Maybe It Is Time To Let This House Go

As a bankruptcy attorney, I find that one of biggest concerns that debtors have is about their assets: "Can I keep my house?" "Can I keep my car?". In most cases, I can give my clients a clear idea of what property they can keep and what they may need to sacrifice in a bankruptcy proceeding. However, a more difficult question is whether the debtor should keep the property.

Although it is widely believed that home ownership is more beneficial than renting, this is not always true. The debtor must ultimately look at both the financial and the emotional factors to decide if a home is worth keeping.

On the financial side, home ownership usually is more financially beneficial then renting. As long as your mortgage balance is smaller than the price of your home, mortgage interest is fully deductible on your tax return. However, the financial benefits start to disappear if the debtor owes more than the house is worth. Renters also do not pay property taxes or home maintenance, but they do have the risk of higher rent payments at the end of their lease.

Even with a house that is upside down, there are emotional considerations that go beyond the savings a renter might realize: (1) pride of ownership; (2) stability; and (3) quality of life. A family with young children that has lived in the same neighborhood for 10 years may have more of an emotional attachment to the home than a couple whose children have all grown and moved out or a family with children too young to have memories of the house.

If you are considering bankruptcy, you need to look at all of the financial and emotional factors together. Owning a home can be a rewarding experience but it can also be a financial millstone that is keeping you from getting a fresh start.

If you are in Southern California and are struggling with home ownership and heavy debt burdens, call me today (619) 448-2129 for a free consultation and a caring voice.

If you are in Southern California and are struggling with home ownership and heavy burdens, call me today (619) 448-2129 for a free consultation and a caring voice.

About the Author: Carl H. Starrett II has been a licensed attorney since 1993 and is a member in good standing with the California State Bar, the San Diego County Bar Association and the National Association of Consumer Bankruptcy Attorneys. Mr. Starrett practices in the areas of bankruptcy, business litigation, construction, corporate planning and debt collection.

The Problem With Priceline.com and Extended Stay America

If you are ever planning a trip to Anaheim or a visit to Disneyland and are considering the ExtendedStayAmerica hotel, do yourself a favor and find another place to stay.  The particular hotel to avoid is located at 1742 S. Clementine Street, Anaheim, CA  92802.  The facility is horrible and the service was even worse.

When booking a weekend for my family to visit Disneyland, I tried out Priceline.com to check for decent prices.  I booked what was supposed to be a non-smoking, one bedroom suite.  When we got to the room, it was a studio with only one bed and smelled horrible.  I went right back down to lobby to make arrangements to get checked out and into another hotel.  After I got the "you have to get your money back from Priceline" speech from Vern, the front desk clerk, I proceeded to wait on hold with Priceline to get confirmation of  the  cancellation.

After 45 minutes on hold, I finally got Priceline to refund my money.  I had given my debit card to Vern for incidentals, but he absolutely refused to give me a check out receipt or anything else in writing to confirm that I had checked out and did not owe any charges beyond what had already be debited from my checking account by Priceline.  According to Vern, the manager was gone for the weekend and he could not help me.

I would suggest to Nina Valencia, the hotel manager, the she needs to give her employees a refresher course in customer service.  Refusing to give me written assurances that I would not be charged any more money was absolutely ridiculous.  When I called the main corporate number for ExtendedStayAmerica, they were equally perplexed at Vern's refusal to provide the requested information.  They also could not help me.

Although I am a big fan of William Shatner and Star Trek, I doubt very much that I will be booking travel with Priceline.com on the near future and ExtendedStayAmerica will never get any business from me.

About the Author: Carl H. Starrett II has been a licensed attorney since 1993 and is a member in good standing with the California State Bar, the San Diego County Bar Association and the National Association of Consumer Bankruptcy Attorneys. Mr. Starrett practices in the areas of bankruptcy, business litigation, construction, corporate planning and debt collection.

7 Signs That It May Be Time To Close A Business

I recently wrote a 2-part series on strategies for California business owners to stay in business while filing for Chapter 7.  However, saving a business isn’t always possible.  Here are some of the signs that I look for when telling a client that it may be time to close their business.

1. The professionals say you should close.  Many business owners have an emotional attachment to their business and do not wish to be an employee of someone else again or perhaps they are afraid to admit that their business is failed.  Some businesses are like men that won’t stop and asked directions: advice from a trusted advisor such as a CPA or attorney that a business is in trouble is not given lightly.
2. You aren’t making as much money as you thought.  An important factor that business owners need to remember is the value of their time.  One way to measure how much money a business owner is making would be to calculate the net profit and divide it by the number of hours they work.  Many owners may find that they would make more money working as a cashier at the local 7-11.
3. You are always struggling to pay your quarterly taxes.  A common problem for business owners is the inability to make timely payments on their quarterly taxes.  A high gross income does not guarantee a profitable business.  If you are delaying payment of taxes for cash flow reasons, your business is in trouble.
4. Things will get better next month.  Some business owners insist that they only need a good month to make up for past loses.  Counting on increased business without a plan of action to grow revenues is not unlike playing the lottery:  anything is possible, but not very likely.
5. The future for the industry looks bleak.  In the past year or so, I have handled a number of bankruptcy cases for people in the printing business.  Businesses are advertising less, buying fewer business cards and printing their own letterhead.  If a particular industry is shrinking, it may be time to get out.
   
6. The business isn’t worth much.  Like the illusion of short sales in real estate, some business owners greatly over value their businesses.  An experienced business broker can give you a very realistic opinion on the value of the businesses.  Declining business values maybe a sign that it is time to get out.
7. You have no retirement plans.  If a business owner is too caught up in the day to day operations of the business to be able to plan for retirement, then a change may be necessary. 

If you recognize any of these warning signs, it may be time to schedule a consultation with a bankruptcy attorney and explore your options. If you are in Southern California, call me now at (619) 448-2129 for a free consultation. 

About the Author: Carl H. Starrett II has been a licensed attorney since 1993 and is a member in good standing with the California State Bar, the San Diego County Bar Association and the National Association of Consumer Bankruptcy Attorneys. Mr. Starrett practices in the areas of bankruptcy, business litigation, construction, corporate planning and debt collection.

Why Dave Ramsey is Wrong About Bankruptcy

"I didn't realize how much stress I was under until I filed with you.  I guess I had just gotten used to the feeling.  My resolution is to think of need versus want and to save money each month for the unexpected."  That is what a client recently told me after receiving a discharge in a Chapter 7 bankruptcy.

Dave Ramsey describes bankruptcy as a "gut-wrenching, life-changing event that causes lifelong damage."  He also goes on to claim that bankruptcy "can devastate your job, destroy your marriage and steal your peace of mind."  This type of Chicken Little mentality is unwarranted and may scare consumers away from becoming fully informed about all of their debt relief options.

Mr. Ramsey's message resonates particularly well with conservative and evangelical Christians.  In my practice, I've come across far to many Christians who feel like they have failed in the eyes of God if they do not repay their debts.  I devoted an entire blog entry to the topic to help those clients understand what the Bible really says about bankruptcy.

Mr. Ramsey's negative experience with bankruptcy is atypical.  In my entire career, I have not had a single client express regret about filing for bankruptcy.  I have seen marriages healed as a result of the stress relief achieved in bankruptcy.  I have seen some clients improve their credit scores by as much 150 points because the individual no longer has any debt and their bad payment history will disappear over time.

Mr. Ramsey is correct that bankruptcy is not to be taken lightly.  But for many people, it is the only away to get out from under crushing debt loads, lawsuits and creditor harassment.  That is not say say that bankruptcy is without consequences.  Yes, it will stay on your credit report for 10 years and it is only a temporary fix unless the debtor is willing to make the necessary life changes to avoid future debt problems.  But for the vast majority of people who contact me, bankruptcy is truly the only option available.

The reality for my practice is that most of the people who come to see me have already done away with the toys and the frivolous spending. I’ve seen too many clients suffering heart problems, insomnia, depression and other stress related health issues by trying to avoid the inevitable for too long.
 
Sure, you can get a second job if you are $40,000 in the hole and you might have that  debt paid off in a few years. But what do you have? You filled a $40,000 hole and several years of time spent at a second job, which means lost evenings with your family and weekends of kids events.
 
Or you might consider a Chapter 7, which would be over in about 4 months in most cases, learn to live without credit cards and get the fresh start now. For every Dave Ramsey who had a bad experience in bankruptcy, I can point you to dozens of satisfied clients who have benefited greatly from the fresh start provided by a bankruptcy discharge.

Dave Ramsey does offer value assistance in pointing people down a path of financial responsbility and I do not question those services.  In fact, debtors who wish to avoid bankruptcy in the future could learn a few things from Mr. Ramsey.  However, nobody should decide simply on my word or Mr. Ramsey's word alone.  Cut through the hype and scare tactics and explore for yourself what is the best option for you and your family.  After all, no decision feels better after you prayer, learn and investigate your options.

About the Author: Carl H. Starrett II has been a licensed attorney since 1993 and is a member in good standing with the California State Bar, the San Diego County Bar Association and the National Association of Consumer Bankruptcy Attorneys. Mr. Starrett practices in the areas of bankruptcy, business litigation, construction, corporate planning and debt collection.

Phone Numbers Used By Phony Debt Collectors

In recent weeks, I have written about phony debt collectors using illegal and abusive threats to collect on payday loans.  Click here to read my first article and here to read my second article.  My friend Steve Rhode also dug a little deeper and and wrote this article that reveals some very interesting information about how these places operate.

The phony debt collectors often claim to be attorneys and begin by threatening debtors with jail time for nonpayment of payday loans.  The scam artists presumably have some level of success with their scare tactics based on the number of calls that I receive about this scam.  Below is a list of phone numbers known to be used by the scam artists:

• 201-221-3060
  
• 213-221-1002
• 213-286-0210
• 213-286-2016
• 213-550-4189
• 213-995-3046
• 310-362-4305
• 310-362-4319
• 310-362-9386
• 313-332-1091
• 343-729-0397
• 407-506-0424
• 408-317-0831
• 408-355-9951
• 415-223-4108
• 415-880-5599
• 496-900-0000
• 619-342-0094
• 714-333-2945
• 714-333-2951
• 714-400-0563
• 714-409-0208
• 714-409-0250
• 714-845-0766 (FAX)
• 760-300-4000
  
• 718-831-7157
• 818-936-4699
• 904-425-9141
• 941-961-8518
• 949-743-1049
• 951-707-4047
• 973-200-6686

If you are contacted by one of these scam artists, please leave comment below with the phone number they used so I can keep this list up to date. 

About the Author: Carl H. Starrett II has been a licensed attorney since 1993 and is a member in good standing with the California State Bar, the San Diego County Bar Association and the National Association of Consumer Bankruptcy Attorneys. Mr. Starrett practices in the areas of bankruptcy, business litigation, construction, corporate planning and debt collection.