Bankruptcy Law, Debt Relief

This Common Life Event Doubles Your Chances of Filing for Bankruptcy

Medical debt is a common cause of consumer bankruptcy filings.  Losing one’s health insurance, also puts individuals and families at an increased financial risk.  According to the American Bankruptcy Institute (ABI), when someone has an interruption in their health insurance coverage, this gap in coverage nearly doubles that person’s chances of filing for bankruptcy.

The ABI looked through figures from the Bureau of Labor Statistics for more than 12,500 individuals.  Their findings revealed a “strong association” between losing insurance coverage and consumer bankruptcy filings. ABI narrowed down their research even further to look at 454 people between the years 2008 and 2014 with similar incomes and debt-to-income ratios, who all filed for bankruptcy in that span of time. While many of these bankruptcy filings were driven by health issues, job loss and divorce, a great majority of them had to do with the fact that the person or someone that depended on the insurance carrier did not have coverage at the time of their illness or injury.

Bankruptcy Law, Debt Relief

How Is Debt Handled in Divorce?

When a couple goes through a divorce, their property and finances are not the only thing that is divided in the legal proceedings. Many times, couples end up having to divide debt. The following rules determine how debt is handled in divorce.

Equitable Distribution

In Florida, property and debts are handled using the concept of equitable distribution. Many states require that property and debt be divided equally under the concept of community property, but Florida requires more of an equitable or “fair” division of assets and debts. This normally results in a relatively equal division, but equitable does not always result in a precise, equal division.

Bankruptcy Law, Debt Relief

How to Protect Your Home in Bankruptcy

When facing the possibility of filing for bankruptcy, whether it be Chapter 7 or Chapter 13, the thought of losing your home can be frightening. In fact, losing one’s home can be one of the biggest concerns holding someone back from filing for bankruptcy. The lawyers at Kingcade Garcia McMaken work hard to protect people from losing their assets in a bankruptcy case, including the filer’s home.

Automatic Stay

One of the first protections filers receive when proceeding with any type of bankruptcy case is the automatic stay. The automatic stay keeps creditors from continuing any collections actions, and it immediately goes into effect after the bankruptcy petition is filed.

Foreclosures

Facing Foreclosure? Here’s When You Actually Have to Move Out in Florida.

When someone receives a foreclosure notice, the first thought that often comes to that person’s mind is the fear of losing their home. A foreclosure notice does not mean that someone is automatically out of his or her home. As a homeowner in Florida, you have rights. It is important that any person in this situation understands clearly what those rights are.

Understanding the Timing

A notice of foreclosure does not mean that it will happen immediately. The homeowner has the legal right to remain in the home until the lender successfully completes all foreclosure procedures and sells the home, which can take several months, depending on the circumstances involved.

Bankruptcy Law, student loan debt, Student Loans

Bankruptcy: Finally An Option for Student Loan Debt?

Student loan debt is at an all-time high with 44 million Americans carrying outstanding amounts of the debt. It is currently estimated that $1.5 trillion is owed in student loan debt. With that many people graduating with student loans, it should come as no surprise that many of these borrowers eventually default.

Approximately 11 percent of student loan borrowers have defaulted or were delinquent on their loans by the end of 2018. For the most part, consumer debt, including credit card and medical debt, can be discharged in a bankruptcy case. Only a very select list of debt is not allowed to be discharged at the end of a bankruptcy case, including child support, alimony, criminal fines and certain overdue tax debt.