Bankruptcy Forum

Consumers to feel credit, bankruptcy squeeze

craigerzz
10-16-2005, 07:57 AM
Consumers to feel credit, bankruptcy squeeze



Deborah Falsman ran up $25,000 in credit-card debt when interest rates were low, credit was easy and bankruptcy offered a simple escape hatch.

Now, the school health clerk is looking at monthly payments that could rise by hundreds of dollars a month, thanks to new regulations aimed at helping Americans tame their soaring credit-card bills.

"You think you can pay $500 or $600 a month and get it over with," Falsman said of her credit-card debt, which financed a remodeling project for her home in Denton, Texas. "But it never seems to work out that way."

Consumer advocates are largely applauding the changes, which will take effect by Jan. 1, because they will save millions of credit-card holders money by trimming what they pay in interest over time.

The problem for at least some people, however, is that the higher credit-card payments coincide with bankruptcy-law changes taking effect tomorrow. The new rules make it harder for people to qualify for Chapter 7 liquidation bankruptcies, in which they surrender most assets in return for wiping out their debt.

For those living close to the financial edge, the combination of higher credit-card minimums, tighter bankruptcy rules and rising gasoline costs may be overwhelming, said Bradford G. Stroh, chief executive of Freedom Financial Network, a debt-counseling firm based in California.

"No one could imagine that all of these things would line up at exactly the same time," Stroh said. "But, they are all hitting the American consumer in the fourth quarter of 2005. On the heels of that, the overleveraged consumer's one parachute was Chapter 7 bankruptcy and that parachute is closing."

Americans already know they are paying more for fuel and heating oil, with energy costs up 20.2 percent in the past year, according to the government. But many are just now finding out about higher minimum payments on their credit cards.

Most major credit-card issuers have allowed customers to repay just 2 percent of their balances each month. For people with high-interest-rate cards, or who don't pay their bills on time, the minimum often isn't enough to pay down their debt.

For example, Citibank charges its higher-risk card holders about 29 percent a year, or 2.42 percent a month, in interest. Until recently, it allowed these cardholders to make minimum payments that amounted to just 2.08 percent of their balance each month, said spokeswoman Janis Tarter.

For a $10,000 balance, that would be $208. But a higher-risk cardholder would pay $242 a month in interest alone — allowing his debt to grow by $34, even after paying the minimum.

In 2003, the four primary bank regulators — the Federal Reserve, the Office of the Comptroller of the Currency, the Office of Thrift Supervision and the Federal Deposit Insurance Corp. — agreed that these artificially low payments allowed consumer debt to snowball out of control. The regulators issued "joint guidance" demanding that monthly payments be set high enough that revolving balances would be repaid in 10 years.

This guidance was later clarified to state that customers must pay at least 1 percent of the principal balance, plus all interest and fees that accrued that month. The rule takes effect Jan. 1, although some companies are implementing it sooner.

Under the new rule, a cardholder paying 29 percent interest on a $10,000 balance would be required to pay at least $342 a month — or 64 percent more than under the old standard.

Minimum payments will vary from customer to customer, depending on the interest rate of the card, the size of the balance and other factors.

That makes it tough for people such as Falsman, who has roughly a dozen cards at varying interest rates, to figure out how much more she will have to pay. Falsman, who with her husband takes home about $7,500 a month, said she got hooked on several cards with low-cost introductory "teaser" rates.

Falsman said the couple must now pay about $500 a month to meet their minimum requirements. She said she already has received notices from several card companies saying her minimum payments would rise by 25 percent to 50 percent — leading her to anticipate her payments will go up by several hundred dollars.

Financial-planning experts say that in a worst-case scenario, a consumer with $25,000 in debt who is paying 29 percent interest could be required to pay about $855 a month under the new formula — $605 in monthly interest and $250 in principal.

Lisa Moore of Sacramento, Calif., who has $28,000 in debt on six different cards, said so far only one of her lenders had sent a letter warning about a rise in the minimum payment. That card, which has a $6,500 balance, will require a $280 minimum payment starting next month, up from $180, she said.

"I'm glad I have a good job," said Moore, 48, a library worker. "Otherwise I wouldn't be able to make the payments."

Not everyone will see a big increase, however, because the old minimum-payment formula is sufficient to pay down debt for people who use cards with lower interest rates.

For example, a credit-card holder who pays 10 percent and has $10,000 in debt would accrue just over $83 a month in interest charges. Add on 1 percent of the principle, or $100, and the cardholder's minimum payment would be $183.

That's a little less than the $200 — 2 percent of the balance — that credit-card companies demanded under the old rules.

Consumer advocates consider the higher minimums to be healthier for individuals in the long-run. The average household credit-card balance is $9,205, according to credit research firm Cardweb.com, up from $8,940 in 2002. Nationally, outstanding credit-card debt has ballooned from $443.49 billion in 1995 to $797.97 billion currently.

"In principal, raising minimum payments makes sense because it allows consumers to pay off their debts faster and save thousands of dollars in interest," said Joseph Ridout, who manages the consumer hot line at Consumer Action in San Francisco.

hhou812hh
10-16-2005, 12:17 PM
Yeah, just more good news for America's long term financial future. :yes2: (bad for now though). Take away all incentives to use credit and start saving!

Just hope many people are prepared for the shock of all this. It may even take us into a mild recession, but it shall pass and we will be stronger then ever.:yes2:

At 35 million Americans paying minimum payments and don't have a clue about this I'll say about 10% of those will be in 5 year ch13 plans. I'll probably be one of them so welcome aboard!:clapping:

Lightning
10-16-2005, 04:02 PM
Where did you read the statistic that 35 million people make only the minimum payment each month? From the articles I've read, the majority of people with balances on their cards pay more than the minimum.

And for gosh sakes, don't take away the incentives! I love those rewards credit cards. I laugh all the way to the electronics store. :yahoo:

hhou812hh
10-16-2005, 04:47 PM
Where did you read the statistic that 35 million people make only the minimum payment each month? From the articles I've read, the majority of people with balances on their cards pay more than the minimum.


And for gosh sakes, don't take away the incentives! I love those rewards credit cards. I laugh all the way to the electronics store. :yahoo:



http://credit.about.com/od/creditanddebitcards/a/051805.htm

Nothing wrong with credit cards. We just need less incentive to carry large balances especially for items that are long gone, but the payments last forever. A high monthly balance will certainly help.

hhou812hh
10-16-2005, 06:45 PM
See if I had to guess Lightning I would say that with a potential social security crisis and the low savings rate, the US Govt finally said that since so many American's are carrying too much cc debt the OCC which regulates these fees that they must stop the outrageous mounting debt Burdon on the American consumer.

The "lords of Wilmington De." that play golf with members of congress asked them that since the OCC is demanding these high min req. payments :clapping: (This was probably discussed when they went back to the clubhouse to smoke some Cubans and drink some cognac) they discussed pushing bk reform through after the Nov 04 election.

Once the new bk laws were passed they figured a lot of folks would file now and after next year (2006) when the rates go up (especially after all the holiday shopping) the 35 million or so making min payments will have to come up with a way to make ends meet and will probably file bk under NEW law. At least it will be ch13 under 5 year plans since a small percentage won't qualify under ch7 anymore.

The bad news is in 2006 it will be a rough adjustment for many people.
The good news is within 5 years most people will be debt free and start saving for their long term future and cc profits will drop since millions in ch13 bankruptcies won't be able to use credit for many items. As we move more towards a cash society again :clapping: :yahoo: prices will probably come down. Banks won't like it since most ch13 filers can't use credit cards the banks won't get all those merchant fees and high interest payments. Good news for us:yahoo: , bad for them:cry:

hhou812hh
10-16-2005, 06:58 PM
I posted this a while back. They actually stated 19 million so someone's lying. Either way if America wins in the long run that's fine by me!:clapping:








Credit-card rules that raise minimum monthly payments could hurt banks and debt-burdened consumers alike

Like a lot of Americans, Robert and Jill Proctor of Kansas City, Kan., are getting hammered by credit-card debt. When Robert lost his job two years ago, the thirtysomething couple ran up $35,000 on 10 different cards just to pay everyday expenses like groceries and gas. Even after Robert found work last year as a country club manager, their combined income just covers monthly outlays for two cars, a mortgage, and credit-card bills on top of household expenses. Says Robert, who makes minimum payments on the cards with the biggest balances as he struggles to pay off the smaller ones first: "If they tack on more charges, we'll be stuck." That's just what's about to happen. Because of a crackdown by the Office of the Comptroller of the Currency (OCC), most banks and credit-card issuers will ratchet up required minimum monthly payments over the next 12 months or so. In the future, the payments must cover all fees and interest and pay down at least some of the outstanding borrowing.

MINIMUM PAYMENTS. The goal is to help people pay bills faster and slash the interest due. Monthly payments on many cards will double, to about 4% of balances, say card experts. Barbara J. Grunkemeyer, deputy controller for credit risk for the OCC in Washington, explains: "We were concerned that people were making smaller and smaller payments, but not making any headway" in paying off loans. The new rules will hit consumers hard, especially on top of higher energy prices, rising interest rates, and record levels of overall household debt, now $10 trillion, or 87% of gross domestic product. American households, on average, possess nearly 8 major bank cards -- or 17, including store and gas cards. Either by choice or necessity, some 19 million households -- about 1 in 6 -- now make minimum payments on their cards, according to card tracking service CardWeb.com.
"The main concern is that there could be an increase in defaults and personal bankruptcies," says Michelle Grabow, credit-card research manager at Informa Research Services. That in turn would hit banks' bottom lines as they have to charge off more loan losses. Worse, the shrinking of families' disposable incomes as they step up repayments could put a crimp in consumer spending. The massive indebtedness of Americans is a "huge macro risk factor for the U.S. economy," warns Stephen S. Roach, Morgan Stanley's chief economist. "The debt bomb is ticking."

ON THE EDGE. Banks were so worried about the potential impact on their businesses that they persuaded the OCC to give them a long transition period before applying the rules, originally published back in January, 2003. Their fears seem justified. Bank of America (BAC ), one of the first issuers to raise minimums, in the second quarter of 2004, saw net charge-offs for bad loans soar 63%, to $691 million, though by the end of that year only $40 million was related to the increased minimums. Bank of America also increased loan-loss reserves by 21.1%, to $170 million. That surprised some analysts because the Charlotte (N.C.) bank had told them that hikes in payments amounted to a modest $10 to $20 per month for most cardholders. Says David A. Hendler, a bank analyst with researcher CreditSights: "It seems that even a small monthly increase in minimum payments can cause some borrowers to tip into default." Minimal impact? So far, BofA, Citigroup, Discover Card, and MBNA -- which together issue some 275 million of the 658 million general purpose cards in circulation -- are among those with timetables for raising their minimums. JPMorgan Chase, with roughly 96 million cards, will "experiment" with higher minimums later this year on a "small portion" of its customers, according to Ray Fischer, chief financial officer of JPMorgan Chase Card Services.

STEPPED-UP PRESSURE. Fischer says 90% of the bank's customers make more than the minimum payments. The New York bank is not sure just what the financial impact will be. Still, it reported in a recent filing that it, too, is bracing for more delinquencies and charge-offs. Some issuers continue to insist that the impact will be small. At Wilmington (Del.)-based MBNA, new cardholders will have to pay higher minimums starting in July. Existing customers will receive notices in September and see changes soon after. They'll have to pay interest and late fees, if they have them, plus 1% of the remaining balance. Currently, MBNA customers have to pay interest and fees plus $15, or 2.25% of new balances, whichever is less. MBNA spokesman James Donahue says the change "won't have a practical impact" since most cardholders make the minimums. That doesn't mean MBNA and others won't be stung by the extra vigilance of the OCC. It has also warned banks that they must consider substantially reducing interest rates -- which quickly jump from introductory offers of 0% to an average of 16%, according to CardWeb.com -- or eliminating fees so that more of cardholders' monthly payments go to cutting their balances. Banks haven't been "overly keen about the prospect, but we needed to keep the pressure on," says the OCC's Grunkemeyer.

TOOTHLESS IN CALIFORNIA. No wonder. Last year, credit-card issuers reported record profits of $30 billion -- much of it earned on liberal lending policies and punishing fees that often exacerbate the financial woes of cardholders who have gotten in over their heads. Borrowers who make a late payment -- whether it's for the phone bill, a credit card, or a house payment -- often are charged punitive rates averaging 29% on all their cards. These on-the-edge borrowers are the most profitable part of any bank's card operations, as long as they don't default. To make matters worse for banks, consumer groups and legislators are pressing them hard to disclose more on monthly card statements about minimums and fees. Senator Chris Dodd (D-Conn.) reintroduced the Credit Card Accountability Responsibility & Disclosure Act in March, after a stalemate in 2004. The bill seeks, in part, to force credit-card companies to say how long it would take to pay off outstanding balances if customers just pay minimums, and how much interest they would pay over the life of the loan. California enacted a similar law three years ago, but "it's not being enforced," laments Tom Dresslar, spokesman for State Attorney General Bill Lockyer, because the banks argue that federal rules preempt the state law.

180-DAY WINDOW. If customers saw exactly how much credit was costing, they might be more inclined to pay higher monthly amounts voluntarily. Consider a customer who has a $10,000 balance with a 16% interest rate, and who makes a 2% minimum monthly payment. It will take more than 40 years to pay off the balance and cost $19,329 in interest. With a 4% minimum, the loan is paid in about 14 years, and interest costs are $4,931. The full impact of the OCC rules depends on whether customers can pay the new minimums. What is certain is that once banks implement the changes, they have 180 days to charge off any bad loans that result. "The hope is that there'll be only a temporary increase as you push those customers over the edge and they default," says David L. Fanger, a banking and finance analyst with Moody's Investors Service. If so, that would be a big relief for banks, strapped American consumers, and the U.S. economy.

Lightning
10-16-2005, 07:10 PM
Nothing wrong with credit cards. We just need less incentive to carry large balances especially for items that are long gone, but the payments last forever. A high monthly balance will certainly help.
What's the incentive for carrying a high monthly balance?

hhou812hh
10-16-2005, 07:17 PM
What's the incentive for carrying a high monthly balance?


I probably worded it wrong. There's no actual incentive, but if someone has 10k in debt and their min monthly payment is only $150 to $200 per month that's no good(they will never get out of debt & probably take on more). If the rate goes up to 4% and it's $400 a month for the same debt then people will think twice about charging anymore. With lower balances and less demand for using credit banks will lower interest rates & fees.

This is why I have told you for months that banks will make LESS money with all the new reforms coming our way.

Lightning
10-16-2005, 07:26 PM
Are you familiar with a credit card company's financial? Do you know how much they earn through interest rates? Do you know how much it costs them to manage delinquent accounts?

Remember that merchants pay a fee every time someone uses a credit card.

Maybe the credit card companies won't make as much money if people pay off their balances more quickly. I would think that you'd be happy about that. Of course one industry does not operate in an economic bubble. If credit card companies make less money, they'll employ fewer people. This could lead to job loss.

hhou812hh
10-16-2005, 07:47 PM
Are you familiar with a credit card company's financial? Do you know how much they earn through interest rates? Do you know how much it costs them to manage delinquent accounts?

Remember that merchants pay a fee every time someone uses a credit card.

Maybe the credit card companies won't make as much money if people pay off their balances more quickly. I would think that you'd be happy about that. Of course one industry does not operate in an economic bubble. If credit card companies make less money, they'll employ fewer people. This could lead to job loss.


I fully agree. I know they had record profits. Not sure of the actuals. You've been insulting many debtors on this forum as long as I remember for using credit and having trouble paying it back and I have stated that the current (very, very soon to be old laws) have been very profitable for credit card companies. Liberal lending policies and low monthly payments w/ high interest rates are keeping debtors trapped in debt for many years have been very, very profitable for cc companies. Now that everything is changing (some at the request of cc companies) their profits will drop. You and them (probably the same) want it both ways and it doesn't work like that.

Most people here (while they have no intentions of filing for bk) use credit with the bk laws to fall back on if trouble arises. If the laws are going to be tougher then most people will be scared to use credit and that will reduce profits and that will or may cause job losses.

Lightning, which way do you and your cc bosses want it? If you take great risks you may get great returns. The new laws will be less risks for cc companies and less profits. I personnally would rather see Americans save more and not push shopping carts collecting bottles while in retirement.