Monday, August 31, 2009

Can You Avoid Bank Fees?

I don't pay any bank fees, except rental on my safe deposit box. That leaves me of two minds about the fees. On the one hand, I feel bad because the fees tend to fall hardest on the people who can afford them the least--the poor, the ignorant, the stupid, the careless, the lazy, and the unlucky. On the other hand, the fees other people pay help cover the costs of the many free services that I get from the bank.

Economic research firm Moebs Services just announced results from a survey that indicated that fees are now providing the bulk of bank profits. In fact, at almost half of all banks, overdraft fees alone exceed total bank profits.

Banks use a lot of tricks to maximize the fee income. In particular, they process the largest checks first. If one big check overdraws your account, the bank can then charge an overdraft fee on every check that clears. If they processed the checks in the opposite order, they might only be able to charge the overdraft fee on the last one. (Another trick is to add new fees with little fanfare, so that you don't know you're paying them until you check your bank statement.)

Most people are like me, paying little or nothing in the way of bank fees. For example, according to an FDIC report last year, less than 14% of all bank customers pay over 93% of the overdraft fees.

Although the poor tend to get hit most with fees, it isn't primarily the poverty that does it. The key to avoiding bank fees is keeping your finances under control. The only way that just being poor exposes you to fees is that the narrower the gap between your income and your expenses, the harder it is to keep your finances under control. You have less room for error and are more vulnerable to simple bad luck. But being poor tends to be associated with other things that make it tougher to avoid bank fees.

If you're poor, you can't afford to keep a large minimum balance. If your parents were poor, they may never have learned that it's not necessary to pay ATM fees and bank transfer fees and fees to check your balance and fees to talk to a teller. And whole categories of poor people are not only poor--they're poor and they don't speak English, or they're poor and they come from a cultural background that doesn't trust banks. These people easily fall victim to predatory firms that charge huge fees for services like check cashing and small loans.

So, poor or not, how do you avoid bank fees? After the obvious things--don't overdraw your account and don't go overlimit on your credit card--the most important step for avoiding bank fees is to read the stuff from your bank and understand what services are free and what services aren't. Because every bank makes many services available free to certain customers. You just need to make sure that you're one of those customers.

Common special deals
Bank fee structures are, of course, ridiculously complicated. Most banks have multiple fee structures, depending on things like what kinds of accounts you have, which services you use, minimum balance, and even age (seniors often get good specials; students often get crappy ones). There are a few practices that show up pretty often, even if they're not universal, so it's worth being aware of them.

High minimum balance
Lots of banks offer no-fee deals for people who keep a certain minimum balance. (At some banks there are several tiers of these.) With interest rates as low as they are now, it costs very little to leave some cash lying around in your checking account. It'd take a couple years for the lost interest from having $1000 sitting idle in your checking account instead of in an internet savings account to add up to as much as just one bounced check fee.

Packages of accounts
Lots of banks offer package deals, where certain fees are waived if you get a certain group of accounts (savings, checking, line of credit, etc.). The idea is that if they can pull in a certain critical mass of your financial activity, it'll increase the chance that you'll use them for other, high-profit services like your mortgage and your IRA.

Packages of services
Many banks have long waived some fees if you have your paycheck directly deposited into the bank. More recently, some banks have started offering higher rates to people who agree to some minimum number of debit card transactions. Others offer deals to people who use the bank's bill paying service.

Any of these can be a excellent deal if the packages or minimums happen to match how you were going to arrange your finances anyway. The banks are all a little different, so look around and see if you can't find one that's a good match.

This is another place where the poor tend to get nailed: If they live in a poor neighborhood, they probably don't have a dozen different local banks to choose from, reducing the chance that they can find one that offers a deal that matches their circumstances.

Other financial fees
Because there's so much money in fees for financial services, everybody is trying to get in on it--including states. Many states have started making cash assistance (unemployment, food stamps, etc.) available via a debit card--but a debit card that comes loaded up with fees: fees for using an ATM, fees for checking your balance, fees for trying to charge more than is left on your card. There are even fees for not using your card! (That probably doesn't deserve an exclamation point--lots of kinds of accounts have inactivity fees these days--but I still find it shocking.)

Like with other bank fees, most of these are avoidable if you understand the rules, and not too onerous as long as the cash assistance isn't your only source of income.

The easiest thing to do for things like unemployment insurance where you're allowed to get the money as cash, is to do just that. You typically get one free cash withdrawal per month at an in-network ATM. Use it to get all the money out and put it into your regular bank account. If you're not allowed to get the money as cash (as with debit cards for food stamp benefits), you can minimize fees by treating it like an ordinary debit card--track each transaction and keep a running balance so you don't have to pay a fee to check the balance. Then, use the card to pay for whatever's allowed until the money runs out.

Avoiding fees is pretty straightforward for people whose finances are under control. They know what services they need, so they can shop around and find out which banks offer those as free services (with which kinds of accounts). They pay attention to things like which ATMs they can use for free. They keep track of their balance and don't overdraw their account. If they need a service that isn't free, they shop around to find where they can get it cheapest.

It's not that much work to nail down all these details, and over time it can save a fortune in fees.

Source: WiseBread

Friday, August 28, 2009

Can High Testosterone Levels Lead to a Person Filing Bankruptcy?

Our friends over at TotalBankruptcy posted this very intersting column the other day:


Can High Testosterone Levels Lead to a Person Filing Bankruptcy?
Ok, ok, maybe it’s not that dramatic… but a new study shows that high testosterone may lead to reckless spending.

A recent study by researchers at the University of Chicago and Northwestern University has discovered that men and women may shop differently for biological reasons – and those reasons could also determine how you execute all major financial decisions.

Background: Testosterone & Risky Behavior
Scientists have known for some time that testosterone, the male sex hormone, is linked to risky behavior.

And, when the economy collapsed after what can be considered very risky behavior in speculative financial markets, researchers began to wonder whether financial behavior had any specific link to testosterone levels.

The Study: Business Students Make Decisions
The researchers noted that, while about 57% of male MBA students choose high-risk financial careers after graduation, only about 36% of female MBA students do.

Researchers chose about 500 male and female students pursuing their Masters in Business Administration (MBA) for their experiments.

After measuring testosterone levels in everyone, researchers found that about 90% of women and 31% of men had relatively low testosterone.

Researchers then offered participants a choice between a guaranteed monetary award and a high-risk lottery option with a potential for higher payoffs.

The Findings: Testosterone Leads to Risky Business
Perhaps unsurprisingly, the researchers found that those with higher levels of testosterone (10% of women and 69% of men) tended to choose the higher-risk financial options.

The Lesson: Partner Up for Big Decisions
So what does all this teach you as a consumer? A few lessons.

Know thyself. While you may not want to actually check your testosterone levels, consider your history of financial decisions. If you have a past filled with risky moves, consider forcing yourself through a cool-down period before making major money decisions.
Partner up. Studies have found that married couples tend to be more risk averse than single people, but even if you’re not settled down, you could benefit from a second opinion. Consult with a levelheaded friend when you’re considering major decisions.
Question that gut instinct. It could, after all, just being a hormone flowing through your veins, promising a thrill if you take the plunge.


Are you reading this and nodding your head?

If you’ve been overspending thanks to high testosterone, or if you’ve just fallen behind on the bills, it may be time to examine whether filing bankruptcy could help you.

Thursday, August 27, 2009

Should I Oppose the Chapter 13 Trustee's Motion to Dismiss

The BKBlog had this post the other day:


As you may know, Chapter 13 cases function as payment plans whereby you send your Chapter 13 trustee a monthly payment and the trustee disburses those funds to creditors.

Since Chapter 13 cases usually last five years it is not surprising that sometimes a debtor may fall behind on payments, even if the payments are made through an automatic payroll deduction.
A certain percentage of my Chapter 13 clients will fall behind because of illness, job loss, family emergencies, or an employer's failure to send in withheld funds. Sometimes employers stop withholding funds for no particular reason.

Whatever the cause if you fall behind on your payment schedule to the Chapter 13 trustee, you will eventually face a trustee "Motion to Dismiss." In the Northern District of Georgia, each of our three trustees use a computer system that periodically produces reports identifying cases that have gone delinquent and the system thereafter spits out a form motion to dismiss.
A motion to dismiss may also arise if claims (usually tax claims) come in higher than expected, thereby causing the plan to run more than 60 months.

What should you do if you receive a Motion to Dismiss in your case? More on Should I Oppose the Chapter 13 Trustee's Motion to Dismiss

Wednesday, August 26, 2009

In bankruptcy? Pay mortgage to keep home

Found this over at bankrate.com:

Dear Bankruptcy Adviser,I have filed for bankruptcy. I did not reaffirm my loan and now find I cannot pay the first and second mortgages. It is just too much for me now. Can I walk away from my home? What will I be responsible for? -- Dorothy

Dear Dorothy,Congratulations if you've successfully completed your bankruptcy or simply made the difficult decision to file. But, it's disheartening to hear that you cannot afford your home payment anymore. Make sure that you do not give up on all attempts to modify your mortgage. Lenders are not acting consistently at all right now. Some of my clients have been rejected numerous times for loan modifications only to get approval after filing for bankruptcy. It is truly not hopeless.

Yes, you can walk away from the house because you did not reaffirm the debt. The liability on the debt will be eliminated by your successful bankruptcy. However, the liens that are attached to the house have not. To keep the house, you must make the payments, but you can walk away from the house and owe nothing to the first and second mortgage lender.

There is one exception, homeowners association fees. If you owe HOA fees, then all the fees
owed prior to the bankruptcy filing are included and eliminated in your bankruptcy.

keep reading here

Yo Congress!

The Bankruptcy Prof Blog had this post the other day:

In its August decision in In re Ransom, the 9th Circuit has ruled that a debtor may not deduct on the means test, an automobile "ownership" cost, i.e., use the IRS ownership table, for an automobile he owns free and clear. I love the last paragraph of the opinion:
“The ‘correct’ answer to the question before us, which the courts have been struggling with for years—at the unnecessary cost of thousands of hours of valuable judicial time— depends ultimately not upon our interpretation of the statute, but upon what Congress wants the answer to be. We would hope, in this regard, that we the judiciary would be relieved of this Sisyphean adventure by legislation clearly answering a straightforward policy question: shall an above-median income debtor in chapter 13 be allowed to shelter from unsecured creditors a standardized vehicle ownership cost for a vehicle owned free and clear, or not? Because resolution of this issue rests with Congress, we have taken the unusual step of directing the Clerk of the Court to forward a copy of this opinion to the Senate and House Judiciary Committees.”

Tuesday, August 25, 2009

What Exactly Is Debt To Income Ration Really?

We found this great explanation of debt to income ration over at the Bankruptcy Law Network. Hope it helps:

What Is Your Debt To Income Ratio?

By Carmen Dellutri, Attorney at Law on Aug 17, 2009 in Bankruptcy Myths, Benefits of Bankruptcy, Florida, General Bankruptcy Information

Knowing your debt to income ratio, could help you make sounder financial decisions in the future. Your debt to income ratio is used by companies who are considering lending you money to determine if you are carrying too much debt in relation to your income. You can figure out your debt to income ratio rather easily on a monthly basis or a yearly basis.

I like to do both. I like to know what my monthly debt to income ratio is so that I stop myself from impulse purchases. Everytime that I am tempted to purchase something, I have that nagging little voice saying to myself, you need to lower your debt to income ratio, not increase it.
Likewise, knowing your debt to income ratio for the year will allow you to decide longer term strategies for dealing with your debt, and hopefully, eliminating it. So, let’s get into it. If you have a spreadsheet program, great. If not, please get some paper, a ruler and a pencil. The best way to do this is to graph it out.

I like to start with gross monthly income from all sources. Start with annual income and divide it by 12 to get an average monthly income. Make sure you add all income from bonuses, raises, etc. This will give a more accurate picture of your finances. Let’s say that the yearly gross income for the household is $60K. Then your monthly income is $5,000. Now, we go to the bills.

I like to make separate columns for the creditors (car payments, credit cards, store cards, medical bills, etc.) include the creditor’s name, total debt owed and monthly payment (If you want to go a little further, you can break down the principal and interest, but it is not really necessary for this exercise). Also, I don’t want you to add your mortgage, taxes, insurance and normal living expenses like utilities and cable here. We will add them later. Knowing your monthly payments is really the first step on the road to recovery. It is also really important to use accurate numbers on your debts, as a slight variation can make an incredible difference.
Now, all you need to do is to divide the monthly expenses by the monthly income. This number is your debt to income ratio. Please note that you will need to move the decimal point two places to the right to adjust accordingly. Use the graph below to determine your debt to income ratio.

0% to 10% - Great, stop reading, you are wasting your time.
10% to 15% - Good, but you need to keep your eye on things.
15% to 20% - Still good, but warning signs are going up.
20% to 30% - You need to either begin lowering expenses or creating more income.
Over 30% - You need help with your debt. You may be heading for bankruptcy.

Next, create a second graph for your monthly mortgage, taxes, insurance and other fixed costs.

This second graph will not be factored into your debt to income ratio but will further add to your understanding of your finances. Once you have a grasp on how much cash is coming in and how much cash you have going out the door, you will begin to understand how much money you have for food, entertainment and most importantly, debt reduction.

Good Luck
Carmen Dellutri, Esq.