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FEDERAL RESERVE BANK OF ATLANTA VOLUME _, 15, NUMBER 2, 2005 C: Q,) E c.. 0 Q,) > Q,) "O t.) E 0 C: 0 t.) Q,) "O C: ra >. _, C: :::, E E 0 t.) C: Banking on Remittances: Extending Financial Services to Immigrants https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Bankruptcy Reform Legislation Sustainability and Scale: New Buzzwords or Tools for Survival? Protecting Our Military from Predatory Lenders partners i n community and economic development PAGE 10 Louisiana SBA Chief Stages Turnaround An interview with the SBA's District Dir ector in th e Louisiana District Offi ce on how its ran king moved from wo rst to first in the co untry amo ng middle-s ize SBA offi ces. PAGE 12 Bankruptcy Reform Legislation Th e Bankrup tcy Ab use Prevention and Consu mer Protection Act of 2005 has s ignifi cant implicatio ns for both cons ume rs and small bus in esses. PAGE 15 Sustainability and Scale: New Buzzwords or Tools for Survival? Scarce reso urces a nd market forces are requ iring PA G E 2 community development organizations to focus on maximizing inte rnal effici enc ies and leveragin g The Ghost Box Dilemma: Communities Cope with Vacant Retail Property resources th roug h alliances that benefi t th e co mmunities being served. The rapid expansion of big-box retailers across the country has prompted many communities to reassess the potential negative impact when these busin esses close or relocate to newer retail spaces. PAGE 18 Protecting Our Military from Predatory Lenders Anti-predatory lending legislation has been proposed to protect mi li tary service persorn1el and their dependent:s from the unethical lending practi ces of fringe financial service providers. FEATURES PAGE PA G E 6 Banking on Remittances: Extending Financial Services to Immigrants 20 Spotlight on the District Alabama and North Florida Programs in Alabama and orth Florida promote Financial institutio ns in newly emerging gateway cities economic growth that helps to stabilize rural and for immi grant popul ations must explore innovative urban commu nities . ways to provide products and services that s uccessfully meet the needs of th is clientele. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Is Affordable Housing Facing Extinction? Lately it seems you can't open a newspaper witho ut Yes , there are c lear win- read ing about rapid increases in rea l estate values all ners when property values over the country. According to the Office o f Federa l climb; however, not every- Il ousing Enterprise Oversight, the housing pr ice index one benefits. Condo con- (IIPI) climbed 12.5 percent over th e pas t 12 m onths, versions may force people and housing app reciation during the las t year and a out of the i r apartments, half was th e highest in 25 years. l eaving th em with li mited housing alternatives. This Whil e many slates reported more modest growth in the d ispl ace ment can accel- IIPI, several record ed increases over 20 percent in j ust er ate negati ve gentri ["ica- one year. In the Sixth Federal Rese1ve Dist r ict, Flor- tion and qui ckly change th e fabric of a community. ida, w here th e overall housing pri ce clifferenl.i al was 21.42 per cent higher than the year before, rank ed fifth Exi sting prope1ty owners are likely to face higher real behind Nevada, California, Hawaii , and the District of estate taxes. Though some markets have se t caps on Columbia. Coastal areas such as Mel bourne, Sarasota, tax increases or created incentives to protect existing West Pal m Beach, and Miami registered some o f the homeowners, especially lower income households, these most dramatic spi kes. programs are the exception rather than th e norm . So who is benefi ting from this phe nomenon? Current Those in the market for the first time are possibly most homeowners who now show greater wealt h on paper affected by escalati ng home prices. \Vhat's afford able are the first group th at comes to mind . However, they one clay may be ou t of reach the next Poten tial home- would have to sell th eir homes to reap the rewards of buyers may have to strut looking in less desirable ru·eas this double digit appreciation; and un less a homeowner to find affordable property. relocates to a cheaper area, moving is not usually a There is no clear evid ence that appreciation of home viabl e option. pr ices w ill slow clown at1ytime soon. In some markets Landlords who opt to sell their single-family i.1westment the damage is already clone, and should interest rates dwellings rath er than k eeping them as renta l property become higher, housing may become th at much less also benelit. Sale of rental prope1ty doesn't stop at the affordab le. Th ese are some new cha llenge commu- detac hed single-family hom e: owner s of mul ti-family nit y development practitioners face. apa1tmenl buildings are transfomling units into condominiums for sale. Th e rap id increase in property values has also altractecl speculators who can pmchase homes sight Lmseen and resell them for a profit, sometin1es with out even making U1e first loan payment. This type of activity fw ther exac- Juan C. Sanchez erbates the situati on. Commun ity Affairs Officer FEDERAL RESERV E BANK https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis OF ATLANTA on e https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis BIG-BOX STORES ARE A FAMILIAR PRESENCE IN COMMUNITIES NATIONWIDE. INCREASING NUMBERS OF CHAIN ESTABLISHMENTS, CHANGING CONSUMER PREFERENCES , AND GROWTH IN THE RETAIL INDUSTRY HAVE LED TO AN ABUNDANCE OF RETAIL SPACE. THIS RAPID EXPANSION HAS ALSO MULTIPLIED THE NUMBER OF VACANT BIG BOXES LITTERING THE LANDSCAPE. Wal-Mart, Kmart, Home Depot, and Office Depot, are rai1ge of subsidies included reduced prices for land, infra- a few of the big-box retailers that have become house- structural assistance, prope1iy tax abatement, state cor- hold names. While these retailers have different store porate income tax credi ts, ai1d tax-inc rement financing. prototypes , each occupies a co nc rete "big box" of These policies ai-e now being questioned as more com- 25 ,000 to 100,000 square feet whi c h is usuall y s ur- munities re-evaluate the positive ai1d negative impacts rounded by acres of su rface parking lots. At the far of big-box retail. One of the primary concerns is the extreme is the Wal-Mart Super Center, which is typical ly rapid growth of vacai1t big-boxes as re tailers that were about 220,000 square feet. once lured to communities depart or relocate to newer Big-box retailers can anchor conunercial centers or be retail spaces. freestanding. A commercial center consisting solely of big-box retailers is known as a "power center. " InHia.lly big-box retailers sought rural or suburban locations that The rise of ghost boxes Vacant big boxes, or "ghost boxes" ai·e on the rise for offered large tracts of inexpensive land to acconunodate several reasons. First, develop e rs created a n abu n- their building and parking requirements. These locations dance of retail space during the past two decades, and also all owed the retailers to reac h a large r, and ofte n in some co mmuniti es retail space now exceeds t he underserved, market area. capacity of loca l markets to support il. Seco nd , poor RecenUy, however, big-box retailers have sl:a.tied exploring urban markets. Wal-Ma.ii ai1d Home Depot, for exai11p le, have both begun developing a smaller neighborhood fom1at in hope of gaining access to dense urbai1 areas. economic performance has forced retail e rs to close a number of their stores. Kmart has closed over 600 stores s in ce it declared bankruptcy in 2002. Other large retail ers including JC Penny, Montgomery Ward, Sears, and vario us grocery Assessing the impact of big-box chains have also been forced to close so me o r all of retailers on local communities their stores as a res ul t of finan cial trouble . Local conmmnities irutially recruited big-box retailers Discount retailers ai·e also chai1gi.ng their store fom1ats to increase property and sales tax revenues ai1d to meet and abandoning existing bui ldings for much la rger mega- growing consw11er needs. Some communities assisted U1e stores. Wal-Mart's ne w super centers arc us ua lly twice retailers or the developers with infrastructural improve- the size of their discount stores and have expanded to ments, while others used tax incentives to encourage include a full-service grocery store. development in their conumutities. Wal-Ma.ii CLUTenlly has 350 buildings available for sale A 2004 study by Good Jobs First (www.goodjobsfm,t. org) identified 244 Wal-Mart stores that received publi c or lease. According to its website, the company is planning to contin ue its aggress ive growth and expects to subsidies totaling over $1.0 billion from communiti es open 530 new sto res in the coming year. Of these new where they opened stores or dist.tibution centers. This sto res, 160 will involve expans ion o r re lo cation of FEDERAL RESERVE https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis BANK OF ATLANTA th re e big-box retailer can thus trigger the decl ine of an entire shopping center. Finally, th e local economy may expe rience a loss of tax revenues when a retailer pulls out. Property taxes may decl in e if the s pace remains vacant, a nd s ignificant loss of sales tax is like ly if th e departure of the retailer triggers loss of other businesses as well. The many comm un ities that have used pub lic s ubsidies to lure big-box retailers at the expense of local business are especially vu lnerable. Communities have transformed abandoned big boxes for creative uses. This Kmart in Austin, Minnesota , was converted to a "Spam Musuem ." Adaptive reuse of ghost boxes Vacant big boxes present a new challenge for commu- existing stores, thus ensuring conti nuous generation nities as they search for creative ways to reuse the of Wal-Mrut ghost boxes. space and try to limit the negative effects of existing Wal-Mart's un ique business strategy also contri butes Lo the increase in empty stores. In grow ing areas the and fu ture vacancies. Numerous comm unities across the country ru·e mru1ag- company has so metimes opened two sto res in close ing to reuse big-box space. In some cases, other retailers prox imity in order to capture the maj ori ty of sales in have absorbed the space. For example, Wal-Mart has the mar ket. Conflicting rationales have been cited for establi shed a partners hi p with Hobby Lobby, Tractor this strategy. Wal-Mrut's rurn ual report says this approach Supply Company, and Burlington Coat Factory Lo reuse allows them to more than do uble their sales in the ru·ea. vacan t Wal-Mruts. Over the past ten years these retailers Other studies indicate that close prox imity of two have pu rchased ove r 100 vacant Wa l-Marts and con- s tores creates intern al competition because managers !mow U1at only the most profitable store will swvive. The ve1t ed the space Lo meet their store requirements. Wal-Mart has created its ow n realty di vision net effect of this strategy, however, is heightened poten- (www.walrnarLrealLy.com) to mru·ket their vacant prop- tial fo r empty stores, often at the expense of the smaller erties. In addition to leasing ru1d sales, this group provides and independent retailers that ru·e unable to compete. mru·ket reseru-ch and construction services to help new Ghost boxes weigh on communities local gove rnment to id entify businesses Lhat might be tenants make use of the space. Wal-Mart also works with Vacant big boxes can have a negative impact on the interested in the space when Wal-Mmi vacates. Wal-MaJt's commu nit y landscape as well as on neighboring busi- website cites that it recycled over 15 million squru·e feet nesses. AbaJ1doned builclings and empty parking lots ru·e of space last year and contends that in do ing so it has not only unsighLly, but they also become ta rgets for vru1- developed another business opportunity. dais and attract other undesirable ac ti vities. The empty \\Th en retail business isn't the most effective use for space also becomes a visible sign of economic decline vacant big boxes, conrn1unities must explore other ere- and disinvestment. ative strategies fo r the space. For example, big boxes In addition to the visual impacts, de pmture of a lru·ge have been conve rted to government co mplexes, call retailer may strain other area businesses. Surro unding centers, schools, churches, auto dealerships, storage bus in esses often rely o n traffi c ge nerated by larger facilities, medical fac ilities, museun1s, recreational facil- retailers, so when the retai ler departs or relocates, the ities, and office space. dependent businesses may be in jeopardy as well. Smaller In Lee Coun ty, Florida, two form er K.!11 ru·t stores are retailers in shopping centers may hold leases that allow being co nverted to schools . The stores fi t the proto- them to vacate if the ancho r tenant departs . Loss of a type fo r the school distri ct's elementary schools, and fou r https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis VOLUME 15, NUMBER 2 the conversion is expected to take only half the time development on jobs, tax revenue, infrastruct1.ffc, or exist- of new construction . ing businesses ptior to approving new development. The City of Los Angeles recently passed an ordinance Challenges to adaptive reuse requiring big-box retailers with a grocery component to Some communities have been very successful in reus- conduct a community impact study that includes a plan ing their vacant big boxes, while others have struggled. for re-leasing, reusing, or selling vacated prope1ties. Some Smaller stores (under 30,000 square feet) are usually conmmnities have passed ordinances requiring retailers easier to adapt than those over 50,000 square feet. lt is to assist with the costs of building demolition if a store also easier to re-lease a store located in a prime location remains vacant for a long period of time. with good parking, infrastructure, and road access, and in close proximity to other successful retailers. A number of problems arise in attempting to recycle In other exan1ples, cities are requiting retailers to notify city officials in advance when they intend to vacate a property arid to main tain it Lmtil it is re-occupied or sold. vacant big boxes. First, most retailers have a store proto- In Peachtree City, Georgia the city passed an ordinar1ce type that is llllique. Therefore they reject existing vacant that prohibits retailers from vollllltarily vacating a build- space because it does not meet their store format requit·e- ing while preventing occupar1cy by another tenant. ments. For exan1ple, since Wal-Mart has a larger forn1at In addition to regulatory restrictions on development than Kmart, it is not a candidate to relocate in the 600 of new big boxes, some conm1unities ar·e creating finar1- vacant Kmart stores. Retailers often prefer building on cial incentives for the reuse of existing buildings. In South vacant lane! instead of incurring the cost to rehab ilitate Carolina, legislation was proposed recently that would existing space. offer tax credits to developers fo r re using vacant stores Secondly, retailers may place restrictions on which lar·ger than 100,000 square feet. tenants can occupy their space when it becomes vacant. Some may continue to pay rent to keep a competitor from moving into their space, thus red ucing the lancllorcl 's Looking ahead Big-box retailing has changed consumer shopping and incentive to re-lease or adequately maintai n the prope1ty. altered the lar1dscape of conmmnities. With no foresee- Finally, retail may not be the best use of the vacated able end to the growth of mega-stores, ghost boxes wi ll space. For landlords, this poses an additional concern if continue to multiply and present challenges for their they rely on income fro m national retailers to support host communities. their shopping centers. However, converting space to a First, con1111llllities must identify creative uses for exist- different use presents a challenge. Only a few businesses ing ghost boxes. Second, they must ens me that any adcli- neecl the ar11ollllt and type of space left behind by these tional development is managed in aclvar1ce to minimize mega-stores, but it can be expensive to convert the space the number of future ghost-boxes and their negative to a different format and use. impacts. Finally, communities must evaluate whether continued growth of the national big-box retail industry How else are communities coping? is desirable, or whether alternative strategies might exist Despite exar11ples of innovative models for reuse of vacated big boxes, more c01rn11unities are starting to con- to enco urage more sustainable long-term economic growth for their businesses arid residents. ♦ sider the potential impact of large retail developments before they are built. Some conm1mlities have instituted size caps that limit big-box development or ban additional development once a pre-detennined linlit is reached. A number of conm1unities are now requiring retailers Th is ar ticle was written by Jessica LeVeen Farr, regional co mmun ity devel opment manager al th e Atl ant a Fed's Nashvi lle bran ch. Readers can learn abou t other examp les of the adaptive reuse of bi g boxes at th e fo ll owi ng we bsite: http ://www. b igboxreuse.com to complete comprehensive community and economic studies that consider the impact of the prop osed FEDERAL RESERVE https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis BANK OF ATLANTA f i Ve Banking on Remittances: Extending Financial Services to Immigrants F J U ) ~ RJDS:SUV.S :NO'J."B . AB 57187939 R 82 A IMMIGRANTS IN THE UNITED STATES REPRESENT A LARGE AND GROWING MARKET FOR FINANCIAL INSTITUTIONS, NOT ONLY IN TRADITIONAL PORTS OF ENTRY SUCH AS LOS ANGELES, NEW YORK, CHICAGO, AND MIAMI, BUT ALSO IN NEWLY EMERGING GATEWAY CITIES ACROSS THE U.S., INCLUDING DALTON, GEORGIA, AND NASHVILLE, TENNESSEE. Banks can tap into this market segn1C'nl by offering new focus group researc h exploring Mexican immigrants' fin ancial products that cater specific-a lly lo immigrants· remittance praclices in the Sixth District found that the needs as well as providing typical banking services. choice or a remittance se1vice provider is based on com- Many im migrants regu larly se nd money bac k to th eir pl ex, mu ll iple fac t o rs, including cost, exc hange rat e, famil ies and co mmunities in th eir home cou ntries. In speed of tran sm iss ion , delive ry m ec hani sms in I he 2004, over $30 bill ion in remitl ances wa::; sen l from the immigrants' home country, as well as their ram i ly's U .S. to Lal in A meri can countries v ia form al chann els personal pre ferences. such as wire lransfer se1vices, banks, and c-rC'd it unions. WhilC' immigran ts in this study expressed interest Remittance servi ces are an example of' an important new in using remit tance products at financia l institutions, product that banks hm·e begun to offer as an aven ue for potential obstacles emerged su ch as l anguage and develop ing relationships with the immign:rnl market. Gai ning a foothold in this market, however, w ill require more I han just providing rem ii l ance se rvices. Recent six https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis c ultu ral barriers, id entifi cati on requ irem ents , and i nsuffic ient in format ion or misin forma ti on abo ut fin ancial in st i i ut io ns. VOLUME 15, NUMBER 2 Barriers to using banks fe lt th ey had not. been clearly informed about se 1vices To gain a better understanding of Mexican inunigrant:s' and fees associated with having a bank account. Most percepti ons about remittance products and services avail- paiticipants con.fusee! U.S. creclit muons wid1 the Mex.ic,m able at mainstream fi nan ci al instituti ons, the Federal cojos po pvlores and cojos cl e ohono and , because o f Reserve Board sponso red focus groups in three cities th e rep utation of th ese financial instituti ons and per- across the Sixth Dist1ict (see sidebar on p. 9). The focus sonal negative experiences, many were skep ti ca l about groups also explored i.nunigrants' general perceptions credi t unions. and experiences regarding financial institutions. Although many participants viewe d U.S. banks as reli ab le and secure places to k eep their flmds, many did not have a Sending money home Wh en pa rti cipa nts w ere queried on how they se nt bank account. The focus groups reveal ed several factors money home to their families in Mexico, most reported that impeded inunigrants' use of banks. using w ire transfer companies, postal money orders, Language and cultural barriers Spanish-speaking personnel w ho can explai n financial products and services and relate to a client's cultural and personal situation were primary in determining w here the Mexi can immigrants in the fo cus gro up cond uct "I HAVE A BANK ACCOUNT RIGHT NOW BUT I DON 'T LIKE TO KEEP A BIG AMOUNT OF MONEY IN IT BECAUSE THE LICENSE I HAVE th eir fin ancial transactions. But in addition to Spanish- IS ABOUT TO EXPIRE, AND I AM AFRAID THAT speaking staff, participants also wanted good customer I WON 'T HAVE ACCESS TO MY MONEY IF I service and convenient access to financial seivices. DON 'T HAVE ANY IDENTIFICATION :' Identification requirements Many paiticipants expr essed concern over identifi ca- and informal chan nels such as co uri er se rvices. A tion requ irements. Immigrai1 ts cited prob lems related few said t hey se nt money w ith friends and family. Lo state dri ver's license laws, as we ll as to federal and Several va ri ables influen ce d how r emitters sent state laws governi ng bai1ks' accep tai1 ce of t he matrfcula mon ey ho me. consulai· (an ident.Uication docw11ent issued by the Mexican gove rnm ent for Mexican nationals) for identification purposes. Even several parti cipants with st at e Local mechanisms Some remittance mechaitisms were specific to a parti c- li ce nses reported th at th ey did not plan Lo open a ular location. For example , some parti cipa nts fro m bank account. So me incorrectly beli eved th at, gi ven Dalton, Geo rgia used "vans" or courier se1·vices that th ei r immi gratio n status, they wou ld l ose access to collect the remittance from the sender mid deli ver it (as fun ds in their accow1t w hen the license expired. Others well as additional packages such as letters or pictmes) comme nted t hat wh en they tried Lo ope n an acco unt directly to th e recip ient. using the malrfcula, bank employees m isinformed them that they were not permitted to use the doc ument, even th ough lhe bai1k 's policy recognized th e malricula as an acceptabl e form of identillcation. Senders and receivers M any par ti cipa nts ind icat ed that both th e remilte r and the r ec i pient decide upon t he best r emittance m echan ism for bo th parties. Some , however, base d Insufficient information or misinformation their met hod of remittance en ti rely on the ir families lnsu.fficienL infmmation or misinformation about finan- in Mexico, who were accustomed lo r eceiv ing funds cial products and services were conu11on among the focus in a partic ul ar manner an d p erceive d one meth od t o group paiticipants. Among d1ose who used banks, several be better th an anoth er. FEDERAL RESERVE BANK OF ATLANTA https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis s e v en Market conditions Whr t hrr or not a bank exists in the rrcri vi ng family's town o f rrsidencr was anothrr consicl rra ti on. In fact , about halJ of the parti cipants in Dalton and Florida C' ity reportrcl that they srnt their rrmilla11crs to rural arras, which ai·r less likely to have banking sr n ices to rrceive the re mittance. Choosing a remittance service Paiiicipa11ts consisl rntly agrrrcl on thrse key characteristics for choosing a remi ttance providrr: • Reputati on of provider; • Total cost; • Exchange ratr; • Assurance that t hr recipir nt will rrc·r ivc the fu nds; • Sprrcl of serv ice (sa111c clay or next cl ay avai lab ilit y); • C'ustom cr sc1vicr. Although the avai lability of Spanish-spraking stafT was th e most irnpmiant condition for gett ing their business, indicated that they would be intr rcsted, for rxainp lr, in focus gro up part ic ipants stat r d that sr rvice and cost, using a rcmitt ;:rnce product tha t included a "savings'' fra- includ ing front-encl fees, exchange ratr, and back-C'ncl turr to help accumu late' fu nds to send back home. T lw y fees wrre nearly as significa11t. 1any reported that th ey also li ked the idea of a product th at offe rrcl the oppor- shopprcl for U1c most favorable exchangr rate. In aclcli- 1unity to pay their fa111 ily's bills (say, for utilities) directly. tion thry said thry in,·csliga trcl chargrs by recei,-ing Other pait icipa11ts approved of a rrmit:tai1ce product that insti tut ions in Mrxico, for example l hC' money sc 1v ice chai·ged a !lat fre irrespC'ct ive oft hC' valur o f the re mit - businrss or ba1 1k, and used thi s info1111a t ion in drc icl ing tance', and a few incl ica trcl a stro ng prefcrC' ncc for pro- how to send their money. cluc ts \\'ilh no back-rncl fres for th rir family members. Using banks for remittances Conclusions Whi lr few partic ipants wc rr aware o f banks o fTr rin g Banks in citi es like Los Angc lrs, Chicago, New Yor k, remittance se1viccs, th ey ind ica ted that the avai lab ility and Mia111 i have had clrcacles to acijust to immigrant cus- of rrmittance products a11cl sr ,vices through financial tomers, w hile banks in tlw new gatrway citirs have had institutions could moti,·ate thrm to oprn an accou nt in limited cxprri rnce working w ith immigrant commu n- th e U.S. it iC's, especiall y in provid ing products and se,vices sprcif- Paiiicipants wcrr paiticulai·ly intercsl C'cl in account -to- ically tailored to this cli rntele. Banks trying to attr act account rernitta11ce products in which money deposited th ese potrn ti al customr rs will ha,·e to be innovativr in in a U.S. ban k accoun t by th r rem ittrr co uld thC'n be rC'sponcl ing to challenges. transfrrred to thr recipient's bank accou nt in l\lrxico. Om foc us group findings re,·ealecl that banks do have Th e ge neral prrcep t io n among part ici pants was th at an advan tage compa rr cl with alt ernative sr rvi ce pro- using ba11ks-at both ends o f th e tra11sac t ion-would be v iders, howevrr. Dcspit r convr nt ional w isdom, w hi ch a safer way to srncl money to their fan1ilirs. contends that imm igrants distrust l ·.s. banks because Whrn queri ed about remit1;:rnce products with innova- th ey distrust banks in their homr countri C'S, our foc us tive frat urcs, some of which to our knowlrdge havr not group part icipants indi cated a high level o f' tru st in U.S. yet brrn developed or offered by banks, maiiy paii icip;:rnts banks. Furt herrn orc t hry imp li r cl th at thry may tru st e i ghI https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis VOLUME 15, NUMBER 2 banks in i\Iexi('O that part1wr with l ·.s. banks. so that trust is in essence transfeITed from tlw t ·.s. lnmk to the i\lPxic-an-pai1nC'r bai1k. Although lnmks cannot control th<' receiving count ry's lin;m('ial se1Yi('C'S infrastn.1c-tun', whi c-h is o ft en a clri,ing forn' in the c-hoice of remittan('e pro,·ider, t lwy do han:opt ions. For exam pl<'. bai1ks c-an now use th e FedACll systl'm l o transfer money to i\lexic-o. Banks can also reach out to immignmt communities by working with community organizations ,met mentors to lw lp biidge tlw language and c-ult ural gaps mid ensure ac-c·t'ss to finmlC" iaJ education n'soun ·<'S and mat etials. I f possible' bm1ks can also pa.11rn'r with appropriall' finan cial institutions in i\kxico to o f"fpr c-ompleml'ntaiy products and Sl'l"vic-es for both l '.S.-b,t'iPd imm igrant s mid tlwir family mPmbers in th eir home country. With a little' effo rt banks have th P op portunity to attrac-t th e growing, prospering immigrant market. But hanks may 11l'C'd to adjust tlwir produc-ts, SC'JYic-es, polic-ic's, and cu lture to c-o mpetl' with alt ern at i,·t' ser\'il"P pro,·iclPrs-not just on plier, but also on the quality of se1Yi<·<' and a('C-C' sibility-if tlwy want to pursue tlw immigrant nuu·ket successfully. ♦ This a11iC'!C' ww; wrilt Pn by ;\laria1111P A. I lilgNt and .JC'anm' ;\I. ll ogarth. fNIPral RC'S<'IT<' Board . ('onsumC'J" & Community Affairs: Edwin .J. Lucio. FPderal HPsPJ"\l' Board, HPsc•1YC' Bank OpC'raJions & Payment Systems: Sihyl llo\\PII, .Juan Sanc-hPz. and \\'aynC' Smi th , f NIPral RPSl'J"\'l' Bank of Atlanta , SupC'r,·ision & Regulation, Communit~ ,\ffai rs: J·: lizal)('th ;\JcQuPrry, FPdPral RC'sC'rw Bank of Atlanta , Hptai l PaynlC'nts Office'; Ana ( 'rnz-Tau ra, FPdPra l RPSPrve Bank o f At Ian ta , Miami Bnu1c- h, Comm unity Affai rs; and .J pssic-a LC'\ '!'<'n f.'arr, FC'dPral RC'S<'IYC' Bank of Atlanta, :\'ash,i ll C' Branch. Community Affairs. Tlw analysis, comments, and c-oncl usions Sl't forth in this pn'sc'ntalion rppr<'SC'nl tile' work oftlw aulhors and do not indicatl' c·o11cu1T<'nc·l' oftlw FcclC'ral l?,•sP1vP Board, ll u• Feci<' ral HC'SPI"\'!' Banks, or th ei r staff. MPnt ion or display of" a trademark . propriPlary proclucl, or firm in tlw l<' Xt by focus group participants or 1he aulhors dol's 1101 c·onstitutP an l'ndorsl'lllC' lll or niticis111 hy the FC'clcral lll'SC'r\\' Sys1e111 an d clot's not imply appro,·af to till' C'xclusion of otlwr sui tai>IC' procluc-ts or firms. RESEARCH DESIGN The r findings are based on a qualitative re ar ch study "Banking on lmmigra.nts: Increasing MarkC'l EfficiC'ncirs for Consumers and Financial Institutions" co-authored by employees of the federal Reserve Board and the federal Reserve Bank of Atlanta The tudy, which was presented at the Federal Reserve's 2005 Community AITairs Research Conference, is available at: http://www. chicagofed.org/cedric/files/2005_conf_paper_se ion:3 h ogai1J1.pdf To analyze immigrants' remittance behaviors, the federal Reservr Boai·d contracted with the Metro Chicago IJ1forma.tion enter to conduct focus groups dwing the month of December 200-I. Providing assistance were Urree commw1ity clevelopmC'nt orgailizations working with MC'xican inunigrants and based in U1e Federal Rese1ve Sy l C'm's iJs.1.h District. 1wo focus groups were held in collaboration with ea.ch of U1e following communi ty based organizations: • The Georgia Project in Dalton, Georgia onexi6n Americas in ashville, Tem1e ee ai1d • The Everglade onui1unity Assoc iation in Plorida ily, Plo1ida. We cho e to conduct focus groups in these cities ba5<'d on U1C' recent influx o f inunigra.nts wiU1in Uie Sixth District ai1d the cm-responding volume of remittance sent by thrse immigrants. for exan1ple, between 1990 and 2000 the foreign-born population in Georgia and Temirsee grew by 233 and 169 percent, r e pectively (U.S. Census). Moreover, a recent study e ti.mated that immigrants re iding in Plorida and Georgia., who remilt.C'd $2,450 million and $947 miUion re pectively in 200:3, make these tale the fourth and seventh large t ending remittances to La.tin America (Bendixen & Associate , 2004). Thu the Federal Reserve's Sixth Di tri ct provides an opportunity to develop new lea.ming and information about immigrants' use of bank as well as remiltai1ce products. We focused our research on irnrnigrai1ts from 1exico (both documented and llllclocumented) who send monC'y back to Mexico at least once per year. We hose this paiticular group for a nw11ber of reasons. Pi.rst, 1exico is the large t recipi nt of remittances in Lalin Ame1ica ai1d U1e aribbeai1, receiving $16.6 bi llion in 2004, wiU1 95 percent of remitlai1ces originating from the .S. in 2003.' Concentrating on tllis target group also allowed us to analyze the recent growth in financial producL<; aiid se rvi ces that target Mexican in1111igrants in U1e U.S. as well as their fai11ilies in Mexico. finally, the Federal Rese1ve System's trategic alliance wiU1 tl1e Central Bank of Mexico, which provides international A I I se1vic s to Mexico, expai1ded U.S. bailks' ability to serve Mexican immigrants by oITeri.ng an alternative mechaii.ism to send remittance at a low cost. 1 "Banking on Remittances" (2005) (www.chicagofecl.org/cedric/ file 2005_conf....J)aper_session3_hogarth.pdf ); IADB (InterAmerican De,·elopment Bank) (2004) "Remittances: Key Sourc<' of Capital for Latin America and the Caribbean," Issue Briefs ( www.iadb.org/exr/am/'200.J/ index.cfm?op=press&pg=6fl ); Bendixen & Associates (200.J) "Sending Money ll ome: Remittances to Latin America from the C.S., 200-l," (ww\\.iadb.orgtexr remittance image . lap200.JSun-eyAnalysis~lay_l7.pdf) FEDERAL RESERVE https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis BANK OF ATLANTA nin e Q&A Louisiana SBA Chief Stages Turnaround An Interview with Eugene Cornelius Jr., District Director, U.S. Small Business Administration , Louisiana District Office Louisiana recently claimed th e highest ranking in the Partners: What was youi · initial overn ll assess ment country among middl e-size offi ces in th e Small Business of the Lou i si ana clisl1·ict as ii rnlales lo small busi- Administration (SBA), and the number0 two ranking over- ness clevelopment ancl expansion? all. A little over a year ago Louisiana cam e in dead last. Cornelius: l found a staff that was ready to assist me in Enter Eugene Cornelius, Jr. w ho took over th e Louisi- whatever way I needed. The staff here has a wealth of ana District office in April 2004. With energy, enthusi- knowledge and expertise. I fow1cl that the issue was how asm, and vision Cornelius l ed the Lou isiana team from to manage our r eso urces. Management needed to step worst to fi rst in one short year. We spok e with Mr. out of the way and let the staff do th eir jobs. CorneUus to discuss the twnarouncl. l also fow1d that the banking communi ty was very conservative. I fe l t that I had walked backwar ds in t im e! Partners: H ow ore the off'ices evo luotecl? I s the mnk- But then I got to know them and discovered that the SBA ing basecl on loan volume alon e? was not being a genuine paitner and was making it diffi- Cornelius: No, actually it's not based on just one or cult to do business. I listened to them and tri ed to tmder- two characteristics. Th e offices are evaluated on the stand what th eir needs were, w hat could I do within SBA's number of l oans, the number or loans to targeted com- ru les and regulations to m eet their needs and make i t muniti es, and the number of l oans to women , minor- easier to do business. ities, veterans, intern ational, and ru ral communities. Not on ly do they l ook at w heth er t he vo l ume has a Partners: So ojle1' meeting wi th the bonkers oncl high percentage of l oans in a targeted co mmunity, bu t uncove1·ing lhei1' neecls, what chcmgecl? at whether we 've succeeded in th e number o f l oans Cornelius: Ed ucating new bankers about th e new ways being ma.de to African-Americai.1s and Hispanics within of doing busin ess. I assessed the business community th at targeted community. that was involved in trade and fo w1d that most of them were not ready for traditional banking. They didn't have Partners: Diel you clo anything clijfe1·enl l o tmget the the documentation necessary for traditional lending. I minority commu nity for small business lencling ? di scovered a special niche for loans that were less than Cornelius: Well, I targeted the business community at $50,000, ai.1d that these loans were not cost-effective for large as pa.rt of an effort to in cr ease Louisiana's eco- the traditional banks to pmsue because of the an1otm t of nomic development across the state. It just so happens documentati on required. We ha.cl a real gap. That's w hen that in casti ng the net a.cross the state and th e business I began o fferin g the "Community Express" low cloc u- community in general w e caught the largest gro up of mentation loans that ai·e not conventional and ai·e tmcler small businesses-minority-own ed businesses. $50,000. Sin ce the local banks found t he loans too Digitized ten for FRASER https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis VOLUME 15 , NUMBER 2 expensive-, I brought in outside banks to do th e $::i0,000 you'z,e put e111plwsis 011 teaching people 11011' to access and unclc-r loans. Th ey\·c- figured out how to clo t hc-se capita l, you 't'C' /Jmugill i II lenders who ccuz 11/(/kC' the loans in a cost-effective manner. small loans, a 11d you hold people acco1111tab/e.f<!I· goals. Were the- local banks mac1·7 No' They saw this as a way Whal o//wr.f<1ct ors caII ./JOU sa.lJ hcn•e contribul<'cl to the to develop excellent can didates for traditional banking i naease i II l e11</ i 11g? in Lhe future. Thc-y also understood my long-range- plans Cornelius: I think that the- biggest contributor is outreach of lc-ncl ing small amounts to build th e- business com mu- l o th e- business communit y. I listened to what th c-y hacl l o nity for com·c-ntional banking. They were comfortable- say. I didn't go in th e-re- telling them that this is tlw gov- leming this lencling to the experts. For c-xamplc-, ernment, ancl this is what we hm·e to offer, ancl wc 'rc- <Ul inno- rnti\·c- bank has figure-cl out how to do the- business loan here to sol\·c- your problems. If I found a prob lem that c-xpress product in a cost-efficient way. By bringing them the SBA couldn't fix, I'd find someone- \,·ho cou ld, e\·en if in, the- ovc-rall !small busi ness] markrt is highc-r. Wc-'vc- it was my "so-cal led" compctitors-thr USDA, tlw Louis- madc- 700 loans with thc-m in one yc,u·. iana Departm en t o f Economic Deve lopment. Tlw SBA is not for cvc1yonr; it's about solving problc-ms ancl 0vr1y- Partners: What 11·ere .IJOlll" stmtegies.f<Jr i11ffeas i11g one worki ng togC'lhc-r to gC'l the business what ii ,weds. l th e small business /e11cli11g mlzmzec' don't cru·c wh o docs it, IC'l'sjust make it happc-n 1 Cornelius: I rea lized that small businesses know what they do wc-11 , and they do it well! But thc-y don't have th e Partners: \Vil er<' caII tmclilio11a/ .fi1Za11cial i11stit11- business acumc-n to be ab le to get cap ital. So rather th ru1 li o ns hat'e the I/lost i111pact 011 i11creasi11 g s111a// concen trating on teaching th e banks how to do small- busilless /e11cli11g? business lencl ing, I focused on educating businesses Cornelius: If this community cru1 recognize that the lru·- about how to gC'l more capital, how to be pre-pare-cl to go gest number of growing businesses across the counlly to the- bank fo r a loru1. ru·c- womc-n- ancl mino1ity-owned businesses, that 's whc-rcthe money is ru1d th ey need to get to it 1 It's that simp le. Partners: We IICll'C' had 1:2 sma ll b11si11ess de1 ,elop111e11/ Thc-y're missing opport uni ti es to make money. We need ce11/ers stateu•ide. f Comelius interrupts here lo count to roll up our slc-e\·es, get over it ,mcl gc-t into it-make l .J, if you i11clucle th e i11tematio11al tmde decelop- some monc-y 1 m en/ cell/er./ So zchat's clifferent 11011·? Cornelius: The SBDC's <U"<=' funded by the SBA, so I set Partners: What Ji1 tw -e tre11cls clo you .foresee? forth cxpC'clal ions for a certain qualit y of sc-rvicc-. I Cornelius: I bC'licvc it's an exciting ti me- fo r us. Peop le- change d thC' eva luation process---instc-ad of look ing at as k me where I get my c-nergy from and it's because or what the market is, how many businessc-s do WC' have to this exc itcmC'nt. There's a migration of peop le to the reach, say !500 or so, I took a look at what thr m ·rrall South, ru1d pNhaps for the rust time in Louisiana history sma ll businc-ss market was and set a goa l or se1Ying I see the gon·rnor, the maym-s ru1cl senators all working 10 percent of that mru·ket, and of the- 10 percPnl, one- together on econom ic devdopment. Seeing sPnators of third o f those businesses will be minority busi1wsses. I diffc-rent partic-s working together, this is whPrP I gel my put a spc-cial c- mphasis on increas ing o ur nu m[)('rS in cxeitc-rncnt , my aclrcnalinc- 1 I don't th in k that wc,,11 recog- rural communit ic-s. Wc-'vc- increased our impact on rural nize Louisiana two or I hrC'C' ycru-s from now. ♦ commu nities by 200 percent. Partners: So l'l'e heard about many of the appmaches you '1•e take11 to get your team ll'here ./JOU a re. Let 111e sum ma l"ize a f ell': you '1 1e stepped out of th e 1I'rt.lJ so that your st a.ff" can clo their jobs, you '1,e i 11creasecl outreach into th e busi11ess aml bc111ki11g co11111w 11ity, FEDERAL RESERVE https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis BANK OF ATLANTA Eugene Conwlius IH'eamP till' District Director fort he Louisiana Office of thr t ·.s. Small Business Administration ( SHA) in April :200~. As district dirrctor, Corne lius is responsihlP for t lw administration and implPmentation of the AgPncy's \·arious lending, eontracling, and technical assis1a.11n' prognu11s in suppo 11 of small husi1wss throughout thr stale of Louisi,ma. l ntcniew w,L'i cond ucted by Na.11cy Montoya, rrgional comm unity den•lopnwnt manager in th e Atlanta F'rcl"s 1Pw Orlpans branch. eleven Bankruptcy Reform Legislation TITLE BUSINEs~~RAL AN ubtitle A--0 tlP'rcy p eneraJ Bu8 . Pr llless 1-REFORAf Ovisions )D LEGISLATION nde~ITION.-:--Section lOl "(48A) ~ ~ ' : after Pa,:~ ~tie 11, V ecu,-;ties _es _self regu.JaJ (48) the 1 ange Co~'!tion registe,.;J' o~aniz,, ge_ Act of 1~14n under sectio With ti, )\>Ith the Se or a Dati n 15A CUrities onaJ secunt; e Securities !"change e, -~ection 36i(h1ct of-193~ ns 224 303 of title l the foiJo~and 311, (a), of· !Dent or co t · Uriti n tnuation . es self re l tion's regu.Jatogu atQ. nt or "_ry po,. Exe'::!! credi tors. Any debt in excess of the amou nt collected frnm asset liquidatio n is then forgiven. Chapter 13 filings allow debtors lo repay specified debts over a threeyear period, and forgive any debts not included in the repayment plan. Under current stan dards most individuals opt to fil e under Chapter 7. According to U.S. Bankruptcy Statistics 1.1 million filed for Chapter 7 relief in 2004, while nearly 450,000 filed for reli ef under Chapter 13. Qualifying for bankruptcy protection The new guidelines include a "means test" to determine if debtors with a nn ual income above the state median income level qualify for protection under Chap- DESIGNED TO CURB ABUSES OF ter 7. Debtors who can pay unsecured creditors, such as credit card companies, at least $6,000 ($100 per month) THE CURRENT U.S. BANKRUPTCY over a five-year period , provided that a moun t is s ufficient to pay 25 percent of the outstanding debt, will be CODE, THE BANKRUPTCY ABUSE redirected to a Chapter 13 repayment plan. PREVENTION AND CONSUMER ($ 166.66 per month) over a five-year period are assumed Debtors capable of paying creditors more than $10,000 to be abusing the system and will automatically be denied PROTECTION ACT OF 2005 (THE Chapter 7 relief. ACT) ESTABLISHES A NEEDS- income level are exempt from the "means test" and will Debtors whose income is below the state median BASED SYSTEM OF QUALIFYING FOR PROTECTION UNDER THE LAW. automatically qualify for Chapter 7 protection. These debtors, however, can still be redirected to a Chapter 13 repayment p lan if they are able to pay a minimum of 25 percent of their outstanding unsecured debt over a threeyear period, as opposed to the fi ve-year period specified for other filers. The Act continues to provide protection for indivi- The Act was signed by Presid ent Bush in April 2005, d uals who face extenuati ng circumstances such as a and most of its provis ions become effective in October of serious med ical con dition or other hardships. These this year. cases, however, must be supported by documentation Currently individuals file for either Chapter 7 liquida- detailing expenses or deductions fro m income. tion or Chapter 13 reorganization bankrup tcy relief. Chapter 7, the most common bankruptcy filing, allows Income and expense calculation debtors a fresh stmt by requiring them to relinquish all The new law includes an interesting twist: calcula- of their nonexempt assets, which are liquidated to pay tions of income, expenses, and disposable income used weFRASER Ive Digitized Ifor https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis VOLUME 15, NUMBER 2 to determine a debtor's ability to repay and the rate of repaynwnt for bankruptcy !ilings will no longer be based Homestead Exemptions The Act significantly curbs abuses that occur when on actual income and eiq)enses, but rather on speci fi ed debtors attempt to shelter equity in real estal e asse ts calculat ions and Internal Revenue Se1vice (IHS) guide- from cred itors by establishing residency in a state with lines for reasonable living expenses. When calcu lating a generous or unl imit ed homestead exemptions. Wh il e debtor's income to delem1ine his or her abilit y to repay, Congress did not rxpliciUy pre-empt state law with regard the court will use th e average income for I he six months l o homestead and oth er state exemptions, il did impose precrdi ng thr filing of thr ease instead of followin g the restrictio ns on a drbtor's ability to relocate assrts to fom1er guidelines, which were based on CLUTent monthly states such as Flo1ida, Iowa, Kansas, Souti1 Dakota, and income. Thr new method of calculation could pose prob- Texas that ha\·e w1limited homestead protections. !ems for recently unemp loyed debtors or those whose Cwwntly, unlimited stale homestead exemptions are ava ilable to th e debtor 180 clays after establ ishing res i- expenses are higher than th e IRS norm . dency in a sl ate. Under the new guidelines, if I he dC'bl or Dischargeable debts files for bankruptcy with in t wo years of moving to The Act wi ll significantly reduce the cloll,u· ammU1t of ai1other state, he will have to claim tlie homestPad exPmp- pre-filing aceu mulatecl "goods or sovices not reasonab ly tion of his previous state of residency. Once residency necessary for the suppoti or maintenance o ft I1C' clrbt or has been Pslablishecl for a minimwn oft wo yeai-s, he can or the debtor's dependents" that can be clischargecl. In claim onl y .· 1:25,000 of the state's ma,xirnurn honwstead addition it ~,ill increase U1C' time pe1iocl over which these allowai1ce. AJter three yeai-s of residency the debtor is luxury debts can be accumulated , thus all owing cred- eligible for the state' full exemption. it ors l o re covN larger amounts of outs tandin g debt. For exam ple, suppose John Doc relocate s fro m Creel it ea.rel debt in excess of $500 accu mulated within Georgia to F'lorida and purchases a $300,000 home. 90 clays of filing will not be discharged. Currently the law Within a yem of moving, John falls upon hai·cl limps and states that amounts in excess of . 1,:2:25 accumulated must file for bankruptcy protection. BPcausP John has GO clays plior to the nling cannot be dischru-gc•cl. The clis- li vPcl in Florid a for less than two years, he must use chargeable limit for cash aclvai1ces accumu lated w ithin Georgia's homestead exe mpt ion allowanc<' of $::i,000. 70 clays ( cuITently 60 clays) of filing will be reduced from John would havp been eligible for a $12::i,000 Pxemption $1,:2:25 to $7!:i0. F'urthermore the cash advanc·e limita- if he had filed for protrction two yeai·s or more after tions apply to any items purchased, not just luxury goocls. moving to Flo1ida. F'u11her, if Jolu1 had filed for protee- Counseling able to elaim the unlimited exemption alJowed in Florida t.i on after more than three years, he would have been The new law rPquires that debtors recei\·e c-rc•clit COLUl- srling prior to filing for bankruptcy, ancl ii mandates or the full \·aluP of his home. While somp slates offer w11imited homestead exPmp- financia l managc'mPnt training prior to clisc-llarges for ti ons, others offPr l imited exemptions or none at all. bankru pt cy. This credit counseling can bP proviclNI by HomestPacl Pxemption limitati ons for Sixth Dist riet a nonprofit budget and credit COLU1Seling agpncy apprm·ed States ai·e as follows: $5,000 for Georgia, Alabama, and by the l l. S. tnistee or bai1krnptcy administrator as pub- Tennessee; $1::i,000 for Louisiai1a; $75,000 for Mississippi ; lishccl by the clerk of the court. ApprovPcl agencies and LUilimit ecl exemption for Flmida. Alabai1ia, Georgia, are req uired to provide these services w ithout regard and Mississippi allow exempt ions to be doubled for cou- to the clebtor's ability to pay emo llnwnt fePs. The cou 1i ples !Uingjointly. Tenn essee allows a $7,500 exemption makes except ions when it determines that adequate for joint filPrs. Louisiana does not increase homestPacl counse ling se1Yices are not a\·ailablC', as well as for exPmption for joint filers. debtors who are incapacitated , disabled , or on acti\·e military duty in a combat zone. FEDERAL RESERVE https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis BANK In liPu of state exemption s, debtors may have the option of c laiming the federal homestead Pxemption OF ATLANTA thirteen of $18,450, but state law must authorize their right individual that has a stake in the bankruptcy case may to do so . fi le a plan up to the 300-day deadline. The previous time An additional limitation placed on homestead exemp- frames for these events were 100 and 160 days, respec- ti ons is an absolute $ 125, 000 maxi mum imposed on lively. Current ly Chapter 11 plans can drag on for years debtors who have been convicted of certain fraudulent because o f repeated fi lings for extensio ns. Extensions crimes or criminal acts that caused serious inj ury or death. are significantly resb.i cted under the new law. Un like other provisions of the law that go into effect The new regulato ry and reporting requirements for in October, the homestead exemption limitation rules small businesses are more onerous than in the past to were declared effective upon enactment of the law on ensure that reorganization plans are filed in a timely April 20, 2005. manner and that the businesses arc perfonning according to the plans. If, upon inspection of the business and Bankruptcy discharges review of re ports, the U.S. Trustee assigned to a parti- To cut down on the number of serial filings, the Act cular case determines that the reorganization will not lengthens the mnmmt of time stipulated between Chap- work, the b usiness can be directed more quickly into ter 7 filings from six years to eight years. Chapter 13 dis- liquidatio n to allow more timely repayment of creditors. chm·ges are not allowed within two years of a previous Chapter 13 filing or within fow- yea1,; of a Chapter 7, 11, or 12 filing. Other significant provisions The law will also requ ire changes to Regulation Z, Truth in Lending Act, to be in1plemented by the Bom·d of Small business provisions Governors. The a111endments will focus on minimum pay- The new law has specific requirements and reporting mc nt di sclosures and informa tion ; requirements for guidelines for small business debtm,; who apply for Chap- high loan-to-value credit extensions using the home as ter 11 reorganization. A small business debtor is defined collateral; a11d disclos ures for special rates, Internet- as a business (other than owning or operating real estate) based credit card soli citations, a nd late paym ent dead- having less than $2 million in debt. Some estimates indi- lines a11d penalties. cate that this defin ition covers over 80 percent of all Chap te r 11 filings. Fi ling status as a s ma ll business, which was previously optional, now appea1-s ma11datory to meet eligibility guidelines. Another new requirement states that within seven days Conclusion Revisions Lo the U. S. Ba11kruptcy Code by the 2005 Act accomplis h the goal of curbing abuses by limiting the possibi lities for manipulating the system to protect of filing for the order of relief, the small business debtor large amou nts of a massed wealth whil e charging off must sub mit a recent balance sheet, statement of opera- carelessly accrued debt. The Act also protects indivi- tions, records of cash-fl ow, and federal income tax inJor- duals who, based on fin ancial or other hards hi ps, tru ly mation. On a periodic basis small business debtors must qualify for and need ba11kruptcy protection. a lso file reports on profitability, projections of future Howeve r, while the new legislation provides cred- cash receipts and disbw-sements, compmisons of actual itors with in creased ability to collect on debt obliga- receipts and disbursements to earli e r projections, tions owed by consumers, it does nothing to constrain payment of taxes, and a statement of compliance with a buses by creditors who use mass marketing and lax bankruptcy rules, tax, and other governmental fili ng credit underwriting to lure consumers furth er and obligatio ns. Reporting requirements wil l not be man- further into debt without considerati on for the likely datory until official form s for such information have negative consequences. ♦ been developed. Under the new law the small business debtor has 180 T his article w as wri tte n by Lisa Easter wood, fi nan cial analyst in t he Supe1vision and Regulation di vi sion at the Atlanta Feel. days Lo file a reorganizatio n plan. Afte r that time any fou rt een https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis VOLUME 1 5, NUMBER 2 Sustainability and Scale: New Buzzwords or Tools for Survival? CURRENT ECONOMIC AND POLITICAL CONDITIONS CALL FOR NEW WAYS OF THINKING ABOUT COMMUNITY DEVELOPMENT. "SUSTAINABILITY" AND "SCALE" ARE CRUCIAL CONCEPTS IN TODAY'S TIGHT FUNDING ENVIRONMENT. ment is no different, and service providers have always grappled to make the most of their budgets. But now more than ever, organizations are being forced to look at additional ways to cut expenses, increase producti\ity, or both in response to funders' expectations. Funding is becoming so scarce and difficult to obtain t hat many commu nit y organizations may face demise unless they imp lement major changes. Some might argue that increased government spending is the solutio n to sustaining community development. But it's unrealistic to expect government funding to serve as a cure-all, given cunent policies and competing priorities. o r can t he collective resources of fin ancial institu tion s or ph ilanthropy keep pace with growing deman ds. Th e bottom line is that many commw1ity developmen t organi zations w ill need to rethink long-range plans as they eval uat e progran1 costs and assess thei r effective- As needs outstrip available resources, market forees drive stakeholders to cut costs through stru ctura l or ness. MaxirnLm1 internal effi ciency ,vi.II becomC' increasingly tJ1e starting point in seeking and justifying resources. fw1ctional combinations and greater standarclization in order to grow-or merely to su rvive. The commu nity development industry stands at an important crossroads, Leveraging resources through alliances Besides stri ving to max imi ze efficiency internal ly, and new approaches are essential for its con tinuing via- organizati ons can increase efficiency through leveraging bility. "Sustainability" and "scale" arc indeed more than externally. For example, two organ izations prmiding just new buzzwords. cWTerent yet complementary services can combine forces in sening the same community through an alliance or Funding pressures call for greater efficiency In a world of limited resources, all industrie e;,_rperi- merger. Combining two smaller organizations with the same mission is another form of external leverage. ence pressures lo increase productivity through gains in Leveraging can also be achieved through joint ventures efficiency to remain competitive. Com1mmity develop- or vaiious contract a.ITangements. FEDERAL RESERVE BANK OF ATLANTA https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis fifteen Granted, recommending leverage through alliances is easier said than clon e. I ssues often ari se concerning through standardization, so that an increase in production volume r0du ces the cost of each item produced. l eadership , control , and in ev itable st a ffin g cuts in a Th e push for great er scale comes largely from the merged organization. A success ful alliance requires that marketplace, which seeks consistent and predictab le both groups Lmderstand and recognize Lhc quantifiable standards Lo mitigate risk. Standardization creates larger val ue o r a combination-w ithout ever losing sight of markets by increasing participation Uu·ough gr 0atcr uncler- c learly defined goals about what's b0st for everyone, st,rnding, which in tmn fosters higher conlid0nce. especially the conummity being serv0cl . Clear communication that builds trust among all parties Individual organizations can achieve greater efliciencies of scale in small ways such as taking advantage of is vital, especially among the boards of dir ectors. In addi- external se1vice provi ders. For example, a small or nlid- tion to evaluating the structw-al aspects o f a merger, risks sizcd nonpro fit probably can't process its mvn payroll as should be ell.rplorecl thoroughly, includ ing legal matters. effi ci ently as an extern al payroll forn that has ach ieved Third par ty professionals can be 0ngagcd to provide cconomi0s or scale tlu-ough volume. guidan ce any step al ong the way. Achievi ng greater scal e w ill La.kc signifi cant time , especially sin ce so many nonprofits arc small shops. Improving marketplace sustainability In addition to looking at the sustainabili ty of individual organizations, conrn1unity deve lopment must also stlive Som0 organizati ons still lack I nternet acc0ss and even computers. But the wheels have been set in motion by market force's Lhat crave efficiency. for sustainability through efii cienl markets. For exan1ple, comm wlily development efforts that attract market-rate inv0stment stand a greater chance or creating momen- Reality check Th e inherent issue with the concepts of sustainability tum to benefit the entire commwlily over a shmier pe1iod ,md scale is that one size does not li t a.II. or time. This success reduces Lhe need for add itional definiti on are not designed to make money provid ing subsid ies, allowing funds to now into other proj ects. sc1v ices that the for-profit sector c;:mnot o ffer. Nor will Se1-ving more peopl e with fewer resource's furt her certain organizations ever be able to merge if geograpllic enhances effi ciency. In considering sustainability at the level of individuals onprolits by constraints or their specialty se1vices do not lend themselves to linkage with other groups. In these cases, th e and fanlilies, it has become apparent that creating afford- cost of provid ing services may be cl0emed preferable to able homeowi1ership must be complement ed by access incurring societal cost if the se1vi ces a.re not provided. lo mainstream banking products and servi ces. Co ntin- So discussions must remain real isti c and keep sight of uing reliance on expensive, fringe se1vic0 providers drains an organizati on's context. prec ious wealth-buil ding op port unity and t hrcatens per- Another realit y touchstone is recognizing that changes sonal fi nancial sustainability. At al l levels of conumulity oft en take sign i li ca.nt time. While an idea.I merger co uld bu.i.Jcl.ing, best practices maximize use of Lim ilcd resow-ces. occur in a matter of weeks or months, so me processes can Lake many yea.rs or even decades. Again , conti nued Encouraging more standardization What do we mean by the term "attain ing gr eater scale" viability shou ld be stressed as the rationale for advan cin g these concepts. in conumulity development? Although this broad concept can be clefmed in many ways depending on Lhe conlell.'t, econom ics of scale basical ly result in lower costs per The role of the Federal Reserve The Fed's Community Affairs fun ctio n promotes unit, whether one is consicle1ing loan transactions, invest- effective programs and fair lending to achieve greater ments, or numbers of customers s01ved. Efliciencies of econonlic stability in low- and moderate-income conm1u- scale are possible when fixed costs can be contained nities, largely tlu-ough facilitating pa.ttnerships, providing Digitized sixteen for FRASER https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis VO L UME 15, NUMBER 2 informal ion, and offering technical assistance. II is not fo r enhancing programs and organizational efficiency to the role of the Fed to advocate mergers or establish promote stronger cornrnLulities. ♦ induslly standards. Neverlheless the Federal Reserve Bank of Atlanta's T h is ai1 ic lC' was w r i t Len by Wayn e Smi t h, Comm u n ity Affa irs D irector al th e At lan ta F'cd. regional managers stand ready to discuss opportunities An Informed Discussion: Achieving Sustainability, Scale, and Impact in Community Development Finance representatives and other funders, as well as those In April 2005, the Federal Reserve System and the Aspen Institute's Economic Opportunities Program involved in related public policy areas can share co-sponsored the first of seven conferences to be held at ideas about the future of the CDFl/community development industry; various Reserve Banks and the Federal Reserve Board of • Encouraging future dialogue and action on the Governors over the next two years. The conference series is based on a paper by the Aspen industry and industry practices, and developing Institute's Economic Opportunities Program. Published techniques to measure the impact of new or modifled organizational and industry practices. by the Chicago Fed's Consumer and Community Affairs The record of the conference can be found as a link division in December 2004 in its periodical, Profitwise News and Views,' "New Pathways to Scale for Commu- from the Federal Reserve Bank of Chicago's public web- nity Development Finance" ' summarizes 10 case studies, site 3 or directly from http://innovationlabs.corn/aspen/ prirnruily private sector examples, of successful attempts Please refer to tllis resource as well as "New Pathways to broaden the impact and market reach of an assort- to Scale for Commwlity Development Finance" for com- ment of products, services, and orgatlizations. prehensive infom1ation on the subject of sustainability The conference's goals included the following: and scale. ♦ • Introduction of a new framework for scale and sustainability for the community development ' http://www.chicagofed.org/community_clevelopmenl/2004_ profitwise_news_ancl_views.cfm finru1ce field; • Exploration of new business models and practices 2 By Gregory A. Ratliff and Kirsten S. Moy, witl1 Laura Casotti, Steve Davidson, Catltie Mahon, and Freel Mendez. Funded by The F.B. Heron Foundation, The Fannie Mae Foundation, and tl1e John D. and Catl1erine T MacA.tthur Foundation. 3 http://www.chicagofed.org/comrnunity_developrnenU inclex.cfrn with potential for promoting scale and sustainability in the field; • Providing a forum in which bankers, community econonlic development professionals, foundation RESERVE BANK OF ATLANTA FEDERAL https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis seve nteen Protecting Our Military from Predatory Lenders THE MEN AND WOMEN WHO VOLUNTEER TO SERVE IN THE MILITARY, MANY OF WHOM ENLIST STRAIGHT OUT OF HIGH SCHOOL, OFTEN HAVE LIMITED EXPERIENCE IN FINANCIAL MATTERS. As they embark on a tour in the mi li tary, they may is purchase his dream car. Withi n a few months h e incur a number of expenses th ey have not had to bud- acquires tlu·ee credit cards and uses them to buy a stereo get fo r in the past. The average private or seaman and an assortment of other electronic luxrnies. already lives on a re latively low income, and he or she When Jim realizes he has other expenses he didn't typi cally cannot afford the burden of unreaso nably anti cipate, he goes to the local bank for a loan, but he h igh interest rates. soon learns he has too much debt to qualify. As a last Jim, w ho just graduated from high school, is excited resort he goes to a payday lender that has been sending about his new career in the mHitary. He can't believe he hjm solici tations in the mail. He bon-owsjust enough to has a j ob th at provi des room , board , food , and work get by, but he finds he doesn't have money to pay off the clothes in adclition to a paycheck. The first thing he does eighteen https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis debt at the encl of the month. So he refinances thjs debt over and over again to k eep CLm·ent. Jim is a fi cti onal character, but his story is typi cal for a large number of our service members throughout the world. According to the Fleet Reserve Association (FRA), a congressi onally chartered nonpro fit organizati on repres enting the in terests o f lJ.S. Navy, Marine Corps, and Coast Guard p ersonnel with regard to compensation, health car e, benefits, and quali ty-of-life programs, the probl em of indebtedness can affect service members' ability to function effectively. "This probl em is not just a personnel issue, but it's viewed as a readiness challenge. If service members fall into debt, they run the risk of being unable to deploy. They can lose secm·ity clearances and, more in1portantly, wi ll not be able to effectively focus on accomplishing their mission if consm11ecl with concerns about indebtedness," says an FRA r epresentative. VOLUME 15, NUMBER 2 Protective legislation new recruils and other se,vice members who find them- A bill has been proposed in Congress to protect om ser- selves in finan cial trouble. T he Department of Defense vi ce members and U1eir dependents against the w,ethical also collaborated with the FDIC to offer frncrncial educa- practices of predatory lending. T he Se1vicemembe rs tion workshops at more than 3,000 milita,y install ations Anti-Predatory Lending Protect ion Act wo uld pro hibit around the world. The FDIC''s Money Smmt !i na11cial creditors from imposing an annual percentage rate (APR) educati on progra111 cwTicuJum consists of 10 easy-to-teach greater tha11 36 percent on consumer credit extended to modules on basic frnancial topics such as choosing and a service member or service member's dependent. (The main tain ing a checkin g account, budgeting basics, th e average APR for a payday loan is 300 percent.) importance of savi ng, and how to bu il d and main tain The proposed law ma11dates loa11 disclosm es, inclucling a statement of th e APR for extension of credit, and a elem· description or the payment ob ligations. The legislation would also protect se1vi ce mem bers who m·e fo rced to continue taking out loa11s with higher good credit. Whil e these frna11c ial ed ucation seminm-s m·e helping ma11y or our se1vice members make wise financial decisions, adclit ional measures are clearly needed to dea l with the unethical business or preda to,y lend ing. and higher APRs th at make it impossible to repay th e original loan. Stipul ations prohibit a creditor from au tomatically r ene win g, re fin ancing, or cons oli dati ng credit w ith the proceeds of othe r credi t extended by An important debate Recognition of thi s prob lem by th e Department o r Defense is a positive step, as is the effort to enact legis- th e same cred itor w i tho ut maki ng a new loan doc u- lation to address many of these issues. ll owever, ques- ment in cl uding th e requ ired loan di sclosures, to be ti ons have arisen concerni ng the imp lemen tation of a signed by th e service member. law that req uires separate interest rates, clisclosm es, cU1cl The Servicemember-s Anti-Predatory Lending Protec- terms for the militm-y. If we view om milit ary personnel tion Ac t would preempt any state law, rule, or regulation, as a microcosm of the general public, perhaps we really including any stale usmy law, inconsistent with the legis- need broader legislation that protecls th e average cit izen lalion, unless state regulations provided additional pro- as well as mil itary servi ce members. Ongoing debate tection. C1iminal penalties me prescribed for violat ions. about this issue ultim ately helps build national momen- The ll onorable Sam Graves or Missouri, who intro- tlml against predatory lencl ing practices. ♦ clucecl the bill (HR 97) in the U.S. Ilouse of Representatives, pointed to rece nt cr edit industry studi es wh ich foun d that 26 percent of militmy households have clon e Tb is art iclr' was written by M ich,wl Mi ln er, regiona l comm uni ty devr' lop rn en t clircc-tor al the Atlanta Peel 's 13i rn 1in gham Branch. business with high-interest instan t lenders. "We can do better for our troops. These busin esses are gem·ecl towm-cl and are tm·geling our soldiers. Om men and women in w1ifom1 should not be treated like a niche mm·ket; we depend on them for om freedom a11cl owe them our gratitude, " Graves says. The bill, which was introduced in Ja11umy of 2005, has been referred to the Committee on Veterans Affair-s, a11d, as of July 2005, it remained in committee. Financial education is necessary but not sufficient A number of banks and credit uni ons have partnered with mi litmy bases to provide financial ed ucati on fo r FEDERAL RESERVE BANK https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis OF ATLANTA nin eteen Spotlight on the District !low do rural southern com munit ies achieve greater regions, w ith out regard to traditi onal po liti c-al bou nd- prospcri ly'I This question set the agenda al th e Southern arics. The stu dy advi ses combining resou rces regionally Growth Poli cies Board's an nual "Summ it on the Rural to scn'C the aggregate community more dTC'c-tivcly. In South" held in Poi nt Clear, AJabcmia, in .June 200!:i. most cases, regions in cl ude at least one metropo li tan This year's nwetin g feahffed prcscn tat ions of rural sueCTSS stories, innovative approaches to rural development, area to sc 1vc as a central hub. Experts argue that rural com m uni I ics must band together to achieve th e cr itical and academic· stu dies. It was chaired by I he l lonorable mass csscnl ial for competitiveness in rec ruiting industry Bob Ri ley, governor of Alabama. and other poknlial economic investnwn ls. The Board's an nual report, "The New Architecture of Rural ProspNity," synthesize d input from ovn 2,200 Entrepreneurship is vital to a stable community southe rn ers through focus groups, co mmunit y forums, Though most rural conm1w1ities make business recruit- and su 1veys. Five basic prerequ isites enlC'rgcd as cru cial menl the first p1iority, keynote speaker Mark Drabenstot1, f"o r the success of southern rmal commu nit ies: 1) strong, vice president and director of the Federal Reserve Bank forward- I hi n king leaders hip ; 2) st ral eg ies to mak e o f Kansas Cit y's Cent er for the Stud y of Rural Ameri ca, rural areas attracti ve to young peop le; :3) qualit y edu- believes th at "rural comm unities should pul more cmpha- cat io n; 4) prese rvati on of a dist inc-I ly ru ral charac ter; sis on cn treprPn eurship and less on recruiting ind ustry." and !:i) sl ratcgic investments in infrast r ue-lure. In fact , he believes rLU·al communities ncC'd to set entrepreneurship as their first p1i01ity and recruitment as their Recommendations to promote economic growth The annual report states that economi c- development la.st. Large businesses can put rural communities at risk tlu·ough plant closings and extensive layoffs. According must be approached as a set of interrelated act ivities to Drabensl ott , building a conm1unit y w ith a strong base that c-real C', expand , an d recruit businesses. Con I in uing of entrepreneurial ta.lent provides a more stab le enviro n- prospe rit y depends on managing co mmu niti es as in te- ment and hope for a better futm e. ♦ grated ent erprises. "The work of industri al recruiters and the ac tivities of capacity builders must be brought together to operate in harmony. Otherwise-, the recru iters may be pursuing call centers whilr ol hers try to buil d capacity for biotechnology firms ," tlw report says. The repo1i further recommends designing and manag- Thi s artic le was wriltm by Michael Mi lnN, reg ional c-o nrnrnnity dPvPlopnwnt di rec tor al the A tlanta Fed's Birmingham Branch. T lw Soullwrn Growth Pol icies Board is a pub li c--pri,·ate partnership dc•dic-ated to strengthening the South's economy and maximizing its quality of life. For more informal ion visit I heir websilP al llllp://www.so uthern.org/ ing econom ic- development along the li nes of ec-ononlic I wen I y https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis VOLUME 15, NUMBER 2 A unique part nership that includes fede ral and local gove rnm ent, the pri vate sector, faith -based organ- required lo make monthly deposits. O\·er a t wo-yea r p eri od c-lient s can save up lo $2 ,000, which will lw izalions, and soc ial se rv i ce programs is helping the matched by a maximum of $4,000 in federal and local working poor in Jackso nville, Flo ri da, move int o the fund s fo r a total possible savi ngs of $6,000. econom ic mainstream. IDA savi ngs accounts target low-income individuals Combining fundin g from a variet y of so urces, Fresh and families and may bC' used to purchase' a first homC', Ministries Individual Development Accoun t (IDA) Part - pursu e' post-secondary C' clu c-aLion o r j ob training, o r nC'r Group enab les families to build wealth and strive' for capit alize th e start-up or expan sion of a smal l business. economi c- independence. The group received a $1 mi llion The IDA program also coordinates wi th thC' Nm1heast grant from the fC'ciC'ral govenu11ent along with matching Florid a Prosperity Campaign and ot her com munit y fw1ds from the City of Jacksonville's Comm unity DC'vC' I- organi zati ons as well as the Atlanta Fed's .Jac ksonvi lle• opmC'n t Block Grant Program, Bank of Ameri ca, Com- bran ch. T hC' Campaign C'ncourages participants l o usC' munily Partnershi p for Protection of Ch ildren, and a the EarnC'd Income Tax Creclil (EITC) as a tool l o accu- p1ivat C' fow1d at ion. mulalC' savi ngs toward t hC' I DA goal. Fres h MinistriC's is a faith -basC'd organiza ti on that servC's the urban core neighborhoods of Jacksonvil le'. Its IDA Partner Group collaborates with nC'ighborhoocl- Biggest I e 1g for p o· ·ams ·s k . MarkC'ling their se1Y ices lo eligible' families has bC'C'n based nonprofit organizations, p1ivatC' SC'Cl or alTordable th e biggC'st chall enge for both the I DA ancl El TC pro- housing providers, and local govern ment agC'ncies, inducl- grams. Fo r many the program represC'nts lhC'ir first ing lhC' ,Jacksonville I lousing Authority, VC'stcor, FamiliC's opportunity to budgC't for and maintain rC'guku- savings, F'irst, .Jac ksonvi lle' Urban League, Community Pa11nC'r- and il sounds "loo good to be true. " ship for t he ProtC'ct ion o f Childre n, Fami ly CounsC' ling While nonC' of the pa.t1 icipants havC' c-ompletecl th C' pro- Se1vicC's, I labijax (1labitat for Humanity of Jacksonville), gram thus far, several arC' nearing thC'ir goals. SC'vC'nt y Operation New ll ope, and Conummily Connecti ons. percent arC' saving for th C' clownpaymC'nt on their first hom es. OnC' participant , Sheila Jenkins, a formC'rly f" a ·a1 :du .af n co n .n 0 CC'ntral to a succ-C'ss ful IDA program is a found ation of personal fin anc ial C'ducation. Pa.rlicipm1ts co mpiC' tC' a linm1c-ial educati on course and estab lish batik accounts providC'd by SunTru st Bank and Wa chovia. ThC'y arC' FEDERAL RESERVE BANK OF ATLANTA https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis homeiC'SS moth er o f live, used a pmiion of lwr Em-nC'cl Income' Tax Credit to staJi her IDA savings account , m1el she is now saving to buy a home. ♦ Th is artic lC' was writl C' n by .Janel Harner, rC'giona l cornrnuni l .V deve loprnC' nl managrr al I hC' Al l,ml a Fed 's .Jackso1will e bnmch. twenty - one FEDE R A L RESE RV E B ANK OF ATLAN T A COMMUN IT Y AFFA I R S DE P A RT MENT 1000 P E ACHTREE ST R EET , N . E . ATLANT A , GEORG I A 303 0 9 - 44 7 0 CHAN G E SE RVICE RE QUES TED STAFF VICE PRESIDENT StC'VC' FolC'y COMMUNITY AFFAIRS OFFICER Juan C. Sanc-hC'z COMMUNITY AFFAIRS DIRECTOR Waynr Smi th EDITOR .Jrnnif'C'r Cr irr PRODUCTION MANAGER llarriC' ll c Grissom STAFF WRITERS .]C'ssic-a Lr VC'('n Fa rr .lancl I la nwr Mike Miln rr Nancy Montoya CONTRIBUTING WRITER Lisa E:asl cr woocl DESIGNERS PrtN l l amill on Odie Swanrgan FrC'e su bsc ription and addi ti onal copiC'S arr a\'ai lab le upon requ est by mai l al lhC' Community Affairs Drparl rn C' nl add ress abm·r , or e-mail us al Pr1r/11 e1-s@a tl..frb.01:(J, or ca ll 404 /488-7287; FAX 404/488-7:342. The vi ews exp ressed an' not necessar ily I hose o f' I he Federal Reserve Bank of' Atlan ta or the Federa l RC'SC' tYC' SySIC'm. 1\rlaterial may bC' rrpri ntl' cl or abstracted prmicl C'cl that Part nrrs is credited and provi cl C' cl w ith a copy of thC' pub li c-al ion. www.frbatlanta.org https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis PRESORTED STANDARD U.S. POSTAGE PAID Atlan ta , GA Permit No. 292