Posts Tagged ‘Yep. We’re in trouble.’

State of the Union Decompression: The Whole Mortgage Modification Thing

After taking many months learning and understanding HAMP and how it works (and in many cases doesn’t), and after sitting through (and tweeting through) the President’s State of the Union Speech, I am admittedly still mulling it all over.  Some tout the speech as the longest in President Obama’s career.  Others are debating the propriety of the Nation’s Chief Executive chastising the Supreme Court in the House Chamber.  Yet despite its length, its controversies and its platitudes, the word “foreclosure” was not used once.  And that should be incredibly disheartening for any homeowner concerned about losing their home.  As an insolvency professional who works with homeowners in financial crisis, it was for me. (more…)

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The State of Our Union

Tonight, like many Americans, I’m going to be watching the State of the Union speech.  While I have many concerns as a citizen, as a bankruptcy and insolvency professional my concerns continue to be on the economy, and the government’s efforts in moving the country through the current economic mess it is in.

I’m not sensing any real effort from the White House, Capital Hill or even Beacon Hill in giving any meaningful solutions to distressed homeowners.  Perhaps better said, all I am hearing is double-speak and mish-mash emanating from our elected officials who talk about programs like HAMP, while at the same time, skirt around the statistics that suggest that the program is an abysmal failure.  Remember, Obama says HAMP is for “responsible homeowners” but we don’t really know how the term “responsible homeowner” is actually defined.  And in no uncertain terms, what I am hearing from my clients, and what I am hearing from my colleagues all fuels my sense that things are not getting better, and Washington appears impotent to do anything about it.

Since tonight is the State of the Union speech, I’m going to hold off – for now – from telling my readers what my view of where things are and where I think things may be going.  I do have some idea of what I think we need to do to make things better.  And in the coming days, I’ll be sharing what I and McLeod Law Offices is going to do for our clients…and why.  But first, tonight I will listen to what our President has to say.

And I’ll also be tweeting – so be sure and follow me on Twitter.

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Facing Bankruptcy with Nagging Regret

I recently met with a bankruptcy client who had a lot of credit card debt, almost no equity in their home, and were unable to meet their obligations.

After getting some information, and assessing their situation, I learned that they had lived in their home for almost 25 years, but in the last 12 years had refinanced their home 3 times.  The client told me that in no uncertain terms he would not be contemplating bankruptcy if he was able to refinance their home to pay the credit card debt.

Clearly, that wasn’t going to happen.

But then I started thinking, how does someone who has lived in a home for 25 years in the same home have almost no equity to show for it?

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Relearning How To Buy Stuff

When I meet with a debtor who has expressed a desire to file bankruptcy, once of the first things I start discussing is their use of credit.  Many times, their use of credit also turns to their relationship with credit.  If you’re going to file bankruptcy, you need to stop using credit cards.  That seems like a bit of a no-brainer.  But recently, I had a conversation that went something like this:

“You cannot use credit cards any more,” I told my client.  “You need to start operating on a cash basis.”

I saw my client thinking about this, and then after a momentary pause, I heard this reply:

“But how will I buy food?”

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Honesty and Bankruptcy, Part III: The Reality Check and the Boy Scout

In the last two entries, I shared my observations of honesty and dishonesty in the bankruptcy process.  It has been an issue that has been crawling under my skin for many months now.  And in this last installment of Honesty and Bankruptcy, I explain why that is.

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Honesty and Bankruptcy, Part II: Feeling Dishonest

It seems that many people are hypersensitive over H1N1.  I was at the market yesterday and an older man sneezed, and by the looks on the faces of those standing around him, you’d have thought someone nearby was pointing and shrieking that he was a leper.  Just because someone is sneezing or coughing doesn’t mean they have the swine flu.  Just because someone is in bankruptcy or needs bankruptcy protection doesn’t mean they are dishonest.  And just because someone feels like they did something dishonest does not mean that they don’t deserve bankruptcy protection.  In other words, feeling dishonest is not the same as being dishonest.

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Honesty and Bankruptcy, Part I: Day of the Living Dishonest

When rapper Chris Brown beat up his then girlfriend Rhianna, there was an odd reaction from much of Hollywood.  As Adam Carolla and Dr. Drew were recently discussing on Carolla’s podcast, Hollywood’s reaction – especially at red carpet events – seemed less than honest and at times downright pathetic.  Some were praising Brown for being a “good person” who was going through a difficult time.  But only a few stood forward and publicly denounced Chris Brown as a pathetic loser who viciously assaulted his girlfriend… something no one can legitimately justify.  The podcast echoed in my mind this week when I was faced with a debtor who was – to put it mildly – outrageously dishonest.  So much so that I was forced to look this person in the eye and say “you know, you’re not coming across as an honest but unfortunate person entitled to bankruptcy protection.”  I thought I was being polite.  Their response left me thinking even more.

I cannot share the details.  Instead, let me share this clever allegory that I believe aptly illustrates exactly how things went in my meeting with this debtor.

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The Sunday News

A fellow bankruptcy attorney shared this article that appeared in last month’s New York Times Magazine.  I see in it some of the same difficulties I see in clients.  It also makes me question how “half-empty” the glass really is.  Although in the interest of full disclosure, the writer has a book coming out.  In other news…

ONE FLAG! Six Flags Amusement Parks files for Chapter 11 protection.

Nashua NH Telegraph:  Welcome to the New Consumer Economy.

Boston Herald:  Consumer spending may never be the same as it was.

South Coast: Home values could take years to recover.  We also could be hitting bottom (I’m not being sarcastic, it says the market “could be a reading a valley”).  I could also be a ledge (ok, that was sarcastic).

Nantucket foreclosures.  I wonder if these homeowners claim their loan was predatory?  I also have to question whether it was.

A bad apple is removed from the barrel: Brockton lawyer settles fraud suit with the Massachusetts Attorney General’s office.

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My Thoughts on the Half Glass

There seems to be a trend to see our country’s economic problems through the lens of a glass containing several ounces of a beverage that is approximately 50% of what the container will hold.  Some will look and say the glass is half empty.  Those folks are perceived as pessimists.  Others, including our President, view the glass as half full.  That view is considered more optimistic.  I have a very different take on all of it.

Let’s assume that the beverage is water.  The conventional wisdom (which apparently is now being debated) is that you need 8 glasses of water each day.  Thus, if I am looking at half of a glass of water, I’m not thinking “by golly, it’s half full!”  Instead, I’m thinking “where the heck are the other 7 ½ glasses?”  Surely, I can enjoy that half-full glass.  But sooner or later, I’ll be thirsty again and if I do not find more water, I could slip into dehydration and then things could just get uglier from there.

Recently, a prospective client called me to discuss their business problems.  Over the last several years, the client had made major investments into what he miscalculated as a growing business.  Additional locations were added, staff was increased, and overhead costs exploded.  The problem was that the revenue of the business depended exclusively on consumers who have disposable income and have a budget that provides for recreational spending.  Needless to say, business was not going according to the original plan.

He told me his goal was reorganizing the business.  After exploring a few options with him on the phone and learning more details about his situation, I asked if  - as a part of his reorganization – he had considered pairing down his business to a more manageable or fiscally feasible model.  He didn’t like that idea.  I reminded him that it was important to consider a ‘Plan B.’

Before we ended our conversation he was kind enough to share with me this gem: “You know, I think need to work with someone who like me, sees the glass as half-full.”

Really?

I appreciate the need for remaining positive.  Being positive is what helps us all get out of bed in the morning.  However, I also appreciate the need for being realistic.

Imagine your waiter bringing over a lovely cheese soufflé and then asking him, ‘is this fattening?’  If the waiter wants you to feel good and still eat the dish you ordered, he’ll say something like ‘of course not’, or perhaps something wry such as ‘only if you eat it on Sunday, and since today is Wednesday, you’re ok.’  It would make you feel better about eating it, but it you cannot really say it was being particularly realistic…unless you really believed that eating certain foods on certain days of the week somehow affects their caloric value and fat content, which is far, far beyond what I am capable of commenting on.

On the other hand, if your waiter respects that your need for information is fueled by a desire to make an informed decision (and hopefully the best one), the answer you get will be honest. After all, do you call a bankruptcy attorney because you want an straightforward assessment of the issues facing your life and what you can do about them? Or are you looking for someone else that will look at that half-glass of water and tell you what you want to hear?

Perhaps this is a better question: are you  better off believing that things are better than they really are?  Or are you better off with honest answers to tough questions so you can make the best and sound decisions for you and your family?  The bottom line, it really doesn’t matter whether the glass is half-full or half-empty.  What matters is what’s in the glass, and whether you can, should, or want to drink it.

And that decision, as difficult as it may be, is entirely yours to make.  But you cannot make it without the right information.

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The Recession is Not Over, Take 2

My good friend and my bookkeeper has told me that she has seen the economy declining for a number of years, based on what she has seen with her clients and their vendors.  “In fact,” she once told me “I can tell how bad it is really getting by how easy it is to find a parking space on Newbury Street.”

According to a report in today’s Boston Globe, the Pottery Barn is closing its Newbury Street store.

“It’s surprising to see some one like Pottery Barn go. But there’s been so many stores leaving,” said Debbie Greenberg, owner of upscale boutique Louis Boston, which is planning to vacate its landmark Newbury Street space by next spring for another neighborhood. “The rents went up so high, and then only the stores that could afford it came, making it look like the same street in Chicago and Dallas. It’s not original anymore.”

Looks like finding a parking space on Newbury Street just got a little easier.  And after Louis Boston moves, it perhaps will get even moreso.

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