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Tag Archives: Chapter 11 Bankruptcy

The negative flip side of low mortgage interest rates: Grandma or mom and pop may have to move in with you as their investments falter.

The NY Times reported on Thursday, September 9, 2010 (reporter Graham Bowley) that “Households and corporations alike are refinancing to take advantage of interest rates that seem impossibly cheap. But those same low rates come with a flip side, driving down the income of retirees and others who live off their savings. It is a side effect of a government policy meant to push down interest rates to a point that busineses and consumers are compelled to borrow and spend again, and yet it is hurting anyone with a savings account.”

“Perversely, coming after a devastating financial crisis caused by companies and households that feasted on borrowing, ultra-low interest rates are penalizing people who have paid down their debt and are now trying to save. it is also punishing those who rely on the proceeds of their nest eggs to pay bills.” reports Mr. Bowley.

See link to NY Times article: http://www.nytimes.com/2010/09/09/business/economy/09rates.html?_r=1&scp=1&sq=Debtors%20feast%20at%20the%20expense%20of%20the%20frugal&st=Search

IDEAS FOR ACTION: Should you remodel part of your home into a mother-in-law apartment? Perhaps you can avoid this extreme measure for now. But you should definitely “talk turkey” about retirement plans and intentions of middle-aged and elderly family members. Perhaps some synergistic accommodations can be reached. E.g. if both you and your spouse work outside the home yet have childcare needs, perhaps you could pay mom or grandma to conduct the childcare. instead of a daycare. Grandma or mom could likely use the extra money that you are now spending on daycare/nannies in order to help them shore up their coffers of funds set aside for retirement, since their returns on normal conservative interest bearing investments are presently so low.

“Business” bankruptcy is often a waste of time for mom & pop businesses–just file a personal bankruptcy case and move on, says Wall Street Journal columnist

Here is the link to a short but helpful article about small business bankruptcies in The Wall Street Journal. I am pleased that what I have suggested for many years finds favor with a Wall Street Journal columnist.

With most of my small service-based business customers, including businesses as varied as residential construction and restaurants, it usually makes sense to look at a Chapter 7 Bankruptcy case filed as a personal case. I recommend this approach because in most cases, the small business’ debt is personally guaranteed by the business owners, whether the debt consists of Small Business Administration guaranteed loans, vehicle title loans or credit cards. Frequently, the business can keep right on operating, but of course you should consult with a qualified attorney before launching off into any sort of bankruptcy filing.

Ideas for Action: how do you find a qualified bankruptcy attorney? I suggest three ways.

First, ask the attorney how many cases he or she filed in the calendar year January 1, 2006 to December 31, 2006; the attorney can easily consult the computer program used to prepare the documents to find out how many cases were filed each year, and if fewer than 70 or so cases were filed by the attorney in 2006, then I say beware. You may have an attorney who just started out after the 2005 law change took effect but didn’t attend any of the important 2006 era seminars when the best education about the new 2005 law was then available.

Second, ensure that the attorney is “connected” professionally via memberships in both the American Bankruptcy Institute as well as NACBA, the National Association of Consumer Bankruptcy Attorney.

Third, ensure that over the past five years, the attorney has attended no fewer than five seminars for a total of no fewer than 50 hours of bankruptcy education since 2005.

These three suggested standards should help you ensure that you have engaged an experienced, professional attorney.