Bankruptcy Abuse Prevention and Consumer Protection Act of 2005

Among the various reasons to avoid bankruptcy, one of the most important reason that has come up recently is the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). The law introduced some new changes in the way a consumer filled bankruptcy. The laws imposed few additional requirements on bankruptcy filings that made it more difficult and costly for consumers to file. The glance of the BAPCPA Act 2005 is summarized below:

• After coming up of the BAPCPA Act a debtor need to go through a means test before filling a Chapter 7 Bankruptcy (the bankruptcy which discharges the debts in full). The means test ensures that a consumer is not abusing the bankruptcy privilege and he is really not in a position to repay his debts.

• Anyone fails in the means test means that he - is able to repay the debts - and must file Chapter 13 bankruptcy, the bankruptcy in which debts are repaid over a 5 year period.

• A debtor filling a bankruptcy must go through a consumer credit counseling at least six months before filing, from an approved credit counseling agency.

The survey revealed that bankruptcy filings had been dropped significantly after the introduction of the BAPCPA. The statistics shows that total bankruptcy filings in 2006 were 617,660 which was a 70% drop from 2005 total filings - 2,078,415. This is just because of the strict requirements for chapter 7 filling that led to the increased percentage in filling of chapter 13 bankruptcies filling. The chapter 13 filling had showed an increase of 40% while it had declined considerably in case of chapter 7 filling.

Five most common Bankruptcy questions

Can my creditors harass me after filing bankruptcy?

No, they will not! As per the law, once the bankruptcy documents are files, creditors must cease all the actions against debtors. Creditors cannot continue any lawsuits or call for payments.

Do spouse get affected?

If you spouse is not responsible that is didn't sign a contract or agreement, then they won't be affected. There are few cases where it is must for both husband and wife to sign the contract, such as purchasing or selling of a property. But other debt, such as credit cards, doesn’t require both to sign.

Consult your lawyer for more information on this.

Who can know?

Though Chapter 7 filings are public records, no one will know about that. There will be a record of your filing with the Credit Bureaus and for next 10 years it will remain on your credit record.

Will I ever get my credit again?

Yes! Many banks offer "secured credit cards where debtors need to put up a certain amount of money in account as security and guarantee payment. Initially the credit limit will be equal to the amount deposited and then it increases as per your payment record.

After two year of discharge, debtors can also avail mortgage loans on normal terms and conditions. Filing bankruptcy record stays for 10 yrs on your credit report. After that it becomes less significant.

How much it cost?

Filing chapter 7 bankruptcy will cost you $300 plus the lawyer's fees. Bankruptcy lawyer's fee varies, but should not be more that $2,000.

How to stop foreclosure and save home

Foreclosure should be a last resort in the way of save your self out of this recession period. Home foreclosure is one of the common hits in the recent period of financial recession. This situation basically arises when a borrower misses too many mortgage loan installments. Once he receives a warning notice to foreclose his house means the process has already started. Foreclosure is a legal process where the property will be sold and the money collected from the sale process will be used to meet the outstanding debt. This is actually done after all options are failed.

In a legal manner, a borrower must approach the lender stating his financial condition and he has to be honest enough that the lender can consider his request. This could be the one of the ways to protect the home from the foreclosure. Considering all the factors relating to foreclosure, the lender has to take certain decisions because the foreclosure normally has a complex process to deal and takes certain more time. It is a deal of more expensive with time is the crucial factor. One of the important things from the borrower point of view is, his credit will go down if he forecloses his property. It effects on borrower credit rating for more than seven years.

So considering all the above factors, if a borrower is good honest person and submits himself/herself to the lender with actual financial position, the lender may help the borrower in saving your house.

Unemployment rate worried traders

As per ADP National Employment report, employment fell by 298000 in August following a loss of 360000 in July. It is much less than the number of losses in since last September 2008, but more than expected by the analysts.

This report on unemployment gave investors another reason to worry about what is widely seen as the biggest problem facing the current economy. Unemployment mostly hit consumer market. People are restricted themselves for consumer spending, which accounts for about 70% of U.S economic activity. It will be a real trouble in pulling the economy out of the longest recession after World War II, without getting much help from consumers.

"Until Friday's data comes, no one is really making any big bets," said Neil Massa, senior trader at MFC Global Investment Management. "A little profit-taking looks healthy at this point."getting much help from consumers.

Investors fear to take risk for the reason that a weak job market can effect in pulling up the economy and hit the stock market. For every two stocks, three fell.

The Dow fell 29.93, S&P index fell 3.29, while the Nasdaq fell 1.82. Bond price get a rise. Other smaller companies fell 2.23.

Toyota cuts dividend for first time in last 14 years

The world's biggest automaker, Toyota Motors Corp, announced a loss of $8.6 billion as a result of low sales. TM files a loss of $6.9 billion for Jan-Mar fourth quarter and cuts it's annual dividend. It's the first time that Toyota cuts annual dividend since at least 1994.

The economic market downturn lowers the demand of cars, which pushed Chrysler, an U.S rival to file bankruptcy and hit Toyota badly. It's first-ever operating loss filed by this Japanese giant after a record profit the year before.

Toyota expected its sales to fall around 14% to ¥6.5 billion globally in 2009/10. For capital spending ¥830 billion is reported, which ¥1.3 trillion a year was before. Whereas, Honda Motors Co. (HMC), a domestic rival announced profit with small margin. This is because of their healthy business for motorcycle.

But many other are in the same situation as Toyota is in. General Motors Corp. reported a loss of $6 billion for the first-quarter.

Toyota said that for this financial year, it wants to cut 10% of the fixed cost or approx $5 billion. This will be done by salary cut, work-sharing and other measure. It also plans to cut down the capital spending.

It cuts its annual dividend from ¥140 to ¥100.

Confused which bankruptcy to file? Check common types of bankruptcy

Chapter 7: It's also known as liquidation bankruptcy, which means your liquid assets are used to repay creditors. Liquid assets are those assets that can be converted into cash quickly, e.g. saving and checking accounts. Some of your liquid assets are distributed to the creditors by courts. Any remaining debt after distribution of liquid assets to your creditors is discharged. After this you are not liable to repay any debt and no creditors or third party collection agencies can claim any debt from you.

To qualify for chapter 7 bankruptcy, you need to show as per your family size your income is less than the median in your state.

Chapter 11: Also known as reorganization and commonly used by the owner of a business or corporation. In chapter 11 bankruptcy, you can continue your business and maintain ownership of all your assets and to pay off your creditors, work out a reorganization plan.

Chapter 12: Especially for family farmers and fishermen. In chapter 12 bankruptcy, debtors can control their assets by full ownership and work out a reorganization plan to pay off the creditors. It’s like chapter 13 bankruptcy but stretches over three year.

Chapter 13: Filing chapter 13 bankruptcy is adjusting your debt with regular income and reconstructing your repayment plan. You can repay some creditors in full with interest, others a part of your debt in a time period of three to five year with a repayment plan.

Relief for homeowners and mortgage borrowers

The Obama's new mortgage plan is in progress and hope to be in effect soon. Six participants have signed up for President Obama's loan modification plan, which includes 3 of the nation's largest banks, reported by The Treasury Department.

1. JPMorgan Chase (JPM, Fortune 500), which will get up to $3.6 billion
2. Wells Fargo (WFC, Fortune 500), $2.9 billion
3. Citigroup (C, Fortune 500), $2 billion.
4. GMAC Mortgage, $633 million
5. Saxon Mortgage Services, $407 million
6. Select Portfolio Servicing, $376 million.

More loan servicers will join over time, said by a treasure spokesman.

The major loan servicers have already started modifying loans earlier this month under government initiative. This includes JPMorgan Chase and Wells Fargo. And Citigroup will start soon.

Homeowners and borrowers were desperately waiting for the program to launch since it was announced in the month of February this year. Under this modification plan, the servicers will reduce interest rates in such a way that the monthly installment should not go beyond 38% of pre-tax income of a borrower. It can be reduced to 31% by government. Loan amount can also be reduced to affordability levels by servicers. Government will share in the cost that the servicers will reduce.

"We view this modification program as yet another incremental opportunity for thousands of homeowners to preserve and maintain the dream of homeownership," Wells Fargo said in a statement.

It's great news for mortgage borrowers. It will help up to 9 millions borrowers’ to stay in their homes and own it completely. I really appreciate the plan and step taken by President Obama to help homeowners. I'm waiting for this modification plan to start in full flow.

Credit card debt: Most American's are suffering from.

Do we use credit card positively? We our self know the answer better. There is no responsible use of credit card. Our expenses get increased with the credit card.

Credit card is a great help if we use it in a better and positive way. It's use should be for emergency purpose when you don't have cash. But now days we don't carry cash, because we have credit card. It's seen that half of our monthly income goes for credit card bill and that's not enough to stop the growing debt as every month we manage to pay the minimum payment and the bill amount remains closer to original amount. We pay interest more than that of original amount we spend, but we hardy think on that.

We don't get enough to pay the bill in full and keep paying the minimum amount and thus the credit card debt keep growing. It's same as gaining weight. You can gain it easily, but hard to lose. Then you work hard to lose your weight and in the same way you work hard to get out of credit card debt

Loan Modification: Get a new start and save your home

Loan modification is a revised agreement between the borrower and lender with new interest rates and terms. It's a great tool for borrowers to avoid foreclosure or bankruptcy. Banks or lenders agree for loan modification only if they believe that the borrower won't be able to repay the current loan with current terms and interest rates.

If you are able make regular payment now, but can't catch up with the past dues, you can negotiate with lender/banks for the past due amount including interest and principal. Once the lender agrees on this, you will get a new period of time to repay for the new amount.

Or if you are unable to pay with current interest rates, you can negotiate with lender to extend the time period. The loan amount can be modified to affordable level.

In few cases the banks or lender can consider reducing the loan amount that you currently owe and also can lower the interest rates. It's up to your negotiation and the lender to consider it.

Considering the present market status it is of sure to get the loan modified, as the banks and lender are aware of the financial crisis. They know that if they don't give a chance to borrower to repay the amount with their affordable level, they might not get their money at all.

A loan modification can change current mortgage and help you to get a fresh start to manage your financial status and save your home.

Global job crisis.

Union activists protest against rising unemployment in Sao Jose dos Campos

We all know about the present situation of global economy and job crisis all over the world. Let’s check the job crisis percentage of major countries. After 1930 Depression, United States is facing the worst economic crisis. Here are few facts:

• In 2008 2.6 million U.S. jobs were lost.

• Since 1980, only 5 percent wages have increased, whereas 70 percent productivity has grown up.
  

• Each worker is working extra hours or second job to maintain the financial condition. Also each family is sending more members to work.
  

• In the last week that ended on March 7, record says initial jobless applications increased by 9,000 to 654,000.
  

Now let’s check what's going on in UK. It's noted that for each vacancy advertised in UK, there are 10 job seekers. In another area of south-east, for each job 60 workers are available. This week number on unemployment expected to go beyond 2 million. In central London, there are 4,275 vacancies against almost 71,000 unemployed. The most unemployed workers are in Isle of Wight. There are almost 3,152 people going after 52 advertisements.





Job loss at Cadbury UK







Let's check Canada's report. Canada lost more than expected or can say worse than expected 83,000 jobs in February. The jobless rate is almost 2 percent high than were it was in last year. Its now stands at 7.7 percent. In last four months, there are 295,000 jobs shed by economy. Prime Minister Stephen Harper expects the number of unemployment to rise further.

What we understand by recession?

We all know that our world economy is in recession, but do we really know what recession mean? and how it is counted. I'll try to define recession in the way what I understood.

In economics, recession is described as decline of country's gross domestic product for at least two months. Experts and professionals also believe so. But in my point of view the root of recession starts from previous quarters than just last two quarter’s decline. Let go through the economic cycle and check how economic conditions changes like weather.

The Economic Cycle:

When the economic growth is positive, number of employment is maximum and and almost all are making money. Since we are making money we tend to spend it, so demand for goods such as food, vehicle, electronic products are larger. At a point of time demand gets so high that supply can not keep up.

Now this high demand cause a rise in prices of goods. With the prices, salary's need to rise to keep up with the high prices of goods. Rise in salary causes companies to rise most of the items price. When the price of most item get high, consumers either stop buying or slow down considering the prices of goods are too high. The demand gets decreased and companies start cost cutting which leads to decrease the number of workers as they don't need to produce as much goods as before.

With decreasing demand the prices also get decreased which push the economy in recession.

Again companies will come up with various offers and low prices to increase their sale. Due to which demand goes up and the economic cycle goes on.





Graph of recession & the economy over time







In Unites States the official in charge of declaring recession is NBER (National Bureau of Economic Research). Definition of recession as per NBER is “significant decline in economic activity lasting more than a few months.

Check my latest finance post here.

How to consolidate debts?

Debt consolidation is not a complete solution; however, it can provide some instant relief. Debt consolidation is a process of consolidating your credit card debt, payday loan, mortgage loan, personal loan, medical bill into a single monthly installment or payment. It's a process of negotiating with creditors. Its better to take help of a debt consolidator, who negotiates with creditors on behalf of consumer. A good debt consolidator only suggest for a monthly payment that is affordable for the consumer.

There are many benefits of consolidating debt, such as lowering monthly payment, reducing interest rates, removing fees, will be able to reduce balance faster and become debt free in 4-5 years, getting rid of collection calls and more, avoid filing bankruptcy.

How to start the debt consolidation process?

1. List your debts including mortgage, credit card, car loan and other personal debts.

2. Note down the balance, interest rate and monthly payment.

3. Calculate the total amount you will pay on completion of the loan period.

4. You may consider refinancing your mortgage.

5. Use a credit card with low interest rate. Transfer balances of other card to one card.

6. Consult a debt consolidator to negotiate with creditors. Contact a non profit service for debt

negotiation.

7. Consider taking a debt consolidation loan from a reputed company with reasonable interest rates.

Debt consolidation is the best option to avoid bankruptcy, which affects your credit badly and you may face difficulty in getting any sort of financial help in future.

Funny ways to show finacial crisis

Bush on financial crisis.....................haha.....


















Obama- change.......

How to avoid bankruptcy?

We may think that bankruptcy is the fastest and easy way to get out of debts, but actually it is not. It is the last option to be gone for after all other has failed.

After filing bankruptcy it will be difficult for you to get credit and financial help for a long time, as your credit rating will remain low for many years afterward. You may also face other long term tax problems. Above that it is possible that you lose some of your personal assets to pay back the creditors. You have to start again from the beginning to regain your credit, and it will take long period of time to regain the same.

Considering all these points, filing bankruptcy should be the extreme step after you try all other possibilities. Try all possible strategies before going to file a bankruptcy.

Here are some alternatives that can be tried:

Sell your assets: After filing bankruptcy, you could lose everything that can give a value. So its better to sell the things that you don't use. Move to a smaller house. Keep the necessary things and sell the rest. If you own a car, try to get a smaller and cheaper one and sell the present one.

Consolidate your debts: These won't release you from debt, but reorganize it to pay back in a convenient way. Bankruptcy give you a temporary relief, whereas debt consolidation offer a permanent solution of your debts.

Extend your working hours: Work for extra hours in your current job, if you can earn more from that, or try for a second or third job. Ask your partner or spouse to do the same.

Communicate with the creditors: Let the creditors know about your situation. They might consider to offer some relaxation in what your owe to them, rather than not getting anything from you as a bankrupt.

Please add your opinion and some more alternative that you think of.

Personal bankruptcy

Bankruptcy is a way of handling debts that you cannot pay and can get a new start with legal process. All bankruptcy cases are handled by federal court. You need to file a petition to commence bankruptcy including a statement of your assets and liabilities. Also you need to add your creditors list. Until your debts are sorted out by federal court, it stops your creditor to collect debts from you.

Personal bankruptcy can be filed under chapter 7 and chapter 13. Debtors filed bankruptcy under chapter 7 to encash their property and distribute it to creditors. And under chapter 13, debtors can make a 3 to 5 years plan to repay the amount to creditors.

Generally, your debts increases from:

* Medical bills
* Credit cards
* Mortgage payments
* Tax obligations

Before filing personal bankruptcy, you should always consult an attorney who is experienced in handling such cases. He will be able to guide you on how you can get protection from bankruptcy so that you need not loose all your property.