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DuPage County Bankruptcy Attorney

Troubled economy leads to auctions of high-priced homes

In the current troubled economy, it is not just average-priced homes subject to foreclosure that are going on the auction block. On the contrary: an increasing number of auctions are being used as a method of attempting to sell off high-priced mansions and the homes of millionaires, popular musicians, and movie stars. Without the auction technique, many such properties may languish unsold on the market for a long period of time.

According to the Wall Street Journal, one seven-bathroom, seven-bedroom mansion in a wealthy suburb of Los Angeles went to auction in mid-November, with a starting bid of $4.5 million, despite a previous asking price of $10.8 million. It ultimately sold for $5.9 million. Once an unusual occurrence, such auctions are becoming commonplace and are used to unload large country estates, luxurious homes on the waterfront and penthouse units.

Charter-airline company files for bankruptcy

Just as consumers do, sometimes companies need to file for bankruptcy. Victory Jet LLC, for example, has filed for chapter 7 bankruptcy protection due to liabilities of $3.74 million and assets of just $7,822 in personal property.

The Greensboro charter-airline company was founded in February and based at Piedmont Triad International Airport, boasting about seven former Pace Airlines Inc. officials on its team of managers. That company had collapsed in 2009.

Is there a new definition of 'poor'?

Just what exactly is "poor"? And "rich," for that matter? The lines can seem fuzzy these days, especially since the recession put more families out of homes and on food stamps. Some people lost their jobs, started missing mortgage payments and simply couldn't make ends meet.

More than that, though: People are hungry. According to CBS News, nearly 15 percent of Americans are receiving food stamps, a huge jump from 2007. And now about 49 million Americans, or one in six people, are having trouble getting food on the table. Clearly, lack of income and heavy debt are contributing to the problem.

Complaints About Debt Collectors On The Rise

As the economy continues to struggle, more people are facing the prospect of defaulting on debt. It may be a mortgage, a credit card, a car loan, or medical bills, but in general, people are increasingly forced to choose between paying creditors and paying for life essentials. Since 2008, the FTC has seen the number of complaints filed about debt collectors skyrocket. In two years, the number of yearly filings jumped by almost 36,000. 

The FTC has also stepped up its enforcement actions accordingly. This doesn't mean that thousands of lawsuits were filed -- but it does mean that the FTC has almost doubled its case load in the last three years. In the last three years it has filed ten suits against debt collection companies, as compared to six cases in the previous three years. 

Obviously, there is a lot of room for private lawsuits against debt collectors that are behaving badly. Statutes including the Fair Debt Collection Practices Act and the Illinois Consumer Fraud Act provide private causes of action for individuals that have been harmed by the practices of unscrupulous debt collectors. Additionally, individuals in a bankruptcy can attack debt collectors in the federal bankruptcy court when creditors violate the automatic stay or the bankruptcy discharge. Many debt collectors assume that so long as they collect on a few debts, it doesn't matter how they go about collecting and from whom. 

If you believe that you have been harassed by a debt collector, you may want to consult with a local attorney who is experienced in consumer defense and bankruptcy issues. Sadly, the only way to make debt collectors stop is to either pay them or sue them. 

Even though the number of bankruptcy filings are on the rise, debt collectors have not adapted to the new financial landscape. Instead of obeying the law, many will continue to attempt to collect debts during the automatic stay and after the discharge. Many people do not know their rights, or do not have a bankruptcy lawyer who handles adversarial proceedings. 

How to avoid debt during the holiday season

For people who are already struggling with their finances, the holiday season can be incredibly stressful. In addition to family tensions, overspending can be a big cause of anxiety. Some feel obligated to buy items that are out of their price range, while others simply have a hard time passing up holiday sales.

One study indicates that 44 percent of Americans will be out shopping in stores on Black Friday. That's not exactly a recipe for tackling debt relief. Rather than skipping it entirely, there are ways to avoid going further into debt this time of year. KGWN's website offers a few tips.

Clearing foreclosures could take decades, experts say

According to new research, the 2.1 million homes with delinquent mortgages or foreclosure status will take more than eight years to clear due to the slow pace of foreclosure sales. Currently, there are about 1.9 million houses with payments 90 days overdue or in foreclosure.

The market is not expected to recover quickly either, with backlogs pointing to the fact that the collapse in the real estate market affects housing prices and will do so for many years. For some states, it could take decades, according to data from LPS Applied Analytics. In New Jersey and New York, new rules from the courts mean it could take more than 50 years for lenders to get through homes in the backlog.

Mortgage delinquencies up in third quarter

In what could be an ominous sign for the economy, the rate of homeowners at least 60 days behind on their mortgage payments increased in the third quarter, the first time that's happened since the end of 2009.

That's a bit of a surprise to experts, who note that debt relief for some and a fall in unemployment would normally indicate the opposite scenario. But there are probably many factors at play.

One state makes illegal foreclosures a felony

It's no secret that homeowners are tired of illegal tactics relating to foreclosure, including robo-signing. A new law in Nevada is aiming to change that, and those in support of it are hopeful that it can be an example for other states in the future.

Nevada has become the first state in the nation to make illegal foreclosure a felony offense. The law was created after tens of thousands homeowner complaints were given to lawmakers. They all said their homes were being foreclosed upon without ownership proof.

Hamiltons file for chapter 13 bankruptcy - again

In previous posts, we've reported former Del. Phil Hamilton's bankruptcy issues. He and his wife initially filed for chapter 13 bankruptcy in February. However, it was dismissed in August because they apparently did not submit a revised plan to repay their creditors.

Chapter 13 bankruptcy typically allows for a three to five-year repayment plan so debtors can keep most of their property, including their real estate.

Bankruptcy Filing Fees Increased November 1, 2011

As of November 1, 2011, the cost of filing a bankruptcy increased by $7. You can find the new fees for the U.S. Bankruptcy Court for the Northern District of Illinois here. A Chapter 7 bankruptcy now costs $306 to file and a Chapter 13 now costs $281 to file. 

The cost of filing other documents has increased as well. The cost of amending Schedules D, E, F, G, or H has increased by $4 from $26 to $30. 

The fee increases have also affected creditors, who must now pay an extra $26 to file a motion for relief from the automatic stay. While this won't prevent most motions from relief from the automatic stay from being filed, it doesn't appear that the fee increases were aimed at one specific group. Fee increases are just part of life in the court system. 

At the same time, it is good to be aware of these fee increases, in particular if your bankruptcy attorney has not yet filed your case. 

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