Archive for the ‘Bankruptcy Tips’ Category

United States Economy has Brighter Future in 2012

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If Americans use bankruptcy filings as an indicator of how the economy is faring, then there is a brighter economical future for the United States in 2012. Bankruptcy filings steadily fell across the board in the United States in 2011 and may be effecting its economy. That might be an indicator for bankruptcies and a brighter future in 2012.

2011 National Bankruptcy Statistics

According to the American Bankruptcy Institute, bankruptcies fell 12 percent in 2011 compared to 2010. There were 1.38 million United States filers in 2011, including about 74,000 commercial filings. The rest of the filers were individual consumer filings.

A couple of the more notable states with declining bankruptcies for 2011 include Hawaii and Arizona.

Hawaii 2011 Bankruptcy Statistics

In Hawaii, bankruptcy filings fell for the first time in five years, coming from double digit increases every year since 2007.

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O Max Gardner III’s Top 12 Predictions for 2012

1.     Home Values: Home values will continue to decline during 2012 and I do not expect the bottom of the real estate market to be reached until the 3rd Quarter of 2014. My best guess for any type of sustained recovery in the housing market is no sooner than the 3rd Quarter of 2021.  The number of homes in foreclosure will double or triple from 2011 levels and home values will drop by another 15% to 20% by the end of year.  I do not expect to see any real recovery in the housing market until at least 2022.  A massive number of bank-owned homes (Real Estate Owned or REO property) will be turned into rental properties by the banks and/or mortgage servicers and many more foreclosed on homes will be sold in bulk sales to investors for the same purpose.

2.     New Home Construction:  At its peak at the end of 2005, homebuilding accounted for about 6.2 percent of overall economic activity. Now, it is only about 2.4 percent.  U.S. housing starts in April 2009 hit their lowest level on records dating to January 1959. While multifa

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Is it acceptable to make your Christmas gifts?

If you read our previous blog on How are you funding Christmas? you would have read that the average spend per person this Christmas will be 364. People are looking at ways of cutting down the cost of Christmas with things like Secret Santa, registering gift lists and gift certificates. However there is one other way that can cut your spending by creating and making your own gifts.

If you have a craft is there anything wrong with making your own gifts?

Here are a few ideas:

TEXT-Fitch cuts Corsair (Jersey) series 326 notes to ‘Csf’

Dec 09 Fitch Ratings has downgraded Corsair Limited’s Series 326 creditlinked notes due September 2014 as follows:

JPY4bn notes due September 2014 downgraded to ‘Csf’ from ‘CCsf’; Recovery Estimate 0%

as of 8 December 2011

The transaction is a managed synthetic corporate CDO, referencing a portfolio of primarily investmentgrade corporate obligations.

Eight credit events have occurred in the reference portfolio to date, with the bankruptcy of The PMI Group, Inc. being the most recent in late November 2011.

Fitch believes it is highly likely that the transaction will incur a loss following the default of PMI, based on the cumulative loss caused by the preceding seven credit events and limited remaining credit enhancement. The loss from PMI is expected to materialise once the final price for the defaulted credit has been determined. The Recovery Estimate is unchanged since it was assigned on 18 November 2011 at 0%.

The Black Saturday of Bankruptcy

Today is Black Friday, traditionally the day after Thanksgiving. Retail stores line up across the nation for a day to present super discount sales in order to kick start the commercial aspects of the Christmas Holiday Season. Some stores start their sales at 12:01 am, and shoppers looking for a bargain line up by the hundreds to get the first chance at buying the cheaper product before the store runs out. Plastic literally flies everywhere as shoppers charge their purchases, thus spiking the economy with an elusive monetary shot in the arm, albeit a superficial fix.

Then Black Saturday dawns. Sometime during Saturday you may realize you have overextended yourself the day before by getting caught up in the frenzy of the moment. For most of you, the spending spree on Black Friday may set you back for a few months, but your secure job will eventually overcome the shortfall allowing you to look forward to a fun filled holiday and a bright new year.

For others, you may not be so lucky when you realize you have borrowed too much against your future.

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The UCC and Mortgage Notes

If you’re attending the New York UCC seminar this weekend, your timing couldn’t be better:  Earlier this week the Permanent Editorial Board for the Uniform Commercial Code (PEB) issued its report , Application of the Uniform Commercial Code to Selected Issues Relating to Mortgage Notes.

The report specifically indicates that “It should not be assumed that all mortgage notes are negotiable instruments” and  affirms that the requirements of  section 3-104 must be met in order for a particular mortgage note to be considered a negotiable instrument.

(If you’re not registered for the UCC seminar yet, there is space available:  get more information or register now!)

After reviewing the report, Max is more confident than ever that the transfer and sale of mortgage notes is governed by Article 9.  If you’re not able to attend the seminar this weekend, look for a more in-depth analysis of the report in our upcoming newsletter.

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Don’t let your finances go up in smoke.

The most common phrase we hear when our clients call is I wish I had called you sooner. Some bury their heads in the sand whilst others ignore things completely, hoping the problems will go away. Burying your head in the sand and ignoring your debts can only make matters worse. To keep your finances in order you need to face them head on. Here are some helpful tips:

CORRECTED – Iowa farmers feel ripples of MF Global bankruptcy

Iowan broker promises to cover clients’ MF Global funds

Ken Ries says the action may cost him over $1 million

Clients “disgusted” with lack of funds, information

By Lauren Tara LaCapra

Nov 4 MF Global Holdings Ltd’s bankruptcy has sent shockwaves through a little Iowa town, where a local broker said he felt a moral obligation to guarantee more than $1 million in funds he placed for farmers at the futures brokerage.

Ken Ries, the 62yearold owner of Ries Ag Marketing, has been clearing through MF Global and Refco since opening his commodity brokerage and grain dealer in 1987.

In an interview from his home in the farmland outside of Ryan, Iowa, Ries said he might wind up covering client funds all from farmers in eastern Iowa that have not yet been accounted for. MF Global and its regulators are searching for some $600 million worth of funds that went missing in the chaos of its bankruptcy this week.

MF Global did not immediately return a request for comment. Neither MF Global nor Jon Corzine have been charged with any wrongdoing.

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