Archive for the ‘Jobs and Bankruptcy’ Category

Unemployment, Bankruptcy and a call for help

Friday, November 18th, 2011

The New York Times describes, in bitter detail, the plight of a Medical Billings Analyst who worked at St. Vincents for more than 20 years until she was recently laid off when St. Vincents filed for Bankruptcy.  The analyst, a young women who hasn’t had much success with men in her life, has to try and take care of two children on unemployment compensation of $350 or so…a week.  So, she’s cutting back on luxuries….like toothpaste.

If she had a large amount of debt, I could help her.  If she had any debt, I could help her.  I could file a Chapter 7 Bankruptcy in New York for her and I could make sure she wouldn’t have to pay any types of credit card bills anymore.  If she had past due medical bills I could easily get rid of those also.  But that’s it.  That’s the most infuriating part.  I could help her get rid of nasty credit collectors calling her, or idiotic law firms that dont follow protocol, freezing her bank accounts without notice.  But I can’t really get her paid, or on her feet.  I can’t really help her afford luxuries like toothpaste.

And before you accuse me of being a bleeding heart, understand that I am 100% for personal responsibility.  But more and more I’m seeing clients who are working and working and they can’t possibly make ends meet.  I have a client who works a night shift….and a day shift, and he can’t afford his rent and he has no family to move in with.  Another, who bought a house, was told not to make payments to get a loan mod, and now faces foreclosure.  There must be a way to help these people.

Which brings me to my next point, which is that you can’t just throw money at the problem.  I donate a specific percentage of my profits to various organizations in an attempt to give back.  In 2012, we will donate 12% of all profits to various local organizations.  Everything from education for children in Kenya, to the Wounded Warriors Project (which is an amazing charity, by the way.)  But it’s not enough to actually transform someones life.  Thus far, my firm has partnered with The Street Academy of Financial Literacy and Pencil.org to bring Financial Literacy lessons to kids across Brooklyn.  But again, I can and should do more.  Which is why I’d like your ideas this holiday season.  As we embark and yet another few weeks/months where we say thanks for all we have (even if our families are insane…yes, yours too), we should also reflect on meaningful ways of giving back.  If you’ve any ideas/thoughts/etc., on how my law firm can really make an impact in Brooklyn or Manhattan, feel free to email us.  It’s not just donations, though.  I’m looking for real, concrete ideas to help people like the woman who lost her job when St. Vincents closed down. Or anyone you know who is trying to make ends meet.  If we can implement them, we will…and immediately.

I look forward to hearing from you.

 

 

 

The latest White House Plan to fix Housing falls ridiculously short

Tuesday, October 25th, 2011

In the latest of what seem to be increasingly ineffective solutions to stem the tide of foreclosures in this Country, the Obama Administration announced a new housing plan that could ultimately help an additional 1 million homeowners across the Country.  The plan would allow banks to refinance loans that are underwater.  In other words, Bob, who has a house that’s worth less than what he owes on the mortgage, now has the pleasure of possibly paying 4% on that loan instead of 6%.  With the extra savings (The White House says around $2500/year will be saved while other studies show the number to be closer to$300), Bob will no doubt support the economy.  Or he will buy stuff he couldn’t afford before….like food.

The first and most important step in stopping foreclosures across the Country is to deal with unemployment crisis.  Nothing else matters unless this changes (or Oprah says “You get a house for free and YOU get a house for free, and YOU…).  This sounds pretty simple, but for some reason, we can’t seem to grasp it.  My clients want to pay for their stuff.  They never come to me to file because they don’t want to pay for their stuff or they want to take advantage of the system.  To the contrary, they’ve likely paid idiotic debt collectors for years (at exorbitant interest rates) because they feel they have a responsibility to try and pay their debts.  The problem isn’t that their mortgage interest rate is too high.  That’s just absurd.  The problem is that many of them are now unemployed or underemployed.  We’re not at 9.1% in this Country.  Thats a mytth.  When you count the number of unemployed and “underemployed people” I would guess we’re likely closer to 17-20%.  You don’t fix housing until you fix that.  You can’t bring the interest rate of a mortgage down by 1% and expect it to change anything at all.  These people need decent paying jobs.  They need money.  Not disposable cash.  But a consistent paycheck, so that they can pay their mortgages.  If you ask someone if they want to pay $2400 for their home or $2516, they’ll obviously pick the former.  But if you ask them if they want to pay $2516 but also have a job that pays them, I’m pretty sure they could care less about the $100 difference.  You cannot put bandaids on someone’s arm when they’re internally bleeding.  You’re wasting time (and band-aids).

To effectively deal with the Housing Crisis, we also have to take definitive steps at addressing our emotions and move forward.  What we’re doing now is a little Waltz.  Dancing around the issue.  Sprinkle some mortgage relief here, maybe some there, and that’s it.  And everything still stays the same.  As I mentioned, we have two camps; they have to make peace or learn to move on.  Unless the guys in the room who think that the people who paid for homes they couldn’t afford deserve relief, we’ll get nowhere.  I understand the mentality.  I get it.  I think it’s much more complicated, but I get it.  But we need someone to reach across and say “Yes, a lot of people messed up and got caught up in the craze, but we need to move beyond this, otherwise nothing gets better.”  Half the Country bought into the notion that Real Estate prices will always go up.  But this Housing crisis has played a tremendous role in the surge of Bankruptcies, and the inability of a family to right their lives.  If you’re stuck paying for a home you can’t afford, you have two choices.  You keep paying and hope you’ll find more money (horrible idea) or you walk away and threaten the property values of your neighbors (horrible idea).  We just have to say “bad idea” and move on and forgive a ton of mortgage principle and fix this thing.  Otherwise we’re going to be pointing fingers at each other while we watch property values continue to drop or stay stagnant.

Unless this Administration, or Congress, or even the private sector, figures out a way to refinance these homes and reduce the principal owed on them, nothing changes.  These interest rate reductions will help close to no one.  It’s a joke.  If we want to effectively deal with the problem, then let’s deal with it.  But if you’re going to tell me that reducing already historically low interest rates for people who barely make enough to keep the lights on, will do anything long term, then I have something to sell you.

Bankruptcy in New York City is dropping; The economy is worse

Monday, October 10th, 2011

As a Manhattan Bankruptcy Attorney, over the past few years I’ve witnessed a boom in Bankruptcy filings across New York City.  Everyone was filing.  Teachers, doctors, lawyers, the unemployed.  Literally everyone.  But there seems to be an absolute lull in the field now.  Chapter 13 Bankruptcy filings in New York are down something like 65%.  Many people attribute this to the fact that the ones who needed to file Bankruptcy have done so already.  That there aren’t many left.  I wholeheartedly disagree.

In the opinion of this Manhattan Bankruptcy lawyer, things are getting worse, not better.  Unemployment hovers around 9% (those are the official numbers.  The unofficial numbers are likely much worse).  About 1 in 5 people is behind on his/her mortgage.  People are underpaid, and many of them don’t have enough to out food on the table and pay the rent at the same time.  Not everyone who was meant to file Chapter 7 Bankruptcy in Manhattan has filed Chapter 7 Bankruptcy in Manhattan.  To the contrary, many people are still waiting for that next big paycheck or job to come in.  They’re dealing with debt settlement companies when they should be filing.  They’re spending more and more on interest and late charges when they could realistically be completely out of debt in approximately 90 days.  They’re doing the same thing, but there is even less money to play with now.

In meeting with clients in our New York City office, we’re finding many potential clients have already run through their entire 401ks, accruing large fees to the IRS in the process.  They’ve stopped paying rent in hopes that they’ll be able to find a cheaper apartment while still paying their credit card minimums (they have no choice but to live on credit cards).  Things are getting worse, not better.

The advice has always been the same but I fear it still hasn’t sunk in.  You’re wasting your money in almost every other scenario.  The debt isn’t going away, nor is the stress.  The credit card companies and debt collection companies aren’t going anywhere either.  I can’t ever be clearer about this than I am now.  You’re wasting money as things seems to be getting worse, not better.  You’re paying debts that aren’t going away with money that could likely keep in a Bankruptcy filing. You may be wasting what money is left on this.

 

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