Thursday, November 25, 2010
GEORGE LOPEZ TO PAY SPOUSAL SUPPORT? FLINT DIVORCE LAWYER REVIEWS SPOUSAL SUPPORT AWARD FROM KALAMAZOO JUDGE TOLD TO DO IT OVER AGAIN
Here a Flint Michigan Divorce Lawyer notes the rights of a celebrity wife to financial support which are similar to a Michigan spouse and using that law. “Ann Lopez, wife of comedian and "Lopez Tonight" host George Lopez, officially filed for divorce Tuesday in Los Angeles, making good on the couple's Sept. 27 announcement of a mutual decision to split up.”[1]“She is requesting spousal support, as well as primary custody of Mayan, reports TMZ.com. “[2]Flint Spousal Support Attorney Terry Bankert 810-235-1970 reviews Michigan Spousal support. (SEO) link to this article.
Full articel here
http://bankertspousalsupport.blogspot.com/2010/11/george-lopez-to-pay-spousal-support.html
Thursday, November 25, 2010
GEORGE LOPEZ MAY PAY SPOUSAL SUPPORT AND KALMAZOO MI DIVORCE COURT GOT ANOTHERS SPOUSAL SUPPORT WRONG.
Monday, November 22, 2010
CIVIL UNION AND CHILD CUSTODY.
VERMONT UPHOLDS RIGHT OF NON-BIOLOGICAL MOTHER TO HAVE CUSTODY, OTHER MOTHER RUNS.
The case Lisa Miller biological mother on the run , reviewed by Flint Divorce Attorney Terry Bankert ,as Vermont upholds custody order to lesbian non-biological mother. This is followed by a presentation of 3rdy Party Standing in Michigan by Flint Custody Lawyer Terry Bankert. (SEO)
The biological mother, Lisa Miller, became a Christian, gave up the lesbian lifestyle, and moved with her daughter to Virginia. But a 2009 order, which awarded sole custody of Isabella to non-biological mother … lesbian …Janet Jenkins, was upheld Monday by the Vermont Supreme Court.[3on 11/2/10]
Link to this posting
http://michiganchildcustody.blogspot.com/2010/11/vermont-continues-custody-woth-non.html
Friday, November 19, 2010
MILITARY DIVORCE AND RETIREMENT SPLIT ENFORCED EVEN WITH DISABILITY ELECTION
WIFE GETS RETIREMENT EVEN IF SEVERED WITH DISABILITY ELECTION
FLINT DIVORCE ATTORNEY TERRY BANKERT PRESENTS SEVERAL ISSUES CONCERNING MILITARY DIVORCE.
Presented here is an opinion of first impression of Michigan Court of Appeals concerning the issues surrounding whether a military spouse remains financially responsible to compensate his or her former spouse in an amount equal to the share of retirement pay ordered to be distributed to the former spouse as part of a divorce judgment's property division where the military spouse makes a unilateral and voluntary postjudgment election to waive the retirement pay in favor of disability benefits contrary to the terms of the divorce judgment; Combat-related special compensation (CRSC)(10 USC § 1413a);
link to this site
http://woundedmilitary.blogspot.com/2010/11/wife-gets-retirment-even-if-severed.html
Wednesday, November 17, 2010
FAILING OR MISUNDERSTOOD? WHAT IS HAMP?
THE HAMP, FAILING OR JUST MISUNDERSTOOD?
DID YOU KNOW Home affordability modification Program failing horribly this 75 billion dollar program was planned to help 5 million home owners and it has not. What happened? What is HAMP discussed here.
What happened to the $75 billion Home Affordability Modification Program designed by the Obama Administration to help struggling homeowners by lowering borrowers’ monthly payments with mortgage rate reductions and extended loan terms. HAMP originally promised to help four to five million homeowners.[4]
TOTALS OF A REPORT HAMP MODIFICATION ACTIVITY BY SERVICER.
This program report through July 2010.
Total estimated eligible 60+ day delinquent borrowers 1,456,363
Trial Plan offers extended 1,553,925
All HAMP trials started 1,307,489
Active trial modifications 255,934
Permanent modifications 421,804
[5]
This site at http://dumpmycreditors.wordpress.com/2010/11/17/hamp-failing-or-just-misunderstood/
Sunday, November 14, 2010
WHAT IS MARITAL PROPERTY IN A DIVORCE
WHAT IS MARITAL PROEPRTY.
Every thing of economic value to a marriage—tangible or intangible property, job skills, educational degrees, future entitlements—may be viewed in some sense as a property interest.
Terry Ray Bankert is a Michigan Attorney specializing in Family Law, and works as a Flint Divorce Attorney, Flint Divorce lawyer, Genesee Divorce Lawyer and Genesee Divorce Attorney.(SEO) For help with your questions call 810-235-1970. Or http://www.attorneybankert.com/ . Principle Source ICLE 09/16/10
THE FOLLOWING IS A PARTIAL SHOPPING LIST OF WHAT ARE MARITAL ASSEST.
A. Assets Earned During the Marriage
Assets earned by a spouse during the marriage are part of the marital estate. McNamara v Horner, 249 Mich App 177, 183; 642 NW2d 385 (2003).
B. Post Filing Acquisitions
Property to be received even after the divorce is marital property if the property was earned during the marriage. McNamara at 183.
C. Retirement Plans
Vested and unvested interests in retirement plans are marital property. MCL 552.18(1)–(2). In fact, MCL 552.101(4) requires that each judgment of divorce shall determine all rights of the parties as to all retirement plans. The Michigan Supreme Court agreed when it adopted MCR 3.211(B)(2).
D. Marital Home Appreciation
Appreciation in a marital home is considered a part of the marital estate:
The sharing and maintenance of a marital home affords both spouses an interest in any increase in its value (whether by equity payments or appreciation) over the term of the marriage. Such amount is clearly part of the marital estate. However, the down payment, the equity built up before the parties’ marriage, and any appreciation that occurred before the parties’ marriage should have been considered defendant’s separate estate. Reeves at 495–496.
As held by Reeves, where one party makes a down payment on a home from premarital (i.e. separate) assets, that down payment should be returned to the contributing spouse upon divorce as his/her separate property. Nonetheless, seemingly contrary to this rule, the Court of Appeals recently in Cunningham v Cunningham, ___ Mich App ___, ___ NW2d ___ (Docket No. 285541, decided 7/13/10), held that the husband’s contribution of $90,000 from his premarital worker’s compensation award toward the down payment on the marital home was sufficiently “commingled” with the marital estate so as to lose its character as separate property.[7]
E. Worker’s Compensation Benefits and Awards
Worker’s compensation benefits and awards are considered marital property subject to division. Petrie v Petrie, 41 Mich App 80, 84; 199 NW2d 673 (1972) (affirmed appointment of FOC to collect worker’s compensation award to pay alimony and child support per JOD); Evans v Evans, 98 Mich App 328, 330; 296 NW2d 248 (1980) (workers’ compensation proceeds received during the course of the marriage considered marital property subject to division); Smith v Smith, 113 Mich App 148, 151; 317 NW2d 324 (1982) (“Since the Worker’s Disability Compensation Act was promulgated to assist both the worker and her spouse, the trial court did not err when it included the compensation as part of the marital assets.”); Lee v Lee, 191 Mich App 73, 80; 477 NW2d 429 (1991) (workers’ compensation benefits properly included in the marital estate); and Hagen v Hagen, 202 Mich App 254, 258–260; 508 NW2d 196 (1993) (division of payments on workers’ compensation claim for injury that occurred during the marriage found proper).
However, as held recently in Cunningham, supra, ___ Mich App at 14–15:
Because a spouse’s earnings are classified as marital property only between the beginning and end of the marriage, see Bone v Bone, 148 Mich App 834, 838; 385 NW2d 706 (1986), we hold that worker’s compensation benefits are to be considered marital property only to the extent that they compensate for wages lost during the marriage, i.e., between the beginning and end of the marriage. Any compensation benefits awarded for time periods before the marriage or after its dissolution are akin to a party’s individual earnings and are to be considered separate property, as those earnings fall outside the beginning and end of the marriage.
F. Retention Bonuses
A “retention bonus” paid to the husband during the marriage was held not to be divisible marital property where it was subject to forfeiture unless the husband remained employed until a date after the divorce. Skelly v Skelly, 286 Mich App 578, 780 NW2d 368 (2009). Reasoning that this “retention bonus” would not really be earned until after the divorce, the Court of Appeals reversed the trial court’s classification of this asset as marital property.
Practice Tip: It is important to distinguish a Skelly-type retention bonus, which was payable for remaining employed post divorce, from nonvested or deferred benefits that are intended as compensation for services during the marriage, which are divisible, but will be paid post-divorce.
G. Stock Options
Stock options are divisible marital assets. Everett v Everett, 195 Mich App 50; 489 NW2d 111 (1992).
H. Employee Stock Ownership Plans
Employee stock ownership plans (ESOP’s) are divisible marital assets. Burkey v Burkey (On Rehearing), 189 Mich App 72; 471 NW2d 631 (1991). Even unvested rights in a stock/annuity plan are divisible. Vollmer v Vollmer, 187 Mich App 688, 690; 468 NW2d 236 (1990).
I. Vacation and Sick Time
Employee benefits must always be considered when identifying assets comprising the marital estate. “Banked” vacation and sick time can be divisible marital assets. The key is whether the employee will receive payment for the accumulated time if not used before retirement. Lesko v Lesko, 184 Mich App 395, 401–402; 457 NW2d 695 (1990).
Practice Tip: The Lesko decision points out that while these employee benefits are divisible marital assets, it is error not to reduce the value of these assets by considering the tax consequences associated with the receipt of these taxable assets.
J. Advanced Degrees
Where an advanced degree is the end product of a concerted family effort, involving the mutual sacrifice, effort, and contribution of both spouses, there arises a “marital asset” subject to distribution, wherein the interest of the nonstudent spouse consists of an “equitable claim” regarding the degree. However, an evaluation of the equitable claim does not include valuing the degree. Instead, the focus of an award involving an advanced degree is not to reimburse the nonstudent spouse for loss of expectations over what the degree might potentially have produced, but to reimburse that spouse for unrewarded sacrifices, efforts, and contributions toward attainment of the degree on the ground that it would be equitable to do so in view of the fact that the spouse will not be sharing in the fruits of the degree. Postema v Postema, 189 Mich App 89; 471 NW2d 912 (1991).
Practice Tip: In the same case, the court held that a nursing degree was not an advanced degree subject to the nonstudent spouse’s equitable claim. Postema at 108, citing Sullivan v Sullivan, 175 Mich App 508, 512; 438 NW2d 309 (1989). The undergraduate degree in Sullivan was a Bachelor of Arts degree.
K. Health Insurance Refund
A participant on the SBM—FLS[8] listserv asked whether a (large) refund from the parties’ group health insurer for medical costs paid over the course of a year for the family constituted a marital asset. The question is more properly framed as how would the refund check be characterized if it is not considered a marital asset. The check is not “income” for support purposes, and it is not separate property to the employee-spouse for the same reason retirement benefits are not separate property. The check is clearly a marital asset.
L. Employee Buyout
Another listserv participant inquired whether the proceeds of a General Motors 1-time employee buyout in the amount of $35,000.00 is a marital asset, where the employee-spouse has been working at GM for 28 years, and the marriage is only 6 years in duration. Once again, assuming the payout is not specifically deemed a replacement for future earnings, the check is clearly a marital asset. How the check is divided between the parties, in terms of the Sparks[9] factors, and coverture considerations (frequently utilized when dividing defined benefit plans under the deferred division method), is beyond the scope of this presentation
Terry Ray Bankert is a Michigan Attorney specializing in Family Law, and works as a Flint Divorce Attorney, Flint Divorce lawyer, Genesee Divorce Lawyer and Genesee Divorce Attorney.(SEO) For help with your questions call 810-235-1970. Or http://www.attorneybankert.com/ . Principle Source ICLE 09/16/10
Saturday, November 13, 2010
THE ONLY OPTION FOR SOME. YOU WILL NOT BE THE ONLY RETIREE YOU WILL NOT BE ALONE.
FILING FOR CHAPTER 7 BANKRUPTCY FOR SOME MAY BE THE ONLY WAY TO GET A FRESH START TO BEGIN RETIREMENT YEARS.
We work our jobs raise our kids pay our taxes and what happens? We have to beg our way through retirement. Is this a option that you want?
Instead of saving for retirement, a growing number of elderly Americans are instead preparing to file for Chapter 7 bankruptcy. At least that’s what the results of a new survey say.[9]
If you are approaching retirement years your age group ranks are growing in bankruptcy court.
According to a recent story in USA Today, the Consumer Bankruptcy Project found that bankruptcy filings by those 65 and older jumped by 150 percent from 1991 to 2007. At the same time, bankruptcy filings for U.S. residents from the ages of 75 to 84 increased 433 percent.[9]
ELDERLY HEALTH CARE AND BANKRUPTCY
see notes at;
http://goodmorningflint.blogspot.com/2010/11/only-option-for-some-you-are-not-alone.html
Who do you trust to advise you?
A study was conducted by Professor John Pottow, an expert on bankruptcy at the University of Michigan Law School. He found that even though the elderly account for a relatively small share of overall bankruptcy filings, the growth rate in their filings has been dramatic. For example, from 1991 to 2007, the percentage of bankruptcy petitioners age 65 to 74 rose 178 percent. Those figures reflect trends before the recession began in 2008, so it’s fair to assume the situation has worsened in the past few years due to job losses, diminished retirement portfolios and housing equity.[7]
Our economy and housing values will only slowly recover. How much time do we have? What are our choices? The notes in the following section show you choice, filing for personal bankruptcy.
Posted here by Flint Area Bankruptcy Attorney Terry Bankert 810-235-1970
PERSONAL BANKRUPTCY
Is personal bankruptcy -- filing Chapter 7 -- the right solution for you? For millions of debt-ridden people, it's the only way out of their financial quagmire. Today's high level of unemployment is resulting in waves of desperate folks seeking shelter under Chapter 7 of the U.S. bankruptcy code. [1]
What It Is:
Chapter 7 refers to the section of U.S. bankruptcy law under which companies and individuals liquidate their assets in order to repay their debts.[2]
WHY ARE MORE ELDERLY GOING BANKRUPT?
Not only have bankruptcy filings within the general populace increased in Colorado but so have bankruptcy filings for those over 60 years of age, with the primary reason attributed to credit card debt. Many of the elderly have limited incomes, typically Social Security retirement benefits combined with a pension income, and such limited income is unlikely to offset the increasing interest, late charges and other fees charged by the credit card companies.[8]
There’s no empirical evidence as to why bankruptcy filings have increased among the elderly but my experience (from years of experience handling bankruptcy matters in Denver and most areas of Colorado) is that the elderly are generally less sophisticated with using credit cards and do not have similar access to other types of credit (due to having a fixed income). Additionally, many of the elderly are not as likely to negotiate with creditors and are typically less inclined to request financial help from family and friends.[8]
Most of the bankruptcy filings I see from elderly clients are chapter 7 cases. Having a limited income due to being retired, the overwhelming majority of my clients pass the Means Test and are not required to pay back any debts to unsecured creditors in a chapter 13 payment plan.[8]
The minority of my elderly clients who do file for chapter 13 in Colorado do so because of a pending foreclosure (with their house being their most valuable asset) or because of a previous chapter 7 filing within the past 8 years. Those facing foreclosure often lack the ability to keep up with monthly mortgage payments (especially as they simultaneously tackle the aforementioned credit card debt). [8]
Many of my elderly clients are also upside down on their mortgages as housing prices have decreased in Colorado (and nationwide) and are forced to file for chapter 13 bankruptcy to prevent against foreclosure.[8]
How It Works/Example:
Individuals, partnerships, or corporations can file bankruptcy under Chapter 7.[2]
Individuals
To file Chapter 7, the debtor files a petition with the local bankruptcy court (in some cases, creditors can force a debtor into Chapter 7 by filing the petition themselves). The debtor must provide the court with financial and tax information, as well as a list of creditors and outstanding debts. In most cases, the court also requires proof that the individual has obtained credit counseling. Filing the Chapter 7 petition automatically stops most collection actions against the debtor, including lawsuits, garnishments, and phone calls.[2]
Here's a shocking statistic to put the current financial environment in perspective: 1,512,989 people filed for bankruptcy in the 12 months ending June 30, 2010, a +21% increase from the 12 month period ending June 30, 2009. That's more people than the populations of any of these 10 states: New Hampshire, Maine, Hawaii, Rhode Island, Montana, Delaware, South Dakota, Alaska, North Dakota or Wyoming. It's also the most bankruptcies filed for any period following the Bankruptcy Prevention Act of 2005. [1]
Bankruptcy cases filed in federal courts for Fiscal Year (FY) 2010, the 12-month period ending Sept. 30, totaled 1,596,355, up 13.8 percent over total FY 2009 bankruptcy filings of 1,402,816; according to statistics released Monday by the Administrative Office of the U.S. Courts. While non-business bankruptcy filings continued to rise in FY 2010, business filings dropped slightly for the first time since 2006. The bankruptcies reported are for Oct. 1, 2009 through Sept. 30, 2010.[5]
There are many advantages to declaring bankruptcy. In most cases, filing for Chapter 7 will automatically stop most collection actions, including lawsuits, wage garnishments, and those never-ending phone calls. [1]
A TRUSTEE GETS INVOLVED
The U.S. trustee (or the court itself, in some states) then appoints an impartial trustee to handle the case and liquidate the debtor's assets. If all the debtor's assets are exempt or subject to liens, there may not be any assets to liquidate and hence no money to distribute to creditors. If there are assets to liquidate, however, the creditors usually file a written claim so that they can receive some of the proceeds. The trustee handles the liquidation and determines which creditors are paid first.[2]
However, before you take the drastic step of filing under Chapter 7, you need to be fully apprised of the potential pitfalls. Here's a look at a few nasty surprises that may await you:[1]
Bankruptcy laws vary from state to state.
Every state has its own peculiarities and exemptions; some state laws are more generous than others. Some states allow exemptions to shelter your automobile, household goods, Individual Retirement Accounts (IRAs), etc. Other states are more restrictive. Before you file for bankruptcy, do some homework to find out the laws applicable to your home state.[1]
Mortgages and any other secured loans are not eliminated.
Bankruptcy is designed to get creditors off your back, so you can get some breathing room to right yourself. Certain types of unsecured debt (e.g., credit cards) can be wiped off the books. However, to the consternation of many who file for bankruptcy, the laws don't allow you to just walk away from your mortgage or any other secured loan (any loan in which you've pledge some kind of "collateral" -- like your car or your home -- for the loan). Bankruptcy only keeps those payments at bay until you have dealt with other creditors.[1]
Collateral is an asset pledged by a borrower to a lender, usually in return for a loan. The lender has the right to seize the collateral if the borrower defaults on the obligation.[3]
Any cosigners of any collateral are in the same boat with you.
Likewise, if any of your collateral involves consignors, your cosigners won't be able to emerge out of debt with you. They will be liable for part or all of the debt you discharge through bankruptcy.[1]
Bankruptcy is reported on your credit report for 10 years.
Bankruptcy is like a Scarlet Letter that follows you around for a decade. The good news is that within this time frame, you can still re-establish a good credit rating, through frugality and paying off your debts in a timely fashion.[1]
What It Is:
A credit report is a report detailing a person's financial history specifically related to their ability to repay borrowed money.[4]
How It Works/Example:
There are three major credit bureau s in the United States: TransUnion, Experian and Equifax. Each keeps a database of financial information about borrowers, including the names of all their creditors (past and present), the dates when their accounts opened and closed, whether the account is a joint account, the balance and credit limit on each account, and the number and dates of late payments.[4]
Related information is also including such as previous names, address history, birth date, phone numbers, social security number, marital status, any legal judgments, child support owed, arrests, indictments, convictions, etc. Not just anyone can view someone's credit report --it is only available to those with a legally permissible purpose.[4]
Information on credit reports are used to determine a person's credit score. The credit score (or FICO score) in turn reflects a person's credit risk--that is, whether he or she is a trustworthy borrower. The more prompt and responsible a person is financially, the higher his or her FICO score is.[4]
In general, negative information (such as late payments or tax liens) remains on a credit report for seven years. Bankruptcies stay on the report for 10.
By law, credit bureaus must send you one copy (at your request) of your credit report each year. Additionally, if you have been denied a credit card because of information on your credit report, you may receive another free copy within 60 days of the denial. In most other circumstances, you usually have to pay the credit bureau for a copy of your credit report.[4]
Why It Matters:
Your credit report and the creditworthiness it reflects tells banks, credit card companies, retail stores, utilities, landlords, and even employers whether you are a financially responsible person. Bad credit causes people to be denied for loans, pay higher interest rates on loans, and have trouble in even the most minor areas of life, such as renting a video, getting utilities turned on or renting a car. Character and collateral also influence a person's creditworthiness, but the credit report often outweighs these attributes.[4]
It is important to note that credit reports often contain errors, so a consistent periodic look at your credit report can be very helpful. This also goes a long way toward preventing identity theft, because any accounts opened in your name will appear there. You have the right to contest incorrect information in your credit report, and credit bureau s by law must provide toll-free phone numbers, live customer-service representatives, and an expeditious investigation process. [4]
Bankruptcy does not wipe out withholding or sales taxes.
It's possible to get rid of old income taxes that are more than three years old, but this benefit has given rise to a myth that you also can eliminate withholding or sales taxes. This is not possible, no matter how old the taxes.[1]
You can't cherry pick the debts and property to list in your bankruptcy.
Many people seem to think that they can go through their portfolio of possessions and pick and choose what they want to list in the bankruptcy. They're shocked when they discover that it's all fair game. When you file bankruptcy, the law mandates that you list all your property and debts.[1]
Declaring bankruptcy does not get your "ex" off your back.
Bankruptcy does not allow you to cease payment on child support or alimony. Sorry, but you still need to write those checks. Although divorce is one of the most common causes of bankruptcy (click here to see the Top Causes of Bankruptcy...And How to Avoid Them), your agreement is not affected by a Chapter 7 filing. So, if you're thinking that you can wiggle out of those responsibilities, think again.[1]
Declaring bankruptcy does not get you off the hook on student loans.
Your student loan payments still need to be made. They can't be wiped out, as with a credit card balance.[1]
You must still fear the repo man.
A bankruptcy discharge doesn't eliminate liens. A secured debt is a debt where the creditor has a lien on your property and can repossess it if you don't pay the debt. Bankruptcy can wipe out the debt, but it still doesn't prevent the secured creditor from repossessing your property.[1]
HEALTH CARE AND BANKRUPTCY
healthcare expenses can wreck retirement security - a fact underscored by a recent study that found medical expenses are a major contributor to bankruptcy among older Americans.[6]
The study was conducted by Professor John Pottow, an expert on bankruptcy at the University of Michigan Law School. He found that even though the elderly account for a relatively small share of overall bankruptcy filings, the growth rate in their filings has been dramatic. For example, from 1991 to 2007, the percentage of bankruptcy petitioners age 65 to 74 rose 178 percent. Those figures reflect trends before the recession began in 2008, so it's fair to assume the situation has worsened in the past few years due to job losses, diminished retirement portfolios and housing equity.[6]
Healthcare is a major area of expense in retirement, and costs are rising more quickly than overall inflation.[6]
The Center for Retirement Research at Boston College (CRR) reports that the typical married couple at age 65 can expect to spend $197,000 in lifetime uninsured health costs, including insurance premiums, out-of-pocket and home healthcare. That figure excludes any long-term care need. When nursing care is factored in, the typical cost rises to $260,000, with a 5 percent chance of hitting $570,000.[6]
Research by Fidelity Investments shows that retiree healthcare expenses this year are 4.2 percent higher than in 2009, and have jumped 56 percent since 2002. By contrast, overall consumer prices are up just 1.1 percent so far this year. Fidelity also found that monthly healthcare costs average $535 this year, second only to the cost of food.[6]
A JUDGE GETS INVOLVED
Ultimately, a judge decides whether to discharge an individual's debt. The judge can deny the discharge if the debtor failed to keep adequate records, failed to explain the loss of any assets, committed a crime, disobeyed court orders, or did not seek credit counseling. Alimony, child support, and student loans generally cannot be discharged in a Chapter 7 case, nor can most judgments against the debtor for criminal acts.[2]
Why It Matters:
Chapter 7 is usually the last resort for individuals and businesses. For individuals, the goal of Chapter 7 is to get a fresh start by removing debts. However, bankruptcy virtually ruins a person's credit for several years, making it very difficult and expensive to borrow money in the future.[2]
The law works to prevent people from filing Chapter 7 merely to avoid repaying a debt. This is why not all individuals qualify for Chapter 7, especially those with high monthly income or those primarily saddled with consumer debts (i.e., credit card debt). If the individual does not qualify for Chapter 7, the case usually becomes a Chapter 13 filing, where the individual must still repay the debt, albeit under a payment plan.[2]
ELDERLY AMERICANS AND BANKRUPTCY
From these unsettling numbers, it seems that more elderly Americans will soon need to learn how to claim bankruptcy.[9]
This is a shame: U.S. residents who are nearing their retirement ages are supposed to be worrying about how much money they’ll need to save to spend their post-working years in a state of peace. They’re not supposed to learning the ins and outs of how to file bankruptcy.[9]
However, this is exactly what is happening. As usual, blame falls on the struggling national economy. Older Americans are facing the same problems that all U.S. residents are facing: Some have lost their jobs late in life. Others have had to cope with medical bills that are simply overwhelming. Still others have watched as their homes have fallen in value. Many U.S. residents had been counting on their homes’ ever-increasing values to help fund their retirement years. The Great Recession has certainly scuttled that dream.
Of course, the entire country is struggling these days, or so it seems. The number of bankruptcy filings, both of Chapter 7 bankruptcy and Chapter 13 claims, is on the rise. Bankruptcy filings aren’t discriminating based on age, gender, or wealth. U.S. residents of all kinds are facing overwhelming debt and declining yearly incomes.[9]
It’s a situation that won’t improve until the national economy shows some sign of regaining momentum. Unfortunately, it doesn’t look as if this is going to happen any time soon. Yes, it’s true that officially the economy is in recovery mode, but because unemployment remains so high, and because home values continue to fall or remain stagnant, the recovery doesn’t feel like one.[9]
Older Americans struggling with their finances do have some options to avoid Chapter 13 or Chapter 7 bankruptcy. [9]
DO YOU WANT TO BORROW FROM FAMILY MEMBERS?
They can try to borrow money from family members. They can work with non-profit credit counselors to set up budgets that allow them to pay down their outstanding debt. They can also take out debt consolidation loans or work with debt settlement providers. Of course, none of these options is perfect. They call come with negatives, everything from high fees and interest rates to the embarrassment of asking family members for financial help.[9]
FILING FOR CHAPTER 7 BANKRUPTCY FOR SOME MAY BE THE ONLY WAY TO GET A FRESH START TO BEGIN RETIREMENT YEARS.]
Posted here by Terry R. Bankeret
http://attorneybankert.com/
[1]
http://www.investinganswers.com/education/going-bankrupt-isnt-easy-startling-facts-you-never-knew-about-filing-bankrup-1958
[2]
http://www.investinganswers.com/term/chapter-7-352
[3]
http://www.investinganswers.com/term/collateral-1034
[4]
http://www.investinganswers.com/term/credit-report-113
[5]
http://www.grandrapidsmn.com/business/article_13b0cf04-ee8e-11df-8d50-001cc4c03286.html
[6]
http://www.reuters.com/article/idUSTRE6A73M920101108
[7]
http://www.americasnewsonline.com/study-on-bankruptcy-shows-dramatic-growth-in-filings-from-elderly-911/
[8]
http://www.jdsupra.com/post/documentViewer.aspx?fid=0dfce5a1-baa3-41f2-b47c-ea24f4efc410
[9]
http://www.creditloan.com/blog/2010/10/29/chapter-7-bankruptcy-filings-on-rise-among-older-americans/ Sphere: Related Content
Monday, November 1, 2010
VOTE FOR MI SUPREME COURT CANDIDATES ALTON THOMAS DAVIS AND DENISE LANGFORD MORRIS.
Judicial candidates are using the Nov. 2 election to balance the scales of justice in Michigan.
Five candidates are running for two open seats on Michigan’s Supreme Court. Both current justices Alton Thomas Davis and Bob Young look to extend their time on the Supreme Court, opposing new challengers Mary Beth Kelly, Denise Langford Morris and Bob Roddis.
Young has spent the past 11 years as a Supreme Court justice.
“I have more actual Supreme Court experience than any other candidate running for office,” he said. “No other candidate has that length of experience.”
Prior to holding his position as Supreme Court Justice, Young spent 18 years in private practice before being elected and appointed to the Michigan Court of Appeals. Young also spent three years on CMU’s Board of Trustees under president Leonard Plachta in the 1990s.
Davis also has experience serving on Michigan’s Supreme Court. Appointed in August, Davis spent the previous five years on the Michigan Court of Appeals and has 26 years worth of experience as a judge in Michigan, working as a circuit court trial judge for 21 years.
“I have three goals for the Supreme Court,” he said. “I want to improve the court, ensure that we are fair and impartial and implement reform.”
Kelly also wants to improve Michigan’s Supreme Court.
“I want to bring my conservative judicial philosophy to the Supreme Court because I believe it is needed right now,” she said. “A judge needs to be conservative because our Constitution envisions this limited role for the judiciary.”
Kelly has been a Wayne County Circuit Court judge since 1999. She was appointed by the Michigan Supreme Court to be chief judge of the court, becoming the first woman to lead that bench.
Morris believes she has the skill set to serve as a Justice of the Supreme Court.
Morris has served as an Oakland County Circuit Court judge since 1992. She also has experience serving as an assistant U.S. attorney and assistant Oakland County prosecutor, as well as spending two years in private practice.
“I believe I possess the experience, intellect and integrity needed on the Michigan Supreme Court,” she said. “I have broad-based experience in state and federal courts, handling civil criminal, probate, family and appellate cases.”
Roddis is also looking to fill one of the two seats on Michigan’s Supreme Court. Serving as an attorney since 1980, Roddis has a juris doctor degree from Detroit College of Law and a master’s of law degree from Wayne State University Law School
http://www.cm-life.com/2010/11/01/five-state-supreme-court-candidates-vary-in-experience-run-for-two-seats/
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