Archive | Washington Bankruptcy

An update on Washington Mutual’s bankruptcy reorganization plan

Washington Mutual Inc. has reached an agreement with previously objecting creditors that could lead to an approval of its latest bankruptcy reorganization plan.

This morning, a hearing in WaMu’s bankruptcy was delayed several hours as attorneys worked towards obtaining a settlement involving creditors who bought certain WaMu securities. The WaMu securities in question were converted into stock when regulators seized WMI’s flagship bank in 2008 and sold WaMu’s assets to JPMorgan Chase.

The securities investors voted against WMI’s plan, because they faced far less recovery as stockholders than they would as debt holders. This raised doubts as to whether WaMu could win court approval.

In exchange for withdrawing their “no” votes, the investors will receive $18 million from JPMorgan and an unsecured claim of about $618,000. On top of that, these investors will be able to seek reimbursement of legal fees, up to $15 million.

I will post additional updates as developments in the case unfold.

Many experts believe that we may be headed for another recession. Don’t enter a second recession with mountains of debt. I can help you to understand the options available to you for dealing with your debts. I am sure that I can be of assistance to you, to a family member, or to a friend as we all know people experiencing trouble these days even if we are not experiencing our own financial troubles. Please do not hesitate to make contact with me. I emphasize courteous and discrete consultations that fill your time with useful information. The impact to your life after an in-person consultation with me may be substantial, and life-long. You will enjoy a new peace of mind and a fresh hope for the future with a new roadmap for financial success that we develop together. You can contact my scheduler through our website for your free 30 minute consultation. If you wish, you may schedule your free 30 minute consultation by phone by calling us at 253-383-1001 Monday through Thursday from 9:00 AM until 5:45 PM, and on Friday from 9:00 AM until 12 noon.

What is the state of Washington’s economy?

A recent story presented by KOMO News stated that as of February 9, 2012, Washington State’s budget shortfall is down to $500 million. The state’s economy is stabilizing and showing signs of growth as people rely less on state services.

Numbers released last Thursday by the state’s Economic and Revenue Forecast Council showed $96 million in extra revenue and an additional $340 million in expected savings from less reliance on state services. Prior to this report, state legislatures had been looking at about a $1 billion shortfall.

According to Steve Lerch, the U.S. economy has had higher job growth than anticipated. He also stated that Boeing manufacturing output, growth in the software sector, and strong exports have placed the state in a “decent” position.

Lerch still has his reservations about celebrating, though. He feels that due to our country’s financial situation compounded by the economic crisis overtaking Europe and the slowdown in Asia creates a variety of risks that Washington state needs to continue to monitor.

With these risks in mind, state budget officials are looking at ways to cover more than just the current shortfall. They hope to retain a buffer of approximately $600 million in case the state economy struggles again.

House Republicans plan to release their proposal for the budget by tomorrow, and the Democrats have promised to release their ideas next week.

Any new developments on the national mortgage settlement?

According to the National Mortgage Settlement web site, 49 state attorneys general and the federal government reached agreement to settle a long-running dispute with the country’s five largest loan servicers: Ally/GMAC, Bank of America, Citi, JPMorgan Chase, and Wells Fargo. The settlement will provide as much as $25 billion in relief to distressed borrowers and direct payments to states and the federal government.

The agreement settles state and federal investigations finding that the country’s five largest loan servicers routinely signed foreclosure related documents outside the presence of a notary public and without really knowing whether the facts they contained were correct. Both of these practices violate the law. The settlement provides benefits to borrowers whose loans are owned by the settling banks as well as to many of the borrowers whose loans they service.

If you are a home owner, and your loan was serviced by one of the five loan servicers listed above, the settlement may apply to you. However, eligibility may take some time to determine. The agreement will be performed over a three year period.

Another point to consider is that, the agreement does not affect any individual’s rights. A consumer may still bring an individual action, be a part of a class action, or seek further review/relief from the Office of the Comptroller of the Currency (OCC).

Additionally, loans owned by Fannie Mae or Freddie Mac are not impacted by this settlement. The FAQ page on the site contains links to both sites to help you determine if your loan is owned by either Fannie Mae or Freddie Mac.

The National Mortgage web site contains quite a bit of useful content, including a list of Frequently Asked Questions about the agreement, an executive summary of the agreement, and even a list of contact information for the 49 participating state attorneys general offices.

Here is the information for Washington state residents:

Washington Attorney General Rob McKenna
1125 Washington St. SE, PO Box 40100, Olympia, WA 98504-0100
(360) 753-6200
http://www.atg.wa.gov/

This is a complex agreement. I may be able to help you understand your situation; I can certainly help you by discussing certain tradeoffs and options concerning home ownership and bankruptcy. You can contact my scheduler through our website for your free 30 minute consultation. If you wish, you may schedule your free 30 minute consultation by phone by calling us at 253-383-1001 Monday through Thursday from 9:00 AM until 5:45 PM, and on Friday from 9:00 AM until 12 noon.

Bankruptcy and Litigation

After a decade of litigation and related bankruptcy, Jacqueline Palank of the Wall Street Journal wrote on the question of who owns the song, “Whoomp! (There It Is)”.

This song is familiar to anyone who attended a sporting event in the ’90s. Released in 1993, “Whoomp! (There It Is)” was one of those ubiquitous pump-up-the-crowd songs played during sporting events, a status cemented by its inclusion on the first volume of “Jock Jams.” It was later declared the 65th worst-song-ever, surrounded by such other ’90s gems as “How Bizarre” by OMC, “Breakfast at Tiffany’s” by Deep Blue Something and “Supermodel (You Better Work)” by RuPaul.

To decide this matter, Judge Richard A. Schell of the U.S. District Court in Sherman, Texas, scheduled a hearing for Aug. 27. This is when a jury will be selected for a trial over which of two music companies is the true owner.

In 1993, Alvertis Isbell’s Bellmark Records released “Whoomp! (There It Is),” by one-hit wonder Tag Team. According to Isbell, the record label owned the sound recording of the song, while its affiliated publishing company, Alvert Music, owned the composition rights to the song’s written form.

However, DM Records licensed “Whoomp! (There It Is)” in 1997. Bellmark filed for bankruptcy protection the same year. In 1999, Bellmark sold most of its assets, including its sound recording rights, to DM Records. According to Isbell, the composition rights weren’t included in that sale because they are an asset of Alvert, which wasn’t in bankruptcy.

According to Isbell, DM has been wrongly claiming ownership of both the song’s sound and composition rights. Isbell is seeking a ruling that Alvert Music still owns the composition rights, and also wants damages for DM’s alleged infringement on his ownership rights.

DM Records, however, says written agreements do not mention him or Alvert Music by name, and therefore don’t distinguish between the two types of song rights. As a result, both were assets of Bellmark and therefore included among the assets DM Records bought from Bellmark’s bankruptcy.

After a decade of litigation, the parties asked Schell to rule on the dispute without a trial. The judge denied the request Friday stating, “Because there are genuine issues of material fact surrounding ownership of the subject composition copyrights, the court denies both DM and Isbell’s motions for summary judgment.”

If the best interest rates are from banks, credit unions, or savings and loans with low Bankrate.com Safe & Sound Ratings, does it make sense to go for high yields when the bank is potentially at risk?

An article I found on Bankrate.com discussed the truth about risky banks and their interest rates on certificates of deposit. When looking for the best CD rates, every tenth of a percentage point of yield makes a difference. This is especially true right now, when interest rates are at a historic low.

The answer is that it depends. “Technically, consumers have nothing to worry about as long as they stay under FDIC (Federal Deposit Insurance Corp.) limits, which are $250,000 through 2013,” says Robert Laura, a financial adviser and president of Financial IQ in Farmington, Michigan. According to the FDIC website, a CD that matures after Dec. 31, 2013, would have its insured limit reverted back to $100,000, except for certain types of retirement accounts.

The FDIC website states that if you have more than the current limits to invest, it may be better to break up your CD purchases by buying CDs from different institutions to stay under deposit insurance amounts. That being said, should you invest in a CD and the institution fails, the FDIC is required to make good on your investment as soon as possible. This can involve transferring your CD to the institution that acquired the failed bank or sending you a check for the balance due on your CD.

The FDIC website also has information on what happens if your CD is worth more than deposit insurance limits, and your bank fails. If this happens, you may receive some or none of that balance at a later date, depending on whether the FDIC is able to sell the failed bank’s assets and at what price. The FDIC provides frequently asked questions on federal deposit insurance.

Bryan Hopkins, CPA, CFP and president of Hopkins Wealth Management in Anaheim Hills, California states, while the FDIC generally makes good on insured deposits quickly, it’s wise to have other liquid funds in an insured checking or savings account elsewhere. “It could take as long as 90 days to get your money, so it’s a good idea to have funds elsewhere to cover day-to-day expenses,” he says.

Though deposits are currently insured up to $250,000, it does make sense to pay attention to safety and soundness criteria, such as Bankrate’s Safe & Sound ratings. These ratings evaluate a bank based on an individual institution’s capital adequacy, asset quality, profitability and liquidity.

“Psychologically, a bank’s ratings are important and consumers should use them,” says Bryan Hopkins. “Most consumers, especially older ones, remember the Great Depression. While bank failures are handled very differently now than they were then, nobody wants it to be the case where things don’t go smoothly, and have their money be in limbo for months.”

CD rates for banks with lower Bankrate Safe & Sound Ratings may be higher than those with higher ratings because those banks may be trying to build up their deposit base by offering higher yields through brokers to consumers. In early December, one-year CD rates varied from 0.5 percent from a bank with a four-star Safe & Sound Rating, to 2.08 percent from a bank with a one-star Safe & Sound Rating. However, there were several banks with one, two, three, and four star safety and soundness ratings offering CD rates from 1.7 percent to 1.99 percent.

Lower-rated banks don’t always offer higher rates than banks with higher ratings, so it is always a good idea to “shop around”. Some higher-yielding CDs may come with higher minimum deposit requirements, and some banks may be seeking deposits with a particular maturity. These banks may offer better terms on some CDs than others.

In many cases, the difference between higher yielding CD rates and lower yielding rates isn’t much. For example, if you buy a $10,000, one-year CD with a 1.9 percent interest rate, compounded daily, you’ll earn $191.81 in interest. If you buy the same CD at a lower rate, 1.6 percent, you’ll earn $161.28—a $30.63 difference.

Do credit reporting bureaus ever make mistakes?

A recent article posted on KOMO News online site, discussed a 2009 California class action lawsuit that challenged credit-reporting bureaus TransUnion, Equifax, and Experian with improperly reporting debts that had been discharged in bankruptcy. The defendants (the credit-reporting bureaus) eventually came to a settlement with the plaintiffs to the tune of $45 million.

The court approved the settlement by issuing an Order Granting Final Approval, but on August 12, 2011, the defendants filed a brief challenging that order. Their challenge is in regards to attorney fees and costs of the case. The reason for the article was to remind readers of the case, because the result of this appeal won’t be known until sometime later this year. The deadline for Appellants to file relevant briefs with the court is January 23, 2012, and Appellees have until February 24, 2012.

The lawsuit was brought on because Equifax, Experian, and TransUnion improperly reported debts that had been discharged in bankruptcy on consumers’ credit reports. Rather than accurately noting that these debts were “discharged through bankruptcy”, the credit bureaus noted that they were “120 days late” or that they had been charged off by the credit issuer.

Incorrectly reporting the status of a debt is illegal, but it also caused a lot of grief for the people affected. This mistake consequently made these debts appear to still be active. When a debt is still reported as active, debt collectors may try to collect on that debt.

The result was that people who had filed for bankruptcy precisely to eliminate their debts and stop getting harassed by debt collectors, had to deal with them anyway.

There are a group of petitioners that are eligible to collect on the settlement that are being represented by this case. To be a member of that group, petitioners had to have received a Chapter 7 bankruptcy discharge AND a credit report issued by one or more of the defendants between March 15, 2002 and May 11, 2009 with incorrectly reported debts. They also must have submitted a claim form with relevant information by November 30, 2009.

Even though the settlement amount seems large, it will be spread out over so many individuals that it likely won’t result to more than a few dollars per person.

Is there anything I can do about a student loan that has defaulted?

College Graduates are Shackled to Student Loan Debt

Typically once your loan enters default status, the lender requires you to pay off the remaining loan balance in its entirety in one lump sum.

However, the U.S. Department of Education has a loan rehabilitation program to bring defaulted student loans current. There are several reasons as to why you should take advantage of this program. When you enter into the program, risk of wage garnishment ends, and the IRS will no longer be able to withhold your income tax refunds.

Additional advantages take place after you have completed the loan rehabilitation program. The loan will no longer be in default status and will be considered current. Furthermore, the negative credit reports to the three national credit bureaus associated with the loan will be deleted. You will now also regain eligibility for the benefits that were originally available on your loans before the loan defaulted. These benefits may include deferment, forbearance, and Title IV eligibility.

There are some differences to the program depending on the type of loan that you are trying to rehabilitate. In all cases, you are required to make nine full, on-time payments of an agreed amount within twenty days of their monthly due dates to the Department of Education.

The aforementioned differences have to do with the lender who services your loan after you complete the program. A Direct Loan will be returned to the Direct Loan Servicing Center, a FFEL Loan may be purchased by an eligible lending institution, and a Perkins Loan will be serviced by the Department of Education until the loan balance is paid off.

Some things to keep in mind:

Payments secured through involuntary means, such as wage garnishment or litigation, cannot be counted towards your nine payments.
You are only allowed to perform loan rehabilitation once per loan. That means if your loan falls back into default, you will have few if any options, and you will more than likely be responsible for the remaining balance in full.

Do I have to include credit cards with a zero balance on my bankruptcy petition?

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: Bremerton bankruptcy, Chehalis bankruptcy, credit card, Credit Cards, fees, Olympia bankruptcy, penalty rates, Renton bankruptcy, secured credit cards, subprime credit cards, Tacoma bankruptcy, teaser rates, variable rates

While bankruptcy is designed to help people escape serious debt problems, the situation becomes interesting when it comes to credit accounts with zero balances. These are typically credit card debts, either through credit card companies or those issued by individual businesses. When filing for bankruptcy, debtors only need to include actual debts, so in theory, they do not need to list those zero balance accounts. The situation becomes a little murkier if these accounts include monthly or annual fees, and those fees will become due during the bankruptcy process.

In most instances, you can leave these accounts out of your bankruptcy petition. You should be aware that your petition for bankruptcy does become a matter of public record and that most credit providers regularly data match bankruptcy petition notices and their own records. While your account may have a zero balance, your credit provider is quite within their rights to cancel those cards to prevent you incurring new debt.

Should your credit provider not cancel those accounts, they will be available to use post bankruptcy. This can help to kick start a new positive credit history post bankruptcy so it is well worth considering paying down any credit accounts with low balances prior to filing for bankruptcy. Paying down those accounts will not guarantee they survive the bankruptcy process, however, it can be well worth exploring the option.

Bankruptcy will, especially in a Chapter 7 bankruptcy, discharge all eligible debt no matter how large or small the balance is. Paying down to zero any low value (less than $200) balances makes sense for a number of reasons, most particularly, having that account survive bankruptcy and available post bankruptcy.

Many experts believe that we may be headed for another recession. Don’t enter a second recession with piles of debts. I can counsel you on your debts. I am sure that I can be of assistance to you, a family member or a friend as we all know someone experiencing trouble these days even if we are not experiencing our own financial troubles. Please do not hesitate to make contact with me. I emphasize courteous and discrete consultations packed with plenty of information. The life impact of meeting with me in person will be unforgettable. You will enjoy a new peace of mind and a fresh hope for the future with a new roadmap for financial success that we develop together. You can email my scheduler through our website for your free 30 minute consultation at staff1. To schedule immediately, we can be reached at 253-383-1001 M-Th 9am-5:45pm and Friday 9am – 12pm.

Bleak Midwinter – The Economist reports on unemployment

Many economic downturns have been accompanied by a good dose of anti-immigrant sentiment, as I have reported in this blog on other posts.

It looks like more anti-immigrant sentiment is "on order"…

December 18, 2010, The Economist reported that unemployment remains high. Unfortunately, as of today Saturday, October 29, 2011, nearly 10 months later, very little has changed.

I don’t really see wages going up; I don’t see housing prices increasing and I don’t see evidence of much increase in job creation. If you expect positive changes to the economy to radically improve your ability to pay off your debts, please reconsider. You may wish to consider lightening your load with a bankruptcy reorganization and debt discharge.

Here is where we were on December 18, 2010 and the economy is not any better.

Where were you at financially with paying off your debts on December 18, 2010? Have you substantially reduced your debt or paid down big chunks of your mortgage? Do you need my help?

Snapshot of December 18, 2010:

Fifteen million Americans are unemployed as of December 18 2010, with the rate edging up to 9.8%.

But there is something even more grim to the story: 6.3 million or 42% of those unemployed have been jobless for more than 26 weeks, effective 12/18/2010.

Even worse, these December 18, 2010 numbers do not include 2.5 million people who want a job but who have not looked for a month or more, or the 9 million people who want full-time work but can only find part-time openings.

COBRA is becoming a problem as of 12/18,2010, as that has an 18 month time limit for contining insurance, and 99 weeks is the longst that anyone can get unemployment compensation.

Once unemployment compensation is exhausted, little remains, except for food stamps for households that do not exceed 130% of the federal poverty guidelines, for example, $26,668 for annual income for a family of four. Usually, food stamps are only available for three months in a three year period for an unemployed able bodied worker.

Health care is a big problem. To receive Medicaid, a family of four would have to have a monthly income of less than $1,654 monthly.

TANF doesn’t provide much relief (TANF replaced Welfare in 1996), as for example a family of four in Ohio would receive only $536 monthly cash assistance on TANF.

I have had the humble and sobering experience of being of assistance to families and singles as far north as Snohomish County and Whatcom County, and as far south as Clark County, Washington and Skamania County, Washington. I have with pleasure helped many stressed-out people in Aberdeen, Hoquiam and Gray’s Harbor County, along with the Kitsap County area and the Key Penninsula; Tukwila, Washington; Lakewood, Washington; University Place, Washington; Puyallup, Washington; and Olympia, Washington; Federal Way, Washington; Bremerton, Washington; Gig Harbor, Washington; Silerdale, Washington; Bangor, Washington; and Tacoma, Washington.

I have helped thousands of people since the mid-1990s.

It doesn’t matter where you are in Western Washington. I regularly help stressed-out people in a diverse number communities in and around the Puget Sound area of Washington, including but not in any way limited to Seattle, Washington, Everett, Washington; Renton, Washington, Kent, Washington and Auburn, Washington.

Please don’t hesitate to give me a call if you find yourself in trouble with a home or investment property. We can set a brief no-obligation in-person consultation.

Don’t forget that it does not matter where you live in Western Washington, be it Bellevue, Olympia, Chehalis, Aberdeen, Olympia, Lacey, Graham, Puyallup, Orting, Fife, Milton, Edgewood, Pe Ell, Raymond, Onalaska, Tenino, Tumwater, Chehalis, Centralia, Gig Harbor or Tacoma., I can often be of foreclosure and/or short sale assistance. I offer a brief, thirty minute no obligation/no cost obligation. You have nothing to lose!

Remember, in Western, Washington, I am here to help you, regardless of where you are facing financial problems, be it Federal Way, Washington; Lakewood, Washington; University Place, Washington; Puyallup, Washington; Graham, Washington; Orting, Washington; Spanaway, Washington; Lacey, Washington; Burien, Washington; Seatac, Washington; Des Moines, Washington; Bremerton, Washington; Silverdale, Washington; Tacoma, Washington; Renton, Washington; Auburn, Washington; Tukwila, Washington; Federal Way, Washington; Renton, Washington; Auburn, Washington; Tukwila, Washington; Kent, Washington; Bremerton, Washington; Silverdale, Washington; or Olympia, Washington.

Just how bad off is the U.S. economy?

[Tags: credit cards, renton bankruptcy, bremerton bankruptcy,
olympia bankruptcy, chehalis bankruptcy, tacoma bankruptcy, teaser rates,
credit card, fees, variable rates, penalty rates, subprime credit cards,
secured credit cards]

With increasing signs that the economy is struggling, most economists agree that a short-term infusion of spending, or an extension of this year’s temporary cut in Social Security taxes, could help save the economy from another decline. Others however, think that there is no way to prevent the inevitable pending doom upon the U.S. economy, another recession.

Here’s a brief overview of some key stats on where the economy stands.

(Stats were taken from a U.S. Department of Commerce Bureau of Economic Analysis report)

· Annual rate at which the GDP grew this year: 1.3 percent between April and June, 0.4 percent between January and March
· Average annual GDP growth from 1998-2007: 3.02 percent
· Total jobs lost since January 2008: 8.7 million
· Total jobs recovered since January 2008: 1.8 million
· Recession technically ended: over two years ago, in June 2009
· Unemployment rate in July 2011: 9.1 percent
· The "natural unemployment rate": 5 percent
· Months that the unemployment rate has been around 9 percent or more: 28
· Number of unemployed people in July 2011: 13.9 million
· Number of long-term unemployed people in June 2011: 6.3 million, or 44.4 percent of the unemployed
· Number of long-term unemployed people in July 2011: 6.2 million, still about 44.4 percent of the unemployed
· Government jobs cut in July, federal, state, and local: 37,000
· Pace at which jobs were added throughout the late 1990s: 350,000 per month
· Jobs that the Bureau of Labor Statistics initially reported were added in June: 18,000
· Jobs that were added in July: 117,000
· Percentage of the population that’s employed as of July: 58.2%
· Percentage of the population that was employed at the end of the recession in June 2009: 59.4%
· Jobs the U.S. needs to create to 5 percent unemployment rate: 6.8 million, as of January 2011
· Years it will take to get back to an unemployment rate of 5 percent: four years if we’re adding jobs at 350,000 per month; 11 years if we’re adding jobs at the 2005 rate of 210,000 per month
· Unemployed workers per job opening: 4.64 as of May 2011, the most recent month for which data on job openings was collected (3.0 million job openings in May 2011; unemployed people in May 2011: 13,914,000)
· Number of people who weren’t in the labor force, but wanted work, as of June 2011: 2.7 million
· The last time the labor force participation rate was lower than it is now: 1984
· The amount of state budget spending that comes from the federal government: about 1/3, or $478 billion in 2010
· Increase in before-tax corporate profits in the first quarter of 2011: $140.3 billion
· Percentage of Americans’ total personal income that comes from federal funds: almost 20 percent
· Spending cuts in the proposed budget: at least $2.3 trillion over a decade from 2012-2021
· How long you can currently receive unemployment benefits: up to 99 weeks
· The number of those weeks funded to some extent by federal aid: up to 73
· People currently relying on federal unemployment benefits: 3.8 million
· How long you’ll be able to receive unemployment benefits if you lose your job after July 1, 2011: 20 to 26 weeks, depending on your state
· Recovery-funded jobs reported by recipients, according to recovery.gov: 550,621
· Amount of stimulus money left to be spent: $122.8 billion of the original $787 billion

For those of you who want some potentially “closer to home” statistics, here you go:

· 85 percent of college graduates are going to return home to live with their parents after college, according to a May 2011 poll by Twentysomething Inc.
· The national debt is 95 percent of our GDP (Total debt = $14 trillion. GDP = $14.66 trillion as of 2010)
· Just over 80 percent of "prime age" American men (between 25 and 54) are employed today, compared to 95 percent in the late 1960s. According to OECD data, the U.S. has the lowest labor force participation rate for prime age men of any G7 country.