Three things a bankruptcy case can help you get rid of

Most people who have gotten to the point of reading this post understand that personal bankruptcy is usually an effective way of eliminating credit card debt.

But that’s not all that can be shed with a Chapter 7 bankruptcy case. Consumers can also use the bankruptcy code to rid themselves of:

* Cell phone contracts: Yes, even those for the vaunted I-phone. These usually sound good when you get a bright, shiny new mobile phone — or are actually a pre-condition of getting such a phone. But $60 a month for super-duper streaming data is $720 a year gets to be a burden fast — and many people are paying much more than that. Filing a bankruptcy case will also let you back out of these “deals,” if you regret spending so much on phone service.

* Apartment leases: The reasoning here is the same — if you’re leasing a dump and want out, a Chapter 7 case will terminate the lease for you. Of course, you will need to find a new place to live.

* Fitness club memberships: Exercising not working for you? (Or you just stopped working out). The remaining obligation to a gym or spa is discharged with a bankruptcy as well.

 

 

 

By Doug Beaton

Posted in Practical tips | Comments closed

Court says a bankruptcy blogger is not a journalist

This bankruptcy blogger is not a journalistIf you’ve got bad things to say about a bankruptcy trustee, don’t count on the First Amendment to bail you out.

Crystal L. Cox, a blogger from Eureka, Mont., was sued for defamation by trustee Kevin Padrick when she posted online that he was “a thug and a thief” during the handling of bankruptcy proceedings by him and Obsidian Finance Group LLC.

Padrick, an Oregon attorney, was a trustee in a bankruptcy case involving Summit Accommodators, a company that helped property owners conduct real estate transactions in a way to limit taxes. Three executives face federal fraud and money laundering indictments.

U.S. District Judge Marco Hernandez found last week that as a blogger, Cox was not a journalist and cannot claim the protections afforded to mainstream reporters and news outlets.

Cox protested that she considered herself a journalist, after producing more than 400 blogs over the past five years.

 

By Doug Beaton

Posted in Bankruptcy News | Comments closed

Chapter 7 bankruptcy eligibility in New Hampshire

Starting with cases filed in May 2012, the Chapter 7 “means test” eligibility figures have changed slightly for residents of New Hampshire considering bankruptcy.

The new thresholds for annual family income are:

Family size = 1, threshold is now $53,177;
Family size = 2, threshold is now $63,626;
Family size = 3, threshold is now $81,854;
Family size = 4, threshold is now $94,646;
Family size = 5, threshold is now $102,146.

For any additional family members, add $7,500 per person.

Remember, in the peculiar world of bankruptcy law, “annual” income is calculated by taking actual income from the last six months and multiplying it by two.

What to do if your family is over the threshold? Don’t despair, call a bankruptcy lawyer! Often times, I can use a series of deductions to get you qualified for Chapter 7 anyway. At the very worst, if you call you will know if you qualify one way or the other.

The New Hampshire figures apply to bankruptcy cases statewide; so no adjustment is made for income differences between Salem and Keene, for example.

 

By Doug Beaton

Posted in Chapter 7, Means Test | Comments closed

Changes to the bankruptcy rules as of December 1st

Some changes to the bankruptcy rules went into effect on December 1, 2011. Unlike the wholesale changes that were implemented in 2005, these are to the rules, no the bankruptcy code itself. Most are technical or minor. And it looks like they might actually be helpful to consumers in bankruptcy.

The claim form that creditors use to protect themselves has been tinkered with: it now more explicitly requires that creditors itemize principal, as opposed to interest, fees and penalties, so unfair piling on of these “extras” can be spotted easily.

For residential mortgage lenders, a brand new, and additional claims form has been created, requiring even more specificity. Escrow accounts, amount to cure defaults, and itemized default fees now must be broken out by category.

Mortgage lenders will also now be required to file official notifications when the monthly mortgage payment changes (such as when an adjustable rate adjusts, or when tax escrow increases).

And any special fees or charges billed AFTER a bankruptcy case is filed must be reported on yet another new form. The court has also instituted rules for resolving minor disputes concerning these type of post-petition fees.

Doug Beaton is a bankruptcy lawyer serving the North Andover and Lawrence, Mass. area.

 

By Doug Beaton

Posted in Bankruptcy News | Comments closed

It seems like everyone needs a fresh start!

The Boston Red Sox hired a new manager last week; baseball veteran Bobby Valentine will be taking over for Terry Francona next season.

When the team announced the new hire, Red Sox general manager Ben Cherington said “One of the best parts of today is that it brings some closure to 2011 and now we can look forward to 2012,” Now we have a manager in place who is excited to be here and it feels like a fresh start.”

A fresh start . . . . it seems like everyone wants one these days. The Red Sox’ problems seem miles away to regular people who are struggling financially. For those who are deep in debt, a bankruptcy filing is usually the surest route to starting over. Most debt is completely eliminated, and debtors don’t have to wait for relief … they get the benefits of the bankruptcy code from the day their case is filed.

And even baseball teams aren’t immune from the need for a fresh start. Let’s not forget that the American League pennant winners for the last two seasons are not the Red Sox, but rather the Texas Rangers, who went in to bankruptcy in 2010 and emerged quite successfully!

Doug Beaton is a bankruptcy lawyer in North Andover.

 

By Doug Beaton

Posted in Practical tips | Comments closed

American Airlines bankruptcy may be a boon for consumers

AMR Corp, the parent of American Airlines, somewhat surprisingly filed for Chapter 11 bankruptcy on Tuesday, joining a crowded group of airlines that have been through bankruptcy court lately.

Counter-intuitively, American’s bankruptcy could be a good deal for Merrimack Valley consumers, as the airline is expected to cut fares and join in fare wars with JetBlue and Southwest. They will likely finance this by using bankruptcy court to renegotiate their contracts with union employees and airports.

Might be a good time to book a flight to a city where American flies!

I didn’t know this, but as recently as two years ago in 2009, American was the leading airline out of Boston’s Logan Airport. As of the time of the bankruptcy filing, they had fallen to fourth, with JetBlue being the new leader.

 

By Doug Beaton

Posted in Bankruptcy News | Comments closed

Catholic church to purchase bankrupt Crystal Cathedral

The Roman Catholic diocese serving Orange County in Southern California has been awarded the winning bid in the bankruptcy sale of Rev. Robert Schuller’s iconic Crystal Cathedral in Garden Grove, Calif.

The Crystal Cathedral has been in bankruptcy proceedings since 2010 due to a dramatic dropoff in contributions. The church is known for its Hour of Power television service.

The diocese will pay $57.5 million to use the building in Garden Grove made of 10,000 panes of glass as a long-sought county-wide cathedral.

“I’m really pleased to know that this campus is likely for at least decades, if not centuries, to be kept as a sacred place of worship,’’ Carol Milner, daughter of church founder Rev. Robert H. Schuller, said after a hearing in bankruptcy court.

The elder Schuller started the Crystal Cathedral as a drive-in church in the 1950s under the auspices of the Reformed Church in America. Decades later, the Southern California ministry evolved into an international televangelism empire and erected its now-famous building.

 

By Doug Beaton

Posted in Bankruptcy News | Comments closed

Massachusetts foreclosures rise before holidays

It can’t be very much fun to contemplate losing one’s home at the start of the holiday season.

Nevertheless, the Boston Globe is reporting that Massachusetts home foreclosures rose a whopping 35% in October.

That figure represents homes actually seized; foreclosure petitions, which track homes that banks intend to foreclose on in the near future, rose a more modest 6 percent.

October was the first month of 2011 where foreclosures increased in Massachusetts compared to the previous year.

There is better news for the optimistically minded, though: the number of mortgage accounts in delinquency is dropping in Massachusetts. Right now, about 7.6% of Massachusetts home owners are behind in payments, compared to the high-water level of almost 10% in February of 2010.

At this time of Thanksgiving, lets give thanks for what we still have, and have hope for the future, and hope the new year is a time of turn-around for the Merrimack Valley and all the people who live here.

Doug Beaton is a bankruptcy attorney serving Lawrence, Massachusetts

 

By Doug Beaton

Posted in Bankruptcy News, Foreclosure | Comments closed

Do underwater mortgage liens survive Chapter 7 bankruptcy?

Here is a good simple explanation from well – known bankruptcy attorney Cathy Moran on the status of underwater liens after a Chapter 7 case is filed:

http://www.bankruptcymastery.com/how-long-can-underwater-lien-hold-its-breathe/

As she explains, the lien itself is still on the books after you file a bankruptcy case. Debtors may need to take additional action to deal with the situation. This includes investigating the possibility of filing a Chapter 13 case, or negotiating with the lender for a lump sum settlement of the loan.

In any event, even if the lien is valid, the debtor has no personal liability for paying the underwater debt, even if they can only afford a Chapter 7 case; the personal liability (as well as any adverse income tax consequences) is extinguished through getting a bankruptcy discharge, no matter what chapter it is under.

 

By Doug Beaton

Posted in Real estate, Secured loans | Comments closed

Chapter 7 eligibility changes for Massachusetts residents

Starting with cases filed in May 2012, the Chapter 7 “means test” eligibility figures have changed slightly for residents of Massachusetts considering bankruptcy.

The new thresholds for annual family income are:

Family size = 1, threshold is now $55,185;
Family size = 2, threshold is now $66,200;
Family size = 3, threshold is now $82,873;
Family size = 4, threshold is now $102,194;
Family size = 5, threshold is now $109,694.

For any additional family members, add $7,500 per person.

Remember, in the peculiar world of bankruptcy law, “annual” income is calculated by taking actual income from the last six months and multiplying it by two.

What to do if your family is over the threshold? Don’t despair, call a bankruptcy lawyer! Often times, I can use a series of deductions to get you qualified for Chapter 7 anyway. At the very worst, if you call you will know if you qualify one way or the other.

The Massachusetts figures apply to bankruptcy cases statewide; so no adjustment is made for income differences between Lawrence and Haverhill, for example.

 

By Doug Beaton

Posted in Bankruptcy News, Chapter 7, Means Test | Comments closed
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