October 2018 - FREE CONSULTATION

More than Thirty Percent of Homeowners Paying for Home Renovations with Credit

Posted on October 30, 2018by Admin

Despite the fact that American homeowners hold more equity in their homes than ever before, a growing number are using credit cards for major renovations. This trend has financial experts scratching their heads as to why these homeowners are choosing to use credit cards in lieu of less risky options to pay for major home expenses.

According to a recent study done by home improvement website Houzz and Synchrony Financial, of the home renovations completed in 2017, over 36 percent of them were funded by credit cards. This figure has jumped over 25 percent from 2011 where 29.5 percent of home renovations were paid with a credit card. It appears as if this number is steadily increasing over the years.

In the survey, 85 percent of those who responded said that they utilized cash or savings to pay for their renovations, which is the ideal situation. However, 33 percent of them said they used credit cards to pay for the renovations, while only 15 percent of them used a home equity loan.

This new trend seems to be led by the millennial generation. These younger homeowners prefer to use credit in lieu of a long-term loan to pay for major expenses. Of the homeowners surveyed between the ages of 25 and 34 years old, 41 percent of them paid for home renovations with credit cards. Of the older demographic, specifically homeowners over the age of 55 years old, only 30 percent of them used credit cards for major renovations.

This younger generation of homeowners is more likely to pay off these expenses over the course of time. According to the survey, over 60 percent of those individuals intend to pay those credit card balances over the course of time. In fact, many of these homeowners make these large expenses by using a promotional card, many of which offer low or no interest for a specific period. If the homeowner can pay off the expenses within that period, they will not have to pay on any interest. The problem arises when the homeowner is not able to pay the balance before the promotional period expires. If that happens, he or she will be paying a large interest rate on the remaining balance. This possibility of incurring interest is additionally why many older homeowners prefer to pay for renovations with a home equity loan.

Another reason these younger homeowners are using a credit card for payment is the quick access they have to the funds. Applying for and being approved for a home equity loan can be a much longer process, and if the homeowner needs the money quickly, a credit card may seem like the better option. However, the consequences of using a credit must be weighed against the benefits before determining which option is best for you.

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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.

Beware of Law Firms’ Letters Saying You Are Being Sued for an Outstanding Debt

Posted on October 29, 2018by Admin

Normally when you get a letter in the mail from an attorney’s office, you take the threat of a potential lawsuit seriously. However, some consumers are finding that they are being contacted by law firms alleging that they are being sued for a debt that they do not actually owe.

One report has come from a consumer who was contacted by a San Diego law firm, Hyde & Swigart, via a letter that stated that the addressee may have been sued and that county records indicated that he or she has been sued recently regarding a debt that is outstanding.

The letter also stated that if the individual had not received documents for a proceeding it is likely because the debt collector who is pursuing the debt did not send notice of the proceedings to the consumer in hopes of getting a default judgment against him or her. The firm then stated that they would help the consumer by reviewing the case for free. If the consumer wanted to hire the firm to represent him or her on the debt, it would cost him or her anywhere from $300 to $850. The problem is, this firm is offering to pursue a legal claim that may or may not actually exist or may not involve the person contacted.

This issue is not an isolated one, it is actually quite common. These firms will check the dockets for debt lawsuits and will send letters to those involved in hopes of getting business. However, the names listed on these cases may not actually be accurate, or they may not be the same person as the individual who receives the letter. In cases of mistaken identity, these letters raise a major red flag.

Many seniors have fallen prey to these tactics. These individuals are understandably concerned when they receive these letters, but they may jump to action before researching whether the claims are valid.

One item of concern that all consumers should be aware of is the fact that you have the legal right to be served with notice of legal proceedings. A debt collector cannot easily get a default judgment issued against you for a debt if you have never received notice of a legal proceeding. If that has happened, you do have legal recourse to fight the default judgment.

What these law firms are doing is another form of “ambulance chasing,” to put it into other words. The tactic is also alarming to individuals who are not the actual debtors involved in the case. By the type the person contacted has done the research to ensure that he or she is not the actual person named in the case, he or she has already gone through a great deal of unneeded and unwanted stress and anxiety.

These firms claim that the letters are helpful to the people they contact, although they have not gotten a favorable response from many of those reached.

Many of the state bar associations prohibit any solicitation for new clients if the communication is “false, deceptive or which tends to confuse, deceive or mislead the public.” However, many of these letters state that the person may or may not be party to litigation. The letter does not actually say that the person is, in fact, a party to any litigation. Therefore, the communication may not actually be considered deceptive. It is, however, walking a fine line.

Another consideration to keep in mind is your debt may not be legally collectible. If the debt has passed the state’s statute of limitations, a legal action cannot be brought to collect upon the debt. This defense will need to be raised in court if a legal action is brought, but it can fight any action, if one is presented.

Lastly, a consumer always has the legal right to request written confirmation of the debt that is allegedly owed. If a law firm has contacted you with a similar letter, you have the right to request written confirmation of the debt to see if it is a debt you owe. Do not go off the information in the letter alone. The creditor is legally obligated to provide this written confirmation as soon as it is requested. If a debt collector contacts you on a debt, the first step to take is to request written verification on the debt.

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Bankruptcy Law, Debt Relief

Bouncing Back from Bankruptcy Can Happen Sooner than you Think

Posted on October 26, 2018by Admin

There are many misconceptions surrounding the amount of time it takes to rebuild credit after bankruptcy. But a new study reveals that individuals who file for bankruptcy can improve their credit score sooner than they think.

According to a recent study by LendingTree, more than 40 percent of consumers end up having a credit score of 640 one year after filing for bankruptcy. Approximately 65 percent of filers see the same score, at least, three years after the bankruptcy case is over.

What the study showed was that it is possible to bounce back from a bankruptcy, and relatively quickly. With proper planning and financial insight, it is possible for a bankruptcy filer to get back on his or her feet financially.

It helps to first evaluate how you got to the situation where bankruptcy was needed. Were you spending beyond your means and relying too heavily on credit? Perhaps a medical crisis brought on the debt or an unfortunate event like the loss of a job or a divorce caused the hardship.

The next step is to work on rebuilding your credit. One of the best ways to get credit back to where it once was is to pay all bills on time every month. Missing a payment is such an easy way to hurt your credit score. Put together a budget, see what your monthly expenses are, and stick to that budget. Make sure you have enough income every month to meet your monthly obligations, and set up automatic payments, if needed, to be sure no bills are missed.

In addition, the use of a secured credit card can also help rebuild credit. While these cards do have higher fees and lower spending limits, they can be excellent ways to build up credit and show that you can continue making payments on a card on a regular and consistent basis.

Once you use a secured credit card for a period of time, try to find a card with a lower interest rate. However, the key is to not overspend with this card. Use the card for only necessary expenses and make sure that the balance is paid off in full on a monthly basis.

Experts also recommend that you set up an emergency fund or savings account in the event you run into a financial crisis again in the future. Try putting away a small amount of money regularly on a monthly basis, if not setting up an automatic transfer into savings if possible. By having this emergency fund there, you are protecting yourself from having to rely on credit again in the event a major crisis occurs.

Following these tips and recommendations can help you rebuild your credit after bankruptcy. It may seem like the impossible dream, but with hard work and determination, it is possible.

See what some of our clients have to say about their credit score after filing for bankruptcy…

My credit score said on all three reports 775, I couldn’t believe that I had such a great score before 10 years. Tim for me was the best move I have made for my situation. I have no regrets, I am glad the past is the past. – Bill T.

Hi Tim- I just wanted to send a quick note and thank you and your team for handling my bankruptcy case. It is only a month or two after discharge, and my credit scores are already in the upper 600’s. I’ve sent a screenshot if you would like to use this to show prospective clients. – C.S.

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

Tips to Protect Yourself from Zombie Debt Collectors

Posted on October 25, 2018by Admin

Debt collectors can be persistent when it comes to trying to collect on a past-due account. While many of these efforts may be completely valid, debt collectors will even try to collect on debt that is not legally collectible, otherwise known as “zombie debt.”

What exactly is zombie debt? A zombie debt is a past-due account that is outside of the statute of limitations, meaning it is not legally collectible. Every state has a statute of limitations which sets how long a creditor has to sue on an unpaid debt.

Florida’s statute of limitations varies depending on the type of debt. For example, written contracts such as personal loans, the statute of limitations is five years. So once this type of debt is more than five years past due, the lender can no longer sue to collect money owed. For other debts, the statute of limitations is shorter. Oral contracts and revolving accounts such as credit cards have a statute of limitations of four years.

However, just because the timeline has passed does not mean the creditor will stop trying to collect on the old debt. Many debtors will mistakenly pay on a debt that is past the statute of limitations because they are not aware of this legal protection.

It is extremely important that you not pay on a debt that is past the date for the statute of limitations. A single payment can reactivate the debt and reset the clock on the statute of limitations. This tactic is otherwise known as re-aging an old debt, and it is one that is commonly used by debt collectors to trick debtors into paying on a debt that they would not be legally obligated to pay.

If a debt collector contacts you on a debt, the first step to take is to request written verification on the debt. The debt collector must provide you with information to show how old the debt is and how much is owed. If the debt is past your state’s statute of limitations, you will not be legally required to pay back the debt.

It also helps to know your rights when it comes to communications from debt collectors. Under the Fair Debt Collection Practices Act (FDCPA), third-party debt collectors are prohibited from engaging in collection tactics that are harassing, threatening or illegal. If the collector is contacting you before the hours of 8:00 a.m. or after 9:00 p.m., they are in violation of the FDCPA.

The same rule applies if they contact you at work if you have informed them that they are not to contact you there. They are prohibited from using threatening or abusive language when trying to collect on the debt, as well. They also cannot misrepresent who they are by saying that they are an attorney or litigation firm when contacting you. They are also not allowed to threaten a lawsuit if they know they have no grounds to file one, especially if the statute of limitations has expired.

If you feel you have been a victim of zombie debt collection, first request that the debt collector provide you written documentation verifying the debt and check for any discrepancies. It is important that you respond to all court summonses to ensure that a debt collector does not win a court case by default.

If you have received notice of a lawsuit on a debt that has expired per the statute of limitations, do not ignore the suit and simply assume the court will recognize on its own that the debt is old. Courts give you a limited time to file an answer to a legal complaint, and by not responding, you could end up with a default judgment that is not in your favor. If you receive a notice of a claim for a debt that has expired, it is important that you contact an attorney who can file an answer on your behalf stating that the debt is past the statute of limitations and further protect your legal rights.

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

How to Lower Credit Card Debt and Improve your Credit Score

Posted on October 24, 2018by Admin

Having a good credit score can make many things in life easier, especially when it comes to purchasing a new home or vehicle. However, it can be easy to get off track. Credit card debt with a high interest rate is one way to lower your credit score, but for many Americans, that is exactly what has happened to their financial situations.

The problem of credit card debt may be more widespread than we think. According to Experian, the average American consumer owes more than $6,000 in credit card debt. This figure has gone up three percent in just one year. This amount of debt can be very difficult to get out of, even for someone earning a decent annual income.

Retail credit cards can be particularly tempting, especially when offered a great deal at the cash register, but these cards come with high interest rates and can be easy to rack up debt. Unless you are able to pay the retail card off in full after making the purchase, it is not recommended that you sign up for these department store cards.

Many consumers believe that not having a credit card is best when it comes to staying out of debt, but it is important to at least establish a credit score. Having one card, using it for minimal expenses and making payments on the balance in full on a regular basis every month can be an excellent way to establish that strong credit score. In fact, by having a high credit score, you have a better chance of getting a card with a low interest rate when opening the account.

What happens if you do have credit card debt that has gotten out of hand? If possible, it is best to make a larger payment than the minimum payment amount. If any extra money is available in the person’s budget, it is best to put that extra money towards paying the debt. In addition, it can help to focus efforts on one card at a time, usually the card with the highest interest rate first. Once that card is paid, focus all the money that was going towards the first card on the next one and so on until the accounts are paid in full.

If you are not able to keep up on payments, contact the credit card company to negotiate a lower payment. If you fall behind on payments, it may be wise to contact a credit counselor to discuss repayment plans or negotiate the debt amount. If you are not able to make either of these options work, it may be time to talk to a bankruptcy attorney to discuss the options available to help eliminate the debt.

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Bankruptcy Law

Financial Options for Students to Discharge Private Student Loans in Bankruptcy

Posted on October 22, 2018by Admin

Many students take out a combination of federal and private student loans to cover the costs of a higher education. Discharging federal student loan debt has been difficult for borrowers struggling to make payments- but there are ways to file for bankruptcy with student loan debt. Private student loans are not handled in the same manner as federal loans when it comes to bankruptcy.

Student borrowers who were not able to repay their loans or did not qualify for public service loan forgiveness or flexible student loan repayment plans, often considered bankruptcy as a back-up plan. After July 1, 2019, this concern will be even more pressing as Congress is hoping to end certain repayment programs, including public service loan forgiveness. For these students, the good news is they will be able to have their private student loans forgiven in bankruptcy, unlike their federal loans.

If the loan is a federal loan, it will only be discharged in the event the borrower is able to claim undue hardship, meaning he or she will need to file a petition for determination of undue hardship with the bankruptcy court. This hurdle can be a tough one for the borrower to clear and often results in the borrower not being able to clear the debt through discharge.

Additionally, if you have private loans that were for a school that is not accredited, the loans can likely be discharged in a bankruptcy. For these loans to be protected and not discharged, the school must be considered an “eligible educational institution” or the private loans must be for a “qualified higher education expense.” To qualify as a private student loan, an accredited school must have also offered Title IV federal loans.

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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, Student Loans, Timothy Kingcade Posts

What Happens to Student Loan Debt When You Die?

Posted on October 19, 2018by Admin

One of the more common questions asked by student loan borrowers has to do with what happens to the obligation if the borrower dies before the loan is paid in full. Does the loan die with that person, or will their loved ones be held responsible for paying it off after the borrower’s death?

According to the U.S. Department of Education, if the borrower of a federal student loan dies, the loan is automatically canceled, and the debt is discharged by the government. Unfortunately, private student loans do not offer the same liability protections. Whether or not your private student loans will be discharged when you die depends upon your student loan contract. It is important to check the terms regarding death and disability discharge in your student loan contract.

Some private loans, including Sallie Mae’s Smart Option Student Loan or New York HESC’s NYHELPs loans, do offer death and disability forgiveness in the event the borrower dies or becomes permanently disabled. However, not all lenders are so generous.

If the student loan borrower is married, many believe that the spouse of the deceased remains liable for the debt. With traditional student loans, if the spouse is not listed as a joint account holder or a co-signer, the spouse is not legally liable for the debt. If the spouse did co-sign for the loan, he or she may still be liable for the student loan just as he or she would with any other co-signor obligation.

If the borrower lives in a community property state with his or her spouse, and the borrower dies, the spouse will be considered liable for the debt, regardless of whether the spouse’s name was ever on the original student loan unless the state has exceptions in its own laws. The states that are community property states include Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.

The state of Alaska is unique in that married couples can choose to opt into a community property situation, but it is not required. For the other states that are not community property states, so long as the debt was never co-signed or jointly in the name of the deceased borrower, the surviving spouse will not be held responsible for the debt.

One important issue that should be addressed involves the tax implications of the student loan debt of the deceased being forgiven. Even if a student loan is cancelled or discharged due to a death or disability, the deceased’s estate may owe taxes on the amount that is forgiven before the estate can be closed. Therefore, while the surviving spouse or loved ones of the deceased may be in the clear when it comes to the actual debt itself, they may still owe something when it comes to taxes on the amount that was forgiven.

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Bankruptcy Law, Debt Relief, Timothy Kingcade Posts

Which Business Debts Are Discharged in a Chapter 7 Bankruptcy?

Posted on October 18, 2018by Admin

If you are struggling to pay off business debts, filing for bankruptcy can help. A bankruptcy is not just a way to liquidate a business, it can serve as a way for you to keep your doors open while you reorganize and regroup. Business owners can file for Chapter 7, Chapter 11 or Chapter 13 bankruptcy. You may have questions about what types of business debts can be discharged in an individual Chapter 7 bankruptcy case. It depends ultimately on the type of business as well as the debt.

The types of debts that can be discharged in a Chapter 7 bankruptcy case include:

Unsecured debts, such as credit card bills or medical bills;
Some legal judgments;
Unsecured debts owned by a sole proprietor;
Obligations included under a lease or contract that were entered into by a sole proprietor, including commercial and residential property leases or equipment rental leases; and
Personal loans or promissory notes.

This list of debts includes only unsecured debts, meaning these debts are not connected to collateral or a piece of property. Secured debts are handled under different rules and require other considerations and depend on other factors, including whether a deficiency between what the property is worth and the amount that is owed on the property exists.

If your business is a sole proprietorship, you and your business are treated equally, which means that any unsecured debt that was obtained under the sole proprietorship can be discharged through a Chapter 7 bankruptcy case. If the business owes on a secured debt, this secured debt will be treated just as it would be treated in an individual bankruptcy filing.

If the business is a partnership, it is considered a separate legal entity. If the partnership files for bankruptcy, no discharge exists for the business debt. Normally the bankruptcy trustee will close and liquidate the business, selling the business or its assets to pay off the creditors. In a general partnership, all partners are personally liable for any business debt under the partnership. If the partnership fails and the bankruptcy court must liquidate the debts of the business, if there is still money owed on the debts due to the assets not being enough to satisfy the debts, the bankruptcy trustee can go personally after the partners to satisfy any outstanding obligation. It is usually advisable for the individual partners to file for Chapter 7 bankruptcy in their own names and discharge both the personal and business debts.

If the business is a corporation, it can file for Chapter 7 but will not receive a bankruptcy discharge of the business debts. Just like a partnership, the bankruptcy trustee will close the business and liquidate it under a Chapter 7 case, using that money to pay off the outstanding obligations. However, since shareholders are normally involved in a corporation, other complications do arise when it comes to closing a corporation and paying off business debts.

Lastly, if the business is a limited liability company (LLC), the same rules apply. The LLC can be liquidated through a business bankruptcy, but the debts must be either paid through the assets of the business or the debts can be discharged through a personal bankruptcy case.

Credit, Credit Card Debt, Debt Relief

How Your Grace Period Can Save You from Credit Card Debt

Posted on October 14, 2018by Admin

Using a credit card for certain purchases doesn’t have to be a bad thing, but problems arise when these purchases pile up and the account holder is not able to pay off the statement balance every month. Successfully utilizing the credit card’s grace period, can help avoid this.

What Is a Grace Period?

The grace period is the time an account holder’s credit card billing period ends and when the payment is due, as indicated on the statement. It is during this period that the account holder will not be charged interest on any purchases made during the billing cycle so long as he or she pays the balance in full by the due date.

Benefits of Grace Periods

A card’s grace period can allow for the cardholder to make a large purchase interest free. If the consumer makes the purchase right after the closing date of a current billing cycle, he or she can leverage the grace period to avoid interest charges.

Word of Caution

One word of caution should be issued when it comes to grace periods. Not all credit cards offer them. It is important the cardholder review the fine print for the account to make sure that the grace period exists and for how long.

Can a Grace Period Be Lost?

If the account holder is not careful, he or she could lose a grace period. One misconception is if the person carries even a small balance from one billing cycle to the next cycle, the cardholder will lose the grace period. However, many cards offer initial terms that include zero percent APRs on purchases so long as they make these purchases within the period offered, which is normally 12 to 18 months. Even if the cardholder loses the grace period, many cards will reinstate it if the cardholder pays the card’s outstanding balance in full for two straight months.

Can a Grace Period Be Extended?

Sometimes it is possible to extend a grace period. Many companies will change the card’s due date if requested and push the due date back can allow the cardholder extra time. Not all cardholders will allow for it, but it does not hurt to ask if this is a possibility.

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Bankruptcy Law, Credit Card Debt, Debt Relief

Study shows women struggle more with credit card debt than men

Posted on October 11, 2018by Admin

Credit card debt is a problem for many Americans but according to a recent study by WalletHub, it appears to be more prominent among women.

Credit card spending is at an all-time high. Last quarter, consumers ran up nearly $30 billion in credit card debt, the highest seen since the 2008 financial crisis.

In this study, women cardholders reported that they were struggling with their card payments, on top of other monthly expenses. In fact, one in four female cardholders reported that they did not feel confident at all in their ability to pay their bills in full monthly. This figure is double the percentage of men reporting the same sentiments.

Approximately 31 percent of women surveyed reported that they were able to pay their credit card monthly statement balances completely in full once or less in the past six months.

What does this mean for female cardholders? According to these figures, if we had two groups of individuals, one group female and one group male, each carrying $5,700 of credit card debt, paying this balance off in full will end up eating up much more of the total annual income for the women than the men.

Federal reserve figures report that the average female salary is $41,554 annually while their male counterparts earn on average $51,640 annually. Paying just shy of $6,000 in credit card debt ends up taking a much larger percentage of their annual income, making it much harder to keep up with other monthly expenses.

Single mothers are a subgroup that is suffering particularly hard. Many of these women are already on tight budgets, and when a major expense hits, it can be hard for them to keep up with monthly bills, let alone pay a credit card off in full. Some even rely on credit cards to cover daily expenses.

Did you know that one of the leading causes of bankruptcy in America is divorce? Many people say issues regarding money cause divorce, but money problems after divorce can also be equally troubling. In many instances, single mothers become the sole financial providers for themselves and their children.

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