The rate of older Americans filing bankruptcy at age 65 and up is three times what it was in 1991. A perfect storm of declining income, reduced savings, increased out-of-pocket spending on healthcare and a shrinking social security safety net, has many older Americans seeking bankruptcy to stave off creditors and stay afloat. (Read Abstract: Graying of U.S. Bankruptcy: Fallout from Life in a Risk Society) However, many older Americans tend to wait too long to file bankruptcy. Only after they … [Read more...]
Filing Bankruptcy Before or After Retirement?
If you are approaching retirement and are considering bankruptcy protection, you may have questions such as “what happens to retirement funds in bankruptcy before you retire?" Or, if you have carried debt into retirement and are considering bankruptcy after the fact, you may wonder if your disbursements will be up for grabs or even your social security benefits. As with any bankruptcy, filed at any age, timing can be a factor. Sometimes it makes sense to file right away while other times it is … [Read more...]
Seniors Fastest Growing Segment of Bankruptcy Filers
If you are not financially ready for retirement, you are not alone. In fact, according to a Federal Reserve study as many as one quarter of all Americans have no retirement savings or pensions. Even those who have managed to set money aside may not have enough to see them through. Seniors are the fastest growing segment of bankruptcy filers in the U.S. In fact, a 2010 study out of the University of Michigan found a threefold increase in the number of bankruptcy filers 65 and older since … [Read more...]
Zombie Debt Collection Harassment
When you are unable to pay a debt, the lender may eventually 'charge off' the debt if their efforts to collect it are unsuccessful. The calm that follows may end the torrent of harassing phone calls and demand for payment letters initially, but there is a strong possibility a debt collection company will buy the debt from the original lender and start the collection process anew. So-called zombie debt collection companies make their living from purchasing bad debt from companies at a fraction … [Read more...]
Qualifying for Chapter 7 Following a Job Loss
The Toys R Us bankruptcy liquidation sale is nearly over and, unfortunately, that means that roughly 30,000 employees will be out of work by the end of the month. Workers, many of whom have been with the company for years, say that they will not receive severance pay or be compensated for accumulated sick time, leaving many scrambling to find alternate work as quickly as possible. While some will be successful in landing on their feet following a job loss, particularly in the strong job … [Read more...]
Student Loan Forbearance Warning
A new GAO (Government Accountability Office) report is warning student loan borrowers against taking forbearance on student loans for any extended period of time. A forbearance agreement is way to postpone payments to avoid defaulting on student loans when borrowers are hit with a difficult financial situation. Forbearance is offered to borrowers in 36 consecutive month increments to keep their accounts in good standing. While this may sound like a heck of a deal, the catch is that student … [Read more...]
Recovering From Illness or Injury Impacts Finances
Many people that carry health insurance do so to protect themselves from the economic risks of a serious health event; however, a recent study shows that despite having health insurance, incidences of illness or injury can wreak havoc on the finances of Americans leading some to file for bankruptcy protection. In California for example, people between the ages of 25 and 64 are at an increased risk for bankruptcy following hospitalization. Even though many have health insurance to help cover … [Read more...]
BonTon Employees Lose Jobs in Bankruptcy Liquidation
On the heels of the announcement that Toys R Us is closing, BonTon stores, including the Bergners in Pekin and Peoria, Illinois are expected to close as part of a bankruptcy liquidation. Like many other brick and mortar retailers struggling to keep up in a time of eCommerce and other newer shopping venues opening in other locations, BonTon, which operates 260 stores in the U.S. under the names of Bonton, Younkers, Bergners and others is calling it quits. Although the company had hoped that … [Read more...]
Some Student Loan Debt Dischargeable in Bankruptcy
Of interest to individuals considering bankruptcy with student debt, a bankruptcy judge in Texas has denied a request by the student loan company, Navient, to dismiss a class action suit accusing the company of collecting on loans discharged through bankruptcy. As the case moves forward, it may provide the appellate court the opportunity to ring in on the question of whether loans historically exempt from bankruptcy discharge can now be considered when wiping the slate clean in a chapter 7 … [Read more...]
Pushing Back on Student Loan Debt Collectors
With few exceptions, student loans are not dischargeable debt through bankruptcy and, because it can be difficult to keep up, many borrowers are defaulting on their student loans. Creditors are quick to act by filing tens of thousands of lawsuits every year against borrowers who have fallen behind. Although creditors seem to wield all the power when suing people to recoup student loan debt, there are some defenses debtors can use to halt student loan collection cases. All too often, … [Read more...]
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