Archive for December, 2011

Bankruptcy and The State of Our Economy

Surprisingly, bankruptcies are minimizing nationwide. Signaling what could be a nationwide trend, the U.S. Bankruptcy Court for the Western District of New York reported a 17.5 percent drop in bankruptcy filings in Buffalo and Rochester. While numbers for Manhattan and Suffolk counties haven’t been reported yet, the National Bankruptcy Research Center and American Banking institute reports a nationwide drop nearing 8 percent during the first half of 2011.

Just what does all this mean? Is the economy really getting better? Should we be hopeful? If the credit crunch and nationwide debt are taking such a toll nationwide, why aren’t bankruptcies skyrocketing?

The general opinion, however, is that recent downward trends in bankruptcy aren’t a signal of a developing economy. Foreclosures in the US have bogged down to a crawl: new regulations developed to curtail foreclosure-happy banks have terrified lenders. Many citizens that choose bankruptcy do so to protect a home. Furthermore, there’s a general decline in credit creation: because the economy’s in such bad shape, Americans want to spend less money. Finally, the price of going bankrupt is prohibitive, forcing most Americans to find other means to survive financially. Although the price of a chapter 7 bankruptcy can be too much for someone, it is one sure way to relive the tension and anxiety of debt.

Even the Federal Government is getting in on the fact that a large number of banks violated the law during the homeowner credit crisis. As the government rose to defend the rights of homeowners, regulations were set up to protect them: and they worked. Banks are now not only terrified to lend, they’re terrified to foreclose. It’s become an unfortunate catch-22 for those who wish to purchase property. Moreover, the situation has reduced foreclosures, and lowered the desire for Americans to apply for bankruptcy to protect their home.

Americans are spending less. Overall, consumers have wised up, and are enduring the recession by not spending as much. Less homes, fewer boats, fewer automobiles, fewer motorcycles, fewer expensive flat-screen TVs… fewer overall big-ticket credit items are being bought nationwide. Because of this, Americans have less in the way of assets to protect, making Chapter 7 a less inviting solution for debt problems.

The government has made it harder to declare bankruptcy. The means test is a difficult task to accomplish without a lawyer. However,it’s not impossible. If you need to know more about declaring bankruptcy, realize that it can be done with the help of a specialized lawyer.

Getting Out of Timeshare Contracts

It is a common scenario. A couple buys a timeshare only to realize it’s not what they wanted or expected. They try to sell and even hire companies to help them do so but find little if any interest from buyers. Whether it’s the sluggish economy or the fact that maintenance fees are rising for older timeshare properties, inquiries about selling timeshare contracts are increasing.

Owning a timeshare for a week generally means paying 1/52nd of the maintenance costs of the unit and the unit’s share of common area expenses. As the facilities age, the fees typically increase because more maintenance is needed. It is not uncommon for timeshare owners to pay anywhere from $1,200 to $10,000 a year for their share.

If you are a timeshare owner looking to unload, look at the contract before you decide to sell. Even if you have a buyer, you may have to offer the unit to the developer first or at least get approval to sell to a particular buyer.

Some people donate their timeshare to a charity for resale, but if the charity cannot find a buyer, then the charity is obligated to pay the fees. That means a charity should be careful before accepting a timeshare.

There are companies that can and do help sell timeshares, but many people have complained about paying upfront, nonrefundable fees to companies claiming to have a buyer. But once the fees are paid, there is no further contact from the company.

Legitimate companies are out there, but you have to be careful. Always check the Better Business Bureau and other consumer protection agencies to see if complaints have been filed against the company you are considering.

After trying unsuccessfully for years to sell a timeshare, some owners consider just walking away from the contract. It’s important to remember, however, that you have a contract, and disregarding your obligation could affect your credit rating. You could also be sued.

Before walking away, contact the developer to see if the company will accept the return of the timeshare. If not, the timeshare owners can either continue to hold onto the property or take a risk, hoping that the developer will not bring an action against them to enforce the contract. To get a hint on how aggressive the company may be, check state court records to see if the company has brought lawsuits against other owners.