Politics undoubtedly influence the public narrative surrounding a municipality’s slide into bankruptcy. Last week, however, the Securities and Exchange Commission served notice that public officials need to be careful of what they say. For the first time ever, the SEC charged a municipality, Harrisburg, Pennsylvania, with violations of Section 10(b) of the Exchange Act and Rule 10(b)(5) for making materially misleading statements.

While Harrisburg filed a Chapter 9 petition in October of 2011, the petition was dismissed on the grounds that the bankruptcy filing was not authorized under Pennsylvania law. Instead, a receiver was appointed to implement a “recovery plan” and take control of the city’s finances. The city remains under the control of the receiver.

MuniBK
(posted 2 days 5 hours ago)


Bankruptcy Statistics – An infographic by the team at Bankruptcy Statistics
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Bankruptcy Statistics – An infographic by the team at Bankruptcy Statistics

(posted 2 days 5 hours ago)

Receiving Wide Coverage ...

Deriving Pleasure: Too many price quotes will increase trading costs and reduce liquidity. That is the curious (if not spurious) story megabanks successfully stuck to in lobbying financial regulators to water down a key provision of the Dodd-Frank Act aimed at governing derivatives trading. The result was a 4-to-1 vote by the Commodity Futures Trading Commission on Thursday in favor of reducing the number of price quotes buyers must seek before conducting...

BankThink
(posted 2 days 6 hours ago)

Loan performance data show the entire case against GSE underwriting standards, and their role in the financial crisis, is based on social stereotyping, smoke and mirrors, and little else.

BankThink
(posted 2 days 6 hours ago)

Eastman Kodak Co. is seeking court permission to enter into a deal with its U.K. pension plan, an “unprecedented” settlement that lies at the heart of its reorganization proposal. Read the Daily Bankruptcy Review story here.
A decades-old whistleblower lawsuit that prompted Congress to change the law intended to expose corporate fraud on the government is still haunting the remnants of the old General Motors—and is holding up the distribution of $50 million to the bankruptcy estate’s creditors. Read the DBR story in The Wall Street Journal.
Standard & Poor’s Ratings Services placed its ratings on Ally Financial Inc. on watch for a possible upgrade, after the government-controlled auto lender entered into a plan-support agreement with its troubled mortgage subsidiary Residential Capital and the unit’s influential creditors, WSJ reports.
The Journal reports Telus Corp. it will acquire mobile-phone start-up Mobilicity for 380 million Canadian dollars ($373.6 million), highlighting the struggles new entrants to the wireless space face as they try to compete against Canada’s incumbent phone companies.

WSJ.com: Bankruptcy Beat
(posted 2 days 6 hours ago)

Bullock v. BankChampaign, N.A., 569 U.S. ___ (2013) – Although an individual debtor can generally obtain a discharge of debts in bankruptcy as part of a “fresh start,” there are certain exceptions.  In particular, Section 523(a)(4) of the Bankruptcy Code provides that a debtor is not discharged from a debt “for fraud or defalcation while acting in […]

(posted 2 days 9 hours ago)

student loan debt and bad decisionsPeter Morici, an economist and professor at the Smith School of Business, University of Maryland, claims that forgiving student loan borrowers of their debts will lead only to more bad decisions.
There’s a move in Washington to do something about student loan debt. Senators propose freezing student loan interest rates. Federal agencies issue reports.  And, of course, there’s the rolling tide of bills to get private student loans rendered dischargeable in bankruptcy cases.
No wonder: not only is there more than $1 trillion in student loan debt outstanding, but people have finally woken up to the fact that a college degree doesn’t buy you a ton of access to a well-paying job.

(posted 2 days 12 hours ago)

http://www.dreamstime.com/royalty-free-stock-photo-mature-businessman-knockout-punch-image21150255Overwhelming consumer debt and unpaid tax debt can feel like a one-two  punch. To recover from the consumer debt hit, some consumer debtors must pass a means test and prove they are poor enough to qualify for bankruptcy relief. This can be a problem if household income is above median for the state. But, the jab of unpaid tax debt is a hit that can really lay a debtor low. Believe it or not, sometimes taking the blow from tax debt can help a debtor to dodge the means test.
How can going a few rounds with the IRS help a debtor file for bankruptcy? To answer this question, we need to step out of the ring for now and examine the fight.

Bankruptcy Law Network
(posted 2 days 15 hours ago)

 
flooded house The median home price in the Bay Area has risen to over $500,000 for the first time in five years, the Mercury News reported this week.
For lots of home owners, that says the window of opportunity is closing.
What? The usual thinking is that rising values are good for homeowners and bad for those trying to break into the real estate market.
You’d think that a home that’s worth more than it was before is a good thing.
But, as a consumer lawyer who has advised homeowners through the last five years of recession, I see the door closing on homeowners who at lower values, might be able to get rid of their equity lines and junior deeds of trust in Chapter 13.

(posted 2 days 20 hours ago)

There technically is no age limit or restriction for filing a personal bankruptcy.  You have to be an individual and you have to be in a certain jurisdiction for a certain amount of time.  You don’t have to be an adult, you don’t have to be 18, and you don’t even have to be 15.  There is no age limit.  However, it makes sense if you are not going to be someone who can incur debt or credit unless you are an adult.  Credit card companies are not going to issue credit cards unless you are over 18.  You are not going to be able to enter into a valid contract in most states unless you are 18.  So technically, there is no age limit or restriction.
However, we typically see clients that range from 20 years old to 70 years old, depending on the situation.  The majority of clients are somewhere between those two ages and it is something that we can help with no matter what age you are.  But keep in mind, there is no age restriction, there is no age limit and there is no particular dollar amount that you must be at for a Chapter 7.

Waukegan Bankruptcy Lawyers
(posted 2 days 20 hours ago)