SEC Website on Investor Education

January 11, 2010
By Michael Rinne on January 11, 2010 3:08 PM |

The following is a fictitious scenario:

In San Francisco for a debtor's questionnaire hearing. Each time the judge makes an order, he asks, "Do you agree to obey all laws?" Hmm. It sounds so obvious, but guess sometimes when people cross the lines frequently enough, the lines disappear. The defendant is Christine, 42. She's on the boards of Opera clubs. Since receiving her rhetoric degree 19 years ago, she has been continuously employed at advertising, public relations, and high technology companies. Perfectly polished speech, and quoted in Style pages about her opinions on entertainment. She grew up in San Jose with dreams of medicine, doing well in science during high school. Rhetoric was an elective, but she switched majors, after flunking calculus during freshman year when her parents divorced, and her younger brother, Edward got a DUI. She lives in a one-bedroom Fillmore Street apartment in San Francisco. While in college, she dated a man for 5 years, but the relationship soured after graduation, and she has not since met anyone long-term though she spends $500 to $2,500 for tickets and black dresses to opera galas. There are judgments against her by several credit card companies. The balances are a few thousand dollars. Why's she unable to pay when she has never suffered unemployment?

A debtor examination hearing, is when the debtor is examined at the courthouse about what assets he/she owns and where they are located. This usually occurs after a judgment is entered against someone such as when a credit card company enters a default against a cardholder who fails to pay invoices and does not appear in court to dispute. The examiner discovers where the debtor lives, any property owned, employer, wages, bank accounts. If the debtor does not show up, the court may continue the hearing and send the debtor a warning for a bench warrant if the debtor does not show up for the next hearing. On the next hearing if the debtor still does not show up, a warrant may issue for the arrest of the debtor for failure to obey a court order to show up for the exam.

To help people better invest, and stay out of debt, the SEC has launched a website devoted to "investor education, providing investors with in-depth information and 'top tips' on how to invest wisely, plan for the future, and avoid being scammed." Visit www.investor.gov to access information in what the SEC considers a user-friendly format that includes sections for those getting started investing. For example, those saving for a child's education, and for those planning for retirement, there is the "Seniors Care Package". Investor.gov offers a section exclusively in Spanish. "En EspaƱol" presents information about what to do if an investor feels that he/she has been a fraud victim, as well as a Spanish-language podcast explaining the history and functions of the SEC.

Turn to a responsive bankruptcy attorney for straight answers on handling debt.