Tags: Credit Card Customers

Just Filed My Chapter 7 Case – Now What?

Richard AvatarWith many clients, once the attorney and client have reviewed the bankruptcy petition, schedules, statements, worksheets and calculations, and their case is ready to file, I am often met with a perplexed look and a question:  ”So what happens next?”What happens next is a flurry of deadlines and court control dates, some of which require the client’s participation (such as responding to the Trustee’s requests for additional information), some do not require the client’s participation, and others may require the attorney’s participation, depending on how the case progresses.

Often, the client is overwhelmed with the detail and the numerous dates, and simply wants to know that they will get their discharge in “about four months”. However, some clients with more complex cases appreciate the added detail, which is why we have added a convenient Chapter 7 Timeline to our website.

The new addition allows a client or prospective client to input their Chapter 7 Filing Date and Section 341(a) hearing date (if known), and will output a scaled timeline with the important dates. Links to the relevant portions of the U.S. Bankruptcy Code and the Federal Rules of Bankruptcy Procedure are also included for cross reference at the bottom of the timeline page.

We hope this tool will help clients, prospective clients and attorneys alike better understand and navigate the meticulous and often trap-ridden world of bankruptcy law.

Richard Simpson

770-623-6341 Desk

404-788-4420 Cell

rsimpson05@bellsouth.net

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When Uruguay striker Luis Suarez raised his hands to block a sure goal from the opposing Ghana side, he committed a foul and paid the penalty — but Uruguay won the game and Ghana’s World Cup team packed its bags.

Suarez got a red card that removed him from the game and suspended him from the semifinal that Uruguay got to play thanks to his unsportsmanlike conduct. There is no goaltending rule in soccer, and Ghana failed to make the ensuing penalty kick and then lost the overtime penalty shootout.

Suarez and Uruguay earned universal opprobrium, but, hey, all the rules were applied and they won the game. “Truth is, it was worth it,” a grinning Suarez said after the game.

Richard AvatarIn thwarting the extension of unemployment benefits, Senate Republicans are playing with Uruguayan tactics, manipulating the rules in a brazenly unsportsmanlike attempt to win the game at any cost.
AM Report: Jobless benefits spark fierce debate

Jobless benefits are leading to a fierce debate: Do they prompt jobless workers to be pickier in their searches? Or is employment insurance a prudent response to the worst recession in decades?

Using the pernicious filibuster rule, the minority party is breaking with a long tradition of automatically providing federal support in times of high unemployment, imposing further hardships on thousands of families.

It is bad politics, bad economics, and just plain nasty, but Republicans are clearly intent on sabotaging the Obama administration no matter what the cost to individual Americans.

The Republican objections about not wanting to extend unemployment unless it is “funded” because they don’t want enlarge the federal deficit are bogus and hypocritical. They never hesitated to add to the deficit when it was a question of tax cuts for the wealthy, estimated to have cost $2 trillion over six years. The $35.5 billion for the unemployment benefits is negligible compared to that figure.

Sacrificing such a relatively small expenditure on the altar of fiscal rectitude really does turn deficit hawks into deficit terrorists, to use economist Bill Mitchell’s phrase. To insist on this sacrifice when unemployment is at nearly 10% and Treasury yields are at historic lows is truly foul play.

No less an authority than Mark Zandi, the Moody’s economist who was one of John McCain’s economic advisers during his presidential campaign, said it is vital to extend the benefits regardless of the deficit. The risk of a double-dip recession by not extending them more than outweighs any harm done through a short-term blip in the deficit, Zandi said in congressional testimony last week.

The denial of unemployment benefits to hard-pressed Americans is just the latest tactic in the Republican’s scorched earth strategy.

“Paying for it…should not be a precondition for Congress to provide more financial help to unemployed workers, strapped states and municipalities, and small businesses looking to expand,” Zandi told the House Budget Committee. “A larger near-term federal deficit is not an economic problem.”

Congress can offset the expenditure a couple of years from now, “when the economy is in full swing,” said this economist, whom no one has ever accused of pandering to the left.

But the unprecedented denial of unemployment benefits to hard-pressed Americans — make no mistake, children are going hungry as a result — is just the latest tactic in Republicans’ scorched earth strategy designed to maximize their political gain in the November midterm elections.

It’s a cruel and cynical strategy that could well backfire, even though it victimizes some of the weakest and most disenfranchised sectors of the electorate.

The Republicans are evidently counting on the rage of voters hurt by the economy to be targeted at the Democratic majority, but people aren’t that stupid. They know that the Senate Republicans — and the unfathomable Nebraska Democrat Ben Nelson — are the ones who blocked the aid.

Matthew Kaminski of The Wall Street Journal cited the Suarez incident as well as some of the big refereeing gaffes in the World Cup competition as the reason why Americans don’t like soccer — it violates our sense of fair play.

And yet the Republican strategy of winning at any cost — any cost to the American people, any cost to the common weal — is a much greater violation of any sense of fair play, with much graver consequences.

The Netherlands handily defeated Uruguay in the semifinal and his red card was the last action Suarez saw in the contest. If the American sense of fair play kicks in this November, a number of Republicans may be looking at their own red cards

UNDERWATER HOMEOWNERS AND THE ECONOMY
In a recent report, Mustafa Akcay, of Moody’s Economy.com masterfully outlined the delicate relation between underwater homeowners and the recovery of the US economy.
Moody’s expect about 4 million homeowners to enter foreclosure in 2010 with failed loan modifications further depressing home prices. This drives their call for additional housing rescue programs.
Here are their four reasons why underwater homeowners pose a risk to the US recovery:
1. Negative equity has become an important driver to foreclosures.

2. The number of underwater homeowners, though declining, is still critically high.

3. The Loss of home equity undermines consumer spending and depresses house prices.

4. The US economic expansion will remain fragile as long as the housing market remains vulnerable.

Moody’s Economy.com estimates:
� 14.9 million homeowners, one-third of all mortgage borrowers, owed more than the market value of their homes at the end of 2009.

� This is 1.2 million lower than the peak in Q2 2009.

� More than 9 million homeowners� loan-to-value was above 120% by the end of last year.

� Mortgage outstanding in negative equity at the end of 2009 totaled $2.5 trillion nationwide.

� More than of mortgages outstanding might be at risk of defaulting.

� Total amount of negative equity was $900 billion at the end of last year.

� States with once-hot housing markets have the largest volume of negative equity.

� Underwater homeowners owe $254 billion in negative equity in California and $88 billion in Florida.

� In Nevada, 80% of mortgage loans were under water at the end of 2009, with Arizona and California following close behind.

� By the end of 2009 1.6 million homeowners in California had loan-to-value ratios above 120%, followed by Florida with 1.1 million and Michigan with 560,000.

� Michigan is the only hard hit state that did not experience a housing bubble, job losses brought values down.

Mustafa Akcay summarizes, “Home prices will remain depressed at least until 2012, with some tentative decline in the second half of 2010 and in 2011, keeping the number of negative equity homeowners high for some time.”
“The downside risk for strategic defaults is that lenders more aggressively seek repayment. In that case, underwater borrowers who are able to service their mortgage debt would be discouraged from defaulting, and strategic defaults would constitute a smaller share of all foreclosures.�”

Key Economic Reports Released This Week

RELEASE
DATE
ECONOMIC
INDICATORS
RELEASED
BY
CONSENSUS Wt. INFLUENCE ON
INTEREST RATES
Tue 06/01
10:00 am et
ISM (NAPM) Mfg
for May ‘10
National Association of Purchasing Mgt. 60.0%
** �If above consensus
�If below consensus
Tue 06/01
10:00 am et
Construction Spending
for April ‘10
Bureau of the Census
Dept. of Commerce
-0.8%
** �If above consensus
�If below consensus
Wed 06/02
7:00 am et
MBA Mtg Apps Survey
for week ending 05/28
Mortgage Bankers Association of America N/A
* Undetermined
Wed 06/02
10:00 am et
Pending Home Sales
for April ‘10
National Association
of Realtors
8.0%
** If above consensus
If below consensus
Wed 06/02
Motor Vehicle Sales
for May ‘10
Automobile Manufacturers Vechiles 11.4M
** Undetermined
Thu 06/03
8:15 am et
ADP Employment Report
for May ‘10
Automatic Data Proc &
Macroeconomic Advisors
100K
** If above consensus
If below consensus
Thu 06/03
8:30 am et
Jobless Claims
for week ending 05/29
Bur. of Labor Statistics
Department of Labor
445K
* �If above consensus
�If below consensus
Thu 06/03
8:30 am et
Productivity & Costs
Q1 ‘10 revised
Labor Department Prod 4.2%
Costs -2.2%
** �If above consensus
�If below consensus
Thu 06/03
10:00 am et
Factory Orders
for April ‘10
Bureau of the Census
Dept. of Commerce
1.5%
* �If above consensus
�If below consensus
Thu 06/03
10:00 am et
ISM Index (Non-Mfg)
for May ‘10
National Association of Purchasing Mgt. 56.0%
** �If above consensus
�If below consensus
Fri 06/04
8:30 am et
Employment Situation
for May ‘10
Bur. of Labor Statistics
Department of Labor
Payrolls 600k
Umemp 9.8%
**** �If above consensus
�If below consensus

The use of credit scoring is vital to the mortgage underwriting process.  However, behind the scenes, a war is raging over who can lay claim to that process, with one party recently losing ground in the courtroom.

The Fair Isaac Corp. (FICO: 23.25 -0.90%) was denied a new trial regarding what it claims is clearly its trademark; that is, the act of rating an individual’s credit on a scale of 300 to 850.

However, VantageScore Solutions, the credit rating provider created by America’s three major credit reporting companies — Equifax (EFX: 32.59 -0.64%), Experian and TransUnion — successfully argued that its system that rates credit on a scale between 501 to 990, is not in violation of the FICO trademark.

The presiding US district judge in Minnesota, Ann Montgomery, went a step further and called for FICO’s trademark to be invalidated in her verdict.

In her decision, Montgomery addressed the jury’s finding stating, “Indeed, the jury’s verdict was a wholesale, unambiguous rejection of Fair Isaac’s central theory of the case — i.e., that one can legitimately claim trademark protection in the numerical range for credit scores.”

VantageScore Solutions CEO Barrett Burns said that the court’s decision confirms its longstanding allegation that FICO’s claims are “meritless,” and “at every step, VantageScore has prevailed against Fair Isaac’s claims.”

“Should FICO appeal, we remain confident we will prevail there too,” Burns said.

And FICO has the full intention of appealing, according to Craig Watts, a director of public affairs at Fair Issac. As to be expected, he said that FICO strongly disagrees with Montgomery’s verdict.

Watts added that the basic tenants of the case surround fairness and consumer protection, not against the numerical methodology for presenting that value, especially as it pertains to the sale of those scores to mortgage lenders, for example.

“Nothing has changed as a result of this order,” he said, “the defendants have not been held accountable for copying what it took FICO 20 years to build; and consumers will continue to be victims of big-budget ad campaigns that trick them into buying knock-off scores that they think are the genuine FICO scores lenders use to make decisions.”

Write to Richard Simpson at rsimpson2010@live.com

NEW YORK (CNNMoney.com) — If you’re delinquent on your mortgage, your credit score will suffer. Everyone knows that. The question is, by how much?

Until recently, those answers were hard to come by. Credit bureaus were uncommunicative about expressing, in points, just how much impact different foreclosure types of mortgage delinquencies have on scores.

chart_credit_score.gif

Recently, Fair Isaac, which developed FICO scores, pulled back the curtain a bit, revealing some estimates of point-score declines following mortgage delinquency problems.

Here are the average hit your credit will take:

30 days late: 40 – 110 points

90 days late: 70 – 135 points

Foreclosure, short sale or deed-in-lieu: 85 – 160

Bankruptcy: 130 – 240

To come to these figures, Fair Isaac created two hypothetical consumers, one who starts out with a fair-to-middling score of 680 and the other with a very good one of 780. (FICA scores range from 300 to 850.)

The hypothetical person with the 780 FICA has 10 credit accounts versus six for the 580, plus a longer credit history, lower utilization of total credit limit and no missed payments on any account. The other consumer has two slightly damaged accounts. Neither have any accounts in collection or adverse public records.

See the chart above to see how each scenario affected each borrower.

Notice that for both borrowers a single one-time black mark results in steep drops, but it is when they fall further behind that things get really harsh, according to Craig Watts, a spokesman for Fair Isaac.

“The lending industry tends to regard an account differently when it has become 90 or more days late,” he said, “The likelihood that consumers will resume paying their overdue obligations drops off significantly after the delinquencies have reached 90 days.”

One reason credit companies were so closed-mouthed is that they often can’t definitively state how much each delinquencies will affect scores because there are too many variables.

Some borrowers will fall much more steeply than others for the same payment problem, according to Maxine Sweet, vice president for public education at Experian, one of the nation’s main credit bureaus.

“If you picture someone who has just one mortgage and one other credit account versus a mature credit user like me with 15 accounts, if they miss one payment that would impact their scores a lot more,” she said. “For me, one missed payment would just be a blip.”

The point loss also depends on the borrower’s starting point: People with very high credit scores have more to lose than low-score borrowers; the impact of a single blemish on an 800 score is more than on a 500.

0:00 /2:23Homeowners overtaxed

Of course, it just gets worse when you face foreclosure.

Mortgage borrowers can lose their homes three basic ways: a foreclosure; a short sale, where the home is sold for less than than is owed and the bank (generally) forgives the difference; or a deed-in-lieu, in which the borrower gives back the property and the bank again forgives any unpaid balance.

Sweet said credit bureaus generally slash scores equally for those three resolutions to someone losing their home. The important factor, she said, is that “it’s reported that you paid less on a settled account.”

Some borrowers may think that because they never missed a payment, they can “walk away” from their homes with relatively little impact on scores. Not true. “When a deed-in-lieu or short sale is reported as a partial payment, it’s treated as a serious delinquency,” Watts said, “just like a foreclosure.”

Even if borrowers made payments faithfully for years before short selling or doing a deed-in-lieu, their credit score will still take a hit. The total decline will run about 85 points for the 680 score borrower to as much as 160 for the 780 score.

Mortgage debt, combined with other financial problems, can send borrowers into bankruptcy, the worst thing that can happen to your credit score.

The effects are long-lasting, according to Sweet. In a Chapter 13 bankruptcy, which involves partial repayment over several years, the stain will take seven years to remove. A Chapter 7 bankruptcy, which involves liquidation, takes 10 years to get over.

It’s gonna cost you

Absorbing a big credit-score hit can make many transactions more costly. It’s not just paying more for credit card debt and auto loans, insurance can cost more as well.

The average savings for someone with a good versus mediocre credit score is about $115 a year for auto insurance and $60 for home, according to Loretta Sorters, of the Insurance Information Institute.

A low credit score can even make it harder to rent a home because landlords often use credit scores to weed out prospective renters.

Despite the problems a poor credit score can cause, Experian’s Sweet recommends that people who are in financial dead ends, like totally unaffordable mortgages, it’s better to recognize that and cut your losses quickly; don’t prolong the problem.

“You need to do what you need to do to get your finances back in order,” she said. “Don’t worry about your credit score.” To top of page

Richard Simpson  770-623-6341

Sometimes people who have good credit are charged higher rates and fees for loans because they don’t know that their credit is good. Getting your credit report and credit score may help you negotiate the best loan for you, so you don’t pay more than you should have to pay. You’ll want to look for any mistakes in your credit report and take steps to correct them. Most credit scores range from 300-850, and the higher the score, the better your credit.  Most lenders consider scores over 700 as “good” to “excellent” scores.

The three major credit reporting agencies are:

You can obtain your credit report for FREE through https://www.annualcreditreport.com.  You may obtain 1 FREE copy per year by law.  The only consideration is they do not disclose a very important piece of data, your Credit Score.  In order to get the Credit Score you have to purchase it.

The problem with purchasing your score is knowing which one to get.  Each of the three top credit reporting agencies sell a different product. My FICO, True Score, and Vantage Score.  The best by far is My Fico.  This is the closest model used by most lenders.  True Score can be off 50-100 points.  In any case you need to get a hold of your credit report and you should get it from all THREE Reporting Agencies.

 Richard Simpson

770-623-6341

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Myth: The bank wants your house

Truth: The bank almost never wants your house, they want the money they lent you paid back with interest. In fact, banks usually hate going through the foreclosure process and will bend over backwards to work with homeowners in avoiding a foreclosure. Often the bank’s flexibility still doesn’t go far enough in stopping the home foreclosure. Never confuse that with the bank “wanting” your house. Treating the bank with contempt or completely avoiding them because you think they “want” your house may only serve to hasten the result that neither of you want, that they “get” your house.

Myth: The bank will not take my payments, I can do nothing else
Truth: At some point many banks say if you do not pay all of your arrears in full they will not accept a partial payment. Maybe a month later you get that figure together only to find the bank sends it back because another month has gone by and now the “all or nothing” requirement has grown. Do not fear! If you and the bank can not get together on a solution for stopping foreclosure a mortgage negotiation professional can set up a plan for you to pay just a portion of the arrears now if along with the partial mortgage arrears payments you set a plan to pay future current payments and catch up on the remaining arrears over time, sometimes months, sometimes the life of the balance of the loan or extending the loan. The foreclosure process stops and as long as you stick to the plan you keep the home. Don’t miss a payment under the new plan or the foreclosure process can pick up where it left off and banks rarely give second chances with this type of plan for avoiding foreclosure. If this fails you may still have the option of a Chapter 13 bankruptcy to save the house from foreclosure. Don’t forget when the bank stops accepting your mortgage payments do not spend all your money elsewhere, you will need it to save the house. Read more on this at “Who to pay when you can’t pay everyone”.

Myth: I received a foreclosure notice; I have to move out now
Truth: Most states have a very long foreclosure process, even after failure avoiding foreclosure you do not have to move. Following a foreclosure you must go through an eviction hearing. Eventually you will be physically removed. I’m not suggesting you hold out until the end, but making sure you know you get to stay and fight if you want. Time can be on your side if you take action early and don’t waste the opportunities for stopping the house foreclosure.

Myth: I’m in foreclosure, no bank will refinance me out of this foreclosure
Truth: If you have enough equity in your home, typically 60%-70%, specialty lenders will refinance the house to pay off the old bank and stop the foreclosure.

Myth: If I go through a foreclosure I can never buy a house again
Truth: From a banking point of view foreclosures can be viewed as one of the worst things ever on a credit report. Even so, some banks will make you a loan very soon after a foreclosure. Be prepared for very large down payments and high interest rates. Most often the terms of these loans prevent people from buying another house not that funding does not exist. In time provided you work hard to rebuild your credit you can go to a bank almost as if the foreclosure never happened, although expect that may take 4-7 years. Click here for an article about bad credit mortgages or applications for loans after foreclosure.

Myth: On the foreclosure auction day everyone in the world is going to invade my house
Truth: While some foreclosure sales may be held “at” the property no one will come inside unless you invite them.

Myth: A chapter 7 bankruptcy will stop my foreclosure and save the house
Truth: A chapter 7 bankruptcy will stop the home foreclosure on a temporary basis only.

Eventually you need to do something else to keep the house in the long run if you are facing foreclosure.

Myth: Homeowners can come up with all sorts of creative ideas for stopping home foreclosure and the bank will go along with the smart plans
Truth: Bank’s organizations in most cases involve complex bureaucracies and specific procedures. Most times the smartest plans remain destined for rejection. Stick to a plan within formats and parameters the bank works with everyday for avoiding foreclosure, get a foreclosure prevention professional to help you if needed.

Richard Simpson  / call 770-623-6341

Richard As you probably know, there are two types of consumer bankruptcy cases available to you – a Chapter 7 which wipes out debt, and a Chapter 13 which creates a five year payment plan in which you pay back some or all of your debt with your “disposable income.”

When re a Chapter 13 case is prepared, we work with you to create a liveable budget.  The money “left over” after you pay for housing, food, transportation, insurance, utilities and other necessities must be sent to the Chapter 13 trustee, who then disburses these funds to your creditors based on a plan of reorganization that we submit to the court.

What happens if you need to file a Chapter 13, you have not yet filed your tax return for last year, but you know that a refund will be coming your way.  The simple answer is that unless you are paying back your creditors at 100%, your Chapter 13 will demand that you turn over your tax refund check, and will use that money to pay your creditors.  If you know that a refund is headed your way, make sure to tell your lawyer before you file – there are some steps you can take to preserve some or all of your tax refund money.

Your Chapter 13 trustee will also want future refunds paid to the trustee.  This situation is easier to handle – you will want to adjust your payroll withholdings so that you do not have any refund coming.  As far as the Chapter 13 trustee is concerned, your tax refund is kind of like a savings account that artificially reduces your net pay amount.

All of the Chapter 13 trustees in the Northern District of Georgia require debtors who are paying less than 100% to creditors to include in their Chapter 13 plans a provision that authorizes the IRS to intercept any refund payable during the years that your plan is in effect and send this money to the Chapter 13 trustee.  And until now, the IRS has cooperated with the Chapter 13 trustees in redirecting refund money.

In January, 2010, however, a federal district court in Michigan has rules that the Chapter 13 trustee does not have the power to compel the IRS to serve as its collection agent.  In the case of United States v. Carroll, a judge in the Eastern District of Michigan ruled that there is no legal basis for the IRS to withhold money and deliver it to the trustee because Congress has not waived the IRS’ “sovereign immunity” that would otherwise leave the IRS vulnerable to contempt actions and other enforcement actions by the trustee (in other words, if the IRS failed to withhold a debtor’s refund, the trustee would not have the right to sue the IRS for damages or for remedial action).  The Michigan judge issued an order forbidding the bankruptcy courts there from confirming any Chapter 13 plan that has the income tax refund seizure language.

I would not be surprised if bankruptcy courts elsewhere in the nation begin to follow the path set by the Michigan judge.  We’ll know soon enough, but I suspect that the trustees in the Northern District may discontinue their demand for an income tax provision involving the IRS in Chapter 13 plans.

I do not expect, however that Chapter 13 trustees here or elsewhere in the country will permit Chapter 13 debtors from keeping large tax refunds.  I suspect that trustees will still demand provisions that obligate debtors to tender their tax refunds but they will expect the debtors to send in the money, rather than having it withheld by the IRS.  I will continue to advise my clients to minimize their refunds to avoid the problem entirely.

Needless to say, losing this automatic tax refund payment mechanism will make enforcement of tax refund plan provisions much more difficult.  It will be interesting to what if anything Chapter 13 trustees do to address this potential administrative nightmare.

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