Bankruptcy Law, Timothy Kingcade Posts

Bankruptcy Fraud Linked to GM’s Ignition Switch Recall

Authorities are investigating whether General Motors hid an ignition switch defect when it filed for bankruptcy in 2009, the New York Times has reported. The Justice Department is investigating if the automaker committed bankruptcy fraud by not disclosing the ignition switch problem, which led to the recall of 1.6 million vehicles last month. It is also being investigated as to whether GM understated the defect to federal safety regulators. The ignition switch defect has been linked to 12 deaths and the company is facing multiple investigations into how it handled the recall.

GM has been hit with a lawsuit demanding it be held liable for allegedly concealing ignition problems before its 2009 bankruptcy. The lawsuit also claims GM was responsible for not reporting to the federal government any safety-related problems for cars made before its bankruptcy. This is just the latest in a string of lawsuits filed against the company since the recall was announced.

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If you have any questions on this topic or are in a financial crisis and are considering filing 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, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Timothy Kingcade Posts

CareCredit Fined for Deceptive Marketing Practices

The popular medical credit card, CareCredit has been fined by regulators for its deceptive marketing practices. More than 100 professional groups, including the American Dental Association endorse the card. A regulatory filing done this week revealed the credit card company paid dozens of professional associations to convince their members to pitch the high-interest credit cards to their patients.

Protections in the U.S. Truth in Lending Act are designed to help consumers compare different financing options. CareCredit has been cited for faulty marketing practices by the New York Attorney General’s office and by the U.S. Consumer Financial Protection Bureau.

This is not the first time the company has come under scrutiny. Back in December of 2013, it was required to refund up to $34.1 million to consumers who were victims of deceptive credit card enrollment tactics at doctors’ and dentists’ offices around the country. Consumers signed up at the medical offices thinking the credit cards were interest free, but they were actually accruing interest of up to 26.99%, which kicked in if the balance was not paid at the end of the promotional period.

CareCredit had relationships with 107 professional associations and other groups as of December 31, 2013. Of these relationships, 63 were paid endorsements linked to member enrollment, according to the U.S. Securities and Exchange Commission.

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If you are in a financial crisis and are considering filing 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, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Timothy Kingcade Posts

JP Morgan Chase faces Class Action Lawsuit

The trend in robosigning has spread from mortgage to credit card debt in a recent lawsuit against JPMorgan Chase Bank. The bank has been accused of filing thousands of false affidavits in court. Miami resident Ruth E. Moya filed the class action lawsuit on March 11 in the Southern District of Florida against the NY-based bank and its credit card division. She is hoping to form a class with other customers who were hit with default judgments after the bank submitted a robosigned affidavit in support of the motion for default.

The lawsuit states that Chase relied upon and/or submitted improper, incorrect and fraudulent affidavits attesting to the alleged cardholders’ debts. These affidavits were executed by Chase employees, often thousands at a time, without the employee reviewing or verifying the information attested to in the affidavits. The lawsuit also claims the affidavits were notarized en masse by notaries who did not witness the party’s signature. It is alleged that this was done by Chase to obtain rapid default judgments without ensuring the accuracy of the cardholders’ debt. In Roth’s case, the lawsuit alleges that the amount of the default judgment Chase obtained against her was greater than the past due amount listed on her balance statement.

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If you are in a financial crisis and are considering filing 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, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Avoid Getting Audited this Year: 10 Tax Audit Red Flags

1.) You’re “very” charitable. Be careful not to exaggerate your good deeds. The IRS has pre-calculated a donation level for each income range, so anything that exceeds those amounts could cause the IRS to take a second look at your return. Keep in mind- you are required to keep receipts for any donations exceeding $250 and to fill out form 8283 for any non-cash donations exceeding $500. Non-cash donations are where a lot of people end up exaggerating and get into trouble. So remember, items that you are giving to Goodwill should be valued at the price someone would actually pay for them today- not the amount you purchased them for 10 years ago.

2.) You deduct your home office. The home office deduction is one of the most complicated and abused deductions in the tax code. Starting this year, you can claim $5 per square foot of workspace, up to 300 square feet. The deduction will be capped at $1,500 per year. The IRS’s definition of a home office remains the same. Your home office must be your primary place of business and used exclusively for work. So if you check your emails from the kitchen or work from home a couple times a week, this does not constitute a home office.

3.) You claim bizarre deductions. These can spark suspicion with the IRS. When in doubt, ask a tax professional before claiming these deductions.

4.) You’re a millionaire. Being rich has its benefits, but not during tax time. The more income you report, the higher the likelihood you will get audited. Be sure and keep up-to-date records of all income, donations and other transactions. The better documentation you have and the more organized you are, the less headaches you will have down the road.

5.) You claim the same child someone else does. If your ex files taxes before you do and claims your child as a dependent, the IRS is going to be very suspicious if you claim the same child as a dependent. This often happens when a couple gets divorced and one parent has primary custody, but the other still tries to claim the child as their dependent. Even if you are in the right, the IRS may force you to provide extensive documentation proving this.

6.) You have money abroad. The IRS has made it a mission to retrieve money that is illegally being stashed in overseas accounts. So even if you have money in a perfectly legal account abroad, you better report it. Failing to disclose this can result in penalties, including a fine of up to $100,000 or 50% of the account balance- whichever is greater.

7.) You claim the earned income tax credit. This refundable credit can be as much as $6,000 depending on your income and how many children you have. That’s why the IRS tries to make sure that this credit is only given to those who truly deserve it. If you claim this credit, make sure and have documentation including the Social Security numbers of all of your children and proof that they live with you (i.e. – letters from their schools or doctors that were sent to your address).

8.) You deduct gas costs. Most employers reimburse you for driving-related costs like gas and mileage. So if you are deducting hundreds or thousands of dollars of automobile costs as a business expense that is going to raise suspicion from the IRS. If you own a business, you can only deduct business-related costs. The gas you purchase for personal trips cannot be combined with that.

9.) Your “business” is really just a hobby. The general rule of thumb is that if the venture has not earned a profit in three out of the last five years, it’s usually not a legitimate business.

10.) You fail to report income. For those who earn money from a variety of different sources, it can be easy to forget an account. Some clients forget about small brokerage accounts they have and since the IRS receives information from brokerage firms directly as well, there is a good chance you will be contacted if your records do not match up with what the IRS receives. If you worked side jobs and earned more than $600 at any one of them in a year, those employers should send you a Form 1099 so you can report that income on your taxes as well.

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If you are in a financial crisis and are considering filing 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, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Quiznos Files for Bankruptcy

First Sbarro now Quiznos- it’s been a tough week for fast food chains. Executives at the chain restaurant, known for its toasted sandwiches, agreed to a restructuring plan that will reduce its debt by more than $400 million.

The company has lined up $15 million from investors to help keep the business running during the bankruptcy. All but seven of Quizno’s 2,100 restaurants in the U.S. and 30 other countries are independently owned by franchises, will remain open and operating as usual.

Quiznos once had more than 5,000 stores and was a competitive player in the sub market. But now, Subway has nearly 20 times the number of stores. Quizno’s CEO, Stuart Mathis has devised a plan of action that will help increase sales for its franchise owners moving forward. This strategy will look to reduce food costs, invest in local advertising, and in some circumstances, make loans available for restaurant improvements.

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If you are in a financial crisis and are considering filing 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, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Sbarro Seeks Bankruptcy Protection, Again.

The pizza restaurant chain Sbarro has filed for bankruptcy protection a second time after struggling with way too much debt and fewer customers in malls, where many of its restaurants are located. Sbarro plans on filing a Chapter 11 reorganization, which will allow it to cut its debt load by more than 80 percent. Lenders have supported the restructuring, which will require court approval.

Founded in 1956 by Gennaro and Carmela Sbarro, a married couple who immigrated from Naples, Italy, Sbarro quickly expanded in the New York City area. The original restaurant format featured an open kitchen which allowed customers to serve themselves.

The restaurant attributes its financial problems to an “unprecedented decline in mall traffic,” an “unsustainable” balance sheet and the closure of hundreds of its restaurants. However, experts in the restaurant industry attribute Sbarro’s loss in earnings to its outdated business model. The restaurant is trying to sell food that has been sitting out for a while. Today, more people want food that is made to order.

The company said it recently closed more than 180 money-losing restaurants and expected to close about 50 more. It now has 799 restaurants in more than 40 countries, employing about 2,700 people. Sbarro said the bankruptcy did not affect the 582 restaurants owned by franchisees.

Sbarro and 33 affiliates filed for protection from creditors with the federal bankruptcy court in Manhattan. The company reported assets of $175.4 million and liabilities of $165.2 million. It plans to shed $140 million of secured debt in the reorganization. Sbarro previously filed for bankruptcy protection in April 2011, and emerged from Chapter 11 the following November.

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If you are in a financial crisis and are considering filing 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, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Man who Faked Bankruptcy Faces 17 Years in Prison

A Sacramento businessman who asked the FBI to investigate his ex-wife ended up with the Feds investigating him. Steven K. Zinnel, now 50, and his wife split in 1999. They had two sons. Zinnel, a successful Gold River businessman declared bankruptcy during the proceedings. However, his bankruptcy, which was finalized in 2005 was fake. He had put money in accounts with other people’s names on it and hid assets. As the case proceeded through family court, he continued to hide assets and disguised his wealth so he could pay less in child support.

Zinnel was in the clear until he asked the FBI to investigate his ex-wife, Michele, for trying to get illegal access to his private health insurance information. However, when the authorities heard her side of the story, they were more interested in Zinnel’s bankruptcy than her alleged offense.

The president of the electric substations company that was paying Zinnel off the books agreed to cooperate with the Feds and participated in taped interviews with undercover agents. Far from being bankrupt, Zinnel was found to be worth several million dollars. He was convicted on 15 counts of bankruptcy fraud and money laundering. This week he was ordered to forfeit $2.8 million of his assets, pay a half million dollar fine and serve more than 17 years in prison.

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If you are in a financial crisis and are considering filing 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, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Foreclosures, Timothy Kingcade Posts

Two “Real Housewives of New Jersey” cast members admit to mortgage and bankruptcy fraud

Teresa and Giuseppe “Joe” Giudice, the couple on Bravo’s hit reality TV show, “Real Housewives of New Jersey” both pleaded guilty this week to mortgage and bankruptcy fraud. The popular reality show featured a handful of “supposedly” wealthy cast mates flaunting their lavish lifestyles for five seasons. The Giudices, in particular, flaunted cash freely on the show.

Teresa, 41, and Joe, 43, admitted to conspiring for years to defraud banks and other lending institutions while seeking nearly $5 million in construction loans home equity loans and mortgages. They also admitted to misleading a federal bankruptcy court. After applying for Chapter 7 bankruptcy protection in 2009, the Giudice’s failed to disclose Teresa’s true income from the “Real Housewives” show and personal and magazine appearances. They also concealed businesses they owned and money made from rental income.

Under federal sentencing guidelines, Joe Giudice is facing a recommended prison sentence of 37 to 46 months. Teresa’s lawyer is pushing for a much lesser sentence of only probation, saying she bears less responsibility than Joe for their decade of fraud and noting that the couple has four daughters who need to be cared for. Under the sentencing guidelines, it is recommended that Teresa receive less than 2 ¼ years in prison.

During the 75-minute hearing, before U.S. District Judge Esther Salas, both of the Giudices admitted to one count of conspiracy to commit mail and wire fraud, one count of bankruptcy fraud by concealment of assets, one count of bankruptcy fraud by false oaths, and one count of bankruptcy fraud by false declarations.

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If you are in a financial crisis and are considering filing 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, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Best Credit Cards of 2014

The list is finally here! After an in-depth, independent investigation NextAdvisor.com has revealed its Best Credit Cards of 2014 list. This list can help you determine the best credit card for your financial situation and spending habits.

Best Travel & Rewards Card: Barclay Arrival World Mastercard. If you like to travel, this card is for you. This travel credit card earns 2 miles per dollar (equivalent to 2% cash back) spent on all purchases with no mileage caps or foreign transaction fees. In addition, consumers will earn 40,000 bonus miles after spending $3,000 in the first 90 days- equal to $400 worth of travel. The points are easy to redeem. Simply use the credit card to book the travel and then redeem your miles for a statement credit against the cost.

Lowest APR Card: Citi Simplicity Card. This card allows you to pay 0% interest for 18 months- the longest interest-free period for both purchases and balance transfers available. Think about using this card if you are looking to make a big purchase soon and plan on carrying the balance for a while or if you are looking to transfer a balance from another credit card. There are no late fees or penalty fees associated with this car.

Best Cash Back Card. BankAmericard Cash Rewards TM Credit Card. If you are looking for the best money-making cash back credit card, look no further. This card offers consumers 2% cash back at grocery stores and 3% on gas (for up to $1,500 in combined gas and grocery purchases each quarter) and 1% cash back on everything else. In addition, there is a $100 online cash rewards bonus after spending $500 in the first 3 months, and a 12-month 0% intro APR on purchases and balance transfers.

Best Balance Transfer Card: Slate from Chase. If you have been stuck paying high interest rates on your credit card balances this card is for you. You can transfer your balances from other credit cards free of charge and start enjoying 15-month 0% intro APR on all purchases and balance transfers. This will allow you time to pay down the balances and will save you money on interest charges in the interim.

Best Card to Help Rebuild your Credit: Capital One Secured Mastercard. If your credit rating has taken a hit recently or you are simply trying to rebuild your credit following bankruptcy, the Capital One Secured Mastercard is a smart choice. This card is available to those with poor or no credit and can help consumers rebuild their credit history, if they use the card responsibly.The Capital One Secured Mastercard requires that you provide a cash collateral deposit to help secure the account. This deposit is usually equal to the line of credit on the card, and will help pay the balance in case of default. By making timely payments each month you can help boost your credit history. This card also reports to all three major credit bureaus on a monthly basis.

Best Student Credit Card. Citi Dividend Card for College Students. This card offers 5% cash back in quarterly rotating categories, 1% cash back on everything else and no annual fee. There is a 0% intro APR for 7 months, allowing you to use the card to purchase books tuition costs and pay no interest for 7 months.

Best Business Credit Card: Chase Ink Cash Business Card. Business credit cards are a great way to fund your business and keep your personal and business expenses separate. This card is oriented more towards business spending. You will earn 5% cash back on office supplies, on mobile phones, landline, Internet and cable TV expenses. You will also earn 2% cash back on the first $25,000 spent each year at restaurants and gas stations. This card also has 0% APR for 12 months on balance transfers and purchases and no annual fee.

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If you are in a financial crisis and are considering filing 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, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Bankruptcy Law, Credit

Hospital Bankruptcies the Result of a Downward Trend

A recent study by the Department of Health Services Administration at the University of Alabama, reveals that it is not simply a “bad year” but a downward trend over time, decreasing volumes, reimbursement changes and deteriorating physician relationships that results in a hospital filing for bankruptcy.

While 67 percent of hospitals that filed for bankruptcy eventually closed, one-third completed a re-organization. The study examined a six-year period from 2000 to 2006, during which 42 hospitals across the nation filed for bankruptcy. Data was compiled from the American Hospital Association and trade publications to get detailed information on these organizations.

The study revealed that filing hospitals tend to be smaller and many factors were involved, including: poor financial management, changes in pay, reimbursement reductions, overzealous construction, purchasing of physician practices, decrease in volume and demographic shifts.

Many organizations often overlook the signs and wait until they are in a very poor financial condition before filing. If the hospital starts pursuing strategies to change earlier, they have a better chance at restructuring afterward. Hospitals need to look at the issue from a positive perspective. First, bankruptcy can be a good way for hospitals to get debt relief and be purchased by a system or other hospital. It also gives time to pause and think about how they will move forward in the future.


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If you are in a financial crisis and are considering filing 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, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.