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Rhode Island Bankruptcy Debtors Catch a Break

by Mark Buckley

Twice a year, the US Census Bureau and the IRS provide data used by bankruptcy lawyers to determine who qualifies for debt relief.  On May, 1, 2012, the new income numbers became effective for all new bankruptcy case filings.  The good news is that median income figures rose for all household sizes in Rhode Island.

Below are the new median income figures that I will use for my Rhode Island clients who need to file for bankruptcy:

  • 1 person household $ 47,798 (up from $ 46,335)
  • 2 person household $ 61,506 (up from $ 59,624)
  • 3 person household $ 68,909 (up from $ 66,800)
  • 4 person household $ 88,990 (up from $ 86,267)
  • Add $ 7,500 for each additional household member above a 4 person household

As a reminder, these are gross income figures.  To determine whether you qualify for Chapter 7 bankruptcy relief, I will examine your trailing 6 months of gross income from all sources, except Social Security and unemployment.  I will then double the gross figure and compare it to the chart above.

Bottom line: Many more who need to file for bankruptcy protection in Rhode Island now qualify.  This window of opportunity may only be available for a short period, so if you are considering bankruptcy, call a qualified RI bankruptcy attorney today.

Filed Under: Blog, Means Test, Rhode Island Bankruptcy Articles Tagged With: Bankruptcy, bankruptcy attorneys, bankruptcy filing, bankruptcy lawyer, bankruptcy lawyers, Chapter 7 bankruptcy, filing bankruptcy in Rhode Island, Mark Buckley, Rhode Island bankruptcy, Rhode Island Bankruptcy lawyer, RI bankruptcy lawyer, RI means test

How To File a Chapter 7 Bankruptcy Petition

by Mark Buckley

For the last 30 years, I’ve been drawing pictures and timelines to explain to my Chapter 7 bankruptcy clients how the process works. I finally decided to make a video and hope you find it helpful.

Filed Under: Blog, Rhode Island Bankruptcy Videos, Rhode Island Chapter 7 Tagged With: Bankruptcy, bankruptcy attorneys, bankruptcy court, bankruptcy courts, bankruptcy drawing, bankruptcy filing, bankruptcy lawyer, bankruptcy lawyers, bankruptcy timeline, Chapter 13, Chapter 7 bankruptcy, credit cards, debt, filing bankruptcy in Rhode Island, Mark Buckley, pri-sidebar, Rhode Island bankruptcy, Rhode Island bankruptcy law, Rhode Island Bankruptcy lawyer, Rhode Island Chapter 7

The Truth About the Mortgage Modification Process

by Mark Buckley

Obama’s mortgage modification program: on its way out?

Could the Obama Administration’s program to help American homeowners stay afloat be nearing the end of its usefulness? A committee of Washington Republicans assigned to oversee White House programs says this could be the case.

Soon after it became obvious that a major national financial crisis was looming on the horizon, the Obama Administration launched its Home Affordable Modification Program (HAMP), offering mortgage lenders financial incentive to restructure their customers’ payment plans. Although optimists predicted this program would stem the tide of sub-prime mortgage failures, it only ended up being temporarily effective: confusing paperwork, uninformed staffs, and poorly organized processes hopelessly confounded a large number of participants, many of whom ultimately failed to acquire long-term mortgage modification.

Newly elected Republican officials are expected to study and scrutinize many of the President’s recession-protection strategies, and thanks to its less-than-stellar performance, HAMP will probably make an easy target. “This program seems to have outlived its usefulness,” stated Darell Issa of the House Oversight and Government Reform Committee. In Issa’s opinion, the incentive program is yet another example of superfluous government intervention.

This allegation is not entirely without basis in reality. Although hopes ran high for HAMP, in truth the entire program was rushed and poorly planned from the beginning. Of the 500,000 homeowners granted temporary mortgage modifications under HAMP, only a miniscule fraction was approved for permanent modifications. In the long run, this left many further behind on their mortgage than they began.

Additionally, recent unemployment rates have been less than conducive for HAMP’s success. In recent years it has become impossible for much of the country to attain income levels capable of handling modified mortgages, let alone unadjusted ones.

The fact that HAMP has been associated with the robo-signing controversy only compounds problems. Republicans now blame Democratic regulators for not paying close enough attention to the foreclosure industry.  Representative Robert Goodlatte is quoted in a recent hearing on Capitol Hill as demanding Democrats to “explain how the OCC [the agency in charge of overseeing the activity of America’s largest banks] …failed to detect that there were foreclosure documentation issues well before this turned into a crisis.”

Julie Williams, Chief counsel for the OCC, had little to say in response: “In hindsight, if we think about the volume of transactions that were going through the process, we could have been more suspicious.”

Filed Under: Blog, Personal Finance, Rhode Island, Rhode Island Bankruptcy Articles, Rhode Island Chapter 7 Tagged With: bankruptcy attorneys, bankruptcy lawyer, bankruptcy lawyers, CERTIFIED FINANCIAL PLANNER, Chapter 7 bankruptcy, filing for bankruptcy in RI, foreclosure, HAMP, Home Affordable Modification Program, Mark Buckley, mortgage, Rhode Island bankruptcy, Rhode Island Bankruptcy lawyer

RI Bankruptcy Advice: Tell the Truth

by Mark Buckley

Your Duties to Disclose During Bankruptcy

A successful Chapter 7 bankruptcy requires honesty in order to work. When filing for bankruptcy in Rhode Island (or any state for that matter), honesty is not just necessary: it is mandatory. Anyone filing for bankruptcy should know that they are expected—required, rather—to act in good faith and be completely transparent with their RI bankruptcy attorney and Chapter 7 bankruptcy trustee.

There are three areas in particular where this “duty to disclose” comes into play for those filing for bankruptcy.

(1) Duty to Disclose Pre-Bankruptcy Asset Transfers

Imagine you own a number of expensive assets (real estate, valuable jewelry, multiple cars, perhaps a boat) but have created considerable debt in acquiring them. Scared that you may lose something, you secretly transfer these items to a close relative before filing for bankruptcy, with the intent of taking them back after your debt has been eliminated. This would be considered fraud under bankruptcy law and could be grounds for the denial of your debt discharge. For this reason, you are required to alert your attorney of any and all transfers of interest in the period before you filed for bankruptcy.

(2) Duty to Disclose Payments Made Before Your Bankruptcy

You may or may not have been advised to avoid repaying loans to family and friends prior to filing for bankruptcy. This is partially because of your “duty to disclose” pre-bankruptcy payments, since repaying loans from family and friends in this context can also be considered as fraudulent. In repaying old debts, you have chosen a lesser priority “creditor” over another higher-priority creditor, an action that can have serious repercussions in bankruptcy court. For this reason, any pre-bankruptcy payments beyond what bankruptcy court considers “essential” must be disclosed to one’s bankruptcy attorney.

(3) Duty to Disclose Any Lawsuits

Your “duty to disclose” extends to payments you expect to receive as well. If you are currently involved in a lawsuit from which you expect to receive some form of financial settlement or compensation, you have an obligation to alert your bankruptcy attorney of your situation.

Bankruptcy is a complicated business, so consulting a qualified bankruptcy attorney is an intelligent move for any person struggling with excessive debt. A good bankruptcy attorney can help you make sense of bankruptcy law’s complex procedures and make the most of a difficult financial situation. The Law Offices of Mark Buckley offer free debt consultation and are a good place to start when looking for financial direction.

Filed Under: Blog, Rhode Island, Rhode Island Bankruptcy Articles, Rhode Island Chapter 7 Tagged With: Bankruptcy, bankruptcy court, bankruptcy lawyer, bankruptcy lawyers, Chapter 7 bankruptcy, filing bankruptcy in Rhode Island, Mark Buckley, Rhode Island bankruptcy, Rhode Island Chapter 7, RI bankruptcy lawyer

Get Bankruptcy Advice Even If You Have No Intention To File

by Mark Buckley

A common emotion for most Chapter 7 bankruptcy filers is REGRET.  Not regret for filing bankruptcy, but regret for not seeking legal help earlier for their financial struggles.

This may sound self-serving coming from someone who has helped more than 3,000 clients in Rhode Island file for bankruptcy relief, but ask anyone who has filed a Chapter 7 bankruptcy.  Most debtors waste time and money on weak attempts to solve an unfixable mess.

Recently, I spoke to married client who hadn’t saved much for retirement.  He sold his house a few years ago and put the $ 120,000 profit in the bank, hoping it would supplement the $ 40,000 kept in a 401k plan.

Over the years, he spent $ 80,000 of his precious savings and all of his 401k in order to pay substantial credit card debt.  He still owes $ 37,000 and asked me if he could NOW file a Chapter 7 bankruptcy to discharge the remaining debt.

Under federal bankruptcy protection laws, he would have difficulty protecting his remaining $ 40,000 in the bank.  Because the account is joint, he may be able to protect half, but the rest is fair game for the bankruptcy trustee to go after.  Now in his 70’s, there is no way this retired man could afford to lose $ 20,000.

What went wrong?  What should he have done?

If he had called me years ago, I would have explained how under Rhode Island law, he could have exempted all the equity in his modest home and still file bankruptcy to discharge his considerable credit card debt.  I would have also explained how it almost never makes sense to liquidate qualified retirement assets to pay credit card obligations.  Instead of taking a 10% penalty on the early withdrawal, paying income tax on the gain, and forfeiting the future growth of the account, he should have known that bankruptcy exemption laws are quite generous in protecting retirement assets.

In other words, he could have kept his house and retirement account and discharged all his credit card debt . . .  with ease!

It is unfortunate that he spent most of his life savings on debt that could have been eliminated with a simple Chapter 7 bankruptcy filing.

Here is my point.  You may never want to, or need to, file for bankruptcy relief.  But you should talk with a skilled bankruptcy lawyer who can explain all of your debt options.

So, when do you know its time to seek help? Do you have more than $10,000 in unsecured debt, are you robbing Peter to pay Paul, are debt collectors calling you at home or at work?  If so, something is seriously wrong.

Bottom line:  You would be surprised what you could learn from sitting with a qualified bankruptcy attorney.  A good bankruptcy lawyer can offer a free consultation and patiently explain all of your debt-relief options.

Filed Under: Blog, Personal Finance, Rhode Island, Rhode Island Chapter 7 Tagged With: bankruptcy filing, bankruptcy lawyer, bankruptcy lawyers, Chapter 7 bankruptcy, credit card, credit cards, debt, filing bankruptcy in Rhode Island, filing for bankruptcy in RI, Mark Buckley, Rhode Island bankruptcy, Rhode Island bankruptcy law, Rhode Island Bankruptcy lawyer, Rhode Island Chapter 7, RI bankruptcy lawyer, RI Chapter 7

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