September 2018 - FREE CONSULTATION

Public Service Student Loan Forgiveness Program Rejects 99% of Applicants

Posted on September 28, 2018by Admin

A simple promise was made to student loan borrowers by the government: Work in public service for 10 years, make your student loan payments on time for 10 years, and the Dept. of Education will forgive the remaining balance on the loan. Borrowers have complained for years that the program has not worked as advertised, and new data reveals they’re right.

The U.S. Department of Education released the latest statistics for public service loan forgiveness:

As of June 30, 2018, 28,000 student loan borrowers submitted 33,000 applications for public service student loan forgiveness program. Of that total, approximately 29,000 applications have been processed. Of that total, more than 70% of applications have been denied due to student loan borrowers ‘not meeting the program requirements.’ Another 28% of applications for public service loan forgiveness were denied due to missing or incomplete information on the employment certification form.

The Public Service Loan Forgiveness Program is a federal program that forgives federal student loans for borrowers who are employed full-time (more than 30 hours per week) in an eligible federal, state or local public service job or 501(c)(3) non-profit job who make 120 eligible on-time payments.

So, who has been approved?

Approximately 300 applications have been approved, but only 96 borrowers have collectively received $5.52 million in public service loan forgiveness.

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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.

Bankruptcy Law, Debt Relief, Timothy Kingcade Posts

How Often Can A Person File for Bankruptcy?

Posted on September 27, 2018by Admin

Many clients want to know if a previous bankruptcy filing is going to prevent them from filing again in the future. A number of factors go into when and whether it can be done, but the two biggest factors are what type of bankruptcy was filed previously and how long ago the case was filed.

A Ban Does Not Exist on Subsequent Filings

The good news for bankruptcy filers is there are no limits on the number of times a person can file for bankruptcy. However, the bankruptcy courts do not want to see individuals misuse the system with multiple filings made in bad faith. It is for this reason that the law does impose certain statutory requirements and prerequisites that filers must meet to be able to file again. If an individual has filed for bankruptcy previously, it is important that he or she contact an experienced bankruptcy attorney to discuss the options available, as well as the requirements for filing again.

Previous Chapter 7 Bankruptcy Filing

If the previous bankruptcy filing was a Chapter 7 case, the individual must wait at least eight years from the date of the previous bankruptcy filing before filing a second time, if that person wants to file another Chapter 7 case. However, if the person filed a Chapter 7 bankruptcy case for the first filing but now wants to go forward with a Chapter 13 reorganization case, the time is shorter, and that person must only wait four years from the date of the first bankruptcy filing date.

Previous Chapter 13 Bankruptcy Filing

If the previous bankruptcy filing was Chapter 13, certain time limits do apply. If the previous case resulted in a bankruptcy discharge, the filer must wait at least six years from the date the first Chapter 13 case was filed before he or she can file for and get another discharge in a later Chapter 7 case. However, exceptions do exist to this rule. If the filer paid back all of his or her unsecured debts or at least 70 percent of the unsecured debts were paid, and the plan was to pay them back in good faith, the six-year rule does not apply. If the later case is a Chapter 13 bankruptcy again, the filer cannot get a later Chapter 13 bankruptcy unless the case has been filed at least two years after the date the first case was filed.

Case Dismissed with Prejudice

However, other exceptions exist to the rules listed above. The filer can be prohibited from filing a later bankruptcy case if the bankruptcy court dismissed the previous bankruptcy case with prejudice, meaning the person who had filed the case failed to comply with court orders, filed multiple cases with the purpose of deceiving creditors or the case was not filed in good faith.

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

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

Tips to Improve Your Credit Score

Posted on September 26, 2018by Admin

A consumer’s credit score can mean so much when it comes to buying a home or car, but once your credit score takes a serious hit, whether it be due to a default or a bankruptcy, you can start to rebuild your score immediately. One of the biggest misconceptions about filing for bankruptcy is that it will ruin your credit score and your financial future. To the contrary, after filing for bankruptcy you can begin restoring your credit right away.

Here are some tips to improve your overall credit score.

Understand How Credit Scores Are Calculated

It helps to first understand how credit scores are calculated. These reports are issued by the three major credit reporting companies, including TransUnion, Equifax, and Experian. The scores range between 350 to 800. The higher the score, the better. A credit score is calculated using that person’s payment history, the amounts owed on each account reported, how long that person has had a credit history, and how much credit activity is on their account.

Make a Goal

If you want to improve your credit score, it is important to set goals. Set the number you would like to see your credit score within a certain period of time. For example, you may choose to set a goal of increasing your credit score by 50 points within the next four months.

Keep an Eye on Your Credit Report

The best way to know where your credit score falls on the spectrum is to keep an eye on your credit report. Free credit reports can be requested annually online or by mailing a request to Annual Credit Report Request Service at P.O. Box 105281, Atlanta, GA 30348. After receiving the report, it is recommended that you carefully review all accounts listed. If you see any accounts that you know you did not open and could have been created due to identity theft, this information should be reported immediately. If an account is listed that should be closed, you can contact the company directly to update that information. The same would go for if any incorrect information is found on the report, such as a late payment incorrectly put on the account. Correcting this information can result in your credit score going up a few points. Keeping a close eye on your credit report can also allow you to track progress if you are working hard to improve the score.

Pay Your Bills on Time

The best way to keep your credit score looking good is to pay your bills on time. Credit builds up over time, and this is done through consistent and positive financial behavior. One way to ensure this happens is to sign up for automatic or online payments so that these expenses are paid automatically and require no action by the account holder. If you are not able to pay a bill on time, it is best to keep late payments to no more than 30 days. The reason for this is most creditors will not report late payments until they are 60 days late.

Focus on the Bad Debt

Paying down your debt is an excellent way to improve your credit score, and it helps to start with what is considered “bad” debt first. If you have multiple credit cards, choose the one with the highest balance and/or the highest interest rate. Focus your efforts on that one card, and once that card is paid, take the card that has the second highest rate. Many times, this “bad” card is the one that is the oldest and has the highest outstanding balance.

Use the debt avalanche method to attack the debt. What this entails is the person chooses the card with the highest interest rate, and he or she uses all extra money that he or she has available at paying off that card. After that card is paid off, the money that was used to pay that card goes to the next one, and so on. The idea is the money that goes towards the card snowballs in size, helping to pay each one down quicker than the person would be able to do with just meeting monthly minimum payments.

Do Not Open New Credit Accounts

While you are paying down debt, it is best to not open any new credit accounts during this time. Opening new accounts will only make the goal of trying to pay off open cards even harder. It can be tempting, especially if you are offered a deal at a department store to save on a purchase, but do not fall to temptation and open that new card.

Keep the Balances Low

Getting debt under control can be very difficult if the balances owed are particularly high. Credit cards that have high balances and high interest rates can be difficult to get under control. The higher the balance, the more interest is paid every month instead of money towards the principal. A good rule of thumb is to keep credit card balances capped at 30 percent of the card’s available credit. Always make sure when making payments that more money is being paid towards the card than the minimum payment. On cards with high balances, this minimum payment is normally only paying interest, which can make the cardholder feel like he or she is never going to pay the card off in full.

Set up an Emergency Fund

Experts recommend that everyone have a “rainy-day” fund of at least six months of that person’s annual income. This money should be set aside in the event of a health crisis or job loss and can help you avoid the need to use credit to keep up with daily expenses.

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Bankruptcy Law, Debt Relief, Timothy Kingcade Posts

Medical Debt and Steps To Take if You are Facing A Medical Debt Lawsuit

Posted on September 24, 2018by Admin

Medical debt was cited as the biggest cause of U.S. bankruptcies, according to a recent CNBC report. It is estimated that 2 million people were adversely affected. It’s not surprising, with the rising cost of healthcare. All it takes is one major medical crisis or trip to the emergency room, for a person to find themselves in over their head.

According to research from the American Enterprise Institute, more than two percent of adults have had medical bills under $200 sent to a collection agency after missing one or more payments. More than half of the medical accounts sent to collections on an annual basis were for amounts less than $600.

Not paying can lead to a lot of trouble relatively quickly. The medical service provider can make a report to a credit agency regarding the unpaid debt, even file a lawsuit against you.

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.

A review of the medical bills and the amounts owed on them were not substantial in numbers. The thing they had in common was the person responsible for the medical bill did not pay for six to 12 months. Of the bills sent to collections, 16 percent of them involved medical bills.

The research also showed that, even though medical costs go up as people age, the percentage of individuals who reported medical debt issues were relatively young. In fact, individuals who were in their late 20s were three times as likely to have their medical bills sent to collections as compared to those in their 60s.

However, improvements were noted in the report. The average size of the medical debt reported dropped 40 percent for consumers between the ages of 27 to 64. It should be noted, though, that these reports only included medical bills that were sent to collections. Many individuals rely on credit cards to pay for their medical expenses. These credit cards may also fall into default, which is an indirect way for medical expenses to also end up hurting someone’s credit score.

The reasons for why these consumers fell into default vary. It can depend on the person’s savings to pay for these unexpected medical expenses, but it can also depend heavily on the person’s health insurance plan. If someone has a high deductible plan, this means he or she must meet that deductible for any medical costs before they will be reduced. If the patient ends up needing a major medical procedure, the costs can go up very quickly.

Another problem involves the fact that patients will stop receiving treatment once their bills are sent to collections. If the individual who owes money needs the treatment for an important medical condition or procedure, this worry can cause even more stress for them in an already stressful time.

Experts strongly recommend that if you owe on a medical bill you contact your medical provider immediately, especially if you do not believe you will be able to pay on the amount owed. Contact the phone number on the bill and see if a payment plan can be worked out with the provider. Most are very willing to work with their customers and would prefer they be paid through an incremental plan than not at all. They can also verify that insurance has properly processed the claim before any payments are made.

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

Bankruptcy Law, Debt Relief, Student Loans

Trump’s New Budget Puts an End to Student Loan Debt Forgiveness Program

Posted on September 21, 2018by Admin

The President’s new budget proposal seeks to make major cuts to important student loan forgiveness programs and affordable repayment plans. The proposal, officially announced this week, seeks to cut income-based loan repayment programs and eliminate the Public Service Loan Forgiveness Program.

President Trump’s budget will also eliminate subsidized student loans. It is estimated that in the 2016-2017 school year, approximately 5.7 million students have subsidized loans. The budget will also reduce the number of income-based repayment plans offered to students. These plans allow the borrowers to pay back their loans at a rate that is proportionate to their income. The budget sets to drop these student loan assistance programs from four to one. The one program that is left caps students’ monthly payments at 12.5 percent. Under most current income-based repayment programs, student borrowers pay 10 percent of their discretionary income.

Also, under this program, undergraduate student borrowers would end up having their loans forgiven sooner, dropping the timeline down from 20 years to 15 years. They would end up paying more per month under this program, but for a smaller length of time. On the other end of the spectrum, however, graduate students will not have their loans forgiven for 30 years.

The Public Service Loan Forgiveness (PSLF) program was created under the College Cost Reduction and Access Act of 2007 to encourage graduates to work in public service while offering them a benefit of eliminating their federal student loan burden. These public service positions include public school teachers, social workers for the state or health researchers. If the student borrowers work in these positions and continue making payments on-time for 10 years, they can have their loans eliminated. It is estimated that two-thirds of student loan borrowers have expressed an interest in the PSLF program. These students are reported as making less than $50,000 annually. Trump’s budget plans to eliminate this student loan forgiveness program entirely.

If this program is eliminated, many are worried that college graduates will be less likely to apply for and take public service jobs. This elimination will end with fewer public defenders, public school teachers, state social workers, legal aid providers, even law enforcement. With their pay being lower than what it would be in the private sector, these borrowers are not going to be able to meet their monthly obligations, especially if the government makes it more difficult for the student to apply for an income-based payment program.

In addition, the budget cuts funding for approximately 30 other higher education programs, including the Supporting Effective Instruction State Grants, the Federal Supplemental Educational Opportunity Grant, and 21^st Century Community Learning Centers.

These changes would begin for students who borrow after July 1, 2019. The President’s proposal has been submitted to Congress and is subject to their approval. It is predicted that the budget will be modified; however, it remains to be seen what these modifications could entail. Student loan advocates hope that these modifications will restore some of the programs eliminated through this budget proposal. The alternative could mean very tough times ahead for student loan borrowers.

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

Do Not Fall for These Student Loan Debt Forgiveness Scams

Posted on September 20, 2018by Admin

Student loan debt is a major problem for many Americans. At times, it can seem like the debt will never go away. For many young borrowers who are barely able to make their payments, the thought of having their debts completely forgiven seems too good to be true.

Some borrowers are falling prey to companies who reach out to them via email or telephone, informing them that they have the relief that the borrower so desperately needs. These companies are telling the borrowers that they can work with them on a repayment plan or even offer complete student loan forgiveness. Some of these companies have been so bold as to state that they are associated with the U.S. Department of Education.

One such company, calling themselves the United Students of America, is contacting student loan borrowers and telling them that in exchange for paying them every month, the borrower can stop paying the student loan provider. In exchange, a representative from the company will work with the student loan provider to forgive the entire student loan. Sounds too good to be true, right? That is because it is.

These companies, masking themselves as “loan forgiveness programs” are taking advantage of individuals who are already in a very vulnerable financial state. They know that the borrowers are desperate for any type of relief and will say all of the right words just to get what they want.

The company, the United Students of America, has a disclaimer on their site stating that they do not negotiate, adjust or settle debts. However, unless the borrower were to know to look up this information in advance, he or she would be relying on whatever sales pitch is being given to him or her at the time. All they need is for the other person on the phone to believe them enough to give them their financial information.

It is always recommended that a borrower work directly with the student loan provider for any repayment programs. Always do your research into the company contacting you before making any decisions. Lastly, if a company is calling you directly, stating they have the solution to your student loan problems, chances are they are trying to sell some type of a scam.

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Bankruptcy Law

Timothy S. Kingcade Rated One of the TOP 3 Bankruptcy Lawyers in Miami

Posted on September 18, 2018by Admin

MIAMI – Managing Shareholder, Timothy S. Kingcade of the Miami-based bankruptcy and foreclosure defense law firm of Kingcade Garcia McMaken has been rated as one of the Top 3 bankruptcy lawyers in Miami, FL.

“It is an honor to have received this award,” said Timothy S. Kingcade. “It is a testament to the commitment my firm and I make every day to each and every one of our clients.”

Three Best Rated® was created with a simple goal of finding the top 3 local businesses, professionals, restaurants and health care providers in each city. The selection process involves a 50-Point Inspection and includes everything from evaluating the attorney’s reputation and history, complaints, ratings, satisfaction, trust and cost to the general standard of excellence.

Attorney Timothy S. Kingcade practices exclusively in the field of bankruptcy law, handling Chapter 7 and 13 filings and foreclosure defense cases for the Southern District of Florida. As an experienced CPA and proven bankruptcy attorney, Timothy Kingcade knows how to help clients take full advantage of their rights under the bankruptcy laws to restart, rebuild and recover.

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Miami-based Kingcade Garcia McMaken, P.A. was established by managing partner and bankruptcy attorney, Timothy S. Kingcade in 1996. The firm represents clients throughout the State of Florida in Chapter 7 bankruptcy and foreclosure defense cases. The firm is committed to providing personalized service to each and every client, clearly explaining the options according to the unique circumstances of his or her life. The office environment and the service provided are centered on a culture of superior client care for the financially disenfranchised. All partners and associates at Kingcade & Garcia, P.A. specialize in consumer bankruptcy and foreclosure and have dedicated their practices to this area of the law. Additionally, all attorneys and staff members at the firm are bilingual speaking Spanish.

Bankruptcy Law, Student Loans, Timothy Kingcade Posts

Student Loan Debt Puts the American Dream in Jeopardy

Posted on September 17, 2018by Admin

College students graduating and entering the work force are quickly discovering that their dreams of finding the perfect job, purchasing a home and starting a family, are just that – a dream. In fact, that far-off vision of retiring after working a job that they love and living their remaining years in a secured financial status hardly seem like reality. These visions are dashed as soon as they get that first loan statement showing just how much their education has cost them.

Many of these graduates are struggling to even make enough money to make their student loan payments, let alone save for a home or retirement. It is now estimated that 44 million Americans have some type of student loan debt, which is now estimated at $1.5 trillion.

While getting an education is arguably an important goal, the cost of a four-year degree is becoming too much for many students to bear. With the high costs to attend a university, most students have to take some type of financial aid, including public and/or private student loans. The average student now walks away with $35,000 in student loan debt, but many of them have much more than that if they choose to go to a private university or go onto graduate school, law school or medical school. It is not uncommon for a student graduating with an advanced degree to owe over six figures in student loan debt.

Education researchers are now saying that these figures have indicated we are at a time of crisis. After graduating, many student loan borrowers do not get a job with an income high enough to meet basic living expenses and afford to make their monthly student loan payments. This situation only sets them up for the possibility of defaulting on their student loans, a figure which is now estimated to be $560 billion in unpaid student loan debt.

Forbearances and deferment oftentimes only postpone the inevitable, while interest accrues every month and the overall balance balloons, extending the repayment period even further.

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

Betsy DeVos Loses Student Loan Lawsuit Brought by 19 States – Protections for Student Loan Borrowers Upheld

Posted on September 13, 2018by Admin

A Washington federal court judge ruled this week that U.S. Secretary of Education Betsy DeVos and the department’s postponement of the Borrower Defense Rule was ‘procedurally improper.’ The lawsuit, brought by 19 states and the District of Columbia, accused her department of delaying regulations meant to protect students who took out loans to attend college from predatory lending practices.

The Obama administration created the Borrower Defense Rule following disclosures that some for-profit colleges lured students with promises of an education and diplomas that would allow them to get jobs in their chosen fields. However, in the end the diplomas and degrees were not recognized by employers, leaving student loan borrowers with massive amounts of debt and nothing to show for it.

Federal student loan borrowers who attended a school that misled them about the quality of their education may qualify for loan forgiveness under the borrower defense repayment rule.

The Borrower Defense Rule changed the regulations for forgiving student loans in cases of school misconduct and required “financially risky institutions” to be prepared to cover government losses in those instances, according to U.S. District Judge Randolph Moss’s 57-page ruling.

Moss continued, by postponing the effective date of those regulations, the Education Department deprived students “of several concrete benefits that they would have otherwise accrued. The relief they seek in this action — immediate implementation of the Borrower Defense regulations — would restore those benefits.”

Moss’ decision also included claims by two student loan borrowers in a lawsuit filed on behalf by the consumer advocacy group, Public Citizen.

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

If you are facing foreclosure, Bankruptcy can help.

Posted on September 12, 2018by Admin

Every month, there are a number of Americans who fall behind on their mortgage payments. Some homeowners are able to work out loan modifications with their lenders, but many are not. It may seem counter-intuitive, but when someone is facing foreclosure and is in the middle of a major financial crisis, bankruptcy can be a viable option to help save that person’s home. Ultimately, it depends on your specific financial situation and the type of bankruptcy you file – but bankruptcy can be used as a tool to help keep your home.

The Power of the Automatic Stay

If your home is already set for a foreclosure sale, you may be asking, “how can I make it stop?” Filing for bankruptcy can put a stop to the process or at the very least postpone it. As soon as a petition for bankruptcy is filed, the court issues an order called an “automatic stay,” which puts an immediate halt to all collection activities that were happening to the homeowner before the petition was filed. This automatic stay also applies to foreclosure cases. Creditors (including your mortgage lender) must immediately cease collection attempts. Even if the mortgage lender has the home scheduled for a foreclosure sale, the sale will be postponed during a pending bankruptcy.

How a Chapter 7 Bankruptcy can Help:

Chapter 7 bankruptcy cancels all the debt secured by the home, including mortgages and home equity loans. This type of bankruptcy also goes a step further, thanks to a new law, Chapter 7 also forgives the homeowner for tax liability for losses the mortgage or home-improvement lender incurs because of the homeowner’s default.

How a Chapter 13 Bankruptcy can Help:

If you want to stay in your home and do whatever possible to get caught up on past-due mortgage payments, a Chapter 13 bankruptcy may be the best option. A Chapter 13 bankruptcy is also known as a reorganization bankruptcy. It allows you, as the bankruptcy filer, to work with the bankruptcy trustee to create a repayment plan to catch up on qualifying payments. Chapter 13 bankruptcy plans normally last anywhere between three to five years.

Florida’s Bankruptcy Exemptions

Florida has one of the most generous homestead exemptions in the country and allows homeowners to claim an unlimited value of their primary residence (if the property is not larger than half an acre in a municipality or 160 acres in a non-municipality). To use Florida’s exemptions, you must have resided in Florida for at least 730 days before filing your bankruptcy petition.

Although bankruptcy and foreclosure can be damaging to your credit, sometimes filing for bankruptcy can be the start of rebuilding your credit because it allows you to obtain a fresh start. Foreclosure not only damages your credit, but you are left with the mortgage debt, which will likely result in creditors not considering you for future mortgages. If you find yourself facing foreclosure and are concerned about your financial future, remember that filing for bankruptcy may help save your home.