Consumer Bankruptcy

What to Expect Before, During and After Filing for Bankruptcy

The process of filing for bankruptcy can seem daunting. The uncertainty behind the process often drives the fear of the unknown, which keeps many people from taking the steps needed to file bankruptcy. Pulling back the curtain and knowing what to expect when filing for bankruptcy can help clear up any myths or misconceptions surrounding bankruptcy.

It can be difficult for someone to admit that they need financial help. Many see filing bankruptcy as admitting failure or hitting financial rock bottom, when in fact it’s a chance to start again, fresh.

If you have decided filing for bankruptcy is right for you, the first step is whether to hire a lawyer to help you through the process. It is possible to file a bankruptcy case and go through the process without the assistance of an attorney but paying a legal professional to handle the paperwork and necessary steps will ensure that the case moves along smoothly. Bankruptcy law is complex and making a simple mistake on one or more of the forms submitted can result in the case being dismissed or rejected from the start.

The initial process of filing for bankruptcy involves a series of steps that must be followed. What these steps entail depends on the type of bankruptcy case being filed.

To qualify for Chapter 7 bankruptcy, the filer must pass the means test. Through this test, the filer must show that his or her income is less than the median income for the State of Florida. A Chapter 7 bankruptcy case discharges most of the filer’s personal debts, with the exception of a handful of others, such as tax debts, spousal support, and student loan debt. The bankruptcy trustee will take the assets not covered by exemptions and will sell these assets, using the proceeds from them to pay off qualifying debts. If the individual does not qualify under the means test, he or she can pursue a Chapter 13 case.

To file for bankruptcy, the consumer must first gather all necessary documents he or she needs, including paychecks, bank statements, retirement account statements, tax returns, appraisals for real estate, vehicle registrations, and any other documents he or she has relating to debts owed or assets owned. The filer must also complete a credit counseling course before and after filing. The fee to take these courses is normally $50.

Additionally, the filer will need to fill out all bankruptcy forms, including the petition to file in bankruptcy court. Filing fees accompany these forms, and the fees and all documents will be filed with the court and forwarded to the bankruptcy trustee.

After the case is initiated, the filer will need to attend a meeting with his or her creditors, along with the bankruptcy trustee. This normally is a month or so after the case is filed.

Certain mistakes during the initial process can lead to the court dismissing the petition. One of the biggest of these mistakes is to be dishonest or misleading in the disclosure of assets and debts the filer has. Not only will failing to disclose assets result in the person’s case being dismissed, but this lapse in honesty can result in the filer facing criminal charges.

The court will also scrutinize any debts the filer incurred just before filing. Maxing out credit cards prior to filing with the intention that these debts will be discharged will not be looked upon favorably by the bankruptcy court either.

After receiving a bankruptcy discharge, the filer should take steps to ensure that they do not end up in the same situation in just a few years. Some helpful steps include the following:

  1. Creating a realistic budget and following it as closely as possible.
  2. Establish emergency savings. A good rule of thumb is to make sure a savings account has at least one month’s worth of income to cover expenses in the event of the unthinkable.
  3. Open a secured credit card account, using it to pay for expenses that can be paid in full every month. Over time, this account will help establish a positive credit history.
  4. Continue to pay all bills on time.
  5. Get a credit report regularly to ensure that any debts that were discharged in bankruptcy are no longer on the consumer’s profile.

These steps allow the consumer to create a pattern of paying all bills on time, which, over the course of time, will reflect positively on the person’s credit report. While a bankruptcy case does put a dent in an individual’s credit score, eventually this positive pattern will allow the consumer’s score to rebound to a respectable figure.

If you have 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.

SOURCE:

What experts say to do before, during and after filing for bankruptcy (cnbc.com)

Credit Card Debt

Credit Card Delinquencies Exceed Pre-Pandemic Levels

Americans owe a whopping $1.13 trillion on their credit cards. The total increased by 4.6% in the third quarter of 2023.  When it comes to credit card debt, consumers are maxed out.

All stages of credit card delinquency (30, 60 and 90 days past due) jumped during the third quarter of last year, surpassing pre-pandemic levels for the first time, according to a recent report by the Federal Reserve Bank of Philadelphia.

This means a number of consumers are revolving all or part of their credit card balance every month. As of the third quarter, 33.18% of accounts paid off their balance in full. That’s the lowest share since the fourth quarter of 2020, Philadelphia Fed data show.

A nearly three-year stretch of high inflation has sent consumer debt into overdrive. Towards the end of last year, outstanding credit card balances surpassed the $5 trillion mark for the first time, according to Federal data.  These rising delinquencies are becoming painfully expensive for many consumers. Interest rates are the highest they have been in two decades.

As bankruptcy attorneys, we see credit card debt as one of the most common problems facing those with serious financial challenges.  It is not surprising with the high interest rates, unreasonable fees, harassing debt collection calls, penalties and never-ending minimum payments that do not even make a dent in your actual debt.

Filing for bankruptcy is a viable option for those struggling with insurmountable credit card debt. Chapter 7 is the fastest form of consumer bankruptcy and forgives most unsecured debts like credit card debt, medical bills, and personal loans.  There are certain qualifications a consumer must meet in regard to income, assets, and expenses to file for Chapter 7 bankruptcy, which is determined by the bankruptcy means test.

SOURCE: Credit Card Delinquencies Surpass Pre-Pandemic Levels – CNN (January 11, 2024)

Bankruptcy Filings, Bankruptcy Law, Chapter 11

Rudy Giuliani Files Bankruptcy After Being Ordered to Pay $150 Million in Defamation Lawsuit

Former New York City mayor, Rudy Giuliani has filed Chapter 11 bankruptcy in federal court, just days after a jury ordered him to pay $148 million to two former Georgia election workers he falsely accused of fraud. The accusations were made following Donald Trump’s 2020 presidential election loss.

According to the filing, Giuliani listed debts between $100 million and $500 million, and assets worth up to $10 million. He also lists pending lawsuits, including three defamation cases over his statements after the 2020 election that haven’t yet gone to trial and could add to his debt if he’s ordered to pay damages.

Giuliani also listed nearly $1 million in unpaid taxes among his liabilities, as well as hundreds of thousands of dollars owed to lawyers and accountants.

Credit Card Debt

Four Ways to Get out of Credit Card Debt

Credit cards are among the most expensive ways to borrow- especially these days. The Federal Reserve’s war on inflation, marked by interest rate hikes, has lifted credit card rates to record highs. According to a recent NerdWallet American Household Credit Card Debt Study, the average amount of revolving credit card debt owed per American household is $7,486. Getting out of this debt can be difficult, but it is not impossible with proper planning. The following strategies are proven to be successful when getting out of credit card debt.

Determine a Payment Strategy

The first step to paying down credit card debt is to determine what type of payment strategy would work best for the consumer.  Paying more than the minimum monthly payment posted is always the best place to start since the monthly minimum payment is normally only two percent of the balance and pays more for interest accrued every month than the principal owed.

Bankruptcy Law

Can a Debt that was Discharged in Bankruptcy Still Be Collected?

One of the biggest benefits of bankruptcy is the discharge of debt that comes with the successful close of a case. These debts are erased and wiped clean in bankruptcy, and the filer can walk away with a fresh financial start. However, what happens if a debt collector continues to try and collect on a debt that has otherwise been discharged?

The good news is the consumer has several defenses to help him or her in the event this does occur. For one, the consumer can report the debt collector to the bankruptcy court for violation of the order to not collect on the discharged debt. If the collector is found to have violated the court’s order, they may pay assessed fines, as well as the consumer’s damages and attorney’s fees for having to defend the claim.

Credit Card Debt

Consumers Add a Record $179.4 Billion in Credit Card Debt

U.S. consumers have hit a record high when it comes to credit card debt. According to a recent WalletHub study, American consumers added a record $179.4 billion in new credit card debt to the already-existing credit card debt in 2022. These numbers are expected to increase as we move into the second half of 2023.

The largest increase was seen in the fourth quarter of 2022 with an increase of $84.9 billion in that quarter alone. A fourth-quarter increase is not unusual, as it is usually followed by a first quarter pay-down. However, once 2023 began, WalletHub found that American consumers only paid down their credit card debt by $24 billion, which is the second smallest first-quarter credit card debt paydown seen in the last decade.

Debt Relief

Debt Relief: Understanding the Options and Consequences

Debt relief can ease the burden of overwhelming financial pressures. People with debt are more likely to face mental health issues, including prolonged stress, anxiety, and depression. To break free from the financial burden of debt, several different debt relief options are available for consumers. However, debt relief programs are not the right answer for everyone, and it is important to understand the implications, including both the positive and negative aspects of each form of debt relief before proceeding.

When to seek debt relief

student loan debt, Student Loans

Biden Administration Creates New Path to Help with Student Loan Discharges

The Biden administration has created new pathways for borrowers struggling to pay their federal student loans. These measures are giving cautious optimism to critics who say that financial relief is not available for those struggling with student loan debt.

The Departments of Justice and Education made an announcement regarding a new process that would allow bankruptcy borrowers to discharge their federal student loan debts. These departments stated this move will hopefully reduce what they call “unnecessarily burdensome and time-consuming” investigations.

Credit Card Debt

U.S. Cities with the Least-Sustainable Credit Card Debt

High interest rates and high inflation are making it harder than ever to pay down credit card debt. American consumers started the year with over $1 trillion in outstanding credit card debt.

According to a recent study, the average U.S. household has over $8,900 in credit card debt, which is up 4.5 percent (4.5%) from last year. Consumers in certain cities seem to struggle more than others. This fact was recently documented in a study produced by personal finance website, WalletHub, listing which American cities had the least sustainable credit card debt.

Debt Relief

Make a Resolution to Eliminate Your Debt in the New Year

Some of the most common New Year’s resolutions involve improving one’s physical health through diet and exercise, cutting out bad habits, and losing weight.  Other popular New Year’s resolutions involve improving one’s financial health, getting finances in order, and eliminating debt.

Credit card debt, medical expenses, and the rising cost of living is weighing on many South Florida residents, causing more to fall behind on their monthly bills.