Month: January 2018

Bankruptcy Law, Credit, Debt Relief, Foreclosures, Timothy Kingcade Posts

31 Million Americans Believe They Will Never Get out of Credit Card Debt

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Credit card debt is at an all time high and according to a recent study 31 million (or 35%) of Americans believe they will still owe credit card debt when they die. Americans’ with outstanding credit card debt jumped 13% to $1.02 trillion in November.  Another 33% of consumers with credit card debt do not know when they will be debt free.

Getting out of the debt cycle begins with creating a realistic budget and getting a grasp on your current financial situation.  There are specific ways you can deal with high interest credit card debt.   Once you examine your budget and identify areas you can cut back in spending you can successfully put a plan in place to tackle high interest credit card debt.

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.

Related Resources:

https://www.usatoday.com/story/money/personalfinance/budget-and-spending/2018/01/13/paying-off-credit-card-debt/1023310001/

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

How long does bankruptcy stay on my credit report?

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A common question you might have after filing for bankruptcy is how long will it remain on my credit report?  When you file for bankruptcy, it is considered “public record” and is maintained by the court where the case was filed.

Under the federal Fair Credit Reporting Act, bankruptcies can be reported for 10 years from the filing date.  The three major credit reporting agencies will remove Chapter 13 bankruptcies seven years from the date the case was filed.  This type of bankruptcy involves paying some or all of the debt back over time.

Chapter 7 is a more straightforward bankruptcy and eliminates almost all unsecured debts, including credit card debt and medical bills allowing consumers to gain a fresh start financially. Chapter 7 bankruptcy can remain on a consumer’s credit report for up to 10 years.

However, there are ways to speed up the removal process.  Removing a bankruptcy requires filing a separate dispute with each of the three major credit bureaus. This dispute can either be over inaccurate information in your credit report or an inquiry to the credit bureau about how your bankruptcy was verified.  This process is lengthy, but it can be worth it.

While you are waiting for your bankruptcy to be removed from your credit report, make an effort to rebuild and improve your credit.  It is a bankruptcy myth that you cannot rebuild your credit after filing for bankruptcy.  Make sure you have accurate and positive credit information moving forward.

If you have any questions on this topic or are in a 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 website at www.miamibankruptcy.com.

Related Resources:

http://blog.credit.com/2013/04/when-can-i-get-a-bankruptcy-off-my-credit-report-65750/

Bankruptcy Law, Debt Relief

The Most Common Florida Bankruptcy Exemptions

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If you are filing for Chapter 7 bankruptcy in Florida, you can use Florida bankruptcy exemptions to protect your property.  In addition, residents are provided unlimited exemptions for homestead, annuities, and the cash surrender value of a life insurance policy.

Florida has one of the most generous homestead exemptions in the country. To use Florida’s exemptions, you must have resided in Florida for at least 730 days before filing your bankruptcy petition. To claim the full value of the homestead exemption in Florida, you must have owned the property for at least 1,215 days before the bankruptcy filing.

Personal Property Exemptions:  

  • Personal property up to $1,000. Personal property can include such items as furniture, art, and electronics. (Art. 10 Sec. 4, Fl. Constitution)
  • Education savings, health savings, and hurricane savings. (Fla. Stat. Ann. § 222.22)
  • Prescribed health aids. (Fla. Stat. Ann. § 222.25)
  • Prepaid medical savings account and health savings account deposits (Fla. Stat. Ann. § 222.22(2))
  • Tax credits and refunds (Fla. Stat. Ann. § 222.25(3))
  • Funeral costs per Florida’s Preneed Funeral Contract Consumer Protection Trust Fund (Fla. Stat. Ann. § 497.456)
  • Particular partnership property (Fla. Stat. Ann. §§ 620.153, 620.8307)

Florida Motor Vehicle Exemption:

  • Bankruptcy filers can exempt up to $1,000 in motor vehicle equity, more if you are married and filing jointly.

Exemptions for Wages in Florida:

  • Wages of a head of the family are entirely exempt up to $750 per week, or the greater of 75% or 30 times the federal minimum wage.

Pensions and retirement funds are exempt in Florida:

  • ERISA qualified retirement plans and pensions (including 401(k)’s, 403(b)’s, profit sharing and money purchase plans, SEP and SIMPLE IRA’s, and other defined benefit plans) are fully exempt. (11 U.S.C. Section 522; Fla. Stat. Ann. § 222.21.)
  • IRA’s and Roth IRA’s are exempt up to $1,171,650. (11 U.S.C. Section 522(b)(3)(C)(n).)
  • Public employee retirement benefits. (Fla. Stat. Ann. §§ 121.131, 121.055(6)(e).)
  • State and County officers and employees retirement system benefits. (Fla. Stat. Ann. § 122.15.)
  • Firefighter pensions. (Fla. Stat. Ann. § 175.241.)
  • Municipal police pensions. (Fla. Stat. Ann. § 185.25.)
  • Teachers’ retirement benefits. (Fla. Stat. Ann. § 238.15.)

Alimony and Child Support Exemptions:

Alimony and child support, to the extent reasonably necessary for the support of the debtor (the bankruptcy filer) and any dependent of the Debtor, are exempt. (Fla. Stat. Ann. § 222.201.)

Exemptions for Insurance Policies and Annuities:

  • The proceeds of a life insurance policy payable to a specific beneficiary are fully exempt. (Fla. Stat. Ann. § 222.13.)
  • The cash surrender value of a life insurance policy and the proceeds of an annuity contract are fully exempt. However, annuity proceeds resulting from lottery winnings are not exempt. (Fla. Stat. Ann. § 222.14.)
  • Disability income benefits are exempt. (Fla. Stat. Ann. § 222.18.)
  • Fraternal benefit society benefits are exempt. (Fla. Stat. Ann. § 632.619.)

Click here to read more on this story.

If you have any questions on the topic of bankruptcy exemptions or are in a 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 website at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Don’t Leave these Important Tax Deductions on the Table

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Tax time is almost here and with the new tax rules taking effect January 1, it is easy to get confused on what tax deductions you can and cannot include when filing your return. There are several tax breaks the tax reform eliminated for the 2018 tax year, but are still available to claim on your 2017 tax return.  Here are some of the most popular ones and the last year to take advantage of these tax benefits before they disappear.

Personal exemptions. One of the biggest tax breaks to disappear is the personal exemption. Starting in 2018, higher standard deductions, a larger child tax credit, and a new credit for non-child dependents will take the place of the personal exemption. However, for 2017 you can claim a $4,050 reduction in taxable income for every qualifying dependent. This generally includes yourself, your spouse, and children for whom you provide financial support.

State and local income tax deductions.  Some had initially hoped to prepay 2018 income taxes in 2017 to get further use of the deduction, but lawmakers specifically prohibited this.

Property tax deductions. This year will be the final tax year for which property taxes are deductible in full. Starting in 2018, property taxes will be subject to the same comprehensive $10,000 limit on all state and local taxes.

Mortgage interest deduction on home equity loans. The tax reform eliminated the deduction on home equity loan interest. Therefore, 2017 will be the last year that taxpayers can deduct interest on up to $100,000 in home equity debt as an itemized deduction.

Moving expenses. Tax reform took away the right to deduct your moving expenses. In 2018, to qualify, your new workplace must be at least 50 miles further away from your former home than your old workplace was, and you have to work full time at your new location for at least 39 weeks out of the 12 months following the move.

Miscellaneous deductions. These include unreimbursed employee expenses, tax-preparation fees, investment-related legal and accounting fees, and job-search costs.  These expenses are deductible only to the extent that they exceed 2% of your adjusted gross income.

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 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, Foreclosures, Timothy Kingcade Posts

Mortgage Delinquencies Hit Lowest Point in a Decade

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The number of mortgage delinquencies dropped to their lowest level in more than a decade, according to CoreLogic.  In the month of September, 5% of mortgages remained in some stage of delinquency, 30 days or more past due including those in foreclosure. This is a decrease of 0.2 percentage points from last year’s overall delinquency rate of 5.2%.

“September’s early-stage delinquency rate increased by 0.3% from a year ago, the largest increase since June 2009,” CoreLogic Chief Economist Frank Nothaft said. “This does not reflect a deterioration in credit, but rather the impact of the hurricanes in Texas, Florida and Puerto Rico.”

The foreclosure inventory rate, which measures the share of mortgages in some stage of the foreclosure process, decreased from 0.8% in September 2016 to 0.6% in September 2017. This represents the lowest foreclosure rate since June 2007 when foreclosure inventory was also at 0.6%.

The serious delinquency rate, mortgages that are 90 days or more past due, decreased 0.4 percentage points from last year to 1.9% in September. This rate marks the lowest level for any month since October 2007’s 1.9%.

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 McMaken website at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Here’s How Much Debt the Average Consumer Racked Up Over the Holidays

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A recent survey conducted by MagnifyMoney found consumers who took on debt this holiday season will start the New Year with an average of $1,003 in credit card debt.  Last-minute gifts, entertaining costs, and fewer hours at work, can all add up to additional credit card debt.

What is troubling about this year’s findings is that the majority of consumers who went into debt did not plan on it. The vast majority (65.2%) of consumers who took on the debt did so unexpectedly and did not budget for the added expense.

Nearly half (46%) predict they will need four months or more to pay off their holiday debt, or will only make the minimum monthly payments.

Even a seemingly modest amount of debt can quickly balloon over time if not paid in full timely. A person carrying an average debt load of $1,003 who makes one $25 minimum payment per month would need 58 months (4.8 years) to pay off their debt. That calculation assumes an average annual percentage rate (APR) of 16%.

Here are some ways to beat the holiday debt cycle:

Understand where your money went.  Track exactly where your money went the last three months.  There are useful apps that can help you understand where your money has gone. LevelMoney splits your expenditure into fixed, recurring expenses and variable expenses.

Carefully review your credit report. You can download your report for free at AnnualCreditReport.com for all three bureaus.

Use the debt snowball method.  A recent study found that consumers are more likely to stick to paying off debt when paying off credit cards with the smallest balances, first.  This strategy provides consumers with small “wins” against debt and builds momentum to keep you motivated.

Make 2018 your year to be debt free! By taking the right approach and building good financial habits, you can successfully pay down debt in the New Year.  Here are some ways to keep to your New Year’s Debt Resolutions. If holiday expenditures have put you over the limit financially, it might be time to examine your finances in closer detail and meet with a financial advisor or bankruptcy attorney.   Here are some signs you should file for bankruptcy.

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 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:

http://www.kgw.com/money/magnify-money/many-holiday-shoppers-will-start-the-new-year-with-1003-worth-of-debt/382430335

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

Bankruptcy Court Settlement Could Bring $600 Million in Student Loan Debt Relief to ITT Students

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Students who attended ITT Technical Institute could have $600 million in student loan debt canceled under a new proposed court settlement. The settlement acknowledges that students who attended the college between 2006 and 2016 have a $1.5 billion claim against ITT.  This means that if any money is left over from the school’s assets after its bankruptcy, students could receive a portion of it.

Since ITT abruptly closed its nearly 140 campuses nationwide and declared bankruptcy in the fall of 2016, students have been desperate to seek financial relief.  Nationwide, ITT Tech had an estimated 35,000 students enrolled in classes.

Last January, a group of students led by the Harvard project, filed a lawsuit claiming that they had a right to ITT’s remaining assets, like any other creditor in a bankruptcy case. They claimed that ITT employed aggressive tactics to recruit them.  After recruitment, the students’ allege they were deceived or misled on multiple fronts.  This deception included the cost of attendance, the school’s accreditation status, the experience of instructors, and the likelihood of job placement and salaries they would earn after graduation.

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

The Negative Effects Store Credit Cards Can Have on Your Credit Score

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Getting a deal on holiday purchases can end up costing you more in the New Year- a lot more, in fact.  The reality of a cheerful sales clerk asking, “Would you like to save 20 percent on your purchases today by opening a store credit card?” Sounds tempting, right?  But these cards can ultimately hurt your credit score.   Store credit cards can have a large impact on your credit usage, which is a big factor in credit scores.   Applying for these cards requires an inquiry on your credit report and reduces the average age of your credit accounts.

Store credit cards have significantly higher APR’s and it is easy to fall into debt. The credit limits on these cards are typically 10 percent compared to other cards.  How much of your credit limit you use has a substantial impact on your credit score.  The one factor that matters more is paying on time. Credit experts advise staying below 30 percent of the limit on any card. Consumers with the highest credit scores use less than 10 percent.

When you apply for a store credit card, the card issuer will pull one of your credit reports.  This helps qualify you, but it can cause a temporary dip in your score. On top of potentially hurting your credit scores, retail cards have usability issues. These cards are good only at one store or retail chain.  They are typically accompanied by high interest rates and severe penalties if a payment is missed.  These cards also have less security features.

If you shop at a particular store often, it might be worth opening a store card to access ongoing discounts, presales and insider benefits.  But avoid making this decision lightly and in the checkout line.

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 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, Student Loans, Timothy Kingcade Posts

What Bankruptcy Can and Cannot Do

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Bankruptcy can be used as a powerful financial tool to eliminate debt and allow you to push the restart button on your finances  However, filing for bankruptcy does not eliminate all debts and before you file it’s important to know which debts will be discharged and which ones will remain.

Here are some things filing for bankruptcy can do:

Eliminate credit card debt and other types of unsecured debt. Your credit card debt is considered unsecured debt, which means the creditor does not have a lien on any of your property and cannot repossess any items if you fail to pay the debt. This is the exact type of debt bankruptcy is designed to eliminate. Other types of unsecured debt include: utility bills, medical bills, personal loans, payday loans, etc.  Most debts are unsecured.  Primary exceptions are home and auto loans, which are almost always secured.

Stop creditor harassment and collection attempts. The Fair Debt Collections Practices Act (FDCPA) limits the tactics that debt collectors can take to collect on a debt.  When you file for bankruptcy, the automatic stay immediately goes into effect and stops creditors from having any sort of contact with you.  They must now communicate only with your attorney.

Here are some things bankruptcy cannot do:

Eliminate child support and alimony payments. Child support and alimony payments cannot be discharged in bankruptcy. You will continue to owe these debts in full.

Eliminate other non-dischargeable debts.  These include debts for personal injury or death caused by intoxicated driving, fines and penalties imposed for violating the law, etc.

Eliminate student loan debt, except in very rare circumstances. Student loans can be discharged in bankruptcy only if you can show that repaying the loan would cause you “undue hardship,” an extremely difficult standard to meet. You must not only be able to show you cannot afford to pay your loans right now, but that you have very little likelihood of ever being able to repay your loans in the future.

Prevent a secured creditor from repossessing property. A bankruptcy discharge eliminates debts, but it does not eliminate liens.  So for secured debts, where the creditor has a lien on your property (and can repossess it if you do not pay the debt), bankruptcy can eliminate the debt, but it cannot prevent the creditor from repossessing the property.

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 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, Student Loans, Timothy Kingcade Posts

5 Companies that will help you pay off your Student Loan Debt

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A recent survey conducted by IonTuition found that 80 percent of workers would work for a company that provided assistance with their student loan payments; which makes sense given that 44 million Americans are struggling with student loan debt.  Here are five companies that are helping their employees pay off their student loan debt.

Aetna. The healthcare company offers full-time and part-time employees tuition reimbursements on student loan repayment. Their student loan repayment program matches part-time employee student loan payments up to $1,000 per year with a lifetime maximum of $5,000. For full-time employees, Aetna matches student loan payments up to $2,000 per year with a lifetime maximum of $10,000.

Chegg. The textbook rental and online tutoring company gives eligible employees $1,000 a year as part of their student loan repayment benefit.

Fidelity Investments. Not only does this company offer tuition reimbursement for work-related educational expenses, it offers up to $10,000 ($2,000 a year contribution) paid directly to your student loan servicer.

Penguin Random House. The publishing company offers up to $9,000 through their student loan repayment benefit (up to $1,200 a year).

PwC. The accounting firm provides associates up to $10,000 in total (up to $1,200 a year) through their company’s student loan repayment benefit.

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.

Related Resources:

https://www.cnbc.com/2017/12/22/5-companies-that-will-help-you-pay-off-your-student-debt.html