Posts Tagged bankruptcy

Debt Ceiling Disaster – Crazy or Criminal?

By Michael Collins
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(Washington, DC 1/9/13) Let’s say that on a Monday, you sit down and take a hard  look at your finances.  Your bills exceed your income, assets are just a feint memory, and there is no relief in sight.  Reluctantly, you decide that your only choice is to declare bankruptcy.  On Tuesday you say, I think I’ll do some  shopping before it’s all over.  You proceed to charge $2,000 on  your VISA card for some jewelry and other non essentials.  On Wednesday, you get a lawyer and file for bankruptcy.

Guess what? You still owe the $2,000 since the court will conclude that you made the purchases  fraudulently. You knew you were filing for bankruptcy and made the charges anyway. Even worse, the court may refuse to grant the bankruptcy filing all together as a result of the obvious fraud.

That is exactly what the Republicans in the House of Representatives are doing with their open announcement that they will vote against raising the debt ceiling without their solution to government spending. Since that announcement, has one single deficit hawk stood up and said, We must stop all spending as of this moment since we are proposing to default on those expenditures?

They haven’t said any such thing and they won’t. That would mean an end of all Federal spending in their districts and states. They are more than happy to incur expenditures that they have no intention of paying anywhere close to on time.

Why is the refusal to raise the debt ceiling such a threat to the good faith and credit of the United States of America? Simple. The majority party in the House is engaged in flat out fraud. That party is spending money as it promises to default on the very amounts spent.

It is fraud, pure and simple.  The behavior of key leaders attacks the credit worthiness of the country.

You may say, Look, it’s only a temporary default. The loss of confidence still attaches to the action. In fact, the fraud of purchasing after declaring an intention to default is compounded by the grotesque insincerity of the threat. It’s enough to make your head spin.

The Republicans in the House of Representatives are involved in a very real, common conspiracy to commit fraud based on their statements and actions. In addition, they’re lying to the public since a real declaration default is not just extremely improbable, it is impossible. Sovereign states have the ability to issue currency.  That unique ability and asset can’t be denied due to a legislative tantrum.  Just like individuals and businesses, sovereign states have the very real option to develop a viable plan to work out of a financial crisis

The ever present double standard emerges. It is not OK for us to defraud creditors when we declare bankruptcy but the House can acquire goods and make promises to pay after openly declaring their intention to not pay. Nothing will happen to these politicians as a result of this conspicuous contempt for the law. If it looks like it might, they’ll just pass a law to make their crimes legal.

Every day, we suffer the undeserved indignity of being ruled by fools and fraudsters.

END

This article may be reposted with attribution of authorship and a link to this article.

The Money Party

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Bankruptcy Hell – The Sequel to ForeclosureGate

Michael Collins

You’re headed for bankruptcy court tomorrow.  It’s been a long and difficult road.  You and your husband both worked.  You made decent money.  Then your husband became ill.  There was no sick leave because he worked for himself.  His disability insurance had a six-month delay and only covered half of the lost income.  That was all you could afford.  (Image Wikimedia Commons)

His condition was critical and required medication three times a day at a monthly cost of $2500.  Your company plan covered your husband but it didn’t cover the medication because the insurance company termed it experimental.  It was the sole option for the crippling illness according to the three specialists consulted.

Your husband contributed 40% of the family income.  The loss was a big hit but you persevered.  You couldn’t sell the house, even if you wanted to.  It was $150,000 upside down.  There was no federal or bank program to relieve that burden.  After four months of cashing in a modest 401(k), it became obvious that you couldn’t make it.  You needed relief and time for your husband to get well.

You consulted your accountant.  On his advice, you decided to file for bankruptcy.
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Beyond ForeclosureGate – It Gets Uglier

Michael Collins

The ForeclosureGate scandal poses a threat to Wall Street, the big banks, and the political establishment.  If the public ever gets a complete picture of the personal, financial, and legal assault on citizens at their most vulnerable, the outrage will be endless.  (Image)

Foreclosure practices lift the veil on a broader set of interlocking efforts to exploit those hardest hit by the endless economic hard times, citizens who become financially desperate due medical conditions.  A 2007 study found that medical expenses or income losses related to medical crises among bankruptcy filers or family members triggered 62% of bankruptcies.  There is no underground conspiracy.  The facts are in plain sight.

ForeclosureGate represents the sum total illegal and unethical lending and collections activities during the real estate bubble.  It continues today.  Law professor and law school dean Christopher L. Peterson describes the contractual language for the sixty million contracts between borrowers and lenders as fictional since the boilerplate language names a universal surrogate as creditor (Mortgage Electronic Registration System), not the actual creditor.  Other aspects of ForeclosureGate harmed homeowners but the contractual problems that the lenders created on their own pose the greatest threats.

When the Massachusetts Supreme Court upheld a lower court ruling that the actual creditor must named in the mortgage agreement (a legal requirement that the banks forgot to meet in their contracts), there was consternation on Wall Street.  What would happen if a class action lawsuit challenged these flawed mortgages?  Isn’t the Massachusetts decision the latest of many attacking the legal basis of the shoddy business practices and boilerplate industry contracts?  What if homeowners started walking away from their underwater mortgages based on the legally flawed contracts? If there were a viable prospect of a class action suit against financial institutions threatening to invalidate these contracts, wouldn’t that crash the stock values of the big banks and some Wall Street firms?
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Deadbeats Bush and Gingrich Say “States Better Off Bankrupt”

Michael Collins

Not if a state owes you money!

Jeb Bush and Newt Gingrich just published an OpEd in the Los Angeles Times arguing that states would be wise to consider filing bankruptcy to relieve their financial troubles.  They cite three states, California, Illinois and New York, while failing to mention the angry elephant in the living room with similar problems, Texas.

Texas faces a $25 billion shortfall for a $95 billion two-year budget.  That equals California’s 18-month deficit inherited by the recently inaugurated Governor Jerry Brown.

“So why haven’t we heard more about Texas, one of the most important economy’s in America? Well, it’s because it doesn’t fit the script. It’s a pro-business, lean-spending, no-union state. You can’t fit it into a nice storyline, so it’s ignored,” said Business Insider

Texas is a major inconvenience to Bush and Gingrich. They lay the financial problems at the door of unions and state employee pensions:

“The lucrative pay and benefits packages [read pensions] that government employee unions have received from obliging politicians over the years are perhaps the most significant hurdles for many states trying to restore fiscal health.”  Jeb Bush, Newt Gingrich, January 27

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