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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Sixth Circuit Declines to Allow Trustee to Avoid Mortgage That Was Erroneously Discharged – In re Emerson

Our Claremont personal bankruptcy lawyers were interested to see an appeals court decision that attempted to take advantage of a bank’s own mistakes. In In re Emerson, the Bankruptcy Appellate Panel of the Sixth U.S. Circuit Court of Appeals declined to allow the trustee for Kimberly C. Emerson’s bankruptcy to avoid her mortgage. Citimortgage Inc., which held Emerson’s mortgage, had properly filed a certificate of discharge with her county, then realized it was a mistake and filed a document rescinding the discharge. When Emerson later filed for Chapter 7 bankruptcy, the trustee filed an adversary proceeding seeking to avoid the mortgage on the grounds that it was improperly re-perfected. The bankruptcy court and the BAP both ruled for Citimortgage.

Emerson granted a mortgage to a predecessor in interest in 2007, and Citimortgage acquired it the next month. In late 2007, Citimortgage filed the certificate of discharge even though Emerson had not paid off the mortgage; it realized its mistake in February of 2008 and filed the rescission.

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Fight Back When Stores Try to Trick You

The following is a guest post from Amy Young

Have you ever gone into a store knowing exactly what you wanted, and then you suddenly get to the checkout counter with way more than you thought you needed? This happens to consumers all the time because stores use specific techniques to get you to pick up more than you need. One technique may not be very noticeable, and it probably wouldn’t affect you at all by itself. However, a combination of techniques could be very influential, and should be avoided if you want to save money.

Tricks of the Trade

It can be easy to fall into the traps stores set to make you spend more, but if you know what to look for, it will be easier for you to fight back.

  • Popular Departments – The most desirable departments in a store are usually located as far away from the entrance as possible. May

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Real Mex Restaurants Files for Bankruptcy in Delaware, Hoping to Sell Assets Under a Section 363 Sale

Introduction

On October 4, 2011, Real Mex Restaurants, Inc. (“Real Mex”) filed chapter 11 petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware.  In addition to Real Max, several of the company’s subsidiaries also filed for bankruptcy protection.  These subsidiaries include Acapulco Restaurants, Inc., Chevys Restaurants, LLC, El Torito Restaurants, Inc., and El Paso Cantina, Inc. (collectively with Real Mex, the “Debtors”).  This post will provide a brief summary of Real Mex’s business operations, factors that lead to the company’s bankruptcy filing, as well as the company’s objectives now that it is in bankruptcy.  As I often do, much of the information provided in this post comes from the Declaration of Debtors’ CFO in Support of First Day Motions (the “Declaration” or “Decl.”).

Background

Real Mex describes itself as the “largest full service Mexican casual dining restaurant chain operator in the United States in terms of number of restaurants.”  Decl. at *

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More Opportunities for Student Loan Collectors at ED Meeting

The U.S. Department of Education held a very important meeting Wednesday for its debt collection vendors (and potential vendors). The long, and at some points unnecessarily acronym-laden, meeting included some very important information for any collection agency looking for ED dollars. Patrick Lunsford and Mike Bevel took the bullet for readers and report thusly:

The 8.30 a.m. ED PCA (Private Collection Agency) Meeting began at 9.00 a.m. with a roomful of people introducing themselves. Ill give you $15, I told Patrick Lunsford, if you belt out Christopher Crosss Sailing when they hand you the microphone.

He declined.

(And can we talk for, like, two minutes about that video? Because I dont know about you, but I keep a running list of people I would never expect to see in a football jersey in the back of my mind, next to my list of favorite Murder, She Wrote special guest stars and the fact that Rainn Wilson was in an episode of Charmed in a very unflattering caftan-like satin shirt because someone apparently carries low, and I had no idea that I would need to make room for Christopher Cross on that never expected to see him in a football jersey list until moments ago.)

We were gathered in an auditorium of the Department of Education building in downtown D.C.

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Has filing for bankruptcy any benefits?

bankruptcyNo reasonable person would never consider bankruptcy just for no reason. Bankruptcy is not a walk in the park and we can certainly put an emotional charge about you and your family. Bankruptcy is not just a motion that anyone can jump on you without having some way. Filing bankruptcy may make you feel like you’re lost and you can not help but wonder if everyone is laughing at you because you just declare bankruptcy. Although nobody wants to be bankrupt, there are certainly advantages and disadvantages of bankruptcy. The advantage that people filing bankruptcy is that they will eliminate the debt that have been raging for weeks and months. Each party comes with a disadvantage. While bankruptcy can give you financial relief, it can also damage your credit history for the next 10 years.

Filing for bankruptcy can give you some useful benefits. Read full post…

Personal Bankruptcy Filings See Slight Dip

While personal bankruptcy filings topped a record number of 1.5 million last year, experts predicted that this number would start to drop in 2011. Their prediction proved correct.

The number of bankruptcies this September dropped by 17 percent compared to the same month last year, according to a report in the Wall Street Journal.

Of course, while this is a significant drop, it still means Americans are on pace to file well over one million bankruptcies this year.

Consumers, it seems, are starting to reign in their credit use after a tsunami of debt threatened to wreck the American economy during the past few years.

Compiled during research performed by the American Bankruptcy Institute and the National Bankruptcy Research Center, the following statistics tell more about recent bankruptcy filings:

  • September dip. This September, Americans filed 17 percent fewer bankruptcy filings than they did during September of 2010. Bankruptcy filings also fell 4 percent from the total number of filings in August of this year.
  • Thousands of filings.

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Tips on Retirement Planning

If you want to enjoy a superb retirement, you need to have a good retirement plan and solid investment portfolio to back it up. With so many investment instruments now available on the market, it is not difficult at all to develop a strong retirement plan even when you are just 5 years (or less) away from your retirement. When done correctly, you can grow your assets and capital with the help of a financial consultant, allowing you to enjoy your dream retirement without hassle. Before you get started, here are a few general retirement planning tips to keep in mind.

Instead of focusing on luxury items and other aspects of the retirement, you need to first make sure that the basic needs are covered even when you are well within your retirement period. Work out your regular monthly expenses, calculate the annual income you need to maintain your current lifestyle, and adjust your retirement plan accordingly. With the basics covered, you will find planning for other parts of the retirement very easy to do.

Different accounts including the 401k, IRA, and ROTH can be used as sources of retirement funds. Read full post…