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Bankruptcy Is Not Always The Way Out


The other day, one of the talking heads on The Today Show gave some brilliant personal finance advice. If you’re unable to pay your bills and thinking about bankruptcy, she said, call a bankruptcy judge and ask for advice.

I howled at that one.

Like those folks sitting on the federal bench have time.

They’ve seen the number of cases being filed soar. The judges – and the clerks and everyone else in the Southern District bankruptcy court - can handle the surge, I’m sure. They went through worse times in 2005, when the bankruptcy law changed and everyone rushed to the courthouse to beat it.

But the debtors today are in true distress.

And bankruptcy isn’t going to help everyone.

Just ask Judge A. Jay Cristol of the Miami court.

Clearly exasperated with the court’s inability, under current law, to alter the terms of a mortgage on someone’s primary residence, Judge Kristol told me, “The banks are rich and stupid and greedy.”

It’s open to debate whether banks that refuse to renegotiate with troubled borrowers are acting in what might be their own best interest. They’d rather drive another home into foreclosure? With the more than a million homes already there?

But many may have their hands tied, as do the judges. They may have agreements with loan servicing firms that they can’t change. They can’t force the servicers to change loan terms.

As long as this situation continues, “There are going to be a lot of empty homes, a lot of losses and a lot of people on the street,” Judge Cristol said.


Categories: Mortgages (30)
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Comments

Now the new thing in Florida is doing Quit Claim Deed to stall foreclosure by another year...amazing!!! then do a BK and stall for another 6 months...


The day housing became a commodity was the day this all started. You can argue until the cows come home on blame and responsibility. It all boils down to using a necessity (shelter) to push stock values. When gold drops in value, people may lose some money, but still have a home. When oil rises in value, people cut back on descretionary driving, but still have a home. When companies manufacture things, their stock can help them manufacture more, and people still have their homes. But when the trading floor is ripe with bundled debt from home loans and nothing to back it except more debt, people lose their homes.


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About the author
You've got the job of managing your money. No one in school taught you how. But you and I, we can teach each other, how to handle it, how to save for retirement, how to make money last, how to educate the kids, how to make a budget work. The conversations I have with my readers are fun. Money's important, but discussing it does not have to be boring.

Harriet Johnson Brackey Harriet Johnson Brackey, the personal finance columnist for the Sun Sentinel, is an award-winning business reporter. Her columns for 2008 were named "The Best in the Business," a national award chosen by her colleagues at the Society of American Business Editors and Writers.

Brackey has worked at Business Week magazine and at USA TODAY, where she was a founder and part of the original staff of the Money section at the country's first national newspaper. After nearly 11 years there - spent covering the 1980s bull market, the insider trading scandals, the 1987 crash - Brackey left Washington, D.C., and came to The Miami Herald. She spent the next decade writing a column about personal finance that chronicled the stock market's Internet boom and bust, as well as the popular Money Makeover features.

Brackey also has done commentaries for Marketplace Money, which airs on National Public Radio and The Nightly Business Report which is broadcast on more than 250 PBS television stations nationwide. She also has been a radio guest on WLRN’s Miami Herald News.
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