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Bankruptcy Reform Act Finally Blows Sky High
Blog - Global Economic Trends ^ | 5/29/08 | Mish Shedlock

Posted on 05/30/2008 1:13:58 PM PDT by nicola_tesla

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To: taxcontrol

I agree. But, the other point is the bank should have verified income before disbursing the check. That was their obligation. As the article said, the banks hoped to pass the entire blame onto the borrower of its lack of due diligence.


41 posted on 05/30/2008 2:54:33 PM PDT by nicola_tesla ("Life is Tough... It's Worse When You're Stupid".... John Wayne)
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To: nicola_tesla
Born with a silver foot in your mouth ?

Hardly, however I have a great appreciation for what I have that has been labor intensive in achieving.

42 posted on 05/30/2008 2:55:08 PM PDT by EGPWS (Trust in God, question everyone else)
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To: raybbr

He’d signed some personal guarantees - many small, new businesses do when starting out, because no one will give credit to an unknown corporation (unless they don’t need the money :) ).


43 posted on 05/30/2008 2:56:48 PM PDT by nicola_tesla ("Life is Tough... It's Worse When You're Stupid".... John Wayne)
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To: Texas_shutterbug; EGPWS

Let’s see - EGPWS will say you just shouldn’t have gotten cancer at all if you couldn’t plan for it.


44 posted on 05/30/2008 2:59:32 PM PDT by nicola_tesla ("Life is Tough... It's Worse When You're Stupid".... John Wayne)
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To: EGPWS
Actually, when you have to worry as much or more about your financial situation than your cancer that's not very conducive to good health.

And insurance companies are a lot bolder about denying claims just seven or eight years down the road.

What would you do if you were a single woman too sick to work, but your treatments were denied because your cobra payments just ran out? I sat with this woman while she completely broke down.

And I'm very happy that you are alive. :) I'm happy to be alive as well, but after paying insurance for almost thirty years, I shouldn't have to feel like a criminal for filing claims. I don't feel "lucky" to have been through that experience.

45 posted on 05/30/2008 3:00:11 PM PDT by Texas_shutterbug
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To: nicola_tesla
But, the other point is the bank should have verified income before disbursing the check. That was their obligation.

Alas liberal political fodder again....

46 posted on 05/30/2008 3:00:42 PM PDT by EGPWS (Trust in God, question everyone else)
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To: RegulatorCountry

Yep. Same thing happened to my friend. What nobody wants to talk about is that it also opens you up to liability if you get sued.


47 posted on 05/30/2008 3:01:41 PM PDT by nicola_tesla ("Life is Tough... It's Worse When You're Stupid".... John Wayne)
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To: Orange1998

That should be “over two decades.” About twenty-six or twenty-seven years. Time flies. :)


48 posted on 05/30/2008 3:02:01 PM PDT by Texas_shutterbug
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To: Texas_shutterbug

I’m sorry to hear all that but I agree, you are not alone in that situation.

Recover and prosper.


49 posted on 05/30/2008 3:03:34 PM PDT by nicola_tesla ("Life is Tough... It's Worse When You're Stupid".... John Wayne)
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To: nicola_tesla
The next bailout of the hapless consumer...at least this one will not be funded with taxes but will be funded by the rate you get on your next loan.

If you have good credit, the rate might be lower since banks will be more cautious. and have to compete more for good customers.

50 posted on 05/30/2008 3:06:22 PM PDT by SeaHawkFan
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To: EGPWS
In '00 I died, was place on a bed of ice to bring my body temp down to 65 degree's, had my heart removed, hooked up to an artificial heart for 8 hours while my heart was repaired and then rejoined to my body and when I SURVIVED, about 6 months later I'm as healthy as can be!

They could make a movie out of it. Are you serious or Science Fiction.

51 posted on 05/30/2008 3:07:08 PM PDT by Orange1998
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To: nicola_tesla

huh?

Who wrote this?

First off, from day one the “class” was a joke. Obviously the author knows nothing about the fact the class is a 30 minute telephone seminar.

Second the author does not know about the lien stipping of unsecured mortgage loans under the old vs the new code.

Third what the heck is the author trying to say? hence the “huh”? Was there a ruling? Has the law been shifted or did one judge make a ruling? Where is the ruling.

The author misses the point of stated loans. Stated income loans were for those who were self emplyed. Under the PREreform rules you had to have a larger deposit to make the stated loan. Usually 15% to 30%. After reform made the ENTIRE LOAN nondischargable, the banks were free to inflate the value of the house 15% to 30% and thus have a full value loan with the borrower having a second mortgage on the unsecured part.

The “delusion” part is the bank thinking they would be covered over time as the home value went up to meet the inflated valuation. (how many banks had “mandatory lists” for appraisers who would play ball, wink wink.)

The author needs a writing class.


52 posted on 05/30/2008 3:07:14 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: nicola_tesla

Thanks! My recovery has gone great. With two beautiful grandchildren I feel like my life is quite rich these days. :)


53 posted on 05/30/2008 3:07:18 PM PDT by Texas_shutterbug
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To: EGPWS

I question whether you have the slightest understanding of contracts. Contract law is not liberal or conservative - it is.

If EITHER party does not perform due diligence, they cannot claim harm later - AS THE JUDGE FOUND.


54 posted on 05/30/2008 3:09:39 PM PDT by nicola_tesla ("Life is Tough... It's Worse When You're Stupid".... John Wayne)
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To: nicola_tesla
Let’s see - EGPWS will say you just shouldn’t have gotten cancer at all if you couldn’t plan for it.

EGPWS says it can happen to anyone including EGPWS and when I met my demise, I was prepared for it.

We all get old and die some day, however silver spoons will always be available and outlive all of us. (like it or not)

PSST, where does that spoon come from?

55 posted on 05/30/2008 3:09:50 PM PDT by EGPWS (Trust in God, question everyone else)
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To: RockinRight

Some Freepers are quick to assume anyone with a bankruptcy, be it Chapter 13, 11, or 7, is a deadbeat. That’s not true at all.

Yes, SOME are. MOST are not.


My experience is that MOST who go through bankruptcy are debt beats. SOME are not but they are few.


56 posted on 05/30/2008 3:11:37 PM PDT by PeterPrinciple ( Seeking the truth here folks.)
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To: nicola_tesla
I question whether you have the slightest understanding of contracts.

So?

57 posted on 05/30/2008 3:12:06 PM PDT by EGPWS (Trust in God, question everyone else)
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To: nicola_tesla

newsflash, self employed people do not always have “verifiable” income because they have small corporations that become their expense vehicle.

A person taking LEGAL deductions can dramatically reduce income to very low levels but live a very comfortable life.

The issue is the use of inflated valuations to allow banks to have virtual 100% loan to value loans.

If you want to “punish” the banks then restore the pre-2005 bankruptcy rules allowing for lien stripping. The secured portion of the loan is reduced to the current value of the house. Since this is court approved with the supervision of the bankrupcy trustee, the valuation games are not so available to the bank.


58 posted on 05/30/2008 3:13:46 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: PeterPrinciple

Define dead beat.


59 posted on 05/30/2008 3:15:33 PM PDT by RockinRight (Supreme Court Justice Fred Thompson. The next best place for Fred.)
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To: nicola_tesla
Which is as it should be. The whole lending mess will be recycled in a few years as the lawyers discover again that a lower percentage of poor people get "awarded" loans in each amount category than rich people and that those poor people tend to be a higher proportion black than the population as a whole. The banks will be again required to make equal loans to blacks and paupers or face debilitating litigation. That is much of the origin of the bubble that just collapsed.
60 posted on 05/30/2008 3:19:05 PM PDT by arthurus
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