to travel, rent a car, or even a hotel room. And so there is a great deal of emphasis on quickly rebuilding credit scores by those exiting bankruptcy. Without decent credit, they fear, their lives will be reduced to a mere shadow of what they once were.

Well, in a sense, that last sentence is true – without the crutch of credit and the illusion of credit limits as extensions of their incomes, the lives of people who have gone through the bankruptcy process will be very different than what they were before pre-bankruptcy. But the difference is, they will be living on their actual income, not some inflated version of their income that they’ve invented through maxing out credit cards. There will be no heavy weight of debt on their shoulders, no trepidation on their way out to the mailbox, no creditor phone harassment. In short, without the potential pitfalls and enslavement of credit payments, a post bankruptcy life can be ever so peaceful—if it’s managed right.

For those who landed in bankruptcy through money mismanagement rather than by some other external financial blow, such as medical bills, it may prove not to be. If those people continue to deal with money after bankruptcy the same way that they did before bankruptcy, they may find themselves right back in the same stressed out, overextended situation that landed them in bankruptcy in the first place. And credit card companies know it. They know that most people emerging from bankruptcy have not really learned to manage their finances any better than they did before bankruptcy. Most people who get a new credit card after bankruptcy are carrying a balance each month within one year after discharge.

Credit card companies know that those who have taken on a lot of debt in the past, carrying growing balances month after month, and then falling behind on their payments are apt to do it again. And so sooner or later, they will extend credit even to people who’ve declared bankruptcy. Why? Because doing so makes the credit card companies the most money. Although it seems counterintuitive, the truth is that creditors see bankrupt consumers as a much more profitable customer base than the general population. They know that a person can only file a Chapter 7 bankruptcy once every eight years, so chances are high that, once hooked, the debtor will be on the creditor’s line for a long time.

You may be feeling like you’ve learned your lesson about staying on top of your payments since enduring the bankruptcy process, but even cautiously getting back into the credit game is like wading into shark-infested waters. Credit card companies, car finance companies, and mortgage lenders have all figured out ways to get you to put more and more of your hard-earned money into their bank accounts. Credit card companies offer introductory rates to get you to sign up again. Then they sit back and wait until you are even one day late on your payment, or they pull your credit report see that you are late paying any bill, from any creditor, or that your ratio of debt to available credit has increased, and they jack up your interest rate to near usury levels.

With the mortgage industry collapse, mortgage companies have reaped what they’ve sown over the past several years in the form of subprime and adjustable rate notes. However, the difference between them and you is that they are being bailed out by the government. Will you be bailed out if you become a victim of this predatory lending? Not likely.

The bottom line is, that so called ‘Credit, or FICO Scores’ are nothing more than a litmus test for how much debt you are willing to take on and juggle. People who never borrow money and always pay cash generally have very poor credit scores, yet society lauds those people as the wisest and most disciplined of us all.

The sooner you realize that you are not defined by your credit score, the better. It is possible to live a fulfilling and abundant life without being a slave to your credit report. Once you are free of the credit-as-income illusion, you can establish strategies for creating a healthier relationship with money, a positive vision of money, and the freedom that comes from being in control of your money and not letting it control you.

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Published Friday, August 21, 2009 @ 10:04 am

It’s official: Making Home Affordable isn’t owning up to its namesake.

After months of simmering frustration with the federal program designed to financially encourage lenders to be more cooperative with economically-challenged mortgage holders, it seems that the national media has finally created an outlet for the hundreds of thousands of Americans trying to sort it all out.

The success of a program like Making Home Affordable, and the general willingness of banks to assist consumers in adjusting their mortgages, is so critical because recent reports have indicated that avoiding foreclosure is one of the primary reasons people file bankruptcy. In most cases, a Chapter 13 will allow a person to stay in their home by catching up on missed mortgage payments.

Unfortunately, the disconnect between banks and the federal government is proving too vast to properly serve the folks who need mortgage modification the most. With unemployment still high and more people purging retirement funds to stay afloat, a well-executed mortgage adjustment could provide a beacon of hope. However, the tales of consumer woe in regard to sorting through the phone trees, paperwork, subsections, addenda and misinformed customer service agents are becoming more evident everyday.

An article on MSNBC.com brought to light the trials of a California couple working with Wells Fargo to adjust their mortgage after moving to North Carolina. After several run-arounds about missing and out-of-date forms, their application was eventually rejected partly because, according to the bank, they spend too much money on food.

Try as the government might to deny it, the Making Home Affordable program and the related entanglements twisting within the operations of cooperating banks is nothing more than a perfect example of a bureaucracy trying to do too much too fast. The race to help was started before the route was planned and the participants have found themselves well off track. For every one person helped there a hundred fighting a system designed to make their lives better.

We want to see people get the help they need. That being said, an unfortunate byproduct of the delays and setbacks is that people are waiting longer to make the most beneficial financial decisions. If a mortgage could be modified within a reasonable timeframe, the money saved could be put toward other debts. Once the process is started, applicants begin to base their hope for financial reprieve on the approval of their mortgage modification. When they realize months later that it may not happen, it’s already too late.

One of the scariest reports predicts that by 2011, close to 50% of all homeowners in the United States will owe more on their home than the market says its worth. Other reports show that over 13 percent of mortgage holders are behind on payments or in foreclosure.

Foreclosures are the proverbial boat anchor to an economy trying to shake itself loose from the muck. Their burden is just too much to allow any sort of meaningful recovery and now it looks like the primary federal program designed to pull us free is only dragging us deeper.

If there was ever a time for one last push to initiate the “cramdown bill,” it’s now. If you are behind on your mortgage, speak to a bankruptcy attorney early. Chapter 13 bankruptcy is the only sure way to force your lender to accept a repayment plan. Call today. In North Carolina, call the Law Offices of John T. Orcutt at 1-800-899-1414.

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Published Wednesday, August 19, 2009 @ 9:19 pm

Back in May, President Obama pushed for new legislation to prohibit some of the business tactics of credit card companies. Namely, the Credit Card Accountability, Responsibility and Disclosure Act of 2009 will require lenders to notify card holders of rate and fee increases 45 days before they take affect. Until August 20, they only need 15 days of notification.

The small timelines credit card companies use to alert consumers of rate hikes is considered a primary driver of high personal debt because they are timed with a person’s spending habits. In other words, if a new television or other large expense was put on a card, a consumer would have about two weeks to pay it before the rate jumped, substantially increasing the overall cost of the item.

The 45-day window will allow consumers to be more proactive in alleviating their balance, whether through balance transfers to cards with lower interest rates or by simply putting more money toward the balance. Washington economists believe that a more lenient credit card industry will contribute to lower personal debt and hopefully, fewer bankruptcies.

The best part of the new legislation? A cardholder can refuse the rate increase or late fee and agree to close the account and pay off the remaining balance within five years. This component of the bill was a big win for consumer advocates, as it provides consumers with a solid opportunity to assess their spending and make changes before allowing it to spiral out of control.

It also creates competition within the industry because consumers will have additional time to shop for a new credit card. This will eventually force the industry to be more consumer-centric.

When the law hits tomorrow, credit card users who have suffered from late fees will also feel some relief. The act states that statements must be mailed 21 days before a due date to allow the lender to charge a late fee. And, that fee can only be applied after an additional 14-day notice period.

More provisions will take effect at different times over the next year. For example, the law states that any credit card applicant under 21 must have an adult co-signer. It also disallows any retroactive rate increases, which had previously been a tremendous money maker for card lenders. This allowed them to apply higher fees to expenses incurred by the cardholder months prior to the notice of an increase being sent out, resulting in exponentially larger balances.

Unfortunately, credit card companies are still actively implementing new strategies to increase revenue streams before the full brunt of the act takes effect in 2010. Annual fees, balance-transfer fees and assorted other monetary upticks are being assessed to cardholders nationwide. People are seeing interest rates double without notice.

If you are consistently carrying a balance on your credit cards and can’t seem to get a handle on your debt, speak with a bankruptcy attorney today to discuss your options under bankruptcy law. A properly planned bankruptcy can eliminate your credit card debt and give you the fresh start you deserve.

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Published Tuesday, August 11, 2009 @ 6:00 pm

Believe it or not, there are some situations when credit cards can be a benefit. They are often the only option when making travel reservations, and can come in handy in the event of genuine emergencies. A credit card can also help you build good credit, or rebuild credit after bankruptcy.

Yep, so that’s about four reasons. The reasons NOT to use credit can fill a book, but here are just a few situations in which using plastic seems like a good idea, but you’re much better off just saying no!

Department store credit accounts: notoriously high interest rates are just one great reason to avoid department store credit accounts. But did you know that sometimes proprietary credit accounts from merchandisers allow the seller to take an interest in the things you buy on credit? This means that should you find yourself in a financial emergency down the line and unable to repay them, they could be entitled to take your stove or washing machine back. North Carolina law offers some protection against these disguised secured debts, but it’s best to just to avoid them altogether

Paying your taxes with your credit card: Taxes are not necessarily dischargeable in bankruptcy the way unsecured debt is…and your credit card debt won’t be either if you used the card for non-dischargeable debt! This will apply to other non-dischargeable debt as well, so be careful about putting payments to , for example, student loans, on your charge accounts. But note that only the part of the credit card debt you use to pay non-dischargeable debt will itself be non-dischargeable.

Balance transfers: A classic  marketing strategy of the credit card industry is offering lower interest rates on balance transfers. They way they sell this nonsense is to make you believe that it will be cheaper for you in the long run. But the situation isn’t as simple as they’d like you to believe. If you do a balance transfer, you’re taking on new debt. Unless you’re committed to shutting down the first account for good, you’re exposing yourself to the temptation of more debt. Many people believe they will be able to play this game successfully, and the credit card industry has made billions by playing on this belief.

A balance transfer could also force you to delay filing for bankruptcy, because if you do one just prior to filing, it may be viewed as a preferential transfer.

Big purchases right before bankruptcy: Speaking of charging up just prior to bankruptcy, you definitely want to avoid anything that could look like fraud. If the credit card company can convince the court that you made purchases on the card with the intention of filing for bankruptcy, the debt may become non-dischargeable, and you may be putting your whole filing at risk.

Living off credit to avoid filing for bankruptcy: This is an absolutely TERRIBLE idea. All you’re doing is creating bigger and bigger problems for yourself. If your situation cannot be managed without credit–if you find yourself taking out credit to pay for prior credit, it’s past time for you to consider bankruptcy as a lasting solution to your financial problems.

In North Carolina, call the Law Offices of John T. Orcutt to set up a free initial debt consultation. Convenient office locations in Raleigh, Durham, Fayetteville and Wilson.

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Published Monday, August 10, 2009 @ 5:51 pm

Liens can certainly throw a wrench in bankruptcy plans, especially for the unsuspecting. Unlike unsecured debts, which are simply discharged through a normal Chapter 7 bankruptcy, liens won’t be so efficiently eliminated with your filing. So what options do you have to at least address liens you can’t eliminate entirely?

One solution is to file for Chapter 13 bankruptcy rather than Chapter 7 and take advantage of some of the special privileges unique to that chapter. When you file for Chapter 13, you propose a repayment plan. Chapter 13 allows you to stretch out payments to creditors for the life of the plan, usually three to five years, and when it comes to a secured debt―that is, one where the lender holds lien on property that is acting as collateral to secure the interest― someone filing for Chapter 13 may be able to pay for only the value of the collateral rather than the total amount owed. This will occur if certain conditions are met, and it is definitely a huge advantage, because the value of personal belongings will almost certainly depreciate significantly below what is owed on the item. Thus, if you meet conditions, you get to keep your item and pay a lot less for it.

Take the example of a car. You will be entitled to pay for the value of the vehicle rather than what you owe on the loan if : 1) the loan you used to buy the car wasn’t a purchase-money security interest (i.e., what you put up for collateral wasn’t the car itself); or 2) if you bought the car for something other than personal use (say, for a business use); or 3) even if you did get the car for personal use and used a purchase-money security interest to pay for it, if the purchase occurred more than 910 prior to your filing for bankruptcy.

For an item other than a car, such as a household appliance you bought with  department store charge account, you will only be required to pay the fair market value of the item if the purchase was made more than 1 year ago. In North Carolina, if the seller or third party finance company issued a credit card in conjunction with the purchase, and that credit card has more than a 15% interest rate, the seller has no security interest whatsoever. This means the debt will be discharged as a general unsecured debt.

Thus it’s important to keep in mind that bankruptcy offers many ways to approach financial difficulties, even for those situations when it seems like the lender is holding all the cards.  Call an experienced bankruptcy attorney today to discuss your unique financial situation. In North Carolina, contact the Law Offices of John T. Orcutt today for your free initial debt consultation. 1-800-899-1414.

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Published Saturday, August 8, 2009 @ 2:51 pm

Judging by statistics, people with credit problems have a lot of company! Unfortunately, many of us are never given the opportunity to develop good credit strategies–we have the credit before we know how to use it. It’s also unfortunate that you can’t just refuse to work with credit altogether. Most of us are going to need good credit to help us make major purchases like a car, a home, or an education.

With credit, little mistakes can quickly snowball into big problems, and before you know it you feel like there’s no way out of the credit trap. When your credit problems are out of control, it’s time to look into filing for bankruptcy to help you get a fresh start. Remember that bankruptcy can help you get rid of credit card debt permanently. Once you have unloaded this burden, you want to make sure you’re protecting yourself post-bankruptcy. To help you make good on your fresh start, ask yourself these important questions:

• Who’s the bank? Credit card accounts are issued by banks, and the bank offering you credit should be readily identifiable from their mailings. If you can’t tell which bank sent it, don’t apply; the offer may be part of a scam.

• What are the terms of the offer? Don’t skip reading the fine print! This is usually where you’ll find the details of fees, interest rates, grace periods, and other key information you most definitely want to have about a credit card. With the changes being made in the credit industry by the government, this information should be easier to find out, but you should still make a point of reading all the materials they send you carefully.

• Is the interest rate quoted in the offer current? Sometimes the interest rate in the letter you receive is not up to date. To find out the answer to this question, you should call the bank offering the card.

• Is the interest rate fair? Remember that whatever your financial history, you deserve a fair deal. A company that’s charging you too high an interest rate is trying to take advantage of you, and you shouldn’t let them, even if you’re starting to feel a little desperate. Panic has no place in the slow and steady work of reaching financial health.
• Are fees, penalties and other terms fair? The considerations for the interest rate also apply to fees and penalties. If these are too high on all the offers you’re eligible for, it’s not a bad idea to look for some other ways to rebuild credit. Eventually, you will receive a fair offer, so don’t just jump on the first one you get. Watch out for credit card offers that draw you in by offering a low interest rate and then, once you’ve applied, they offer a fishy excuse for why you don’t qualify for the old rate anymore.

• Which terms are subject to change? What will trigger such changes? Make sure you know full well if the bank will be able to raise the interest rate, drop your credit limit, or close the account altogether. Generally, card creditors can and WILL employ these tactics. Sometimes even one missed payment will be enough to raise your interest rate significantly. Everyone makes mistakes, so a credit card offer that seems almost too good to be true but has overly strict or unfair policies about missed payments may not be the way to go.

After your bankruptcy discharge, it is extremely important to obtain small amounts of new credit so that you can gradually rebuild your credit history. However, you also must proceed with caution, avoiding mistakes whenever possible. Study all your options carefully to make an informed and measured decision.

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Published Saturday, August 8, 2009 @ 8:47 am

We hear plenty about the dangers of gambling addictions. Perhaps this is because the compulsion to gamble doesn’t make sense to a lot of people, and it is always easier to vilify from a distance.  Or maybe it’s that gambling addictions seem dangerous because a gambler could lose everything in an instant.

By comparison, indulging in little purchases here and there seems rather tame. But even little purchases add up, and when you get a rush from spending, chances are you’ll spend more money and spend more frequently to continue to experience that comfort. Just like someone addicted to gambling, you could lose everything; it may not happen in an instant, but little warning signs ignored for years will add up and catch up eventually.

Compulsive spending and shopping addiction are very serious problems that don’t get as much attention as they ought to. As a result, there are likely many out there suffering in silence. If you suspect you are a compulsive spender, that bad news is that you may be right–but at least you’ve recognized that there is a problem that you want out of your life. Admitting you have a problem is, as they say, the first step. If you think you may have a problem with your spending, take a moment to run through some of the items that frequently appear on compulsive spending checklists:

Is pressure from debt affecting your home life? Is it affecting you on the job?

If you are constantly having fights with your loved ones over your spending, or if you find yourself unable to work because of worrying over your debts, these are classic warning signs of trouble.

Is debt changing how you perceive yourself? How others perceive you?

If you are constantly getting down on yourself over your debt, or if you are afraid for people to find out about your spending, these too are warning signs of trouble. Sometimes people with spending problems justify their behavior by telling themselves that they deserve the things they are acquiring because they are better than other people. If you catch yourself in this kind of rationalization, take it as a warning sign.

Do you play fast and loose when it comes to creditors?

If you’ve ever provided false information in order to obtain credit, or made totally unrealistic promises to your creditors, these may indicate a problem with compulsive spending.

Does spending or taking on debt feel better than it ought to?

Sure, everyone enjoys getting something new, and if you really need a loan and it comes through, it’s natural to experience relief. However, if you live for the thrill of spending, or if getting a loan makes you feel like everything is guaranteed to work out no matter what, your relationship to debt may be a poor one.

Does debt affect your health?

If you can’t sleep, if you drink or use drugs to avoid thinking about debt, your spending could have serious, lasting effects on your health, and that’s nothing to gamble with.

Luckily, more and more awareness of this problem is starting to reach the public. Organizations like Debtor’s Anonymous (www.debtorsanonymous.org) are out there to help people dealing with spending addiction.

If you have been struggling with spending addiction problems for years, you may find yourself drowning in credit card debt. If this is the case, keep in mind that bankruptcy can help you take care of your debts for good. Second chances are rare in life, but bankruptcy can provide that for you. If you have a problem, it’s time to take decisive action, and to get your life back on track.

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Published Thursday, August 6, 2009 @ 1:21 pm

The month of July 2009 saw yet another increase in the number of consumer bankruptcies filed in the U.S., as low employment and high consumer debt continues to be a toxic combination throughout most of the country with only little signs that an antidote can be found. The number of filings, 126,434, was a 34.3 percent increase from the same month in 2009 and 8.7 percent increase from June, 2009.

Most experts agree that the rapidly decreasing number of jobs is in direct correlation with the consistent increases in bankruptcies every month. Also contributing to the increase is the so-far ineffective Home Affordable Modification Program. According to a recent report released by the Treasury Department, the modification program has only benefited 9% of eligible homeowners. When loan modification efforts fail, many homeowners turn to Chapter 13 bankruptcy, which can immediately stop a foreclosure and allows the homeowner the opportunity to catch up on missed payments over a 5 year plan.

In each of the last three months, more than 20 percent of those who have filed cited they did so to avoid foreclosure. The data was compiled by the Consumer Credit Counseling Service of Greater Atlanta. The organization, a nonprofit credit counseling service, collected data from individuals from April to June and determined that counseling was not going to be enough to assist them in preventing foreclosure.

Even with banks being pressured by federal government (and the national court of public opinion) to work with mortgage holders, the majority of home owners are frightened by the chance they could lose the roof over their heads. This alarming trend also demonstrates, once again, that the White House is not doing nearly enough to promote or educate America on its Making Home Affordable program, which provides financial incentives for banks and mortgage lenders to alleviate the rate at which they foreclose on homes.

The report is also further evidence that a Bankruptcy Cramdown Bill is more critical than ever. A proposed legislative action that has recently shown renewed signs of life, the bill would allow bankruptcy judges to alter, or cramdown, a homeowner’s mortgage in conjunction with their approved bankruptcy plan.

As we discussed on the blog previously, Senator Dick Durbin from Illinois is fighting to keep the bill breathing, going so far as to recently issue many in the lending industry a three-month ultimatum to do more in stemming the tide of foreclosures or see renewed vigor in Congress to revive cramdown legislature. Financial Services Committee Chairman Barney Frank from Massachusetts, a lightening rod for all things controversial in government, is also pushing hard to bring the bill back to life.

Oddly enough, the cramdown battle is being waged between powerful Senate Democrats and President Obama. Meanwhile, Americans’ home loans flap helplessly in the wind of the recession.

If you are behind on your mortgage, bankruptcy can help you stay in your home. In North Carolina, contact the Law Offices of John T. Orcutt for a free initial debt consultation. 1-800-899-1414.

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Published Monday, August 3, 2009 @ 10:45 pm

Marriage is a partnership, and it works much better with each partner pulling his or her own weight. To avoid problems down the line, it’s a good idea for each partner to establish and maintain a separate credit identity. As a matter of fact, that is how the law will see it in all but the nine community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.) This means that if your spouse takes on a financial responsibility without you, you will not be legally liable for it, and vice versa. But it also means that good financial behavior on the part of your spouse won’t necessarily reflect on your credit report, even if you share in the actual payments. Here are a few tips to help you create and maintain your personal credit identity, apart from your spouse’s.

• Keep separate checking accounts. When people get married, they often choose to combine their checking accounts into one account both can access. This is certainly easier, logistically speaking, for maintaining a household. However, this exposes you to trouble if your spouse should turn out to have less than great habits with ATM withdrawals and checks. A better idea is to keep separate accounts, and also open a joint account for household use.

• Don’t take out joint credit card accounts or personal loans. This is another step many people take when they get married, but it’s a bad idea for some of the same reasons separate checking accounts are a bad idea. Besides, remember that in a bankruptcy filing, credit card debt can be fully discharged, and with separate credit card accounts, one spouse can file for bankruptcy without involving the other. In states which recognize tenancy by the entirety or similar forms of marital ownership, a judgment obtained by a creditor against one spouse will not become a lien against jointly owned property. However, if the credit card is a joint one, a judgment will attach to the property, possibly enabling the creditor to sell your home by sheriff’s execution sale! Talk to your bankruptcy attorney to determine how your spouse’s assets will be affected during bankruptcy.

• Understand how creditors are permitted to consider your spouse’s credit. When applying for credit in the non-community property states, a lender is not allowed to make a determination based on your marital status. Thus, he cannot ask to see your spouse’s information, unless her income will be  a basis for repayment of the debt.

• Make sure joint accounts with good records are reported on both credit reports. If you’ve been building good credit together on joint accounts like your mortgage or car loan, you want to make sure that the information is being reported under both names. If you find out it isn’t, you can write to the creditor and request that they report to the credit bureaus about both of you.

With tightening credit markets, having a separate credit identity is crucial to maintaining your family’s financial viability. If you or your spouse are overwhelmed with debt, talk to a bankruptcy attorney today to find out how a properly planned bankruptcy can help your marriage and your finances.

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Published Sunday, August 2, 2009 @ 10:02 am

You know it and we know it: There’s a lot of stigma behind the word bankruptcy. We’re here to tell you: If you’re considering bankruptcy, there is nothing to be ashamed of and don’t let anyone tell you differently. Bankruptcy has helped millions of families and businesses emerge stronger, especially in tough economic times.

The federal bankruptcy code has long been a carefully negotiated, well-thought out safety net to catch the financial pratfalls so many Americans take on occasion. It’s an outstanding testament to the state of cooperation, foresight and spirit of assistance that characterizes our country. Despite the pervasive stigmas, there is very little collective impact to the nation’s economic well-being as a result of individual bankruptcy filings outside of a number of Americans becoming once again financially stable and viable contributors to society. The collective impact of bankruptcy is a positive.

There is no doubt that America has poor communities. There are people struggling today–and there always will be. But the bankruptcy code helps to significantly prevent more Americans from ending up on the street. And no, that comment is not a stretch. With careful planning, you can emerge from bankruptcy in relatively good shape emotionally and financially.

Think about it for a moment: bankruptcy allows you to keep the things you really need: your home, retirement accounts, life insurance assets, college funds, and even your car. If you have those items intact after a bankruptcy, you remain in far better financial condition than the large population of indebted Americans who never file for bankruptcy. Why keep taking the hits on your credit when bankruptcy can immediately stop the hemorrhaging?

A quick search of the blog will produce a number of posts about life after bankruptcy. There is a reason for that: studies show that, without careful guidance, those who file for bankruptcy can end up in the same situation again in the future. Our goal is to help you before, during and after your bankruptcy so that you emerge from your bankruptcy with a solid financial footing.

It is interesting that people still feel a certain amount of discomfort about the idea of bankruptcy. One should wonder if that sort of stigma wasn’t fostered, or at least perpetuated, by the credit industry. Given the practices of collection agencies and credit card phone reps, it’s easy to understand how miserable they can make a person feel about missing a payment. Despite all of the misinformation you’ve heard from the credit industry about bankruptcy, it is still the best financial safety net for you and your family. If you’re struggling to pay the monthly minimums or getting behind on your mortgage payments, don’t wait another day. Call an experienced bankruptcy attorney and learn about your options. In North Carolina, call the Law Offices of John T. Orcutt at 1-800-899-1414 to set up your free initial debt consultation. Offices conveniently located in Raleigh, Durham, Fayetteville & Wilson.

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Published Friday, July 31, 2009 @ 9:38 am

Bankruptcy is a terrific way to take care of many kinds of debts. But you may have heard that not all debts will be discharged in a bankruptcy. As a result, and depending on the kind of debt you have, you may be worried that declaring bankruptcy would not really help you. What you may not know is how bankruptcy can help you with your debts, even the ones you can’t discharge outright.

Support obligations fall in this category of debt.  They include things like alimony and child support payments. Because these are priority debts, you will not be able to discharge them outright with a Chapter 7 bankruptcy, and, in addition, the automatic stay will not prevent collection efforts on past due support obligation payments.

Nevertheless, a Chapter 7 bankruptcy will help you get caught up and stay caught up on your support payments. First of all, when your unsecured debt is discharged, all the money you were spending on things like credit card payments will be freed for use toward your support obligations.

The protected status of support payments can be a good thing in the event that your case is a Chapter 7 asset case. In this rare kind of case, some of your assets will be liquidated to pay creditors. You probably would rather see the proceeds of your liquidated assets go to something like child support, rather than sending it all to unsecured creditors. In that case, your attorney should file a proof of claim on behalf of the support recipient, and this will ensure that most of the proceeds from the liquidated assets will be put to use toward your support payments.

A Chapter 13 bankruptcy will be even more helpful to you when it comes to past due support payments. Say you are really behind on your alimony payments. Your ex is pestering you all the time about the past due amount and you need some relief.  A Chapter 13 filing will allow you to work these payments into your repayment plan and allow you to catch up over the course of a 3 to 5 year repayment plan. Note that you must be careful to keep up with your ongoing post-petition payments; failing to make the new payments as they become due can put your case in jeopardy. However, with the help the repayment plan, you buy yourself time to manage old debts and therefore keep up with the new ones.

If you’ve been struggling to catch up on your child support payments and alimony, bankruptcy can help you get back on track. Even debts that won’t disappear in a bankruptcy can at least become manageable after a successful bankruptcy. You are probably aware already that unpaid support obligations can have very serious consequences; you could face hefty fines, problems with professional licenses, or even jail time, in addition to some very aggressive collection efforts. Besides all that, many people really want to make good on their support obligations, but their financial circumstances simply don’t allow for it. Because of this, it’s important not to wait until it’s too late to be pro-active about solving your debt problems. Talk to a bankruptcy attorney today before the situation gets out of control.

From the Law Offices of John T. Orcutt. Helping families with real debt solutions since 1995. Call today to set up a free initial debt consultation at one of our convenient office locations in Raleigh, Durham, Fayetteville or Wilson.

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Published Friday, July 24, 2009 @ 3:27 pm

Few of us learned much about balancing a checkbook, let alone managing our finances during high school. And for many years credit card companies have been trolling college campuses for fresh bodies to press into servitude. So it comes as no surprise that so many young adults are overloaded with debt. Young people, in their early to mid 20’s, are finding out how easy it is to get into debt, and how backbreakingly hard it is to get out of it. Add the present economy and virtual impossibility of securing a decent paying job, and you’ve got the recipe for a disillusioned, frustrated, and eventually hopeless generation.

It’s hard to imagine just starting out in life and being ‘in the hole’. Many of these debt-laden young people are still struggling through college, but many have given up on it. The stress of juggling classes, homework, limited job availability, and staving off the debt monster proves to be too much. They end up working two or three low paying jobs just to keep a roof over their heads and to service their debts.

It’s a catch 22: they can’t go back to school because they have to work to keep up their debt payments; but they can’t get ahead on repaying their debts because they can’t go back to school to get a better job and earn more money to be able to pay more than just the minimum payments and the usurious interest and fees added on. That’s no way to live.

Enter the concept of bankruptcy. Bankruptcy could help many of these young people get off the debt treadmill and get on with their lives. Now, bankruptcy will not be able to get any student loans discharged, (unless the person can show ‘undue hardship’), but it could remove the unsecured debt, thereby freeing up money that be used to pay back the student loan debt. Also, the Department of Education has launched a program, passed in 2007, which will reduce student loan payments to a lower percentage of income, or remove them altogether in the case of very low income. Better yet, if the person returns to school, their student loans can be deferred for as long as they remain a full time student.

But what about getting access to more money to pay college tuition and expenses after filing bankruptcy? Many people are under the impression that filing bankruptcy cuts off your ability to borrow money for a very long time. That’s partially true, but unlike most credit, government guaranteed educational loans are not based upon credit history or income. They are called Title IV loans, and they must be extended if you meet the statutory and administrative criteria. As long as there are no other eligibility issues, such as a student loan in default or drug conviction, the government is restricted from discriminating against those who have filed bankruptcy under § 525 of the Bankruptcy code , however, there are limits to the amount of government loans you can receive each year.

Although default on an existing educational loan may effect your ability to get a subsequent loan, the filing of a bankruptcy in itself should not. To be sure, filing bankruptcy will affect your ability to secure loans from private entities. But then again, those opportunities wouldn’t have been available regardless of whether or not bankruptcy was filed because negative reporting on a credit report would have caused the private loan application to be rejected regardless.

For many young people, filing bankruptcy is a necessary, if unexpected, step toward improving their future. But so is a college education. It is the only long-term solution to their financial woes. And government backed student loans can not be withheld because of a bankruptcy.

If you’re having trouble paying your student loans and other debt, consider bankruptcy as an option. Call the Law Offices of John T. Orcutt today to discuss your options. Offices in Raleigh, Wilson, Fayetteville, and Durham.

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Published Friday, July 24, 2009 @ 8:54 am

In 2005, the Bankruptcy Abuse Prevention and Consumer Protection Act was passed, according to the lending industry, to curb the serial filings of perceived “bankruptcy abusers”. The Act’s passage gave rise to the bankruptcy means test, time limitations between filings and higher filing fees. It also complicated the petition process, making the hiring of an experienced attorney a necessity.

As a result of the Act, heavily lobbied by the credit industry and its lobbyists, bankruptcies declined quickly. The year prior to the Act’s passing, there were 6,339 bankruptcy petitions filed during a typical business day. In 2006, the number sharply decreased to 2,372 per day. This year, as America struggles to cope with an economic downturn some say is surpassed by only The Great Depression, personal bankruptcy filings have bounced back to almost 5,600 per day.

The quick jump in the last 18 months demonstrates the severity of the financial morass in which we are all wallowing. The American Bankruptcy Institute (ABI), a 12,000-member organization that provides non-partisan research and education on financial insolvency for professionals, the government and the public, cites that in many areas of the country, per-capita bankruptcy rates have tripled since 2007. More to the point, the ABI’s research shows that bankruptcy remains a last resort for the majority of those who file and that it is not something people tread into lightly.

A professor of law at the Illinois College of Law and a national expert on bankruptcy, supports the ABI’s findings, stating, “… bankruptcy is not really the problem. It’s a symptom.” The ABI predicts that by the end of 2009, 1.4 million people will have filed bankruptcy.

Lawless also points out that bankruptcies lag behind market conditions. In other words, the filings today represent conditions from the fall of 2008 and winter of 2009. As unemployment continues to climb and the financial setbacks refuse to ease this summer, bankruptcy courts will remain busy throughout 2010. Needless to say, Mr. Lawless is not optimistic about the immediate economic future of the country.

The 2005 act is still having an impact, however, as many experts agree that had it not been passed, today’s bankruptcy filings would be above that of the modern annual record of 2,000,000 established in 2005 just before the act became law. It should be noted that the years leading up that record were not the most productive for the United States either, providing additional indication that today’s bankruptcy filings are not solely rooted in irresponsible spending and too much credit.

If you’re feeling the effects of the current recession, bankruptcy can help safeguard your family’s financial future. Call a bankruptcy attorney today. In North Carolina, call 1-800-899-1414 to set up a free initial debt consultation.

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Published Tuesday, July 21, 2009 @ 11:05 pm

Might we be witnessing the end of the credit card era? Possibly, if the word of several anti-charge card advocates continues to influence America like it has been. Making what these outspoken proponents of debt-free consumerism have to say even more relevant is the fact that America appears to skidding head first down an economic backslide that was built primarily on a foundation of easy credit.

Recent news is indicating that consumers are beginning to strike back against the aggressive lifestyle marketing of credit card companies. A finance student from Virginia who manages a Web site at www.enemyofdebt.com sees credit cards as the primary cause of erosion of our conservative, long-term wealth building strategies. In a recent interview with CNN.com, he stated that “Credit card debt is our biggest hindrance in being able to take care of our families and set ourselves up for prosperity…”

According to the Unites States Treasury Department, 44 percent of American households maintain a balance on their credit cards. Even more staggering is the $15 billion (with a “b”) that we pay in penalty fees every year; a number so big it helped push the passage in the House of legislation designed to protect consumers from the unreasonable hikes in interest rates, penalties and the “shadow fee” strategies employed by so many credit card issuers. That bill is moving its way through the Senate and has substantial White House support.

In truth, credit cards are not by themselves nefarious. They are simply the manifestation of our desire to “have.” That message is delivered clearly by another radio talk show host, Chuck Bently. He preaches on 800 station signals that the real issue is personal self control, citing that with the right mindset, credit cards can be useful financial tools. Mr.Bently is the CEO of Crown Financial Ministries.

Another financial advice blogger, Jason White of www.frugaldad.com, believes credit cards can be beneficial. “I heard a great analogy once, that credit cards are kind of like power tools: They’re a great convenience, they can get the job done faster, but they can be dangerous, definitely, in untrained hands …”

The vast majority of Americans understand that credit card usage can lead to financial trouble and be a primary reason for filing bankruptcy. One credit card leads to another, and before you realize it, you’re in a losing battle to meet multiple minimum payments. All it takes is one emergency, whether it be a layoff, medical expense, or even an expensive car repair to put you in a dire financial situation.

If you’re struggling with credit card debt, it’s important to realize that bankruptcy is the best option to take control of your financial situation. Speak with a bankruptcy attorney today to discuss your options. In North Carolina, call the Law Offices of John T. Orcutt to set up a free initial debt consultation. 1-800-899-1414.

Cary bankruptcy attorney. Durham bankruptcy attorney. Chapel Hill bankruptcy attorney. Sanford bankruptcy attorney.

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Published Tuesday, July 21, 2009 @ 7:20 am

The dirty tactics of credit card companies have been public knowledge for years, but it’s only recently that the government has begun taking steps to protect consumers from some of their worst methods. Unfortunately, the Bankruptcy Code reforms that passed in 2005 were basically written by the credit card companies, who paid millions in lobbying dollars to cram the bill through. It should come as no surprise that these companies will try anything to make your bankruptcy explode in your face. The very same companies that employed their most persuasive tricks to get you to spend beyond your means will make an about face during your filing and accuse you of fraud.

It used to be possible to avoid the credit card fraud challenge by declaring bankruptcy under Chapter 13, but one of the changes to the Bankruptcy Code added in 2005 was to get rid of this option. Thus, it used to be that even people who had obviously taken out credit cards with the full intention to abuse the system would be absolved by committing to three years of diligent payments. People who genuinely had not committed fraud but were afraid of facing such a complications could opt for Chapter 13 to save the hassle. But not anymore. Nowadays, even a Chapter 13 filing is vulnerable to a challenge of fraud from credit card companies.

The credit card companies’ argument basically goes like this: even though they sent you a pre-approved credit card, they knew you weren’t working, and they looked at your credit report before approving the account, you acted fraudulently by incurring debt and subsequently filing for bankruptcy. However, from a legal standpoint, it’s very difficult for a creditor to prove that at the time you incurred your debt, you did not intend to pay it back. The burden of proof is on the creditor, and it is especially a tough sale if the majority of debt was incurred months or years prior to the bankruptcy filing.

It’s important for courts and consumers alike to make the credit card companies carry the burden of proving their case. Know that you have the opinion of many courts on your side. Some courts have found that credit card companies that had the ability to look at a credit score but extended a credit card to someone with demonstrably bad credit cannot claim that that person behaved fraudulently in opening the account.

Sometimes credit card companies will advance the argument that you lied in the statement of your financial situation, but these days, when they ask for so little information to begin with on the forms, this argument doesn’t hold water. In order to prove that you committed fraud when you stated your income, the credit card company doesn’t have a slam dunk just because it can show that your actual income was lower than what you reported. They actually need to prove that you knew your statement of income was false, that it was your intention to mislead the creditor, and that, had the company been the wiser, they would not have approved your application. If it sounds like a pretty tall order, that’s because it is.  It rarely works.

Although fraud allegations can be daunting, they are extremely rare. If they do come up, don’t be afraid to challenge them. Your bankruptcy attorney will help you analyze your situation to see if the challenge is likely, but remember that the burden is on the company to prove their claim.

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Published Monday, July 20, 2009 @ 8:35 am

It started about 15 years ago with the promise of an untold number of deposits into your bank account, supposedly from Bill Gates, for just sending an e-mail. Little did we know that with the click of the “forward” button, we pushed the proverbial SPAM boulder over the crest and created a perpetual avalanche of dangerous, credit-crushing e-mail based nonsense.

E-mail based crime is responsible for a great deal of debt for people that have done nothing more than react to a message from a friend. And once we identify ourselves formally or agree to a “balance transfer” offer, it is quite often too late to go back. Very slick and apparently authentic e-mails can come from your bank, your current credit card company or a “friendly” debt counselor. The odds are very good that if the message made it into your inbox, it does not contain any sort of overly-aggressive virus that will shut down the neighborhood grid just because you looked at it curiously, so don’t be afraid about reading the content of message you are unsure about to learn more about it. In fact, after scanning only a couple of lines, you should be able to tell right away how much of your money its sender is trying to steal. (Usually, as much as they possibly can.)

Remember that no credit card company or legitimate bank will ask you for personal information or account number verification via e-mail. If you are still unsure, call the company and inquire about the e-mail. Do not, however, call any number that is included in the e-mail. Yes, these scam artists are sophisticated enough to set up bogus phone numbers. You may literally be calling an extra line in their mother’s basement established to sound just friendly enough to help you verify your credit card number and it’s three-digit verification code.

Most bank and credit card company Web sites contain pages of information about privacy and might also have examples of bogus e-mails just like the one you are concerned about.

Once you’ve determined that the message is an attempt at theft, don’t respond to it. Regardless of how angry you are or how clever you think your insult, responding only verifies your e-mail address as real, and that means it goes on another list for another scam. Simply mark the message as SPAM using the appropriate software and move on. Plus, you are not going to tell them anything they have not heard before.

Watch for e-mails that appear to be from people with very common names that sound like someone you know. This technique farms the names in your inbox and creates conglomerate sender identities. For example, your friends Sara Jones and Matt Smith can become Sara Smith from Jones National Bank touting a new, lower rate for all balance transfers of more than $5,000. Wow, thanks for the update Sara!

Basically, good e-mail management should be considered a major component of a sound financial management strategy. Exercise extreme caution whenever an email or website asks for personal information, and remember: If it sounds too good to be true, it probably is.

From the Law Offices of John T. Orcutt. Call today to set up your free initial debt consultation. 1-800-899-1414.

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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. So here are some important tips to help you become an economically-conscience consumer.

• Like buying shoes, don’t purchase cable channels unless they are on sale or part of a long-term promotion. Remember that cable companies rely on customers forgetting about the incentive’s termination to lock you into paying the increased rates. Mark your calendar on the day it ends and cancel. More than likely, they’ll continue to offer it to you. Don’t forget about the pay-per-view channels, which allow you to buy only one show or movie at a time.
• Like going to movies? So does most of America, which explains the $100 million opening weekends for just about any half-way decent film. Before even sitting down in your seat, provided a contingent of un-supervised pre-teens haven’t “saved” them for the rest of their sordid lot, it’s easy to spend $25.00 on the ticket and a trough of popcorn. You can see the same thing everyone else does for $5.50 by going on a weekend afternoon and not buying any of what’s lurking behind the counter. Not only will you avoid the calories, matinees are also the best way to avoid the swarms of irksome youth that pay more attention to the next incoming text message than what’s happening on the screen.
• Try to avoid any sort of club that charges a monthly a fee unless you can reasonably justify that your use of its service will cover the fee. Fitness clubs, for example, literally bank on the fact that members will not use the facility. Most gym members cease attendance after six weeks. Instead, check with your employer about wellness discounts or reimbursements, as many companies today offer these incentives to promote employee health (and to avoid paying medical claims). If fitness is important to you, then find a gym that does not require long-term contracts. A good deal of Web sites charge monthly fees as well. Truthfully, there is very little content on the Internet that will not become public in very little time. Premium memberships and site subscriptions are rarely worth it. This goes for magazines, too. Use their respective Web sites for the articles.
• People find a surprising amount of money to be saved by curbing random food purchases. Snacks while getting gas, vending machine walk-bys and quick pit stops can really add up. Prepackaged food is extremely expensive by volume and rarely healthy. Avoid it whenever possible. Try to remind yourself that you paid for the food that’s at home. Just because it’s in your kitchen doesn’t mean it was free. Don’t waste your money or jeopardize your health.

This brief list is only a random selection of ways to save money. Remember though, every little bit helps, especially when you are trying to rebuild your financial wherewithal. There are countless ways to cut back and still live exactly the type of lifestyle that suits you and your family. Give it a shot.

From the Law Offices of John T. Orcutt. Convenient offices in Raleigh, Durham, Fayetteville and Wilson. Call 1-800-899-1414 today to set up your free initial consultation.

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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.

Bankruptcy research suggests that close to 10 percent of all filings are connected to gambling. If you are already considered a “compulsive” gambler, then you may be one of the 20 percent who eventually file bankruptcy. If that is the case, know that the bankruptcy court is going to view your gambling debts much like it does other debts. That is, was the debt incurred with the intent to repay? For a compulsive gambler, that question is up in the air and where the answer lands depends heavily on how the money to gamble was obtained.

Not surprisingly, credit cards play a role in gambling debt. For those who walk in to a casino with a wallet full of positive cash and leave with it empty, no real debts have been incurred. The problem arises when a person uses a credit card for a cash advance. As you might imagine, the majority of bankruptcy lawsuits relative to gambling involve credit card companies.

Again, like most debt, a judge is going to use other facets of your financial history to determine your intention to repay the credit card company for the cash advance. Prior to filing, your attorney will want to know everything about your gambling habits, including how much of your debt was gambling related, how recent your gambling-related debt was incurred, and whether you reasonably believed you would be able to pay back your creditors. If there is an objection to your bankruptcy discharge, the court will thoroughly examine your gambling history to determine whether you acted with an intent to defraud your creditors.

Las Vegas may still be the world’s gambling mecca but one does not need to go far to find a casino. Whether on a riverboat, Indian reservation or just across our northern border, the opportunities to double down are plentiful. Thus, gambling losses are a common cause of bankruptcy.

Again, it’s important to understand that like the eligibility for discharge of other kinds of debt, a bankruptcy judge is going to weigh a number of factors in your financial history. First and foremost, if gambling is the primary driver of your reason for bankruptcy, it’s possible you have a problem. Your first stop then, should be getting help to put the brakes on your gambling.

Next, contact a good bankruptcy attorney. In North Carolina, call the Law Offices of John T. Orcutt at 1-800-899-1414. We can help you put into perspective your gambling debts and get you on the road to a more healthy financial future. You can bet on it.

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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. A few examples:

A gentleman traveling through Pennsylvania was pulled over for an expired registration on his Hertz rental car. Despite repeated attempts to reconcile the issue with Hertz, he was notified by the company that collections activity was underway because of the unpaid ticket. After several automated phone trees and countless customer service agent assurances the matter would be handled, he feared his credit report was in jeopardy. It took months to clear up the issue.

A woman in California was not notified when her flight changed, resulting in her missing a plane to Los Angeles. After buying a new ticket, she disputed the charge with her credit card company, which agreed to alleviate the cost. Delta Airlines was not so accommodating. They are starting collections activity.

A woman using Travelocity faced technical problems on the site and called the company to finalize the travel plans and place deposits. However, the original booking was processed and a month after she returned, she found out she had been charged twice. Once again, despite customer service assurance all would be handled correctly, she was notified of collections activity. She ended up paying an agreed upon settlement with the collections agency under protest and was eventually able to be refunded thanks to her repeated efforts to convince Travelocity and the cruise line of the mistake.

If you have recently emerged from bankruptcy or are in any stage of trying to improve your credit, be aware that traveling now poses a risk to your financial credibility. Adding complication to the matter is the fact that traveling involves spending money in far away places, which can translate into having to deal with money problems and disputes over the phone or e-mail, adding substantial frustration to an already tedious process.

Just because an expenditure happened in another state or country doesn’t mean your rights change. Under the Fair Debt Collection Practices Act, a collections representative must follow-up in writing within five business days of phone contact in regard to a debt. After that notice, you can dispute it within 30 days. It’s best to do so in writing by certified letter, not by e-mail, to ensure its delivery.

Also, be able to determine a collections threat from the real thing. Many collections industry experts agree that most first contact is just a hard-nosed tactic to influence someone they believe owes money. Most often, it works; especially when someone has just returned from a trip and feels that the nature of the spending alters the playing field. If you owe less than a $1,000, the first contact is typically just a threat. Use that time to understand your rights and if needed, engage the services of an attorney.

One of the most surprising aspects of these examples is the speed at which the collection efforts get underway. If you are planning a trip this summer, be aware that if a financial complication occurs along the way, it is best to try to solve the matter as soon as possible. Also, don’t wait or rest on assurances from the companies you are dealing with. Speak to managers and get things in writing. A vacation is supposed to be relaxing, not a financial nightmare.

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Published Wednesday, July 15, 2009 @ 12:18 pm

The Associated Press is reporting that banks will soon start employing variable interest rate strategies on most credit cards. This means that the days of the fixed rate card are numbered.

It should come as no surprise to you, our loyal readers, that is in response to the federal government’s crackdown on sudden interest rate hikes, vague terminology relative to fees and an industry-wide, consumer-unfriendly marketing approach. The new laws, which will take affect next year, are part of a sweeping legislative effort to help stabilize Americans’ increasing debt load.

The two largest issuers of credit cards in the country, Chase and Bank of America, are on the record stating that most fixed-rate cards will be switching to variable in August. Discover Card has already enacted some of the changes. It will not take long for the rest of the industry to follow in lockstep.

While industry representatives see the step as a helpful one for cardholders, most consumer-advocates are leery. A variable rate may at times offer a lower interest incentive to card users but there is little doubt that an increase will catch many cardholders off guard.

By all means, it is critical for an individual to self-govern in terms of card usage. However, the industry has come under fire for employing complex tactics that require consumers to monitor countless agreement terms every month. A variable rate, which will be based on the fluctuations of the prime rate, simply means there is one more plate in need of spinning. And with more than 230 million card holders between Chase and Bank of America, a lot of porcelain is bound to be broken.

The banks are stating that the variable rate strategy will help them off-set the growing cost of issuing credit. Traditionally, fixed rate cards were reserved for the best customers. However, they rarely remain fixed, as banks adjust them suddenly if they feel a user becomes a higher risk. As it turns out, this happened to hundreds of thousands of customers as the recession stole jobs and cut income. Therefore, the credit card companies bumped rates endlessly, driving people into debt and contributing to the nation’s number of bankruptcy filings.

Now, fixed rate cards are going to be quite rare and banks will have to actually use good judgment when issuing such a credit card to a customer. One bank official in Charlotte, on behalf of Bank of America, said that the new legislation will “… limit our ability to re-price based on risk.”

Isn’t that the point?

The current low prime rate is also contributing to the banks’ decision because they believe a variable rate attracts more users of credit. There are certainly plenty of arguments about the critical nature of new credit in business lending but the consumer banking world should exercise extreme caution if trying to use credit as a means to stimulate spending. We’re simply no where near even the edge of the recession woods yet.

Of course, that’s never stopped the credit card industry before.

If you’re struggling with credit card debt, it’s time to think about bankruptcy. In North Carolina, contact the Law Offices of John T. Orcutt for your free initial debt consultation. 1-800-899-1414.

Raleigh bankruptcy. Durham bankruptcy. Fayetteville bankruptcy. Wilson bankruptcy.

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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? Well, no one is telling you that you can’t. However, it is important that you gain that lifestyle using reasonable financial judgment and the discipline to spend within your means. To do that, especially after bankruptcy, taking time to assess your spending habits is a critical exercise. You never know, a simple look at the numbers may reveal some recurring trends of which you were not aware that could lead right back down the spiral.

First and foremost, accept the fact that a in-depth look at your spending practices will reveal that you are probably wasting money unintentionally. And again, everyone is. Even those who you may believe are “rich” are wasting money. So, when perusing the monthly expenditures, keep an eye out for the little things. For example, the amounts spent on a lunch out here and there, the extravagant coffee, trendy soft drinks, packaged snacks or check-out aisle impulse buys. (Did you really need extra batteries just to put in the kitchen drawer?)

What about the extra channel cable package that you agreed to a few months back? At the time, the incentives were great. More channels! Less money! Well, the three-month promotion is long over and the only thing you are watching are dollars fly out of your checking account. Not exactly “appointment television”, huh?

How many other promotional time periods have expired you may have forgotten about? Try looking at your credit cards. Credit card issuers make their profits on surprise interest rate adjustments. Even if you think you are still paying 6%, the odds are pretty good that some random expenditure or momentary spending milestone has triggered a double-digit spike in your interest rate or added a monthly fee. Be wary.

In this exercise, mindset is everything. Remember that wealth is relative. A salary of $100,000 per year is outstanding for some and paltry for others. The idea is to create a lifestyle around what you earn. And yes, there are a lot of societal pressures to have more, to buy this, to be seen in that. Take time to consider the real importance of material things. Seriously think about the value or benefit you get from buying a new car for $25,000, financed for seven years, versus the benefits of a buying a solid used car for $8,000 that you saved for or could pay off in under a year?

Think of buying cars as an investment. The point of investing in something is to receive a return on your asset. Well, cars are depreciating assets. And there is nothing worse than debt on a depreciating asset. In other words, you lose money on a new car. From that perspective, buying a reasonably priced, dependable used car for less money makes you a smarter investor.

Like your over-priced car, seek other things around the house that you could sell or replace to not only relieve debt but to alleviate your lifestyle from the need for “stuff.” While it sounds a little bohemian, learn to be happy with less. And a good, in-depth analysis of where your monthly dollars are heading is the best start.

From the Law Offices of John T. Orcutt. Call today for your free initial consultation. 1-800-899-1414.

Cary bankruptcy. Apex bankruptcy. Greenville bankruptcy. Rocky Mount bankruptcy. Angier bankruptcy.

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Published Thursday, July 9, 2009 @ 11:23 am

But you must resist!

You’ve caught on to the fact that certain kinds of debts are “better than others.” Knowledge is a good thing, but don’t get confident that you’ll be able to pull a fast one by trading off a non-dischargeable debt for a dischargeable one. The consequences simply aren’t worth it. Here again is another great reason to count on an experienced bankruptcy attorney when filing your case; he will help you act strategically to maximize the benefits of bankruptcy while helping you avoid the pitfalls and mistakes.

Most loans are unsecured and will thus be discharged altogether in most Chapter 7 cases, and discharged after successful completion of the payment plan in a Chapter 13 bankruptcy. With this knowledge, some people get the bright idea to, for example, take out a new credit card, max out the cash advance, and use that to pay some non-dischargeable debt. They then file for bankruptcy hoping nobody will catch on. Huge no-no.

If you file for bankruptcy and the person who made that loan to you can prove that you were already contemplating the bankruptcy, he can petition the court to have the discharge denied on the basis of fraud. Even worse, he may be able to persuade the court to deny discharge altogether, not just for his debt but for all your debts. A Chapter 7 or 13 bankruptcy can be outright dismissed on bad faith grounds if the creditor can prove what you did.

To prove a fraud claim, the creditor will need to show that, at the time you took out the unsecured loan, you did not intend to pay it back, so obviously the court is going to consider things like the interval between the loan and your bankruptcy filing. This is a huge headache you don’t want for your case.

Yet another reason you want to avoid one of these shady deals is that some of the debts you are trying to pay off may be priority debts, and if left unpaid, they could help you pass the means test. In other words, by paying down the priority debt with an unsecured line of credit, you might make yourself ineligible for a Chapter 7 altogether or make a Chapter 13 much more costly than it needs to be. Examples of priority debts include taxes, child support, alimony or personal injury claims arising from driving under the influence.

You might also want to keep in mind that the trustee can take back payments made to non-dischargeable unsecured creditors made within 90 days of the bankruptcy. So let’s say you take out a cash advance, use the money to make a big payment on your non-dischargeable student loan, and then file for bankruptcy. If your trustee decides to take the payment back, you still owe the original creditor, PLUS now you owe a new guy you took out the cash advance with. What a waste!

Trickery looks inviting, but it can land you in big trouble. Play it safe and stay away from anything that looks like fraud.

If you’re in North Carolina and considering filing for bankruptcy, contact the Law Offices of John T. Orcutt today. With convenient offices in Raleigh, Durham, Fayetteville and Wilson, call 1-800-899-1414 to set up your free initial debt consultation.

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Published Thursday, July 9, 2009 @ 9:22 am

Bankruptcy and personal money management are tightly intertwined. As you read through the blog you will probably notice that a lot of our posts will offer advice and tips on saving, how to avoid scams and general philosophies about preserving financial stability.

Here is another post about how to hang on to more of your money, which is especially useful for anyone coming out of bankruptcy or performing some initial research. These tips involve banks, which many people believe want to help you with saving money. However, that is not always the case. In fact, it’s becoming quite the opposite.

Banks (and credit card companies) are in attack mode. Surprise fees and quick interest jumps are now an everyday occurrence and customer service operators are busy as ever routing the complaints. Here are a number of examples:

• Checking accounts: This is basically a fee to use your own money. Many banks will give it to you for free if you have other accounts or a loan. Once that loan is paid off (isn’t that the idea?) they will add a fee for your checking. Most likely without notice. Some will charge you now if you don’t carry a specific balance or use enough checks each month. Don’t assume your checking account is free.
• ATM fees are very unreasonable, across the board, if you don’t use your own bank’s ATM. Some surcharges are reaching toward $4.00/transaction. The only way to make this affordable is to take out more money, thus lowering your cost of getting the money. Still, you probably only need $20, not $400. Use your own bank but if there is still a fee, go inside to a teller.
• But wait … many banks now charge to use tellers! Complaints are piling up about the reinstatement of teller fees. As hard as it is to believe, it was once quite common but drew significant flack from national consumer advocates. Looks like we’ll need their help again.
• Overdraft charges are also becoming steep. While many banks began to offer accounts with no overdraft fee as an incentive, watch for it to kick-in unexpectedly. Also, it does not help that a bank allows you to take more than you have from an ATM and then has the nerve to hit you with an overdraft penalty.
• If you deposit a check that bounces, you get slapped with the penalty. Ouch. How were you supposed to know?
• You get charged for the ATM, charged for speaking with someone, so how about the phone? Nope. Fees are popping up for calling the bank, too.
• Visiting a brother in Canada? Well, you should now expect to pay to get currency converted. Expect to get lopped off at the knees on the front end, when exchanging the money and at the end when converting back to dollars whatever foreign currency you have left over.

As most of us try to avoid using credit cards and the fees they are implementing before new laws kick-in to prevent that very thing, it seems that even working in cash will cost us. Basically, it’s become a tough world in which to try to stay debt-free. For those teetering on the brink of a major financial setback, don’t let a surprise fee push you into the abyss.

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Published Wednesday, July 8, 2009 @ 2:14 pm

Even though it completely runs in opposition to the intended goal, many states allow creditors to seize your wages should you not be able to pay a debt. The contradiction is easy to see: how can you pay your debts if your income is diminished?

Evidence is now on the table that bankruptcies are filed at a much higher rate in every state that empowers creditors to reach into your paycheck directly to get their money. The impact stems from the fact that if a creditor seizes funds directly under such a state law, they limit a person’s ability to pay other creditors as well. So while one company may get paid back, all the others to which money is owed have substantially less chance of being paid. Simply put, garnishing wages only serves to severely weaken an individual’s economic wherewithal.

The news of the connection between wage garnishment and bankruptcy stems from a three-year study by the Associated Press, which tracked millions of bankruptcy records across all states by using an “Economic Stress Map.”

Thankfully, North Carolina prohibits the practice (except in extreme cases of child support neglect and tax delinquency) and as result, the Tar Heel state has only a third of the bankruptcy filings as Tennessee. South Carolina, Pennsylvania, Florida and Texas are other states that do not allow or limit a creditor’s rights to take money directly from your paycheck. However, in North Carolina, your wages may be garnished for such debts as student loans, child support, or back taxes. If your wages are being garnished for any reason, it’s important to realize that bankruptcy can put an immediate stop to the garnishment, and put you back on the track to financial freedom.

Although most courts limit the amount of money that can be seized, for just about everyone facing financial problems of that magnitude, the slightest reduction in monthly income can create serious turmoil. More over, it can quickly lead to increased stress in an individual relative to their money woes, leaving them to feel powerless and invaded.

Making matters worse are reports that the level of aggression relative to wage garnishment is on the rise in the states that allow it. Basically, creditors are seeing more competition for money that’s owed and as a result, want to be first in line. The approval to garnish wages is often the winning strategy.

A woman in Alabama had been in a relatively sound financial position until debts incurred from assisting a former roommate came back to haunt her. Able to afford her mortgage and recently paying off thousands in credit card debt, she was suddenly over-burdened as a result of her roommates inability to pay. Once the wage garnishments started, she couldn’t adequately handle any of her debt and filed bankruptcy to protect herself.

Thankfully, North Carolina is one of the five states where judges rarely allow wage garnishment. However, this won’t stop a creditor from suing you and attempting to collect in other ways, such as attempting to levy a bank account, or worse, attempting to sell your house through a sheriff’s execution sale. If you are facing overly aggressive bill collectors, contact a bankruptcy attorney today. Bankruptcy will stop the bill collector calls, stop a lawsuit, and put you back on your feet in these tough economic times. Call a bankruptcy attorney today.

The Law Offices of John T. Orcutt, with offices in Raleigh, Durham, Fayetteville, Wilson. Call today to set up your free initial debt consultation. 1-800-899-1414.

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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. Once again, California’s troubles are contributing to the notion that owing “billions” doesn’t equate to a reason for panic. Not in this recession anyway, in which “owing billions” has become rather commonplace for companies, governments, banks and ponzi-scheme orchestrators.

As of July 2, should the state legislature and Governor Schwarzenegger not reach terms on a way to make up for the $24 billion shortage between what they make and what they owe, state employees, small businesses statewide and other municipal organizations will be issued IOUs instead of checks. Those who work for the state have already been ordered to take a third day off each month until otherwise told to get back to work.

The state is in the hole for $3 billion in the month of July alone. By September, estimates say it will be closer to $7 billion.

As is typical in most government-run debt reduction strategies, two political parties are in disagreement over how to seal the economic fissure that has shaken the state’s finances to their core. The Governor wants to minimize tax increases, borrow and cut existing budgets. The state legislature wants to increase taxes and minimize existing cuts. A bridge needs to built somewhere.

Not at all unlike the cause of financial problems for so many individual Americans, California has simply spent more than it makes. Years of immeasurable cost of living increases, unreasonable home values and already impressive tax burdens have initiated an exodus from the Golden State. Citizens have retreated back to other parts of the country. In a recession of this magnitude, California is a difficult place in which to live.

The state controller has made some beneficial spending decisions along the way by setting aside $424 million for education and other debt payments. However, that money is typically allotted as payment to state vendors and other small businesses. As a result, companies that work directly with the state are having to cut staff, perpetuating the ugly cycle of unemployment that continues to decimate the country. All told, close to $200 million in personal income and tax refunds to corporations are being denied.

The state-issued IOUs are hardly a confidence-builder for state employees, let alone the state agencies that provide mental wellness and health care, services with already dollar-thin budgets. An IOU doesn’t treat an Alzheimer’s patient or pay for a breathing tube.

This is the second year in a row that the land of redwoods has been felled by a financial crisis. Should a budget be agreed upon before the holiday weekend, don’t expect any celebratory rockets’ red glare above Sacramento. The state’s ongoing operational fiasco is historic. In a state of that size with such drastically disparate political mindsets more concerned with the sound their horns make when rammed together than the well-being of its citizenry clinging to the last handhold above an economic crevasse, the odds of any solution being more than temporary are slim to none. Closer to none.

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Published Friday, July 3, 2009 @ 6:46 am

Try saying that title three times fast!

The right to an unconditional discharge of your debts is a cornerstone benefit of filing for bankruptcy protection. It would be nice if this right was limitless, but like all good things, the ability to discharge debt has some boundaries. Recent taxes, student loans, and alimony are just a few examples of debts which will not be discharged by bankruptcy. However, even within the broad class of non-dischargeable debts, there are two important categories: Priority and non-priority. The priority classification of the non-dischargeable debt will determine how the debt is treated in your Chapter 13 plan, and can make a huge difference in the ultimate success of your bankruptcy. The distinctions can be tricky, so always consult with an experienced bankruptcy attorney who will thoroughly analyze your debts and plan your bankruptcy accordingly.

So here’s the skinny: Debts that are non-dischargeable are classified into two main categories by the Bankruptcy Code: priority debt and non-priority debts. As the name suggests, priority debt has to be paid before non-priority debt is touched. The most common types of priority non-dischargeable debt are domestic support obligations (such as child support and alimony), taxes incurred within the past 3 years, and debt related to personal injuries caused by drunk driving.

These categories can actually be quite helpful to you if you end up filing for Chapter 13 bankruptcy. Since you will pay for priority debt before you pay for non-priority debt, the rule will allow you to devote Chapter 13 payments to debts you would not be able to get rid of through bankruptcy anyway. On the other hand, priority debt has to be repaid in full over the life of the Chapter 13 plan, and if this makes your plan unaffordable, a Chapter 13 might not be an option. However, if you have a lot of income, a high amount of priority debt may be enough to help you pass the means test, frequently a hurdle for bankruptcy filers.

The majority of non-dischargeable debts are non-priority. Some examples include student loan debt, debts arising from intentional misconduct, divorce related obligation debts and some taxes. A non-priority non-dischargeable debt doesn’t get special treatment in Chapter 13, so it cannot receive more money in a Chapter 13 plan than the other debts in the same category. Thus, in your Chapter 13 plan, you cannot pay more money to student loan debt than you do to unsecured creditors like credit card companies.

As you can see, the classification of priority vs. non-priority debts is an important factor to consider when planning your bankruptcy. If you are struggling with debt and would like to find out how bankruptcy can help you get back on your feet, contact a bankruptcy attorney today! Serving North Carolina residents, the Law Offices of John T. Orcutt offers a free initial debt consultation, and can help you sort out your priority and non-priority debts. Call today to set up an appointment. 1-800-899-1414.

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Published Thursday, July 2, 2009 @ 9:42 pm

On the eve of Johnny Depp’s latest film about infamous Depression-era bank robber John Dillinger, a new kind of bank hold-up is being executed with unfortunate regularity around the world. Apparently, the rise of interactive online gaming has spawned virtual outlaws who literally rob businesses in their game’s virtual world and sell the loot to other players for the real thing.

In many online gaming environments, people gain power and social status very much the same way they do in the real world: with money. In the most recent case, which has helped establish the practice as a more common act of criminality, an Australian man arranged a scheme through a “black market” Web site for this very thing, to swap virtual dollars for thousands in real cash to cover a growing list of debts.

In this instance, the world was within EVE Online and the player, who is only identified as Richard, was the CEO of EBank, one of the game’s most recognized financial institutions. In these gaming environments, regular players who build solid reputations as trustworthy executives, quickly rise to respected posts within the community and just like on the real Wall Street, become purveyors over everyone else’s money.

A spokesman for the company that developed the game, which has more than 300,000 subscribers each paying at least $15 per month, described the crime in blunt terms. “Basically this character was one of the people that’s been running EBank for a while. He took a bunch of (virtual) money out of the bank, and traded it away for real money.”

The virtual amount was $200 billion interstellar credits. With current exchange rates, Richard received a little over $5,000 actual U.S. dollars. Like all criminals, those with whom he arranged the heist were simply seeking to get as much game credit as possible without having to earn it.

Since players use real money in exchange for virtual money while playing the game, a lot of real people got swindled as a result of Richard’s back-door dealings. Gamers can also earn virtual money by simply playing, accumulating wealth along the way by means of capturing space pirates or staking mining claims on errant asteroids.

The Eve Online gaming community was shocked at the news that someone so widely respected in their world turned out to be someone else. However, he was pushed into the crime to help pay for medical bills for his son and a house deposit. Apparently the health insurance crisis is even affecting the virtual world.

Real problems aside, had Richard’s antics been left only to the virtual world, he would have been able to remain a member of the community. Since he took the virtual into reality, he broke a coveted rule of the game and thus, his account has been terminated. Looks like it’s back to just playing Space Invaders for a while.

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Published Thursday, July 2, 2009 @ 5:18 pm

It may sound a little silly, but do you know who your student loans came from? And do you know where they are now? Arriving at the answer is often not so easy as providing the name of your school or simply answering “the federal government”― even if all of your loans came from the federal government’s lending program. Apart from these two entities, a number of private lenders are also involved in the federal student loan game. In the federal student loan program, private lenders provide what are called Federal Family Educational Loans (FFEL), the schools provide Perkins loans, and the government, via the Department of Education, provides Federal Direct Loans.

What happens if you can’t afford to pay your loans? Thousands if not millions of students are graduating with thousands of dollars in debt, and the job market isn’t exactly waiting with open arms. A majority of the people (three fourths of them) who default on their student loans do so after dropping out of their program, but there’s still a chunk of people left over who finished their degrees and still couldn’t cope with student loan payments beyond their means. It’s hard to say which is worse: taking on a huge amount of debt with no degree to show for it because you were forced, for one reason or another, to drop out? Or going through the hard years of work, earning the degree, only to find that it can’t help you find an adequate salary?

If you don’t pay your loans, the account eventually goes into default. Default happens on your student loans after 270 days of non-payment. Student loan providers are sometimes quite open to helping students get back on track with payments, especially when your lender is the school, so don’t be afraid to try some simple negotiating for more time if you’re falling behind. It used to be possible to wait out a student loan and hope that the lender didn’t do anything until the statue of limitations had passed; many people employed this strategy for a time, and it required conscious non-action on your part and perhaps a little bit of luck with the lender. Now there is no statute of limitations for student loans, so you’re on the hook for life.

Once you’re in default, it gets trickier to pin down the lender. It could be any of the three parties already discussed―the school, the government, or a private lender ― or it could be a collection agency hired by one of these parties to pursue the loan’s repayment. Often, a private lender will sell your loan to a lender who specializes in student loans, and any of the lenders can hire companies that handle billing and collection. Many loans are backed by state guarantee agencies which will pay off the lender whose loan has defaulted. The state guarantee agency will then try to get you to repay, and if they can’t they, in turn, are paid off by the federal government. The federal government then renews efforts to collect, often through those dreaded bill collecting agencies. The cycle never ends

If you get a collection letter for your student loan because you’ve defaulted on the loan, the first thing to do is find out who holds the debt. To do so, try contacting the Federal Student Aid Information Center and ask them to identify the holder. Their website provides a lot of information about application, repayment and default and is located at :  http://studentaid.ed.gov

Defaulting on student loans has serious consequences; it’s better not to get to that point at all. Before your financial situation spirals out of control, consider bankruptcy as a possible means to get a handle on your student loans and other debt. Contact a bankruptcy attorney who can help you get your life back on track.

Raleigh bankruptcy attorney. Durham bankruptcy attorney. Wilson bankruptcy attorney. Fayetteville bankruptcy attorney.

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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. And, the health care debate is reaching crescendo with the hope for many that an affordable, if not fully-supported, government medical plan will soon take shape.

Student loans, however, have not been subject to the broader economic sweep-up strategy that Washington has employed to fix the economy. That is, until now.

As of July 1, those holding federal student loans may be eligible for a program orchestrated by the Department of Education (DOE) that will cap monthly student loan payments based on the debtor’s income. A more aggressive component of the program calls for the dismissal of all student loan money that has been outstanding for more than 25 years.

The Department of Education is employing a job incentive, as well. In some cases, it will completely waive a person’s debt, after 10 years, in exchange for work in the public sector. Many of the most standard student loan arrangements call for a 10-year payoff. However, since so many young professionals struggle to find work after college, or at least work that will also cover student loan payments, the vast majority of student loans extend well beyond that ten year window.

A person’s ability to qualify for the effort, loosely called “income-based repayment” or IBR, will be determined by income and loan size. A calculator has been set up at its Web site, www.ibrinfo.org.

Ultimately, the IBR plan is part of the DOE’s College Cost Reduction and Access Act that was signed in 2007. Given current national economic conditions, the timing was right for its larger unveiling. It is meant to cover Federal Family Education Loans and any direct loan from the Stafford and graduate PLUS programs. And, any type of federal loan issued by a private lender is also subject to the reduction plan.

For most people who take advantage of an IBR plan, they should expect to see student loan payments be reduced to at least 10 percent of their income. However, anyone making more than $16,000 annually may see the loans reach 15% of their income. Anyone making less than $16,000 will not have to make monthly payments. The government is assuming that at least 1 million people will enroll.

Keep in mind that even though any reduction in monthly expenditures initially sounds great, there are drawbacks. Extending the period of the loan, which this program does, accrues more interest and could ultimately increase its overall cost. And if you realize a salary increase after being below the $16,000 benchmark, you’ll be responsible for the payments. It’s important for anyone considering enrollment to understand how a sudden new monthly payment impacts the capacity to cover other bills.

If your college loans are a large part of your monthly debt-load, than this program may provide you a little breathing room. Combined with a well planned bankruptcy to discharge your other unsecured debt, you’ll be well on your way to building your financial future. Struggling with student loans and other debt? Call the Law Offices of John T. Orcutt to set up a free initial consultation. Call 1-800-899-1414 today.

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Published Sunday, June 28, 2009 @ 8:45 pm

Planning for your retirement early is extremely important, yet appreciating this point can be difficult for people who aren’t looking to retire soon. It’s even harder to remember the importance of planning for retirement when it remains years or even decades off…all while the harsh realities of the economy are here today. Credit card companies compound the problem, advertising instant gratification while minimizing focus on long term financial stability. As the credit markets tighten, it’s tough to resist cutting back on retirement contributions. For those with a significant nest egg, it’s very tempting to cash out now and rebuild later.

Unfortunately, many of us approach bankruptcy as a last resort, an option to be avoided at all costs in the interest of our future financial soundness. In order to avoid bankruptcy, we make serious mistakes that betray the security of our financial futures. Those kinds of mistakes are precisely what this blog is intended to highlight and discourage. Before you make a mistake you may regret years if not decades from now, just to avoid declaring bankruptcy, make sure you have the facts straight. One classic mistake people make in a misguided effort to avoid declaring bankruptcy is dipping into― yep, you guessed where this is going― their retirement funds.

But it’s your money, so why is spending it such a bad idea, especially if it may save you a lot of trouble or help you avoid bankruptcy? An important clue can be found in the status of retirement funds in bankruptcy law. Did you know that in most states, your creditors cannot touch your retirement unless your actions enable them to do so? 401lks, IRAs, 529 plans- all protected by state and federal exemptions Even your rollovers are protected. Generally, a creditor will only be able to call in money from your retirement funds if you withdraw the money or take out a loan and fail to repay. For this reason, it is very important to avoid taking withdrawing any money from your retirement. Bankruptcy protection can’t protect you unless you allow it to!

What if you have high credit card debt, and you are thinking about borrowing against your retirement in order to chip away at those payments? This is exactly the kind of move you want to avoid and exactly the kind of situation where you need to think of bankruptcy as the next step, and not a last resort. Bankruptcy protection can allow you to discharge unsecured debts like credit card debt while keeping your retirement funds safe for the time they’re meant to be used: retirement. You may also be creating a whole new host of problems for yourself by borrowing against your 401k, even if you are able to address some issues in the short term.

What if you borrow against your retirement but then can’t repay it on time? You will likely face some serious tax consequences; remember, recent tax liabilities are one area where bankruptcy protection won’t be able to help you. Or what if you borrow against your retirement funds, but then you lose your job? You may be responsible for repaying the loan almost immediately, and this will naturally be difficult if you are out of work. As these scenarios illustrate, dipping into the well of retirement funds can be more trouble than it’s worth. Bottom line, if you’re thinking about withdrawing from your retirement to deal with your debt, it’s time to call a bankruptcy attorney. Protect your financial future, file bankruptcy now!

From: The Law Offices of John T. Orcutt, with convenient office locations in Raleigh, Durham, Fayetteville, and Wilson. Call (toll free) 1-800-899-1414, to set up a free, confidential debt consultation. Visit www.billsbills.com for more information.

Raleigh bankruptcy. Wilson bankruptcy. Apex bankruptcy. Durham bankruptcy. Fayetteville bankruptcy. Sanford bankruptcy.

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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. The album was an amazing success, still ranking as the second-best selling record of all time. Jackson was catapulted to super-stardom status. He traveled around the globe giving concert after concert to sold-out audiences. Jackson continued his tremendous success with the debut of his “Bad” album in 1991, which sold 22 million copies.

Jackson indulged in a lavish lifestyle with his astronomical earnings. His spending habits reportedly added up to $20 or $30 million a year. Most everyone has heard about the singer’s “Neverland Ranch.” This a sprawling, 2,500 acre estate in the wine country of Santa Barbara County that Jackson bought for $14.6 million in 1988. The Ranch includes an immense playground that sports a full size Ferris wheel. It also has a zoo.

But in 1993, Jackson suffered a huge blow. Allegations surfaced that he had molested a 13-year-old boy. The singer ultimately reached a $22 million settlement with the boy’s family, but the controversy forever changed his career, and his life. As Michael Levine, Jackson’s publicist at the time, explained it: “That kind of represents the beginning of the walk down a tragic path, financially, emotionally, spiritually, psychologically, legally.”

Jackson began to withdraw from public life. He ran into financial difficulty as his earnings ebbed but he continued to spend excessively. In 1995, Jackson was forced to sell a portion of his ownership in ATV Music, which holds the copyrights to Beatles’ songs. Then, in 2001, Jackson took out $270 million loan from Bank of America, and had to pledge half of his remaining interest in ATV as collateral for the loan.

Things kept heading downhill from there. In 2003, another 13-year-old boy accused Jackson of molesting him. And this time, prosecutors got involved. Jackson was put on trial in 2005. He was ultimately acquitted, but his troubles continued. In March of last year, creditors commenced foreclosure on his Neverland Ranch. Jackson would have lost the property if it wasn’t for billionaire Thomas Barrack, who agreed to set up a joint venture with Jackson, which took ownership of the ranch.

If that wasn’t enough, the son Bahrain’s King, Sheik Abdulla bin Hamad Al Khalifa, sued Jackson last year for $7 million. Al Khalifa had put up Jackson in his Bahrain estate and given the embattled singer millions of dollars to pay off debt. According to the lawsuit, Al Khalifa had done so in exchange for a cut of the profits from a new album and book that Jackson promised to produce but never did. The lawsuit settled for an undisclosed amount.

All of these troubles reportedly added up to $400 to $500 million in debt for Jackson as of this year. The singer had planned a major comeback tour, to pay down this debt and kick start his career again. He was slated to put on a 50-concert series in London, starting July 8th. And it looked like the tour would be a success: all 50 concerts sold out.

But, in a final twist of unfortunate fate, Jackson went into cardiac arrest last week while rehearsing for the show in Los Angeles. Doctors tried to revive him, but he was later pronounced dead at the UCLA hospital. Apparently, he had given himself a shot of Demerol, which may have caused the heart attack. Jackson was only 50 years old.

Jackson’s death is not just a tragic end to a young, talented life; he leaves behind a tremendous amount of debt that his family must resolve. Fortunately, what remains of Jackson’s interest in ATV music is reported to be worth hundreds of millions of dollars. His death has also sparked a new wave of sales for his old albums. Fans may also soon able to buy a piece of his legacy: many of the singer’s famed possessions are expected to go up for sale as the Jackson family tries to wrap up the King of Pop’s final affairs.

From: The Law Offices of John T. Orcutt, with convenient office locations in Raleigh, Durham, Fayetteville, and Wilson. Call (toll free) 1-800-899-1414, to set up a free, confidential debt consultation. Visit www.billsbills.com for more information.

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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. Well, maybe the story of Mary Uhazi will help.

Originally written about in an MSNBC article, Ms. Uhazi built up $60,000 in credit card debt and just recently suffered a salary reduction. If it sounds familiar already, read on.

Like so many of Americans struggling under the strengthening pressure of consumer debt, Ms. Uhazi admits than in the end, after spending all that money, she had “…nothing to show for it.”

Extreme credit card debt starts, and often ends, with the best of intentions, especially when you have a good job. Ms. Uhazi started with a gas card to avoid stopping for cash every time she needed to fill her tank. In commuter heavy Sacramento, where she lives, that is a great reason to have a card. However, the collection of cards continued to build and what was once an easy amount to pay in full each month became a regular balance. And when that balance is spread among a number of cards, it doesn’t take much for things to spiral out of control.

Ms. Uhazi’s debt load was built over time and didn’t include what most would consider large, impulse purchases. It was simply some presents for Christmas here, a dinner with friends there and a few weekend trips. Also, a major car repair popped up, which is probably one of the best reasons to use a credit card.

Thus, the story of Ms. Uhazi’s debt accumulation is very common. Today, almost every major consumer product retailer–department stores, home improvement chains, book stores–have a branded credit card with their own litany of benefits. For those with good credit, the lure of an immediate 20 percent discount is often too enticing to resist. Rewards, cash back and free merchandise are constantly used as bait for access to your good credit rating. The more you spend, the more offers for cards you receive.

Everything was fine for Ms. Uhazi until she let a single payment deadline slip. Then things began to crumble.

Enter California’s historic budget crisis. Ms. Uhazi was notified that she would be required to take unpaid days off from work so the state could alleviate its own debt problems. With less money to pay the minimum balances, lenders pulled back credit limits and as if on cue, raised her interest rates. The perfect storm began to rage and when she sat down to get an idea of her debt the credit card balances totaled more than $62,000. Just two of her minimum balance payments were close to $2,000.

Ms. Uhazi took control of her situation by contacting many of the retailers and card issuers to negotiate lower balances but even the small reconciliations made in that effort carried a cost. For example, her creditors would lower rates on store purchases but increase them on cash advances. Despite the progress and new approach to spending that she now employs, Ms. Uhazi remains uncertain about where her economic future is headed. She is considering bankruptcy.

If you see any of yourself in Ms. Uhazi’s story, know that there are many more just like you. You are not alone in this economy and you certainly not the only person who has experienced bad things as a result of good intentions. Keep in mind that just by consulting with a bankruptcy attorney, you may realize that filing is often the most reasonable solution.

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Published Tuesday, June 23, 2009 @ 9:46 pm

How can you be certain that considering bankruptcy is the right course of action for you? Are you concerned that you might still be able to work your way out of your cycle of borrowing, paying interest-only on loans, and then borrowing again? Ask yourself if you’ve experienced some of the following situations to help you determine whether there is a problem you need to address.

High Interest Loans:

Are you taking short term, high interest loans to try to give you enough cash to pay the minimum on other loans? Once you’ve maxed out your existing sources of credit, are the new ones you’re trying to get coming at a higher and higher interest rate?

Late Fees:

Anyone can miss a payment deadline from time to time. However, are you incurring late fees as you juggle minimum payments from one creditor to another? Do you ask yourself ‘who can wait to be paid this month’ as you frantically move cash from one account to another?

Payday Advances:

Have you become a regular user of payday advances? Sure, they’ll loan you money ahead of your paycheck but how much do you owe them for the privilege? And how much of your paycheck will be left once you’ve repaid the loan?

Pawn Shops:

Pawn shops are sometimes called ‘the poor man’s banker’, because they can help you bridge a tough time by lending you money with few questions asked. But how long can you borrow against your TV or jewelry before you’ve paid what it’s worth and more back just trying to keep your possessions ‘in hock’ and off the show room floor?

Family and Friends:

Do your family and friends avoid you because you’ve borrowed money from them? Or worse, are you avoiding them because you’re embarrassed that you can’t repay or even make a down payment on what you owe them? Is losing your personal support network worth it to keep prolonging your cycle of debt?

Gambling:

Do you risk what little cash you have on ‘long shot’ chances to pay everything off at once? Whether you’re spending money on the lottery, the horse or dog track, or casino gambling, the odds are against you getting that big score. That’s why the call it ‘gambling’ and not ‘debt service’.

Anger, Depression:

Does dwelling on your debt cause you to be constantly worried, short with your family, out of contact with your friends?

If any or all of the above situations seem familiar to you, you’re probably in over your head. But relief is just a phone call away! A qualified bankruptcy attorney can review your situation and help you decide how the legal protection of bankruptcy can help you regain control of your life by wiping out your overwhelming debt. You can have a fresh start.

You are not alone. Many people in situations just like yours have filed for bankruptcy and emerged financially stronger on the other side. Take advantage of their collective experience by calling a qualified bankruptcy attorney today.

Brought to you by The Law Offices of John T. Orcutt, with convenient office locations in Raleigh, Durham, Fayetteville, and Wilson. Call (toll free) 1-800-899-1414, to set up a free, confidential debt consultation. Visit www.billsbills.com for more information.

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Published Tuesday, June 23, 2009 @ 1:14 pm

Credit card debt can easily spiral out of control. Credit card companies lure you in with promises of low introductory interest rates and then encourage you to charge as many of your purchases as possible. Then, they discourage you from paying off the balance, by setting a low minimum payment – usually just a touch more than the interest charge.

Even if you’re diligent and try to pay off the whole balance every month, when unexpected expenses come up, it’s tempting – and sometimes necessary – to just make the minimum payment. The interest adds up fast and, if this pattern continues, you can quickly find yourself carrying a high balance you simply can’t afford to pay off any time in the foreseeable future. And things can get really hairy if there’s a hiccup in your income stream, like a job loss, pay cut, or injury that keeps you out of work. Even minimum monthly payments may be too much for you to afford. Unfortunately, more and more Americans are finding themselves in a precarious financial situation because of the combination of a faltering economy and years of credit card debt accumulation.

So what can you do if you’re in this position? Well, you could call the credit card company yourself and try to work out a deal. The biggest problem here, of course, is that the creditor has no obligation to work with you. Even worse, if you tell them you can’t afford the payments, they very well may reduce your credit limit to the current outstanding balance. This could leave you without any credit.

You could also enlist the help of a credit counseling agency to work directly with your creditors to establish a repayment plan or strike debt settlement agreement. You must be careful here too, though. Scammers and fly-by-the-night operations abound, especially now with all the people out there desperate to find a solution for their financial ails. Also, these services come with a cost — often a hefty one — and there’s no guarantee you’ll see any real results. The counseling agencies may be more schooled in negotiating with credit card companies, but, at the end of the day, they have no more power than you do: the fact remains that the credit card companies simply have no obligation to work with them or you. And, if you’re unable to make the payments in the meantime, you can bet the late fees, interest charges, and collection calls will continue.

This is not to say you should completely write off the idea of working with your credit card companies directly or through a counseling agency. But you need to be aware of the limitations of those options. You also need to keep in mind that even if you or the agency are able to convince your creditors to forgive some or all of the debt, that may be not be the end of the story: if your debt is forgiven, you are still on the hook for the tax liability.

Ultimately, bankruptcy is the only sure-fire solution to resolving unmanageable debts. Filing bankruptcy forces credit card companies to stop collection activities, immediately. And, you can wipe out most or all of these debts, for good – without worrying about any potential tax liability. So, if you’re buried in credit card debt, call a bankruptcy attorney today and learn how you can rid yourself of these burdensome debts once and for all.

In North Carolina, contact The Law Offices of John T. Orcutt, with convenient office locations in Raleigh, Durham, Fayetteville, and Wilson.

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Published Monday, June 22, 2009 @ 7:00 am

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. And let’s say the attorney agrees with you. Can he tell you that? It seems like the answer should be obvious. After all, he’s a bankruptcy attorney. And if your attorney thinks that these issues are important, he should be able to advise you one way or the other, right?

Well, maybe not. Under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), a “debt relief agency” can’t advise a client “to incur more debt” – like, for instance, a new home mortgage or car loan – in considering whether the client should file bankruptcy. The question then becomes, is a bankruptcy attorney a “debt relief agency?” If so, BAPCPA says he can’t advise you to take such actions; if not, he can. The distinction is important for another reason: debt relief agencies must include in all their advertisements to the general public a disclosure statement to the effect that, “We are a debt relief agency. We help people file for bankruptcy under the Bankruptcy Code.”

BAPCPA broadly defines “debt relief agency” to mean “any person who provides any bankruptcy assistance” in exchange for compensation, and carves out a list of exceptions for certain individuals and entities – attorneys not among them. The Act goes on to define “bankruptcy assistance” as any advice, counseling, or legal representation in connection with a case or proceeding under the Bankruptcy Code.

Given the sweeping definitions of these terms, bankruptcy attorneys could well be considered “debt relief agencies” under BAPCPA. This creates a predicament for attorneys in cases where it may be in the client’s best interest to incur certain debts before filing: advising the client of this could violate BAPCPA, but failing to do so could violate the attorney’s ethical obligation to assist the client in achieving the best results.

The courts are divided on this issue. The Eighth Circuit Court of Appeals is the latest to step into the fray. In that case, Milavetz, Gallop & Milavetz, P.A., a Minnesota bankruptcy law firm, sued the United States seeking declaratory relief that attorneys were not “debt relief agencies” under BAPCPA and that, if they were, both the advice restriction and the disclosure requirements were unconstitutional. The District Court agreed with the plaintiffs. But on appeal, the Eighth Circuit found the broad definition of “debt relief agency” did in fact include bankruptcy attorneys. It also upheld BAPCPA’s disclosure requirements, finding they were reasonable requirements designed to avoid potentially deceptive advertising.

However, the Eighth Circuit struck down the advice restriction as an unconstitutional restraint against free speech under the First Amendment. The court concluded that the restriction “prevents attorneys from fulfilling their duty to clients to give them appropriate and beneficial advice . . .” For example, the court explained, “it may be in the [client’s] best interest to refinance a home mortgage in contemplation of bankruptcy to lower the mortgage payments. This could free up additional funds to pay off other debts and avoid the need for filing bankruptcy altogether.”

Well, as you might expect, neither party was completely satisfied with this decision. The plaintiffs dispute the court’s conclusion that an attorney is a “debt relief agency.” The government disputes the court’s conclusion that the advice restriction is unconstitutional. Both petitioned the United States Supreme Court for review. Last week, the high court granted the petitions and will decide these issues once and for all. The outcome will be significant to bankruptcy attorneys and their potential clients, as it will directly affect the type of advice an attorney can give and that a client can expect to receive. A decision is expected during the Supreme Court’s next term.

From: The Law Offices of John T. Orcutt, with convenient office locations in Raleigh, Durham, Fayetteville, and Wilson. Call (toll free) 1-800-899-1414, to set up a free, confidential debt consultation. Visit www.billsbills.com for more information.

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Published Friday, June 19, 2009 @ 11:06 pm

It’s important to remember that credit card issuers are businesses. While they may not necessarily sell a tangible product (other than a sleek piece of plastic) they are very much in the business of making money. Interest, clearly, is the primary profit generator. In the last several years, however, more marketing incentives and added services have come online to generate fee-based revenue for those how don’t spend much and therefore, don’t provide a great deal of interest income to the company. One of those services is the credit protection plan. And like most add-ons to a credit card, they aren’t worth it.

For a monthly fee, companies offering these plans claim that should something happen to prevent payment of your balance, they’ll handle it for you. Job loss, injury and even death may be reasons stated to buy by a plan. However, the pages of fine print that accompany such plans is full of loopholes and ultimately offers more protection for the card issuer than the card holder.

For example, the unemployment insurance does not engage if you were let go for performance reasons, as opposed to being laid off in the traditional sense. Employers often cite “performance” as a reason for dismissal to avoid the public stigma that accompanies having to reduce staff by layoffs. By most peoples’ standards, being “let go” qualifies as losing your job. Not so, say most credit protection agreements.

In fact, many credit protection plans only work in your favor if you are unable to do any work at all, perhaps because of a medical hardship. If a writer becomes stricken with carpal tunnel syndrome for example, he or she may not be able to type for their career but the credit card company would argue that a writer could use voice-activated software and thus avoid providing coverage.

And since these programs are run by the same people who can develop individual marketing pitches based on where you shop for undergarments, rest assured that they will contact your employer should you file a hardship.

Credit protection plans are also pretty expensive, often running up to $.99 per $100 dollars of debt, meaning that a $5,000 balance could cost you an extra $49.50 per month. Worse yet, the plan costs are tacked on to the balance, thus increasing interest, financed charges and other balance-based fees. Without question, you are better off using that money to attack the balance.

If you carry life insurance, there is even less need for a credit protection plan. Most of them do not kick-in until after private insurance policies and do not provide nearly as much additional coverage as a standard term or whole life policy. A credit protection plan may offer $10,000 worth of coverage for $300 per year while a typical insurance policy would run around $250 per year for $250,000 worth of coverage.

Lastly, most protection plans only pay the minimum amount on your balance. And you know what happens when that is all that gets paid. So while interest continues to accumulate and your balance only gets bigger, you end up only deeper in debt because you paid extra for a plan that doesn’t really help you when you need it.

Brought to you by The Law Offices of John T. Orcutt, with convenient office locations in Raleigh, Durham, Fayetteville, and Wilson. Call (toll free) 1-800-899-1414, to set up a free, confidential debt consultation. Visit www.billsbills.com for more information.

Raleigh bankruptcy. Durham bankruptcy. Wilson bankruptcy. Fayetteville bankruptcy.

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Published Wednesday, June 17, 2009 @ 12:39 pm

No doubt about it: Times are tough.  You, like so many others, may be looking to grab onto any life-line you’ve got. For many of us, the only major investment we have is our home, so it’s not only a natural place to start, it might look like the only tool in the arsenal. Refinancing a mortgage can serve to staunch the flow in a pinch, or at least, put a band-aid on it; a home equity loan can seem like a downright life-saver when times are tough on your wallet. If you’re feeling a little panicky, it’s a good idea to take a deep breath and have a reality check. Before jumping out of the frying pan, take a look around and make sure you’re not jumping into the fire.

Refinancing seems like a great idea because ostensibly you’re not changing anything about your home ownership situation except for your interest rates. But keep in mind two factors: First, unless interest rates have gone down two full percentage points, you probably won’t save much more than what will get eaten up by closing costs and other fees. Second, make sure you keep an eye on the new terms, particularly if they involve a variable interest rate. These can save you some money early on, but will hit you hard in later years; remember that when it comes to long term investments like your home, the big picture often matters more than immediate relief.

And speaking of immediate relief, many of us are encouraged to solve one instant-gratification problem, namely, credit card bills, by taking on another, in the form of a home equity loan. Before you jump on one of these loans, put the situation into perspective. A home equity loan doesn’t reduce the amount you owe, and it can have some serious repercussions. Lenders urging you to borrow against the equity you’ve built up in your home will point out that unlike credit card debt, home mortgage interest is tax deductible. Lenders will tell you that converting credit card debt by taking out a home equity loan will result in a single, convenient payment, probably lower than what you’re paying on your credit cards, with a lower interest rate. These things might be true, but will they really spell out a long term solution? Home equity loans may have lower interest rates than some credit cards, but these rates are nowhere near those of conventional mortgages. Will the payments really be easier to handle? If you can’t keep up with your credit card payments now, it’s unlikely that you’ll have an easier time making the one BIG payment each month for the home equity loan. What’s more, you will probably end up incurring loan fees and other costs, especially if you end up having to pay fees like pre-payment penalties on your current mortgage or broker’s fees.

Even scarier, if you pay back all your credit cards but end up having to declare bankruptcy anyway, a home equity loan means you’ve converted unsecured debt into secured debt; that means you now have a lien on your property that won’t go away through bankruptcy. Are you really ready to give up the protection bankruptcy can afford you down the line? Make no mistake, home equity loans are all too often more trouble than they’re worth.  Before taking on one of these loans, consult a bankruptcy lawyer. Bankruptcy, unlike home equity loans, can be a true life-line.

From: The Law Offices of John T. Orcutt, with convenient office locations in Raleigh, Durham, Fayetteville, and Wilson. Call (toll free) 1-800-899-1414, to set up a free, confidential debt consultation. Visit www.billsbills.com for more information.

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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.

Between the first of the year and March, there were 330,477 filings, an increase of 35 percent from the same quarter of last year. In the face of such daunting numbers, it’s difficult not to come to grips with the pain being caused by the recession. Thankfully though, the bankruptcy courts are there to assist those in the most serious trouble with finding a route back to financial solvency.

There is a direct correlation between states with the highest number of filings and those hit hardest by the housing crisis. California experienced the most, and then Florida. Both states, along with Nevada, have been decimated by dropping home values.

However, and in thanks in part to the federal government, banks and creditors are trying to help where they can by lowering interest rates, halting fees and modifying mortgages. At least that’s the plan (read: hope). That help comes with a mixed message though, as many credit card companies are scrambling to add costs before recently-passed legislation that limits their ability to charge more and raise rates goes into effect sometime in early 2010.

Good news on the economy is starting to surface, however, according to federal officials throughout the United States. A report by the Federal Reserve said that signs of economic contraction were leveling off but that any sort of significant recovery will not be fully visible until after 2009. The increase in home sales has helped to put some areas, to a small extent, back on track.

If you plan to file bankruptcy this year, it is critical for you to consider the benefits of a bankruptcy attorney. The road to the bankruptcy court can be a bumpy one if you’re not able to keep it between the lines. From reading through this blog to picking up books to seeking references, the more knowledge you have about the bankruptcy process, the more prepared you will be when it’s time to officially file.

Bankruptcy attorneys can leverage the legal system in much more effectively than most credit counselors. While learning to spend more wisely and negotiate interest rates are certainly worthwhile efforts, the odds are that you already understand what mistakes you made. Many experts on the subject believe that people in financial trouble get into even more while trying to decide whether or not to file bankruptcy. Problems arise when a person continues to spend or make unwise decisions for a few weeks while waiting to call a bankruptcy attorney or begin their research, as if simply telling yourself you plan to file makes it happen.

When it’s time to file bankruptcy, like more than 330,000 people have already this year, it’s a time for action. Move forward quickly and get your life back on track because as the saying goes, “the sooner the better.”

Live in North Carolina and need a good bankruptcy attorney? Consider the Law Offices of John T. Orcutt, serving 28 counties out of 4 different offices located in Raleigh, Durham, Fayetteville and Wilson. This lawfirm offers a totally free and confidential initial consultation and is dedicated to making sure you know all your options, bankruptcy and otherwise. Need an appointment? During normal business hours, call toll free to 1-800-899-1414. At night and on weekends, you can make your own “online” appointment by visiting their website at www.billsbills.com

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Published Saturday, June 13, 2009 @ 8:01 pm

In many circumstances, declaring bankruptcy at the right moment is an important tactical move to rescue a difficult financial situation and it is deployed precisely to avoid a worst case scenario. Still, bankruptcy is a big step and it pays to consider it rationally and strategically. For some people in certain situations, declaring bankruptcy just doesn’t make sense. If your debt is small, for instance: if you owe an amount small enough that you could potentially take care of it, without unreasonable effort, simply by budgeting carefully for not more than 2 or 3 years, then bankruptcy may not be for you. That one is a bit obvious.

But, what if you do have considerable debt, but you also have considerable assets?

This may or may not be a problem. If all of your assets are “exempt”, you can file bankruptcy and lose nothing. That is, exempt assets are all the stuff you get to keep, even if your file bankruptcy. Every state allows you to exempt and therefore keep certain types and amounts of assets. In most states, the amount of stuff you can “exempt” is not insignificant. Since exemption laws vary from state to state, you would be wise to check with a good bankruptcy attorney in your state to find out what you can exempt before you make any kind of a move. And, as in incentive for you to do so, you need to know this: In most cases, people who file bankruptcy get to keep everything they own, and therfore lose nothing.

Seem odd? We understand completely. One of the biggest myths about bankruptcy is that, if you file, you will lose everything. But a myth is myth, as any good bankruptcy attorney can prove to you.

So, let’s say you have checked and now you know what you can and cannot keep if you file bankruptcy. And, let’s say you are one of the few people who happen to have a lot of “non-exempt” assets. What should you do?

You have 2 choices:

It might be a good idea to sell those “non-exempt” assets, especially if selling them could take a big bite out of your debts. Even if you can’t pay it all, if you can make a dent and they are assets you would lose in a bankruptcy anyway, even a small decrease in debt load can sometimes offer considerable relief to a strained debtor.

But what is you need to file bankruptcy but can’t afford to lose those “non-exempt” assets? You may well be able to file what is known as a “Chapter 13″ bankruptcy. A Chapter 13 bankruptcy filing allows you to pay out, over the course of your case, the amount equivalent to the amount your assets exceed available exemption limits.

So what about exempt assets? Should you buy some time by selling those?

Warning! Think long and hard before you sell exempt assets. Do NOT let creditors persuade (read: bully) you into selling these. Here’s a pretty bad worst case scenario: You’re in too much debt, you have a huge monthly mortgage payment, but you have home equity. The home equity is less than the exemption allowed by your state. But you really don’t want to declare bankruptcy, so you put it off for a while, your situation gets critical and in the end you can’t handle it anymore. So you decide to sell the house. Only by the time you do, the housing market is down, you don’t get as much as you thought you would get and what you have left over doesn’t cover your unsecured debt. You end up having to declare bankruptcy anyway, only now you don’t have anywhere to live! Sounds like a last ditch.

Although the law varies by state, most places will let you keep your home (up to a certain value), pensions, 401k accounts, basic home furnishings, your car and other miscellaneous money and property. If you think bankruptcy is looking like a good solution, why would you sell assets that are already protected by exemption laws?

Here’s another worst case scenario: You owe a close relative a lot of money, and you are thinking that if you declare bankruptcy you’ll never be able to pay her back. So you sell some assets, pay the debts, and then declare bankruptcy. If you had consulted a lawyer before going ahead with the sale, he might have warned you about what happens next: your bankruptcy trustee takes the money back and uses it to pay your unsecured creditors! Lose-lose (for you and your relative, anyway.) If there’s a good likelihood of declaring bankruptcy, it’s best to speak with a lawyer who can counsel you about these types of situations. If you’re not there yet but you’re thinking about selling assets to cover debts, make sure they aren’t exempt assets. There’s a reason certain assets are exempt: you will need them to start over.

The bottom line: If the asset is exempt, do not sell it. At least do not sell it, or even put it up for sale, before you consult with a knowledgeable and experienced bankruptcy attorney. Whether you end up filing bankruptcy or not, you need to know how much of what you own can be protected.

In North Carolina, you have available to you such a lawyer. The Law Offices of John T. Orcutt. John and his staff of attorneys have helped over 30,000 families. They may well be able to help you to. The Law Offices of John T. Orcutt offer a totally free and confidential initial consultation at 4 different locations: Raleigh, Durham, Fayetteville and Wilson. During normal business hours, you can set up an appointment by calling toll free to 1-800-899-1414. At night and on weekends, you can set up your own appointment “online” by visiting his website at www.billsbills.com

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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.

Chapter 11 is a common form of bankruptcy that allows an individual court protection in conjunction with an organized payment plan or financial restructuring.

In April of this year, US Judge Frank Santoro rejected Vick’s first reorganization plan, calling it unrealistic and not nearly ambitious enough, as it called for Vick to keep several homes and other valuable assets. Like the first attempt, this version is expected to rely heavily on his ability to be reinstated to the NFL. League commissioner Roger Goodell has made no such commitment, however. In fact, Goodell has remained quite stern on his stance that he must see “real remorse” on the part of Vick before he will allow him to wear a uniform with an NFL logo.

If the new plan fails, Santoro will appoint an independent trustee to oversee Vick’s finances. As of right now, Vick is working with a team of attorneys and advisers to formulate the plan. The judge set a hearing date of August 27 to determine the new plan’s legitimacy. Goodell’s decision will come only after Vick’s sentence is formally completed on July 20.

Unfortunately for Vick, some of the dates conflict. If his new plan, due July 2, depends on him being able to play professional football again but he won’t know that until after July 20, he will be submitting it with a fair amount of risk. However, should Goodell feel Vick deserves a second shot, August 27 may be a great day for Vick.

The former Virginia Tech scrambler owes more than $20 million, $6.5 million of which is a bonus from the Falcons he has agreed to repay. His initial bankruptcy petition cited assets of only $16 million. Like most well-recognized athletes, Vick had several lucrative endorsement deals. Given his crime and subsequent reputation, there is little chance he will be hired to promote anything, further challenging his ability to repay what’s owed.

In a telling court moment, Vick uttered a surprising bit of financial wisdom, saying, “I did a lot of big spending. I tried to take care of a lot of people. And it backfired on me.”

Vick’s crime, operating an illegal dog fighting operation, has been subject to increased vigilance. Laws are being passed quickly and since his incarceration, 22 new state and federal laws about dog fighting have been passed.

Currently completing his sentence on home confinement, Vick is working a $10/hour construction job. He is also allowed to go to church, court appointments and the doctor.

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Published Tuesday, June 9, 2009 @ 11:10 am

As you are probably well aware, bankruptcy is an important decision that should not be taken lightly. If you are eligible to file but hesitate to do so, you stand to lose more than you may guess. Dithering too long can ruin the strategic advantage of timing; deciding not to file at all could cause you to lose everything.

Take for example your car: if your car is securing a debt and you decide not to file for bankruptcy, a creditor may proceed with repossessing your vehicle. You may think you’re ready to lose your car should it come down to repossession, but consider this: the proceeds from the sale of the car undoubtedly will not cover the entire secured debt. This means you’ve lost your car―and you still owe the difference between the auction sale price and outstanding loan! Bankruptcy allows you to control the situation, by allowing you to safely surrender the vehicle without risking a costly deficiency claim after the car is sold. If you want to keep the car, Chapter 13 allows you to catch up with missed payments, putting you in a better position to keep the car while eliminating the risk of a deficiency claim if you decide later that you can’t afford the payments.

If you stand to lose your home, the steps a mortgage company can take won’t be as dramatic as waking up one day and finding your car gone. Sure, a foreclosure takes more time, usually at least three months. Still, the possibility of keeping your home is one of the excellent benefits of filing for bankruptcy protection. A solid Chapter 13 plan can catch up your missed payments and stop a foreclosing lender in its tracks.

The sitting duck strategy is pretty terrible for most every kind of debt. There are some debts that a bankruptcy won’t discharge, so you may think that declaring bankruptcy won’t help you anyway, so why bother. But letting a bad situation spin out of control while you take no action is a recipe for disaster. Take student loans for example, Congress has abolished the statute of limitation for student loans, so you can’t just wait those out. If you are delinquent long enough on your student loans, the government could garnish your wages without even going to court. By eliminating other dischargeable debt in your bankruptcy, you can be back on track to start repaying your non-dischargeable student loans.

If you owe money for support obligations, your state may have a program to revoke professional licenses, or worse, a divorce court could even send you to jail. You’ll also end up in the slammer if you were ordered to pay money as a result of a criminal proceedings. So now you may be thinking, these all sound pretty scary, but a bankruptcy won’t discharge them, so what’s the point? Remember that declaring bankruptcy can help you discharge some kinds of debts, freeing money up to pay those not eligible for discharge. This is a heck of a lot better than waiting around for the worst to arrive. If you are in trouble, don’t wait: call a bankruptcy attorney and get to work.

With offices in Raleigh, Durham, Wilson and Fayetteville, the Law Offices of John T. Orcutt can help you get a handle on your debt. Call today to set up your free initial consultation: 1-800-899-1414.

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Published Sunday, June 7, 2009 @ 1:10 pm

Inside a typical house in a pretty ordinary neighborhood, a husband and wife sit at their kitchen table well after dinner, staring stoically at one another. Scattered in front of them is an array of half-torn envelopes and perforated slips of paper with bold red type. Words like “urgent” and “past due” and “collections” stand out like blood on snow. While outside, a person casually strolls into their driveway and stops at the family minivan. A key is inserted into the lock. Moments later, the couple notices headlights wave across the kitchen and the confused silence is broken by the sound of them hurrying through the house to see what’s happening outside. In the driveway, where their van was parked, remains only a child safety seat, a few CDs and coffee mug with a heart on it.

While this situation may sound like something from fiction, it is hardly made up. People facing financial hard times often see them magnified by the loss of a vehicle through repossession. However, there are protections in place to prevent people from losing their cars in this manner. And unfortunately, even many of the creditors who hold car loans don’t know the rules.

Most states do allow creditors to repossess cars once in default but it needs to be stated clearly in the payment agreement. At any point, if you changed your payment date to potentially improve your ability to pay, it’s possible the terms of the original contract no longer apply. Thus, get any changes or agreement alterations in writing so you can establish a solid paper trail of your dealings with that organization.

Even though a “repo company” can come on to your property to get the vehicle, generally, they are not allowed to cause any sort of disturbance that could be considered a “breach of peace.” This means that physical force, threats of any kind or entering a secure area, like a garage, is not allowed. Additionally, should that violation occur, you may be due compensation for any damage the repo company causes. A breach of peace also puts you on solid ground should the creditor attempt to sue for a deficiency judgment. This sort of judgement seeks to reimburse a creditor for the difference between what you owe and the price for which they can sell the vehicle.

If the creditor decides to sell the vehicle instead of keep it for compensation, some states require them to alert you to the sales date so you can have the opportunity to buy it back, whether at auction or in a private sale. You may also have the ability to redeem the vehicle directly from the creditor for the full amount you owe.

Personal property left in the vehicle is yours, so a creditor is not allowed to claim it as part of what is owed. Depending on the state, they may be required to let you know exactly what they found and let you get them back. This aspect of a repossession can quite often escalate into additional legal issues, as a vehicle often changes hands a few times during a repossession. Some things may get lost along the way and yes, even stolen.

As with almost all issues related to serious debt problems, it can be immensely beneficial to sit down with a bankruptcy attorney to understand your rights. While credit counselors can help sometimes, an attorney is going to be a much better resource for addressing the state by state legalities of vehicle repossessions.

Filing bankruptcy can stop repossession and allow you a chance to get current over a period of months or years. Stopping repossession is one of the things that bankruptcy does best.

Need to stop a repossession or a foreclosure or just get more time to pay? Whether or not you end of filing bankruptcy, you need to find out how this option works. You will be surprised. Bankruptcy is powerful and it does not work the way you think. Find out more. In North Carolina, set up a FREE initial consultation with the Law Offices of John T. Orcutt, offering services in 28 different counties through 4 offices in Raleigh, Durham, Wilson and Fayetteville. During normal business hours, just call toll free to 1-800-899-1414. Or visit our website at www.billsbills.com, available 24/7.

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