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Annapolis MD Bankruptcy Law Blog

Tips to rebuild credit after bankruptcy

Compared to many states, Maryland has faired the economic storm pretty well, but that does not mean Maryland residents haven't endured their own share of economic hardship. The housing market here was hit hard, unemployment rates increased, and other debt relief options, like bankruptcy petitions, were on the rise.

With more bankruptcy filings, people have the need to rebuild credit.

New legislation on the horizon for troubled homeowners

A poor housing market and high foreclosure rates continue to plague homeowners throughout the United States. In Maryland, a couple of lawmakers recently attempted to relieve some of the burden faced by homeowners with troubled mortgages by introducing the Maryland Mortgage Forgiveness Debt Relief Act. If passed, the new law would prohibit the taxation of what lawmakers refer to as "phantom income."

Phantom income refers to the difference between what a homeowner still owes and what he or she receives for the sale of a home in a short sale or following a mortgage restructuring.

Relief for Maryland residents after $26 billion mortgage deal

In a $26 billion settlement -- the largest of its kind since 1998 -- five major mortgage servicers have agreed to provide relief to homeowners who have endured the mortgage crisis that has had many Maryland residents considering bankruptcy. The deal, which was reached in large part through the work of state and federal officials, has been called historic, though many homeowners will likely say it doesn't do enough.

In any case, the five signed-on mortgage servicers -- JP Morgan Chase, Citigroup, Bank of America, Wells Fargo and Ally Financial -- have agreed to provide $17 billion in mortgage relief to about one million homeowners nationwide. Another $3 billion will go to refinancing borrowers to allow for lower interest rate loans. The federal government will receive $1 billion of the settlement, to be used also for relief for homeowners.

Maryland law students file Chapter 7 for student-loan debt

Student debt is just one of the onerous forms of debt that can result in the need for Maryland residents to file for personal bankruptcy. And according to a recent report, law students in particular are facing financial hardship.

One 26-year-old graduate of the University of Maryland School of Law filed for Chapter 7 bankruptcy protection after she could see no immediate prospects for a job. She filed for protection shortly before she graduated.

Maryland high court increases requirements for debt collectors

New rules in Maryland regarding the powers of debt collection companies went into effect earlier this month. The ruling, which was handed down from Maryland's highest court, came in response to the huge number of debt collection cases burdening the District Court. Now debt collection companies or debt buyers will have to have more than a person's name, last known address and Social Security number for the debt collector or buyer to pursue a judgment against the supposed debtor. The new rules, which will apply only to actions started on or before Jan. 20, are significant for consumers who need debt relief.

Residents in the Annapolis area may know that debt buyers are entities whose business it is to buy debts owed to creditors, which are often credit card companies. The debt buyers buy the debt for much less than the amount the debtor supposedly owes, and then the buyer can sell the debt to other buyers. Readers who have received collection letters from numerous companies regarding the same debt know that the debt-buying process can happen multiple times.

Hostess files for second Chapter 11 protection

Business owners in Maryland know that certain costs such as labor, pensions and medical benefits for workers sometimes amount to serious financial burdens that threaten the functioning of a company. In such cases, Chapter 11 bankruptcy can become a necessary protection while debtors make operational and financial adjustments to get business back on track. Recently, Hostess Brands Inc. re-entered Chapter 11 bankruptcy nearly three years after leaving it. The company attributed its economic problems to high legacy costs such as medical and pension benefits, overly strict labor rules and unsustainable debt.

Hostess initially filed for bankruptcy protection back in 2004. The company was able to leave Chapter 11 almost five years later in 2009. But since then, Hostess hasn't been able to keep up with the projections detailed in its restructuring plan. The company reported a net loss of $138 million for the 2010 fiscal year, and in the fiscal year that ended in May 2011, a $341 million net loss was reported.

JPMorgan Chase stepping back from credit card debt collection

Maryland is one of six states in which JPMorgan Chase recently backed off attempts to recover credit card debt. Why? One reason may be that the credit giant might have used fraudulent or otherwise sloppy documents to show that it had the right to collect.

However, the exact reason for JPMorgan's stopping credit claims is unknown, since pursuing the collection of supposed credit card debt is major business for banks. Reportedly, JPMorgan received $1.4 billion last year on defaulted credit card loans. But, throughout the country last year, the company also dropped over 1,000 debt-collection lawsuits.

U.S. Supreme Court to hear appeal over credit bidding

Maryland residents who are considering Chapter 11 bankruptcy will be interested to hear of a U.S. Supreme Court case involving credit bidding. Credit bidding is a process whereby a secured creditor can force a bankrupt company to hold an auction in which the lender can bid its secure debt instead of cash. Recently, the high court agreed to hear an appeal and resolve a split between federal appellate courts. The appeal centers on the question of whether a secured creditor should be able to engage in credit bidding.

In 2011, a U.S. Court of Appeals in Chicago decided that the plain meaning of the U.S. Bankruptcy Code provides that a secured lender can credit bid. However, it appears now that the U.S. Supreme Court will have the final say in the matter. People in Annapolis and the surrounding areas will have to wait until April for the oral arguments to begin. A final decision is expected in late June when the high court concludes its term.

Maryland sensor manufacturer files for Chapter 7 bankruptcy

Recently, a Maryland company that made sensors and other products that are meant to detect miniscule amounts of toxic substances filed for Chapter 7 bankruptcy in a Baltimore court. Reportedly, the company's liabilities amounted to $89.5 million and no assets. The company manufactured such products as paintballs designed to prevent counterfeiting and smuggling; screening wipes and sprays; and products to detect types of pathogens acquired in hospitals.

Other shareholder claims listed in the company's petition include $1.7 million by a company in California; $8.65 million by a company out of New York; and $490,000 by a communications company in Reisterstown. The petition was said to have listed from 200 to 999 creditors, including the company's former CEO, whose share was reported to be $16.5 million.

Many Maryland residents in need of Chapter 7 bankruptcy, debt relief

Residents in Easton and the surrounding areas already know how hard the sluggish economy has hit our state. For example, one Maryland quarry worker who has been laid off is now struggling to pay for his blood-pressure medication. As a result of his unemployment, the man is now un-insured, and his medical bills must now be lumped into a pile of other unpaid bills.

However, this man is not alone. In Hagerstown, for example, the unemployment rate was reportedly 9.4 percent in October. Maryland, overall, had an unemployment rate of 6.8 percent in the same month. What may seem astounding to some people is that Hagerstown unemployment is actually down from 10.1 percent in September.

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