March 2018 - FREE CONSULTATION

Bankruptcy Law, Debt Relief, Student Loans, Timothy Kingcade Posts

The Truth about Student Loan Debt Bankruptcies

Posted on March 30, 2018by Admin

When it comes to bankruptcy and student loan debt, there are some common misconceptions. One being, that student loans are never dischargeable in bankruptcy. In fact, there are ways to file for bankruptcy with student loan debt. Congress has yet to establish what “undue hardship” means with regard to students’ having their loans forgiven in bankruptcy; still, courts have set legal standards for proving it. In a new paper, Professor Jason Iuliano argues that bankruptcy courts have interpreted the discharge exception ‘too broadly,’ applying it to loans for unaccredited schools, loans for tutoring services, and loans beyond the cost of attendance for college.

The Bankruptcy Court for the Southern District of Texas recently adopted the narrow reading of §523(a)(8)(A)(ii) in Crocker v. Navient Solutions, LLC, Adv. 16-3175 (Bankr. S.D. Tx Mar. 26, 2018). The court denied Navient’s motion for summary judgment, finding that the bar exam study loan at issue was not within the discharge exception for qualified student loans or educational benefit repayments.

In another class action complaint filed against Navient and Sallie Mae, plaintiffs claim that servicers are defrauding student loan debtors of their bankruptcy discharge rights. Servicers illegally continued collecting private student loans that were fully discharged in bankruptcies because they were not qualified educational loans, according to the complaint in Homaidan v. Sallie Mae, Inc. (17-ap-01085 Bankr. EDNY),

There has been talk about potential changes coming to bankrupt borrowers’ ability to discharge student loan debt. Even student loans covered in the bankruptcy discharge exception can still be discharged based on showing “undue hardship” and courts are more likely to approve undue hardship discharges than many debtors and some lawyers realize.

Click here to read more on this story.

For borrowers who are struggling with student loan debt, relief options are available. Many student loan borrowers are unaware that they have rights and repayment options available to them, such as postponement of loan payments, reduction of payments or even a complete discharge of the debt. It is important you contact an experienced Miami bankruptcy attorney who can advise you of all 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 McMaken 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 McMaken website at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

What happens if I ignore a debt collector?

Posted on March 29, 2018by Admin

If you are unable to make payments on a debt, you may be tempted to turn a blind eye until you are able to come up with the money. But this is one of the worst things you can do. You always have the right to ignore a debt collector, but it will not make the debt go away. Here are some possible scenarios that can occur if you ignore a debt collector:

They leave you alone. You might think this is a good thing and perhaps the debt collector has forgotten about your debt. But this is unfortunately not the case.

Your credit score suffers. A past due debt will appear on your credit report regardless of whether you respond to debt collection attempts or not.

Your debt is transferred to another company. If the first collector is unable to reach you after repeated attempts, your account can wind up with a different agency. This can happen a number of times if the balance remains unpaid.

The debt continues to grow. Just because you stop paying your debt, does not mean the interest stops growing. Add on collection costs and this can cause the debt to double over time.

They reach out to people you know. Debt collectors can reach out to people who know you to try and locate you, especially if you have changed your phone number or address to avoid collection attempts. They are not allowed to tell them about your debt. Revealing debt to third parties (i.e. – family, neighbors, friends, co-workers, etc.) is a violation of the Fair Debt Collection Practices Act (FDCPA).

A lawsuit is filed against you. Ignoring a debt and failing to communicate with a debt collector can result in you being sued. You can try your best to defend yourself, but if a judgment is entered against you it can result in wage garnishment and even funds being withdrawn from your bank account to pay off the debt.

Stress mounts. The stress of debt can cause anxiety, sleepless nights, even marital problems. Avoiding debt collectors can leave you on the edge, wondering when the next phone call will be or collection letter will arrive in the mail.

Click here to read more on this story.

If you have any questions on this topic or are struggling with out of control credit card debt, 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 McMaken 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 McMaken website at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

‘Zombie’ Debt Collections Plague South Florida

Posted on March 28, 2018by Admin

According to a recent study, invalid and illegal debt collections are at a record high in the Sunshine State. The practice also referred to as ‘zombie debt collections’ is defined as attempts to collect debts not owed, those that were already paid or discharged in bankruptcy, debts owed by someone else, or are a result of identity theft. Typically, this debt collection practice is done by third-parties, who have collected these debts written off by the original creditor.

If you feel you have been a victim of zombie debt collection, first request that the debt collector provide you written documentation verifying the debt and check for any discrepancies. It is important that you respond to all court summonses to ensure that a debt collector does not win a court case by default.

Last week, the Federal Trade Commission declared in a new report that Florida is the scam capital of the nation, with nearly 2.7 million consumer complaints made to the agency in 2017. The top categories included: debt collection, impostor scams, identity theft, phone and mobile, and banks and lenders.

Click here to read more on this story.

Credit, Debt Relief, Timothy Kingcade Posts

Are you paying off your credit cards the right way?

Posted on March 26, 2018by Admin

If you have multiple credit cards you are making payments toward, paying off the cards in the right order can make all the difference in how quickly you get out of debt. Turns out most consumers are using a repayment strategy that takes longer and costs more than it has to.

Here are some quick tips to help you tackle credit card debt the right way:

Go above the minimum. When you receive your credit card statement, it will include the minimum monthly payment you are required to make. This is typically 2 to 5 percent of your entire balance. Paying only the minimum will have you avoid late fees and keep you from being reported to the credit agencies, but that is about it. Depending on the interest rate of your credit cards, paying only the minimum could keep you in debt for 30+ years!

Avoid balance-matching. According to a recent study, many consumers are allocating their credit card payments in proportion to the balances on each account. For example, bigger payments are going towards cards with bigger balances, while smaller payments are going towards cards with smaller balances, also known as “balance-matching.” The problem with this strategy is it avoids the interest rate entirely, which is a determining factor in how long it will take you to pay off the debt.

Utilize the debt avalanche method. This is the optimal payment method and requires making additional payments to your highest-interest cards, first while making only the minimum payments to your lower interest credit cards. Once your highest-interest credit card is paid off, move to the next highest-interest card, and so on, until your debt is eliminated. This debt elimination strategy ignores the balances and uses only the interest rate to determine how to allocate payments.

Click here to read more on this story.

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Myths about bankruptcy and your credit score debunked

Posted on March 22, 2018by Admin

There are many misconceptions surrounding the amount of time it takes to rebuild your credit after bankruptcy. We are clearing up some of the common misconceptions about how bankruptcy affects your credit score.

Myth #1: All bankruptcy information stays on your credit report for ten years.

The Truth: Only the public record of a Chapter 7 bankruptcy lasts for ten years. All other bankruptcy references remain on your credit report for seven years, including: Line items stating “account included in bankruptcy;” Third-party collection debts, judgments and tax liens discharged in bankruptcy and Chapter 13 public record items. Once these items begin to disappear, you will see a bigger boost to your credit score.

Myth #2: You will have poor credit as long as the bankruptcy information stays on your credit report.

The Truth: This is one of the biggest misconceptions and one that our clients can tell you is a complete myth.

My credit score said on all three reports 775, I couldn’t believe that I had such a great score before 10 years. Tim for me was the best move I have made for my situation. I have no regrets, I am glad the past is the past. – Bill T.

Hi Tim- I just wanted to send a quick note and thank you and your team for handling my bankruptcy case. It is only a month or two after discharge, and my credit scores are already in the upper 600’s. I’ve sent a screenshot in the event that you would like to use this to show prospective clients. – C.S.

You can begin to build your credit back with smart credit management. Within a few years, you can obtain a “good” credit score ranging from 700 – 749 by doing the following:

Adding new credit, such as secured credit cards or small installment loans, to offset the negative information on your credit report;
Making on-time payments for all debt, new and old;
Keeping your credit card balances under 30% utilization.

Myth #3: Bankruptcy affects the credit of all filers equally, regardless of the amount of debt.

The Truth: Your credit score will factor in details such as the amount of debt discharged and the proportion of negative to positive accounts on your credit report. If you have a low amount of debt and only a few accounts included in your bankruptcy, your credit score will be higher than someone with a more severe bankruptcy case.

Myth #4: You cannot get a credit card or loan after filing for bankruptcy.

The Truth: Credit cards are one of the best ways to begin rebuilding your credit and you will be surprised how quickly offers for them will appear in your mailbox after filing for bankruptcy. Secured credit cards, which require an upfront security deposit, allow you to spend and build credit easily and safely.

Myth #5: Bankruptcy will ruin your credit forever.

The Truth: Bankruptcy will damage your credit in the short term, but practicing good financial habits, can rebuild your credit to be stronger than ever. A report from the Federal Reserve Bank of Philadelphia showed that those who filed for Chapter 7 bankruptcy in 2010 had an average credit score of 538.2 on Equifax’s scale of 280 to 850. But the average score jumped to 620 by the time those bankruptcies were finalized, approximately six to eight months later. There are many ways to rebuild your credit after filing for bankruptcy. There are certain limitations you will face after filing, but taking advantage of the right financial tools can go a long way in helping you get back on the right path for your financial future.

If you have any questions on this topic or are in financial crisis and considering filing for 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 McMaken 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 McMaken website at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Steps to Take if You Want to Buy a Home after Bankruptcy

Posted on March 21, 2018by Admin

After filing for bankruptcy, you are going to want to begin rebuilding your credit as soon as possible. You can start by checking your FREE annual credit report on AnnualCreditReport.com to get reports from the three major credit bureaus: Equifax, TransUnion and Experian.

Your report may show late and missed payments on credit cards, mortgages and credit accounts you may have opened or closed. Bankruptcy provides you with a clean slate, which means you have a second chance to pay your bills on-time and in full.

If your credit score is in the low 600s, your credit is still too low for most decent loans with good terms, but you can work quickly to get it back up in the mid-700s.

After bankruptcy, when accessing and utilizing credit again, keep your credit card balances relatively low compared to the card’s limit. For example, less than 30% is typically advised while using just 10% of the available credit is even better.

Once your credit score improves, you can then find the right mortgage lender, real estate agent, and the right attorney to move forward with the purchase of your new home.

Still not convinced? A testimonial from one of our clients in regards to their credit score after filing for bankruptcy.

Bankruptcy Law, Student Loans, Timothy Kingcade Posts

Will Student Loans Be Discharged In Bankruptcy Under Trump Administration?

Posted on March 19, 2018by Admin

For years, the fact that student loan debt stayed with bankruptcy filers kept individuals sinking in personal debt from filing for bankruptcy. That may all change with a recent statement made by the current administration.

According to the Department of Education, the possibility of borrowers having their student loans discharged in bankruptcy is becoming more of a reality. In fact, the Department is opening comments with respect to individuals requesting an undue hardship discharge of their student loan debt in bankruptcy.

Student loan balances have sky-rocketed over the past few years to an all-time high of $1.4 trillion. The average balance held is now at $34,144, which has gone up 62 percent over the past ten years.

As of September 30, 2017, approximately 4.6 million student loan borrowers were in default on their loans. The Department of Education now has the national student loan default rate at somewhere over 11 percent. To be in default, a borrower has to have missed making monthly payments for 270 days.

Of course, the fact that the Department is opening the comment period does not guarantee a policy change, but at the least, the Department is interested in hearing what borrowers have to say.

Currently if a borrower is facing issues with student loan debts, the first steps he or she is recommended to take is to postpone payments with either a deferment or forbearance. A deferment will let the borrower put the loan on hold for a period of up to three years, allowing them to catch up on other debts. However, the borrower does have to qualify for a deferment, and if he or she does not qualify, a deferment allows the borrower to at least temporarily suspend student loan payments for a period up to one year. This allows some temporary relief in terms of the large payments student loans often incur, but remember during this time the interest on the loan will continue to accrue and be added to your total balance.

If deferment and forbearance are not options, working with the lender on an income-based repayment plan can allow the borrower to pay a percentage based on his or her income, rather than a flat rate. However, even this option requires the borrower to be at a certain income level.

Student loan discharge is not currently a complete impossibility, but it is an uphill battle. Two legal tests are currently used by courts to determine if a borrower qualifies for student loan debt forgiveness in bankruptcy. Under the Brunner test, the borrower has to be at a certain poverty level such that he or she cannot maintain a minimal standard of living for himself or his or her dependents, the financial situation is likely to persist for a significant period of the repayment period and the borrower has made good faith efforts in repaying student loans. The Totality of the Circumstances test allows courts to look at all relevant factors in the case to determine if forcing the borrower to repay back his or her student loan would be an undue hardship. Both tests require the borrower present evidence and testify in bankruptcy court to get the student loan debt discharged.

Click here to read more on this story.

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

What happens if a creditor tries to collect on a debt during my bankruptcy?

Posted on March 16, 2018by Admin

After you file for bankruptcy, creditors are not allowed to contact you regarding any debt you owe; they must deal only with your attorney. The protections allotted by the bankruptcy automatic stay prohibit all collection activity, including legal action, wage garnishment, even contact by phone or mail in an attempt to collect on a debt.

There are a few exceptions. For example, the automatic stay does not stop criminal cases, some child support actions, and certain eviction cases. The automatic stay also does not apply to debts incurred after the bankruptcy case was filed. Here’s how to determine if a creditor violated the automatic stay and what you can do if a creditor continues trying to collect a debt.

The penalties for violating the automatic stay depend on the nature of the violation and whether it was done with deliberate disregard for the bankruptcy filing. You have several options if a creditor continues to pursue a debt in violation of the automatic stay.

Tell the creditor about your bankruptcy. Most debt collectors will stop contacting you if you tell them this. Many times the debt collector is unaware of your case. For example, if a collector garnishes your wages after the bankruptcy case is filed, it must immediately return the money.

Notify the bankruptcy court. If the collection attempts continue, the next step is to notify the bankruptcy court. The court can sanction the collector for violating its automatic stay order.

File a lawsuit. If a debt collector continues to try and collect on the debt, it may not only be violating the automatic stay but also other state and federal laws including, the Fair Debt Collection Practices Act (FDCPA).

Our firm works to hold creditors accountable for violating the protections allotted by the U.S. bankruptcy laws. Recently, our firm’s motion was granted by a Florida judge in a case that held the creditor in contempt of court for violating the automatic stay in a Miami bankruptcy case. The Order directed the creditor to cease and desist all eviction proceedings until further order of the court. The creditor in this case was also required to pay attorneys’ fees for our firm having to bring forth the motion to enforce the automatic stay to protect our client.

If you are dealing with a creditor you think may have violated the automatic stay, contact your attorney immediately. An experienced Miami bankruptcy attorney will know whether the contact was innocent in nature or a willful violation worth pursuing.

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

U.S. Credit Card Debt Exceeds $1 Trillion for the First Time

Posted on March 14, 2018by Admin

Consumer credit card debt in the United States has exceeded $1 trillion for the first time, according to a recent study by WalletHub. The average U.S. household owes $8,600 on credit cards. Florida is in the top 5 states with the highest credit card debt burden, according to CreditCards.com.

Financial experts attribute this increase to consumer confidence. In the fourth quarter of 2017 alone, consumers added $67.6 billion while the charge-off rate remained at historic lows. Charge-off rate refers to the percentage of credit card users whose unpaid balances credit card companies are unable to collect.

Household indebtedness in the fourth-quarter rose to $13.15 trillion from $12.96 trillion in the third quarter, an increase of 1.5 percent. Mortgages accounted for the largest component of household debt, according to a quarterly report published by the Federal Reserve Bank of New York.

In addition, the average credit score for U.S. consumers has declined. It is now 675, just four points lower than the average in 2007, according to consumer credit reporting agency Experian.

Click here to read more on this story.

If you have any questions on this topic or are in financial crisis and considering filing for 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 McMaken, 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 McMaken website at www.miamibankruptcy.com.

Bankruptcy Law, Debt Relief, Timothy Kingcade Posts

Nearly 1 in 5 Americans Have Substantial Medical Debt

Posted on March 13, 2018by Admin

Medical debt is a leading cause of personal bankruptcy in the United States. Even if you recover from the illness, the medical debt can remain. This can be made even worse by constant calls from debt collectors. If you are struggling with medical debt, you are not alone. Nearly one in five Americans has delinquent medical debt on their credit reports.

Many times this medical debt can be bought and sold for pennies on the dollar. For example, a collection agency can spend ten dollars to purchase $1,000 worth of debt. Yet, the collectors will still attempt to get the full amount from people who owe the debt.

You may be tempted to ignore a medical debt lawsuit and hope it goes away, but this is one of the worst things you can do because the debt collector will automatically win by default. There are steps you can take if you are facing a medical debt lawsuit.

Click here to read more on this story.

Those who have experienced illness or injury and found themselves overwhelmed with medical debt should contact an experienced Miami bankruptcy attorney. In bankruptcy, medical bills are considered general unsecured debts just like credit cards. This means that medical bills do not receive priority treatment and can easily be discharged in bankruptcy. Bankruptcy laws were created to help people resolve overwhelming debt and gain a fresh financial start. Bankruptcy attorney 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 McMaken, 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 McMaken website at www.miamibankruptcy.com.