Hidden Rolex Unravels Bankruptcy Case in South Florida

May 1, 2015 Posted by kingcade

Bankruptcy officials in South Florida discovered a couple was hiding assets from the courts while filing for Chapter 7 bankruptcy protection. When bankruptcy trustees paid a surprise visit to the couple’s home, they discovered a Presidential Rolex watch suddenly disappeared from the wife’s wrist. The discovery led to investigators uncovering $120,000 worth of hidden assets in the form of jewelry and artwork, all of which the couple claimed to have pawned.

The judge decided to reject the couple’s request to discharge their debts totaling $2.9 million as a result of the lies and concealing assets. Seven years after their failed attempt at filing for bankruptcy protection, the couple was charged with one count of bankruptcy fraud and sentenced to one year and one day in federal prison.

The couple still owes all of the original debts plus an additional $27,295 in restitution owed for the trustee’s services. The couple’s behavior caused them to lose their homes and their personal belongings, including family heirlooms, jewelry and clothing, much of which was auctioned off at “fire sale prices.”

This case comes as a warning to anyone considering hiding assets when filing for bankruptcy.  This can include: lying about owning assets, transferring assets into someone else’s name or creating fake liens or mortgages to make assets look as if they have no value. When you file for bankruptcy, you must disclose everything you own and all your debts, in exchange for having your debts “discharged.”  If you do not fully disclose your assets, you will not be granted a discharge.  However, this is just one of the consequences you will face.  You will also be subject to criminal penalties and will not be able to discharge those debts in subsequent bankruptcies.

Click here to read more on this story.

If you are in a financial crisis and are considering filing bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

 

Nearly 16 Percent of Retired NFL Players Go Bankrupt

April 30, 2015 Posted by kingcade

A recent statistic from the National Bureau of Economic Research (NBER) revealed that 15.7 percent of NFL players have filed for bankruptcy 12 years after retirement.  For many of us it’s hard to believe how professional athletes, who earn so much money, could end up bankrupt.

The report entitled, “Bankruptcy Rates Among NFL Players with Short-Lived Income Spikes,” focused on the traditional model of “consumption smoothing.” An athlete’s income peaks almost immediately after school while they are still very young, the exact opposite of most Americans.  They retire young and in the vast majority of cases, never earn at the same levels.  Because of this model, it is difficult for them to save.  They are often taken advantage of financially and ill-equipped to manage the amounts of money they are earning at the time.

The data finds that bankruptcy filings begin “very soon after retirement” (but just 1.9% of retirees have filed after two years) and “continue at a substantial rate through at least the first 12 years of retirement.”   Surprisingly, the bankruptcy rates were not affected by a player’s career length.  Meaning: playing for longer did not make it any less likely a player would go bankrupt.

The report includes data on all players drafted to the NFL from 1996 to 2003.

Click here to read more on retired NFL players going bankrupt.

If you are in a financial crisis and are considering filing bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

 

Comparing Rates when Refinancing Could Save You $24k

April 29, 2015 Posted by kingcade

If you are considering refinancing your mortgage, you would be cheating yourself if you did not shop the mortgage lenders, first.  If you were car shopping, would you visit only one dealer?  If purchasing an airline ticket, would you make your selection from just one airline?

A new study by LendingTree revealed that homeowners who shopped around saved significant amounts of money. On average, those who compared at least two different mortgage lenders saved up to $11,000. Those who compared three lenders saved up to $16,000 over the life of the loan. Those who compared five different mortgage lenders had the potential to save up to $24,000 because of the difference in interest rates.

The study also revealed that there are available interest rates as low as 2.63 percent. Rates have recently reached historically low numbers, but they are steadily climbing.  Now is the perfect time to refinance and maximize your savings.

Click here to read more on how you can save thousands when refinancing.

Choosing the right attorney can make the difference between whether or not you can keep your home. A well-qualified Miami foreclosure defense attorney will not only help you keep your home, but they will be able to negotiate a loan that has payments you can afford. Miami foreclosure defense attorney Timothy Kingcade has helped many facing foreclosure alleviate their stress by letting them stay in their homes for at least another year, allowing them to re-organize their lives. If you have any questions on the topic of foreclosure please feel free to contact me at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

 

March Bankruptcy Filings Down 12 Percent

April 28, 2015 Posted by kingcade

Bankruptcy filings for the end of March 2015 were down 12 percent from the previous year, according to the Administrative Office of the U.S. Courts. Total bankruptcy filings as of March 31, 2015 from the past twelve months totaled 911,086 compared to the previous 12-month period, which totaled 1,038,280.

Of the 911,086 filings between March 2014 and March 2015, 884,956 were non-business bankruptcy filings. More than 300,000 of those were Chapter 13 proceedings, 26,130 were Chapter 7 proceedings, 7,053 were Chapter 11 and only 354 were Chapter 12.

Click here to read more on the decrease in bankruptcy filings.

If you are in a financial crisis and are considering filing bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

 

7 Signs You Should File Bankruptcy

April 27, 2015 Posted by kingcade

If you are experiencing extreme financial hardship, filing for bankruptcy can be one of the best decisions you make. Below are seven signs you should move forward with filing for bankruptcy.

  1. Putting everyday necessities on credit cards. If you are racking up credit cards with everyday necessities, like groceries and gas, it may be time to move forward with your bankruptcy filing. Oftentimes we see clients spending nearly their entire paycheck on debt repayment. This becomes a vicious cycle. You continue to accrue interest and finance charges on these cards, and eventually you will owe more than you can ever afford to pay off.
  2. Paying credit cards with credit cards. Another sign bankruptcy protection might be the answer for you is if you are making one credit card payment with another credit card. If you are regularly taking out cash advances to pay another cash advance loan, you are only postponing your debt repayment, not lessening it.
  3. Interest rates rising. If your lenders are increasing your interest rates due to missed payments, you may want to consider filing for bankruptcy. If you start missing payments, lenders, particularly credit card companies will raise your interest rate by as much as 30%! If your interest rate is that high, you are only paying interest each month and not the balance.
  4. Working multiple jobs. If you are working two or three jobs and still struggling financially, bankruptcy may be your best option. Oftentimes, an extra income is enough to reduce your debt. If you are still lagging behind on your bills while working multiple jobs, you may need to consider more drastic options.
  5. Being sued / facing wage garnishment. If your lenders are pursuing a court order to garnish your wages, you should consider filing for bankruptcy protection. If the lenders are successful, they will make an arrangement with your bank or your employer to take money directly from your paycheck. If this happens, it can lead to more financial problems.
  6. Debt affecting your work and personal life. If your financial stress is affecting your work and personal life, you may want to consider filing for bankruptcy. Your financial problems will become much worse if your performance suffers and you are fired. Filing for bankruptcy will give you a fresh start with your finances and eliminate the financial stress and pressure you have been under.
  7. Dipping into retirement accounts. If you are considering taking money from your retirement account to pay your current debt, bankruptcy is a better option. Keep in mind, most retirement accounts are protected in bankruptcy, therefore you should avoid pulling out any money before you file.

If you are in a financial crisis and are considering filing bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Related Resources:

http://www.moneycrashers.com/when-reasons-why-file-bankruptcy/

Palm Beach Judge Withdraws Foreclosure “Speed Up” Rule

April 24, 2015 Posted by kingcade

Chief Palm Beach Circuit Judge Jeffrey Colbath withdrew his latest proposed rule aimed at speeding up foreclosure cases. This rule came after the Florida Supreme Court local rules advisory committee rejected the 2014 administrative order intended to sweep through the backlog of foreclosure cases. The rule is based on the idea that a docket of more than 20,000 foreclosure cases created a crisis and would deplete judicial resources.

If Judge Colbath’s rule had gone into effect, lenders and borrowers would have 60 days after motions are filed to respond. After that, judges would be allowed to make decisions based on the filings alone. Judges would have also had the discretion to waive the requirement where attorneys must make two phone calls to attempt to resolve issues. The proposed rule would require them to “make reasonable efforts to speak to one another.”

Judge Colbath’s withdrawal came just one day before Circuit Judge Richard Oftedal issued a standing order with the intent to accomplish the same thing.

Click here to read more on this story.

Choosing the right attorney can make the difference between whether or not you can keep your home. A well-qualified Miami foreclosure defense attorney will not only help you keep your home, but they will be able to negotiate a loan that has payments you can afford. Miami foreclosure defense attorney Timothy Kingcade has helped many facing foreclosure alleviate their stress by letting them stay in their homes for at least another year, allowing them to re-organize their lives. If you have any questions on the topic of foreclosure please feel free to contact me at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

New Policy makes Medical Debt a Little Less Scary

April 23, 2015 Posted by kingcade

New York Attorney General Eric Schneiderman has reached an agreement with the three major credit bureaus that will help eliminate stress for consumers burdened by medical debt. The new policy will wait 180 days before adding delinquent medical bills to consumers’ credit reports. This means consumers will have a grace period to navigate through the tangled web of payments and reimbursements. Consumers often endure months of stress, going back and forth with insurance companies and doctors, to determine how much they actually owe.

The Consumer Protection Financial Bureau published a report in December 2014 that revealed many consumers who were behind on paying medical bills showed no other signs of financial distress. The report also revealed that 22% of those consumers have only medical bills showing up as unpaid on their credit reports.

According to the CPFB many of those consumers were unaware of their outstanding medical bills.  In some cases, this outstanding debt has been a barrier for consumers applying for a mortgage or even getting a new job.

Although positive changes are being made to assist those with medical debt, consumers still face many problems involving substantial medical debt, including:

  1. Determining exactly what they owe and to whom they owe it to. Consumers can often accrue multiple bills from a single hospital visit;
  2. The size of medical bills in comparison to their income and other expenses;
  3. Medical debt is often unforeseen and therefore many consumers have little savings to deal with the financial impact of such debt.

Click here to read more on this story.

If you are in a financial crisis and are considering filing bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com

Miami Bankruptcy Attorney Timothy S. Kingcade Receives the AVVO Clients’ Choice Award 2015

April 22, 2015 Posted by kingcade

Managing Shareholder, Timothy S. Kingcade of the Miami-based law firm of Kingcade & Garcia, P.A. was recently honored with the 2015 AVVO Clients’ Choice Award.  In order to achieve this honor, an attorney must have received five or more exceptional client reviews within the last year.

One of attorney Kingcade’s reviews on AVVO had this to say, “It’s never easy for a hard working, honest person to file for bankruptcy. But after years of struggling with a workplace injury, decreased earnings, and a dishonest bank, it was time to make a quality decision. I am so grateful that we chose the Law Firm of Kingcade & Garcia!  From the very first interview, it was clear; Mr. Kingcade was no ordinary attorney.  There is no question Mr. Kingcade is a brilliant legal intellect, but what is most striking is the sincere passion he has for his work.  Fighting for families in financial straits is not just a career, but a calling for him. He truly understands the negative impact financial hardships have on couples and families. His confidence, transparency and availability, afforded us peace-of-mind we hadn’t had in a long time! Excellence is not just concentrated behind Mr. Kingcade’s desk. It permeates the entire office. As a result, our bankruptcy was completed according to plan and ahead of schedule!”

Timothy S. Kingcade founded the law firm of Kingcade & Garcia, P.A., in 1996. Today, he and his firm handle more than one thousand bankruptcy filings each year. As Managing Shareholder of Kingcade & Garcia, P.A., Timothy and his firm represent clients throughout the State of Florida in Chapter 7 bankruptcy, foreclosure defense, personal injury and PIP claims. To compliment Attorney Kingcade’s extensive legal experience, he is also a certified public accountant (CPA), which provides him with a unique understanding of how to handle tax-motivated bankruptcy cases against the IRS.

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Miami-based Kingcade & Garcia, P.A. was established by managing partner and attorney, Timothy S. Kingcade in 1996. The firm represents clients throughout the State of Florida in Chapter 7 bankruptcy, foreclosure defense, personal injury and PIP claims. The firm is committed to providing personalized service to each and every client. The office environment and the service provided are centered on a culture of superior client care. Additionally, all attorneys and staff members at the firm are bilingual speaking Spanish.

30-Year Mortgage Interest Rates Rise to 3.67 Percent

April 21, 2015 Posted by kingcade

After months of historically low interest rates, Freddie Mac released that the average 30-year mortgage rates rose slightly last week to 3.67 percent, up from 3.66 percent. The average 15-year mortgage rate rose from 2.93 percent to 2.94 percent. This time last year, the average 30-year mortgage rate was 4.27 percent and the 15-year rate was 3.33 percent.

The record low rate was in November and December of 2012, when the average 30-year rate reached 3.35 percent and the 15-year rate dropped to 2.66 percent. Rates remained low through the first quarter even though the Federal Reserve ended its monthly bond purchases last October, designed to maintain long-term rates. The Federal Reserve recently released that short-term rates will not rise any time soon after more than six years at zero.

Recent hiring gains have failed to create a stronger housing market. Home construction is down 2.5 percent from March 2014, according to the Commerce Department. Although the economy has experienced steady job growth, low mortgage rates and cheaper gas, the real estate market has yet to experience a significant boost.

Click here to read more on this story.

Choosing the right attorney can make the difference between whether or not you can keep your home. A well-qualified Miami foreclosure defense attorney will not only help you keep your home, but they will be able to negotiate a loan that has payments you can afford. Miami foreclosure defense attorney Timothy Kingcade has helped many facing foreclosure alleviate their stress by letting them stay in their homes for at least another year, allowing them to re-organize their lives. If you have any questions on the topic of foreclosure please feel free to contact me at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

The WRONG Reasons to File Bankruptcy

April 20, 2015 Posted by kingcade

Although you may be receiving unwanted collections calls and falling behind on some bills, bankruptcy may not be the best option for you. There are certain types of debt which bankruptcy cannot erase. For example, back child support, alimony obligations, student loans and certain tax debts are non-dischargeable in bankruptcy.

Below are four reasons you should NOT file for bankruptcy:

1. You cannot make small payments on unsecured debt. Unsecured debt consists of most credit card debt and medical bills. In other words, it is debt that the lender has allowed you to run up without asking for a collateral in return. If you default on unsecured debt, the lender has nothing to repossess. Most consumers think that failing to make these payments will result in wage garnishment or other significant consequences.   However, most lenders cannot take action unless they sue you. This can oftentimes be a lengthy process, providing you time to come up with the payments. If the amount you owe is small, the lender may write it off as uncollectable, rather than taking legal action. There are also options such as the negotiation of your interest rate or being placed on a realistic payment plan.

2. You want debt collectors to stop contacting you. The Fair Debt Collection Practices Act (FDCPA) requires debt collectors stop contacting you if you ask them. You must send the collection company a certified letter requesting this. After you have taken such action, it is against the law for the collection company to contact you, except to let you know they are either going to take legal action against you or stop their collection efforts.

3. Most of your debts are from recent income taxes, court judgments, child support payments or student loans. These are some of the debts that are oftentimes non-dischargeable in bankruptcy court. Filing for bankruptcy will not relieve you of these type debts.

4. You do not have any assets or income outside of Social Security, unemployment or welfare. Creditors cannot garnish your Social Security income, unemployment or welfare, even if they sue you. It is not necessary to file bankruptcy if you do not have an income that creditors can take or assets they can seize.

Click here to read more on the wrong reasons to file bankruptcy.

If you are in a financial crisis and are considering filing bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.