Posts Tagged: ‘Kingcade’

Student Loan Borrowers Seeing Some Relief from Bankruptcy Judges

July 11, 2018 Posted by kingcade

Student loan borrowers are beginning to see some relief in bankruptcy court when it comes to discharging student loan debt. At the start of 2018, the Department released a statement that it was reviewing student loan bankruptcy laws with respect to how difficult it has been for borrowers to receive a discharge of their student loan debt in bankruptcy. Following this statement, some bankruptcy court judges have lessened the standards borrowers are held to when deciding on whether the loan obligation should be discharged.

Since the statement was made by the Department and subsequent request for comments on the current policy, no updates have been given as to whether the Department would be making official policy changes. In the meantime, bankruptcy court judges seemed to have taken a cue from the Department and are now making rulings to make loan repayment terms easier on borrowers for the meantime.

A recent Wall Street Journal report found that judges were more becoming more lenient when dealing with individuals saddled with student loans. Current college graduates are now entering the workforce with well over six figures in student loan debt. Unless these graduates land a job making an income that is comparable to this debt, these individuals soon find themselves unable to make student loan payments. Bankruptcy is meant to provide individuals drowning in debt with a way out, but the current policy with respect to student loan debt has dictated that this obligation stays with the debtor even after a bankruptcy discharge of all other debts.

The study looked at 50 current and former bankruptcy court judges, reviewing bankruptcy cases where the filer had student loan debt. The study showed that a number of the judges were very sympathetic to the cause of the individuals in front of them who were not able to pay their current student loan debt obligations. In fact, many of them understood the struggle all too well with student loan debt since they may also carry debt from law school, or they may be influenced by the struggles they see with their law clerks finishing or graduating from law school. It is estimated that the average lawyer holds just under $120,000 in student loan debt.

These judges are required to follow the legal standard that a borrower must pass the “undue hardship test,” which has traditionally been a strict standard. It has also been a standard that has never been clearly defined by bankruptcy law and has been applied inconsistently from court to court.

Congress has never given a clear definition for what undue hardship consists of, but many courts have used the “Brunner” test to determine what this means.

The Brunner test requires that the borrower show that he or she has made a good faith effort in repaying the debt, that the financial circumstance is such that the person cannot have a reasonable standard of living if he or she has to repay the debt, and this financial situation is likely to continue in the future.

Even though the judges’ hands may be tied by the legal standard, they may seek other, more creative solutions to help the borrowers ease their burdens. They may not be able to completely cancel the debt in all situations, but they have tried to help alleviate some of that burden. In some cases, however, some of the more sympathetic judges have completely cancelled the borrower’s past due debt obligation.

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. There are ways to file for bankruptcy with student loan 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.

Related Resources:

https://studentloans.net/bankruptcy-judges-taking-it-easy-on-some-student-loan-borrowers/

https://lendedu.com/news/some-judges-push-to-ease-bankruptcy-rules-for-student-loan-debt/

 

U.S. Consumer Debt Increases in the Month of May

July 10, 2018 Posted by kingcade

Recent data shows that U.S. consumer debt rose in the month of May by the most it had in the last six months, showing that Americans were more confident in their spending habits halfway through the second quarter.  The increase was seen in revolving debt, which includes credit card debt along with non-revolving debt like student loan debt and auto loans.

As of May 2018, Americans owe more than 26 percent of their income on consumer debt, up from 22 percent in 2010. That means Americans are on track to accumulate $4 trillion collectively in consumer debt by the end of this year. Americans have been accumulating more debt, particularly over the last two years, where consumer credit has grown at a rate of 5 to 6 percent annually.

Click here to read more on this story.

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.

Lawmakers Approve Extending Foreclosure Mediation Law

July 6, 2018 Posted by kingcade

Rhode Island lawmakers recently approved a bill that will extend an expiring foreclosure mediation law. The bill was approved last weekend as the General Assembly ended its session and is making its way to the governor for signature.

This law has been in place since 2013 and requires Rhode Island Mortgage lenders to participate in mediation with homeowners whose mortgages are in default and are facing foreclosure. The hope of this law was to prevent the resulting onslaught of foreclosures.  The law is set to expire on July 1, 2018. This new extension moves the law’s sunset provision to July 1, 2013.

The Rhode Island Attorney General, Peter Kilmartin, has declared this extension “good public policy,” in that it was meant to save homeowners from losing their homes. Since the law was put into place in 2013, it is estimated that approximately 1,000 homeowners have sought foreclosure mediation.

The mediation program is administered through RIHousing. According to the program administrator, more than 70 percent of the homeowners who have gone through the mediation program have reached an agreement with the mortgage provider and were able to stay in their homes.

Florida had a similar mandatory mediation program that was enacted in 2009. The state ended its mandatory foreclosure mediation program in December 2011. The program required all residential foreclosure cases involving homestead property in Florida to undergo mediation, through an administrative order that was issued by the Florida Supreme Court. Upon a later Florida Supreme Court review, it was reported that the program was not having as much success as has been reported in Rhode Island. A panel review was started to determine whether the program should be continued, modified or eliminated. It was after that review that the Florida Supreme Court determined that the program should then be eliminated, and it ended at the end of 2011.

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 McMaken website at www.miamibankruptcy.com.

Related Resources:

https://www.usnews.com/news/best-states/rhode-island/articles/2018-06-25/lawmakers-approve-extending-foreclosure-mediation-law

http://www.flcourts.org/resources-and-services/alternative-dispute-resolution/mediation.stml

http://www.wsh-law.com/files/In_re_Managed_Mediation.pdf

 

 

Is It Ever Too Late to Negotiate a Medical Bill?

July 3, 2018 Posted by kingcade

Medical debt continues to be a large portion of debt collection proceedings, but many individuals facing large amounts of medical debt may not believe they have rights when it comes to negotiating the bill. For this reason, these individuals may delay contacting the provider to see if the bill can be reduced or if they could be placed on an affordable repayment plan. However, even if the person owing the medical debt waits months or even years to try to make good on the debt, it is usually never too late to negotiate a medical bill.

Properly Reviewing the Bill

Before negotiating a payment schedule or amount, it is always wise to carefully review the billing statement sent to the patient. The provider needs to properly bill for all services provided within a reasonable amount of time, and not doing this can often be seen as a breach of contract. In addition, it should never be assumed that all of the items listed in the bill are correct. It is recommended that the patient review what is listed, check with his or her calendar to make sure that they line up, and if they do not, bring this discrepancy to the attention of the provider. These corrections can be made even after a period of time passes and the bill has remained unpaid.

Negotiating Past-Due Medical Bills and Bankruptcy

It is possible to negotiate a medical bill, even if it is past due. At the end of the day, most of the medical service providers want to receive some type of payment, even if it is a lower amount.

While the company is within its rights to not negotiate on a bill that is past due, it is usually in the best interest of the company to take a reduced payment, than no payment at all.  Medical debt is normally classified as an unsecured debt in a bankruptcy case meaning it is the debt that is discharged at the close of the case. Therefore, it is highly possible the medical company will walk away without receiving any payment if the individual pursues a Chapter 7 bankruptcy case.

Request Financial Assistance with Medical Debt

Medical providers will often offer financial assistance for individuals who are not able to pay for their medical bills. The company will not become aware of this issue if the consumer simply leaves the bill unpaid. It often helps to reach out and be screened for other programs, including financial assistance or state aid. The assistance can make it possible for the individual to pay off these debts in a manner that is much more realistic for the patient.

Speak with a Consumer or Bankruptcy Law Attorney

Depending on how much time has passed, it is recommended that the individual contact a consumer bankruptcy attorney to see if the statute of limitations has passed for these debts. Every state has a statute of limitations which controls the time period a creditor has to collect on a debt. Florida’s statute of limitations for medical debt is five years. However, if the patient negotiates and begins paying on the debt that falls out of this five-year period, this may revive the statute of limitations and then leave the person open to a lawsuit for the balance of the debt if he or she fails to continue paying. Therefore, it helps to speak first with an attorney regarding the debt before making any other decisions.

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 website at www.miamibankruptcy.com.

 

What Constitutes Harassment by a Debt Collector?

July 2, 2018 Posted by kingcade

For an individual struggling with insurmountable debt, the continuous calls and communications can be overwhelming and stressful. However, at what point do these communications constitute harassment? And if an individual believes that he or she is being harassed by a debt collector, what is the recourse this person has against the debt collector?

Fair Debt Collection Practices Act

Debtors have protection from harassment from third-party debt collectors under a federal law, the Fair Debt Collection Practices Act (FDCPA). Under this law, debt collectors are prohibited from harassing, oppressing or abusing debtors while trying to collect upon a debt. This behavior includes continuous phone calls meant to annoy or harass the individual, use of obscene language and making threats of violence or retaliation against the debtor.

Specifically, the FDCPA prohibits the following:

  • Repeated phone calls annoying, abusing or harassing the debtor or anyone answering the phone;
  • Use of obscene or profane language in these communications;
  • Threats of violence or causing harm to the debtor or other person on the phone;
  • Publishing a list of individuals who refuse to pay debts, not including reporting the information to a credit reporting company;
  • Not disclosing the debt collector’s information when communicating with someone;
  • Contacting third-parties connected to the debtor and giving them information regarding the debt and/or why they are calling;
  • Contacting the debtor at work or showing up at the debtor’s work.

The FDCPA prohibits misrepresentations from being made about the debt. Essentially, the FDCPA makes it so debt collectors cannot use false, misleading or fraudulent practices when collecting on the debt. This means the debt collector cannot lie about how much is owed, cannot make false threats that the company will have the debtor arrested, cannot make false statements that the person on the phone is an attorney when he or she is not, cannot make threats to do things that are not legal, and cannot make threats to do something that the debt collector, in fact, has no intention of doing or right to do.

After the debtor has experienced a series of these violations, the FDCPA requires the debtor to send written notification to the debt collector to stop communicating with him or her and informing the debt collector that this communication is in violation of the FDCPA. If the debt collector continues to push and communicate with the person after this notification, it is recommended that the debtor file a claim for an FDCPA violation. If the individual does file an FDCPA claim and wins, the debt collector will pay the debtor damages, as well as attorney’s fees for having to file the claim.

It is highly recommended that the debtor keep a file of all communication received by the debt collector and keep all recordings of voicemails or other communications. It is also recommended that the debtor write down all dates and times that these conversations have occurred, along with notes about what was discussed in the event a legal claim needs to be filed.

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.

Click here to read more on this story.

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.