Loan Modification, bankruptcy, debt settlement

Bankruptcy Counts and Trends For The 2000s

1 Comment »

The American Bankruptcy Institute tracks and reports on bankruptcies in the United States. They provide a lot of statistics on their site. For example, there are spreadsheets that show total filings with breakdowns for business and non-business for 2007-2010 and 2000-2006. These are available on their site at http://bit.ly/mDaCp1 along with many other interesting and useful statistics.

The human mind being what it is, looking at spreadsheet data can be painful and require a lot of effort to extract trend information and relationships. So I used their data to create a couple of bar charts.

The first shows total filings and total business and non-business (consumer) filings from 2000 to 2010. There is an obvious drop in 2006 due to the major changes in bankruptcy law that year. However, you can see that the trend is, unfortunately, upward since then and that we are back to the same totals we had in 2003-2005. It will be interesting to see if in the next few years, the numbers will decrease as the economy—hopefully—improves or if they will stay near the historical average (at least for this decade).

Bar chart of total bankruptcy filings 2000-2010

Read the rest of this entry »

This Week in Bankruptcy, Debt Settlement, and Loan Modification

Comments Off

Interesting and informative blog posts during the week of 6/20-6/24/11

Bankruptcy

Can “Above Median Income” Debtors Satisfy the Means Test and Still File Chapter 7?

If you are an “above-median income” debtor, you may wonder if you can still file Chapter 7.   The answer to this question is “yes,” but your case will be more complicated. Although the phrase “means test” suggests a single calculation…

How To Dismiss Your Chapter 7 Bankruptcy Case

You filed for Chapter 7 bankruptcy and something went wrong.  Maybe you didn’t have a lawyer, or perhaps something went awry in your case.  Whatever it was, you want to get out of the case as quickly and easily as possible…

Bankruptcy is NOT for Liars, Cheats, Crooks

Bankruptcy is not for liars, cheats and crooks. Debt discharge is reserved for honest, but unfortunate, debtors who need a fresh start in life. If you do not want to come clean and make a full and honest disclosure of all your financial affairs, bankruptcy is not for you. Only people who tell all there is to tell about their money and property and answer all questions truthfully and completely…

US Supreme Court Bankruptcy Watch: Readying for Stern v. Marshall — A Bombshell or a Dud?

Three or four more opinion days before the United States Supreme Court’s term closes.  Sixteen opinions have yet to be delivered.  But if a lifelong, diehard, Bronx-born Yankee fan, Justice Sotomayor (who some say saved baseball), is willing to sport a CUBS jersey while throwing out the ceremonial first pitch in Saturday’s Yankee-Cubs game (I can’t imagine a White Sox fan ever doing that!)…

US Supreme Court’s Bombshell Opinion in Stern v. Marshall Draws the Line Against Incremental Erosion of Article III Judicial Power

In my last post, I wondered whether the Court’s decision in Stern v. Marshall would be a bombshell or a dud.  It certainly was no dud.  And after reading the 5-4 opinion, I’d say that it’s a bombshell in several respects, both from a bankruptcy and constitutional perspective.  Here’s four reasons why:…

Debtors Entitled to Damages for Willful Violation of Stay – Laboy v. Doral Mortgage Corp.

Our Rancho Cucamonga foreclosure defense attorneys were interested to see a recent decision reminding mortgage companies that they cannot violate the automatic stay on debt collection provided by bankruptcy. In Laboy v. Doral Mortgage Corp., the First Circuit Court of Appeals enforced sanctions against Doral, the mortgage lender, for willful violation of the stay provided to Luis Vazquez Laboy and Carmen Garcia Calderon…

Would This Cause a Creditor to Object to a Chapter 13 Plan?

I worked on a case this past week with a California attorney, practicing in the Riverside Division of the Central District.  The client had a home that carried a mortgage of $402,500; however, the home was appraised at only $178,000.  This is a common occurrence in California.  Although the real estate market crash has affected every state in a large way, the state of California seems to have the largest gap.  And every time I prepare petitions in California, it amazes me at the staggering numbers I encounter…

How To Add Chapter 7 and 13 Bankruptcy to Your Current Law Practice

I do not have to tell you about the problems with our economy. If your law firm has not been touched by the current recession, you at least know someone who has.  Now, you have the opportunity to add a much needed bankruptcy service to your current practice in order to assist your current clients in other ways…

More on Allonges

My post on allonges generated quite a bit of response, on and off the blog. But here’s what’s troubling me–if allonges are being fabricated ex post, who is doing it?…

Anna Nicole Smith May Be More Than Just the Only Loser on This One

Vickie Lynn Marshall, as she is known to bankruptcy mavens, or Anna Nicole Smith, as she is known to normal people, lost today in her second round before the Supreme Court…

Downward Spiral Of Bank Stocks Is Predicting An Economic Crisis

After rallying last fall, many of the big bank stocks have seen substantial declines from the beginning of the year. Growing fears about the health of the banking industry are discussed in the latest Economics and Mortgage Market Analysis issued by Fannie Mae…

Bankruptcy Court Challenges DOMA

The Defense of Marriage Act, which bars federally recognized same-sex marriage, got a surprise challenge from a California bankruptcy court last week. Here’s a look at what happened and what it might mean in the future…

Texas Bankruptcy Courts Split Over Application of Schwab v. Reilly

The Supreme Court’s decision in Schwab v. Reilly, 130 S.Ct. 2652 (2010) last term provoked a lot of concern about the finality of exemptions. Under Taylor v. Freeland & Kronz, 503 U.S. 638 (1992), a trustee’s failure to timely object to an exemption, even a frivolous one, meant that the asset left the estate…

Supreme Court Finds Core Counterclaim Jurisdiction Unconstitutional, Sends Vickie Lynn Marshall Estate Packing

After fifteen years of litigation, two trips to the Supreme Court and the deaths of both of the original antagonists, the Supreme Court decided Stern v. Marshall, ___ U.S. ___ (2011). While Vickie Lynn Marshall, better known as Anna Nicole Smith…

Debt Settlement

How to avoid racking up debt in college

An increasing number of students are getting into debt these days. A lot of college-goers spend recklessly without realizing that they would be repaying it for years after graduating…

 

And just for fun:

Stuff You Wish You Could Say in a Meeting – But Never Can

The following phrases actually came from “Some Useful Condescending Phrases” intended for Evil Overlords, but who hasn’t had the following thought bubbles over their heads during unending, unproductive, doughnut-free meetings…

Stern v Marshall – Big or Little Impact?

Comments Off

Supreme court shadowed by Capitol
Creative Commons License photo credit: Serge Melki

Yesterday, June 23, 2011, the Supreme Court issued its ruling (actually it’s second ruling) in this very long running and convoluted case (it started back in 1994).

I love Chief Justice Robert’s reference to Dickens’ Bleak House story of a lawsuit that had become so complicated that “no two…lawyers can talk about it for five minutes, without coming to a total disagreement as to all the premises. Innumerable children have been born into the cause: innumerable young people have married into it;” and, sadly, the original parties “have died out of it.” A “long procession of [judges] has come in and gone out” during that time, and still the suit “drags its weary length before the Court.” One could obviously right exactly the same thing about Stern v Marshall.

There are already some great discussions on this ruling out on the web. Two I particularly enjoyed are Steve Sather’s at A Texas Bankruptcy Lawyer’s Blog and Steve Jakubowski’s at The Bankruptcy Litigation Blog.

Here’s one great comment from Steve Sather: “Thus, the Court’s consideration of the constitutionality of §157(b)(2)(C) is not just about which person in a black robe will decide a particular case or which estate of a dead person will receive a lot of money, but rather, it is a mighty bulwark protecting us against a new King George and his corrupt judges.”

Probably the biggest concern is whether this ruling will increase the workload of an already overloaded court system. The majority opinion stated that no, “We do not think the removal of counterclaims such as Vickie’s from core bankruptcy jurisdiction meaningfully changes the division of labor in the current statute.” However, the dissenting opinion, written by Justice Beyer, stated that it would increase the workload because a game of jurisdictional ping-pong would occur between the District and Bankruptcy courts.

I guess only time will tell.

State and Federal Homestead Exemptions

Comments Off

Brett Weiss at Bankruptcy Law Network wrote an interesting article on When a Tax Lien Can Be a Good Thing…
You should read the article; Brett does make a great point about how a tax lien could be a blessing in disguise and help save a home in a Chapter 7 or reduce payments in a Chapter 13.
Brett mentions the federal homestead exemption and a couple of states but he doesn’t go into a lot of detail. While there are a couple places on the Internet where you can find this, the data is usually mixed in with other stuff, so I thought it would be handy to present a list of just the homestead exemptions by state.
Most states grant the homestead exemption to real property or mobile homes and that the house be the debtor’s primary residence. In these cases, I’ve only listed the amount. If there are other requirements, I’ve listed them.

Alabama $5,000; cannot exceed 160 acres (husband & wife may double)
Alaska $70,200 (joint owners may each claim a portion, but total can’t exceed $70,200)
Arizona $150,000; sale proceeds exempt 18 months after sale or until new home purchased, whichever occurs first (husband & wife may not double)
Arkansas For married person or head of family: unlimited exemption on real or personal property used as residence to 1/4 acre in city, town, or village, or 80 acres elsewhere; if property is between 1/4 to 1 acre in city, town, or village, or 80-160 acres elsewhere, additional limit is $2,500; homestead may not exceed 1 acre in city, town, or village, or 160 acres elsewhere (husband & wife may not double)
California Real or personal property you occupy including mobile home, boat, stock cooperative, community apartment, planned development, or condo to $75,000 if single & not disabled; $100,000 for families if no other member has a homestead (if only one spouse files, may exempt one-half of amount if home held as community property and all of amount if home held as tenants in common); $175,000 if 65 or older, or physically or mentally disabled; $175,000 if 55 or older, single, & gross annual income under $15,000 or married & gross annual income under $20,000 & creditors seek to force the sale of your home; forced sale proceeds received exempt for 6 months after; separated but married debtor may claim homestead in community property still occupied by other spouse. (Husband & wife may not double)
Colorado $60,000; $90,000 if owner, spouse, or dependent is disabled or age 60 or older; sale proceeds exempt 2 years after received (husband & wife may double)
Connecticut $75,000 (husband & wife may double); applies only to claims arising after 1993, but to $125,000 in the case of a money judgment arising out of services provided at a hospital.
Delaware $100,000 in 2011, and $125,000 in 2012; $125,000 for persons totally disabled from working or married persons where at least one of the spouses is 65 years old or older. (joint filers may not double)
Washington DC Any property used as a residence or co-op that debtor or debtor’s dependent uses as a residence. (This implies there is no limit)
Florida Real or personal property including mobile or modular home to unlimited value; cannot exceed half acre in municipality or 160 acres elsewhere; spouse or child of deceased owner may claim homestead exemption (husband & wife may double)
Georgia $10,000 ($20,000 if married, and the property is solely owned by one spouse); up to $5,000 of unused portion of homestead may be applied to any property
Hawaii $20,000; head of family or over 65 to $30,000; property cannot exceed 1 acre; sale proceeds exempt for 6 months after sale (husband & wife may not double)
Idaho $100,000; sale proceeds exempt for 6 months (husband and wife may not double)
Illinois $15,000 (husband and wife may double); sale proceeds exempt for 1 year
Indiana $17,600 (husband and wife may double); Property held as tenancy by the entirety may be exempt against debts incurred by only one spouse
Iowa Unlimited value; property cannot exceed 1/2 acre in town or city, 40 acres elsewhere (husband & wife may not double)
Kansas Unlimited value; property cannot exceed 1 acre in town or city, 160 acres on farm
Kentucky $5,000; sale proceeds exempt
Louisiana $25,000 (if debt is result of catastrophic or terminal illness or injury, limit is full value of property as of 1 year before filing); cannot exceed 5 acres in city or town, 200 acres elsewhere (husband & wife may not double)
Maine $47,500; if debtor has minor dependents in residence, to $95,000; if debtor over age 60 or physically or mentally disabled, $95,000 (joint debtors in this category may double); proceeds of sale exempt for six months
Maryland $21,625 (husband and wife may not double) Property held as tenancy by the entirety is exempt against debts owed by only one spouse
Massachusetts $125,000; Declared homestead $500,000 for property you occupy or intend to occupy (including mobile home); (co-owners may not double) (special rules if over 62 or disabled, may double to 1,000,000).
Michigan $35,300, $52,925 if elderly or disabled; property cannot exceed 1 lot in town, village, city, or 40 acres elsewhere; spouse or children of deceased owner may claim homestead exemption. Spouses or unmarried co-owners may not double.
Minnesota $360,000; if homestead is used for agricultural purposes, $900,000; cannot exceed 1/2 acre in city, 160 acres elsewhere (husband & wife may not double)
Mississippi $75,000; if over 60 and married or widowed may claim a former residence; property cannot exceed 160 acres; sale proceeds exempt. Mobile home (as personal property) to $30,000 (Mobile home does not qualify as homestead unless you own land on which it is located)
Missouri $15,000; mobile home to $5,000 (joint owners may not double)
Montana $250,000; sale, condemnation, or insurance proceeds exempt for 18 months. Must record homestead declaration before filing for bankruptcy
Nebraska $60,000 for married debtor or head of household; cannot exceed 2 lots in city or village, 160 acres elsewhere; sale proceeds exempt 6 months after sale (husband & wife may not double)
Nevada Real property or mobile home to $550,000 (husband & wife may not double)
Must record homestead declaration before filing for bankruptcy
New Hampshire Real property or manufactured housing (and the land it’s on if you own it) to $100,000
New Jersey None, but survivorship interest of a spouse in property held as tenancy by the entirety is exempt from creditors of a single spouse
New Mexico $60,000 (joint owners may double)
New York 150,000 for the counties of Kings, New York, Queens, Bronx, Richmond, Nassau, Suffolk, Rockland, Westchester, and Putnam; $125,000 for the counties of Dutchess, Albany, Columbia, Orange, Saratoga, and Ulster; $75,000 for the remaining counties in the state. (husband & wife may double)
North Carolina $35,000 (husband and wife may double) ($60,000 if 65 or older and spouse is deceased); up to $5,000 of unused portion of homestead may be applied to any property
North Dakota $100,000 (husband & wife may not double)
Ohio $21,625
Oklahoma Unlimited value; property cannot exceed 1 acre in city, town, or village, or 160 acres elsewhere; $5,000 limit if more than 25% of total sq. ft. area used for business purposes; okay to rent homestead as long as no other residence is acquired
Oregon $40,000 ($50,000 for joint owners); property cannot exceed 1 block in town or city or 160 acres elsewhere; sale proceeds exempt 1 year from sale, if you intend to purchase another home
Pennsylvania None; however, property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Rhode Island $300,000 in land & buildings you occupy or intend to occupy as a principal residence (husband & wife may not double)
South Carolina $53,375 (joint owners may double)
South Dakota Unlimited (larger than 240 sq. ft. at its base and registered in state at least 6 months before filing); property cannot exceed 1 acre in town or 160 acres elsewhere; sale proceeds to $30,000 ($170,000 if over age 70 or widow or widower who hasn’t remarried) exempt for 1 year after sale (husband & wife may not double)
Tennessee $5,000; $7,500 for joint owners; $25,000 if at least one dependent is a minor child. (if 62 or older, 12,500 if single; $20,000 if married; $25,000 if spouse is also 62 or older)
Texas Unlimited; property cannot exceed 10 acres in town, village, city or 100 acres (200 for families) elsewhere; sale proceeds exempt for 6 months after sale (renting okay if another home not acquired, Prop. 41.003)
Must file homestead declaration, or court will file it for you and charge you for doing so
Utah $20,000 if primary residence; $5,000 if not primary residence (joint owners may double)
Vermont $75,000; may also claim rents, issues, profits, & out-buildings (husband and wife may double)
Virginia Must file homestead declaration before filing for bankruptcy. $5,000 plus $500 per dependent; rents & profits; sale proceeds exempt to $5,000 (husband & wife may double, unused portion of homestead may be applied to any personal property); if 65 or older, exemption is $10,000
Washington $125,000; unimproved property intended for residence to $15,000 (husband and wife may not double)
West Virginia $25,000; unused portion of homestead may be applied to any property (husband & wife may double)
Wisconsin $75,000; sale proceeds exempt for 2 years if you intend to purchase another home (husband & wife’s exemption may double)
Wyoming $10,000 or house trailer you occupy to $6,000 (joint owners may double)

The federal homestead exemption is currently $21,625. Note that any unused portion up to $10,825 may be applied to any property.