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Group Calls For More Federal Funding To Fight Foreclosures (KYW News Radio 1060)
Members of a coalition called "Save Our Homes"  were among those on Friday calling for HUD or Congress to provide funding to help the unemployed avoid foreclosures.
Foreclosures In March Hit Record Locally (Las Vegas Review-Journal)
Lenders opened the floodgates by lifting a moratorium on foreclosures in March, resulting in a record number both in Clark County and nationally, a foreclosure expert said Thursday.
Foreclosures Rise In Morgan County (The Fort Morgan Times)
Home foreclosures are up again in Morgan County.
A Quick Bankruptcy For G.M.? Not So Fast (New York Times)
Any hope of a high-speed bankruptcy by General Motors faces a serious obstacle: a judge — not the Obama administration, not G.M. management and not the company’s creditors — would reign in court, The New York Times’s Jonathan D. Glater writes.
GM CEO: Bankruptcy 'Probable' (Washington Post)
Automaker's chief says company still intends to restructure its business outside of bankruptcy.
Pa. Woman Forges Bankruptcy Seal To Save Electric (AP Via Yahoo! News)
A Pittsburgh woman made a fake federal bankruptcy court seal on a document in hopes a utility company wouldn't cut off her electric service. Dorothy Hunt, 41, pleaded guilty to the counterfeiting charge Thursday and faces up to five years in prison when she's sentenced Aug. 6.
Las Vegas Braces For Commercial Foreclosures (Las Vegas Sun)
A tsunami of commercial real estate foreclosures is on the horizon and is threatening banks and undermining developers who are already struggling with high vacancy rates. It’s another looming blow for many banks that are sweeping up after the financial wave of the residential real estate bust. Since the first of the year, a growing number of developers of offices, industrial space and retail ...
Scammers Prey On Home Foreclosures (The Paris News)
With home foreclosures on the increase, so are scam artists.
G.M. Hopes To Make Deadline But Is Preparing For Bankruptcy (New York Times)
The chief executive of General Motors , Fritz Henderson, said Friday that “it is still feasible” for G.M. to meet the administration’s demands by June 1 without filing for bankruptcy, but he acknowledged that executives were preparing to seek court protection if necessary, The New York Times’s Nick Bunkley reported.
Icahn And Oaktree Said To Push For MGM Mirage Bankruptcy (New York Times)
Will it be pistols at dawn in Vegas for Carl C. Icahn and Kirk Kerkorian? The activist investor and private equity fund Oaktree Capital Management have amassed hundreds of millions of dollars of MGM Mirage bonds and have told the troubled casino firm it should quickly overhaul its massive debts in bankruptcy, The Wall Street Journal reported, citing people familiar with the matter.
Des Plaines Seeks Grants To Help With Rising Foreclosures (Daily Herald)
With home foreclosures rising, Des Plaines city officials say they will try for federal housing grants to help address the problem.
Foreclosures Continue To Rise In South Florida (Miami Herald)
The number of foreclosures in Miami-Dade and Broward continued rising last month, as mounting job losses crippled borrowers' ability to make mortgage payments. Lenders lifted previous foreclosure moratoriums and resumed legal action against delinquent accounts.
Confessions Of A Money Manager: One Reason Housing Is Weak - Fannie Mae (The Capital Times)
We hear this constant refrain that the banks aren't lending money, particularly money to buy homes. So I did a little snooping -- actually I started by going to the bank that holds my home mortgage, seeking to re-finance -- and lo and behold, I found out some very interesting things.
The Housing Pox: Is It Nearing An End? (KiplingerForecasts.com)
The long and painful bloodletting in the U.S. housing industry is finally starting to rebalance the market. But good health is still a long way off.
GM CEO Says Bankruptcy 'Probable' (Washington Post)
General Motors chief executive Fritz Henderson said the automaker still intends to restructure its business outside of bankruptcy, but a filing is still "probable" given all the concessions it must achieve with such a short deadline.
G.M. Hopes To Make Deadline But Is Preparing For Bankruptcy (New York Times)
The chief executive said the automaker was developing a restructuring plan while simultaneously readying itself for a potential bankruptcy filing.
Immigrants Can Help Fix The Housing Bubble (Immigration Portal)
The Obama administration should seriously consider granting resident status to foreigners who buy surplus houses in this country. This makes more sense than the president's $275 billion housing bailout plan, which Americans greeted with a Bronx cheer.
GM CEO Says Bankruptcy Probable But Not Preferred (AP Via Yahoo! News)
General Motors Corp. Chief Executive Fritz Henderson said Friday that a bankruptcy filing is "probable" because of the restructuring goals GM must meet to get more government loans, but that isn't the company's preferred option.
High Volume Gets Blame In Theft Case (Arizona Daily Star)
The sheer volume of mortgages generated at the height of the housing bubble made it difficult to quickly discover acts of fraud and theft committed by employees at Title Security Agency of Arizona, the company's president said Thursday.
Housing Market Cooling - Comment On This Story (The Sudbury Star)
The worldwide recession and nickel industry woes have combined to prick the local housing market bubble. According to the Sudbury Real Estate Board, a total of 350 homes changed hands locally through the Multiple Listings System in the first three months of 2009, down from 636 a year ago.[...]
Rolex: The Best Post-Bubble Rolex Watch Values By Melrose Jewelers (Marketwire)
Melrose Jewelers, USA's #1 Online Rolex Retailer, Today Announced the Top 10 Best Values for Rolex Watches, Post the Housing Bubble-Burst
Housing Starts Resume Decline (Zacks.com Via Yahoo! Finance)
We need to get rid of the huge inventory overhang -- which was at a near record 12.2 months in February -- before the housing market can really stabilize.
Chamber Will Hold Housing Summit (The Oak Ridger)
The Oak Ridge Chamber of Commerce is sponsoring a "Summit on Housing" from 8 a.m. to 4:30 p.m. Monday.
Yellen Says No End To Recession In Sight (Nasdaq)
(RTTNews) - San Francisco Federal Reserve Bank President Janet Yellen says the Fed's monetary policy may have played a role in the U.S. credit boom and the resulting housing price bubble. But he added they were by no means the only factor.
Mississippi Foreclosures Buck National Trend (Jackson Free Press)
New foreclosures in the Magnolia State remain relatively low despite other states reporting rates as high as one in every 55 homes.
New Laws Help Reduce Foreclosures (Modesto Bee)
Let's call this positive news about foreclosures: The number of Northern San Joaquin Valley homes repossessed by banks during March was the lowest for any month during the past year.
GM CEO Warns Bankruptcy More Probable (Reuters Via Yahoo! News)
General Motors Corp Chief Executive Fritz Henderson said on Friday the automaker could still restructure out of court, but warned it was more probable GM may need to seek bankruptcy protection to complete that process.
Rob Shapiro: The Housing Crisis And Our National Attitudes Towards Saving (HuffingtonPost)
The Great Depression deeply affected the attitudes of the generation that came of age in the 1920s and 1930s. For example, it made the country...
GM Readies Plans For Bankruptcy It Hopes To Avoid (Reuters Via Yahoo! News)
General Motors Corp Chief Executive Fritz Henderson said on Friday the automaker was readying detailed plans for a bankruptcy filing that now appears more likely even as it races to complete a business plan under federal oversight.
U.S. Foreclosures Up 24 Pct In 1Q (The Newton Kansan)
The number of American households threatened with losing their homes grew 24 percent in the first three months of this year and is poised to rise further as major lenders restart foreclosures after a temporary break, according to data released Thursday.

What is Bankruptcy?

Tim S

What is Bankruptcy?

Bankruptcy can be defined as legally found or declared inability or impairment of ability of an
individual or business entity to pay their creditors. This should be distinguished from insolvency, which
is the condition that arise when a debtor has liabilities that exceed his assets, or when the debtor can no
longer meet his debt obligations when they are due. Insolvent debtor become bankrupt only when there
is a legal finding by the court to that effect.


Word bankruptcy comes from ancient Latin words bancus (bench), and ruptus (break) and dates back
to Italian bankers who when they became insolvent signaled this fact by breaking the bench from which
they transacted business.


In United States Bankruptcy comes under Federal jurisdiction in accordance with to the United States
Constitution Article I, Section 8, which authorizes Congress to enact "uniform Laws on the subject of
Bankruptcies." Congress has implemented this authority by enacting the Bankruptcy Code, found under
Title 11 of the United States Code.


Bankruptcy cases cannot be filed in state courts. They are filed in United States bankruptcy courts, of
which there are one for each of the ninety odd judicial districts in the country.
Aims


Bankruptcy laws are designed with two aims in mind, as pointed out by Supreme court in a 1934
decision. One is to give an honest debtor a "fresh start" in life by relieving the debtor of most debts.
Second is to repay creditors in an orderly manner to the extent that the debtor has property available for
payment. During the time when the bankruptcy proceedings are pending the debtor is protected from
judicial or administrative action initiated by creditors aimed at collection of debt by a legally imposed
'automatic stay'.



When bankruptcy case is started debtors property subject to certain exemptions is transferred to a
'estate' created at the time and administered by a trustee. Exemptions vary depending on the state, and
may or may not include home or car, tools of the trade, and personal effects. This is designed to allow
the debtors to move forward and not be subject to unnecessary and uneconomic punitive actions by
creditors.


Creditors are divided in to secured creditors and unsecured creditors. Secured creditors with property
secured by lien can, after obtaining permission from the bankruptcy court, enforce the lien to recover
the property. Unsecured creditors are further divided in to unsecured priority creditors and general
unsecured creditors. Unsecured priority creditors are classed in to groups as described in the law.
Depending on the case and the assets of the estate priority unsecured creditors are paid either fully or
in proportion. It is usually only if they are paid in full, does general unsecured creditors get any
payment at all.


Bankruptcy court achieves its aim of giving a debtor who honestly disclose all incomes, assets, and
liabilities, a 'fresh start' by giving him a 'bankruptcy discharge'. Once discharged debtor is not
personally liable for certain specified types of debts. Debts from which a debtor cannot be discharged
include child support and alimony, most taxes, most student loans, and fines imposed by government or
courts.

 

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