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The mystery isn’t why so many people file for bankruptcy each year. It’s why more people don’t.Each year, only a fraction of the Americans who could benefit financially from bankruptcy actually seek relief. Economists say some don’t file because collectors aren’t aggressively pursuing them, while others may strategically delay filing because bankruptcy could benefit them more down the road.Many bankruptcy attorneys have a much simpler explanation: Fear, a lack of information and misplaced optimism keep people from getting a fresh start.A temporary pauseAbout 14% of U.S. households — or roughly 17 million — owe more than they own, according to Federal Reserve Bank of New York estimates. Many of these households could benefit from having their debts wiped out, but fewer than 1% of U.S. households actually file for bankruptcy each year. Last year, there were 752,160 personal bankruptcy filings. Researchers refer to this gap as “missing bankruptcies” — the filings that could be happening, but aren’t.Now, there’s an additional set of missing bankruptcies: the cases people normally would have filed in recent months, but haven’t. Bankruptcy filings dropped dramatically in the second quarter of this year, to about 60% of the average for the previous five years.Courthouses were shuttered by pandemic closures, which made it harder for creditors to pursue foreclosures and wage garnishments. Those are two big drivers of consumer bankruptcy filings, says David Cox, a bankruptcy attorney in Lynchburg, Virginia, and co-author of “Consumer Bankruptcy: Fundamentals of Chapter 7 and Chapter 13 of the U.S. Bankruptcy Code.”Borrowers have benefited from various forms of coronavirus relief, such as suspended payments on federal student loans, mortgage forbearance and expanded hardship options for loans and credit card accounts. The 0 weekly bump in unemployment checks, which expired in July, also kept many people afloat, Cox says.Lower jobless benefits, along with the reopening of courts and continued high unemployment, mean the lull in bankruptcy filings is likely temporary, says Jenny Doling, a bankruptcy attorney in Palm Desert, California, who serves on the American Bankruptcy Institute’s Chapter 13 Advisory Committee.She worries that people will wait too long to file. Too often, people drain retirement funds or other assets that would be protected in bankruptcy to pay debts that will ultimately be erased, she says. Putting off bankruptcy also can make it harder to come up with the ,500 needed to file a typical case.You won’t lose everythingCox says many of his clients delay filing because they fear they will lose cars, homes and other property. They are pleasantly surprised that they aren’t stripped of everything they own, he says.“There’s a misunderstanding about how bankruptcy works and what it would take from you,” Cox says.The vast majority of people who file the most common type of bankruptcy, Chapter 7, don’t have to give up any of their possessions. The types and amount of property you can keep vary by state, but typically include clothing, professional tools, wedding rings and at least some equity in your home. A few thousand dollars of equity in a car is usually protected as well. If you have assets that wouldn’t be protected in Chapter 7, you could file for a Chapter 13 repayment plan instead.You can get credit againA bankruptcy filing remains on your credit reports for up to 10 years. But credit scores can start to recover soon after you file. It’s possible to get a VA or FHA mortgage two years after a bankruptcy. Most loans require you to wait at least four years.People can start to rebuild credit a few months after their bankruptcy case is discharged by getting secured credit cards, which require a deposit, or credit-builder loans, available from some credit unions, community banks and online.The problem with anxiety — or unrealistic optimismDebt often leads to anxiety and depression that makes taking action difficult, Cox says. Many of his clients arrive at their first meeting with grocery sacks full of unopened bills.But misplaced optimism can also be a problem. The same hopefulness that causes people to take on too much debt also can lead them to put off the reckoning, he says.“You always think, ‘Our income’s going to increase, things will be better going forward,’” Cox says.Anyone struggling with debt now should consider consulting a bankruptcy attorney, Doling says. The first visit is often free, and referrals are available from the National Association of Consumer Bankruptcy Attorneys. Consulting with an attorney doesn’t obligate you to file, but it could help you avoid expensive mistakes if you later decide that’s your best option.“The people who do much better in bankruptcy are the ones who came in and got advice early on,” Doling says.This article was written by NerdWallet and was originally published by the Associated Press.More From NerdWalletSmart Money Podcast: Used Cars in Short Supply, and Shea Couleé Talks About MoneyHow Frugal Fashionistas Can Stay on TrendAre Medicare Advantage Plans Worth the Risk?Liz Weston is a writer at NerdWallet. Email: lweston@nerdwallet.com. Twitter: @lizweston. 5211
The list of recalled hand sanitizers is growing. The Food and Drug Administration (FDA) has named dozens that contain methanol, which can cause blindness or hospitalizations if absorbed through skin.A consumer watchdog tells us these products are not FDA approved. That's because in March, the agency allowed companies that never made hand sanitizer to make it in order to meet demand. They just had to agree to follow the rules.“So, guess what happened? Some of them didn't follow the rules, either intentionally or unintentionally, and so then, they started getting reports from the poison control centers of people getting sick from methanol in hand sanitizer instead of ethanol,” said Teresa Murray with U.S. PIRG.Murray says many of the recalled products have been made in Mexico. But as part of the temporary guidelines, companies don't have to disclose where the sanitizers were manufactured. So, it's hard for consumers to tell which products might be dangerous.Murray says if you can't tell where the product was made, don't buy it and don't use it if it's already in your home. To be safe, stick with brand names you recognize for now.Murray has found most stores and online retailers have pulled products on the FDA list, but you should still be careful depending on where you shop.“I would caution anyone from buying anything that's on an end-cap clearance aisle, or anything that's from a super discount store,” said Murray. “There may be a reason why one of the mainstream retailers is no longer selling it.”Murray says it's always important to keep hand sanitizers out of reach for kids and pets, but now, even more so.If ingested, methanol can cause even more health problems.Click here to learn more from the FDA. 1738

The New York State Department of Taxation and Finance has issued a subpoena to Michael Cohen as part of its ongoing probe into whether the Trump Foundation violated New York tax laws, a department spokesman confirmed to CNN.This probe is separate from the New York attorney general's lawsuit against the Trump Foundation. The Tax Department is not able to bring any criminal charges, and if it finds any wrongdoing, the department would have to refer it to the New York attorney general's office or another prosecutor's office."A subpoena has been issued to Michael Cohen for relevant information in light of the public disclosures made yesterday," said Tax Department spokesperson John Gazzale in a statement. "We will be working with the New York Attorney General and the Manhattan district attorney as appropriate. We can't comment further on this investigation." 874
The Lancaster County District Attorney’s Office announced Friday that a suspect has been arrested and charged in connection to the disappearance of an 18-year-old Amish woman in Pennsylvania.Justo Smoker was arrested on Friday by East Lampeter Township and charged with felony kidnapping and misdemeanor false imprisonment, the DA's office said in a press release. 372
The Minnesota Police and Peace Officers Association broke its silence on Tuesday, saying it wants to set the record straight amid calls to disband the city’s police department.In a lengthy statement with comments from a number of members of Minneapolis’ police department, officers placed blame on the unrest on local politicians.“Crime won’t be wished away, and we can’t simply abolish or defund police departments. Politicians who suggest this aren’t serious about solving problems in their community,” said Rich Walker, officer and director of the Minneapolis Police Federation.Earlier this month, members of the Minneapolis City Council voted to disband the city’s police department. The vote came after the death of George Floyd while in custody of officers, which prompted massive unrest in the city.Councilmember Steve Fletcher said in a Twitter post that it’s time to “declare policing as we know it a thing of the past.”“Our city needs a public safety capacity that doesn’t fear our residents,” Fletcher said. “That doesn’t need a gun at a community meeting. That considers itself part of our community. That doesn’t resort quickly to pepper spray when people are understandably angry. That doesn’t murder black men.”The police union said it takes issue with how officers are being portrayed by politicians.“The only way we can begin the work to rebuild relationships and strengthen communities is if politicians stop characterizing law enforcement as violent racists and demonizing the police,” Sherral Schmidt, sergeant and vice president of the Minneapolis Police Federation, said. “There is a great deal of work toward building a safer Minneapolis, but it cannot happen until politicians stop pointing fingers and bring us all together to move us forward.”Minneapolis Mayor Jacob Frey, who opposes disbanding the department, said he takes issue with how the union can appeal terminations of officers through arbitration.“What's more disappointing is that the most essential change (the Minnesota legislature) could have made — preventing arbitrators from reinstating police officers who engage in egregious misconduct — was never considered,” Frey said this week.The police union said that the arbitration is something that the city and its officers agreed to as part of a standard practice for public employees.“The system of workplace justice – which is closely akin to our criminal justice system in many respects – requires that all public employees, even police officers, have the opportunity to contest discipline before a neutral third-party” said Schmidt.To read the full statement, click here. 2623
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