Bankruptcy Law Archives - Page 116 of 128

Bankruptcy Law, Credit, Timothy Kingcade Posts

As Debt Grows, Students Delay Payment

Posted on March 4, 2013by Admin

Student loan debt surpassed both credit card debt and mortgage loan debt last year. While recent graduates are struggling with a weak job market and bad economy, many borrowers are delaying principal and interest payments, causing an even larger surge of student loan balances. The housing market showed signs of recovery during 2012, however unemployment rates remained high. According to Ezra Becker of one of the three major credit-reporting agencies, TransUnion, students can only defer repayment for a short period of time, after which, borrowers often find themselves in financial troubles.

TransUnion tracked active student loans in its credit database from March 2007 to March 2012 and determined that 65.5 million of the 128.8 million in outstanding student loans were in deferment. The report also showed that the balance of loans including all lenders that are in deferment represent $388 billion of the $893 billion in total outstanding loan debt. The average in student debt had also increased to $23,829 since 2007, approximately a 30 percent increase. The surge in student loan debt has had negative impacts on individuals, lenders and the economy as a whole. According to U.S. Senator Dick Durbin D-III., Americans are struggling with such significant student loan debt that many are forced to put off major life decisions such as buying a home or starting a family.

If you have any questions on this topic or are in a financial crisis and are considering filing bankruptcy, contact an experienced 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, P.A. at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Foreclosures, Timothy Kingcade Posts

Why is the Flood of Bankruptcies Good for America?

Posted on February 28, 2013by Admin

America has been scrutinized in the past for its mechanisms for clearing its debts. However, the recent wave of bankruptcies and foreclosures are beginning to payoff in America with a recent growth in both consumer and business confidence. Although bankruptcy is a scary thought, America’s bankruptcy courts provide a clean slate for both creditors and debtors. Due to America’s bankruptcy and foreclosure systems, American’s have cut their total outstanding debt levels by more than $1 trillion since the housing crisis of 2008.

Many other countries, particularly European countries, do not operate in this way. In 2011, 1.36 million Americans filed for personal bankruptcy. That is approximately 450 per 100,000 people. A study compiled by a German debt management company showed that in Germany, France, Austria, Finland, the Netherlands and Spain approximately 96 per 100,000 people filed for personal bankruptcy. Unfortunately, these numbers are not the reflection of a better economic environment; it is because many Europeans do not have the option to have their debts cleared.

Bankruptcy Law, Credit, Timothy Kingcade Posts

One in Four Consumers Have Errors on Their Credit Reports

Posted on February 25, 2013by Admin

A study conducted by the Federal Trade Commission (FTC) showed that approximately 26 percent of consumers found errors on their credit reports. However, only about five percent of these study participants had errors on their credit report that was damaging to their credit score. The five percent with damaging errors on their credit score are more likely to be denied for loans or have higher interest rates, as a result of the errors. There has been controversy for many years regarding the accuracy of credit reports and the recent study by the FTC made valid points for both sides of the argument. The study followed 1,001 consumers as they checked their credit reports for errors. Those who did find errors were also followed as they disputed the errors. Once the errors were fixed, it tracked how the consumer’s credit score improved.

The best way to avoid damaging errors on your credit report is to keep a close eye on it. You can request a free report once a year from three major agencies: Experian, Equifax and TransUnion. If you find a mistake, you should dispute the error. Unfortunately only 19 percent of credit reports errors are disputed. However, disputing an error is relatively easy, if you use the online features that are available.

Bankruptcy Law, Credit, Timothy Kingcade Posts

12 Tax Breaks You Have Never Heard Of

Posted on February 20, 2013by Admin

Many Americans pay more in taxes than they are required, simply because they are unaware of the approximately 200 tax breaks in the system. The Government Accountability Office estimated that as many as two million taxpayers overpay by not itemizing their deductions. Many breaks target tiny constituencies and specific companies.

Here are 12 little known deductions and credits that you may not know about:

1. Charity Donations from your IRA: The early January fiscal cliff deal resuscitated an expired provision that allows people ages 70 ½ and older to donate up to $100,000 from their IRA to a qualified charity without paying taxes on the transfer.

2. Your Child’s Tuition or Medical Care: Parents or grandparents can pass along up to $5.12 million to their children or grandchildren over the course of their lifetime, (or $14,000) per year without incurring an inheritance tax. If parents want to give even more than that, they can get around those limits by paying for their children’s education or medical expenses.

3. Fostering a Pet: Foster pet owners can deduct expenses such as food, litter, vet bills, paper towels, etc. while waiting for the foster pet to be placed in a permanent home. Foster pet owners can even deduct mileage to the vet, in some cases.

4. Alternative Medical Treatments: The IRS allows alternative medicine including acupuncture, vitamins, herbal supplements and Christian Science to be deducted as medical care. Deductions extend to alternative forms of treatment as long as a medical practitioner prescribes them.

5. Private Mortgage Insurance: Another provision revived by the Fiscal Cliff deal allows taxpayers to deduct their premiums for private mortgage insurance. Many homeowners are unaware of this deduction, which can run from $50 to $220 a month on a loan of $250,000.

6. Moving Away for your First Job: One deduction that helps recent graduates is the one that allows you to deduct moving costs for your first full-time job. If you move at least 50 miles away from your old home, with at least 39 weeks of full-time work during your first year at a new employer, you qualify for this deduction.

7. Driving for Charity: If you do any driving related to charity work, it is deductible at 14 cents per mile. This deduction includes parking costs, along with other out-of-pocket expenses you incur during charity work.

8. Retirement Investments: Taxpayers with limited incomes can get a deduction and a tax credit for putting away money in retirement plans. Most who invest in a plan such as an IRA receive a deduction, however approximately 57 million households also qualify for a Savers Credit.

9. Whale Hunting with Alaskan Natives: Boat captains involved in subsistence hunting of endangered bowhead whales in Alaska can deduct up to $10,000 of their expenses. In order to qualify for this deduction, you must be hunting to provide food or materials for your family.

10. Stock Donations to Charity: If you donate stock rather than cash, you can receive a larger deduction on your donation. If you donate stock that has appreciated in value, you can write off the fair-market value and avoid the capital-gains tax on the stock sale.

11. Work Overseas: If you have worked overseas, the first $95,100 of your income is excluded from U.S. taxes. This deduction recognizes no distinction between low-tax and high-tax countries.

12. Harvest Your Investment Losses: If you sell an investment at a loss, such as a mutual fund, you can use the loss to offset either capital gains on other investments or their regular taxable income. Losses that you do not use now can be carried forward to offset gains future tax years.

To read more on this story visit: http://money.msn.com/taxes/12-tax-breaks-youve-never-heard-of

Bankruptcy Law, Credit, Foreclosures, Timothy Kingcade Posts

Coral Gables Apartment Board President Turns Building into a Prison

Posted on February 18, 2013by Admin

According to residents, the beautiful Coral Gables Apartment building, Waters Edge, has turned into a prison since the new board president took over last year. Jim Lowe was elected in April of 2012. The residents say that he harasses everyone. Lowe reportedly snaps pictures of supposed offenses and charges residents with substantial fees. In some cases, Lowe files lawsuits over funds owed by residents. In one case, Lowe charged a single mother of two a $1,000 fee for leaving her metal screen door open. In another instance with the same mother of two, he snapped a picture of her in the lobby eating a salad. He then proceeded to send her a copy of the photo with a note that said, “Not Allowed.”

According to Lowe, he is simply enforcing the condo’s long-standing rules. He claims that had he not stepped in, the apartment building would be broke by August. Lowe said that since his election, Waters Edge is now ahead on their bills and has new elevators and security cameras. Lowe admits that his style is abrasive but that he is saving the building hundreds of thousands of dollars, as a result.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Debt Collection Horror Stories: Beware of Illegal Practices

Posted on February 15, 2013by Admin

According to the Fair Debt Collection Practices Act, debt collectors are prohibited from threatening violence, using profanity, calling incessantly, inflating a debt or impersonating an attorney. However, the Act has not yet put a stop to illegal harassment. In fact, debt collection companies have used some outrageous practices to collect on debts.

Below are some of the latest outrageous allegations of abuse:

• Threatening to take away children. The Federal Trade Commission (FTC) shut down a debt collector in Texas for using abusive scare tactics to force people to pay off their debts. Consumers reported the company threatening to take away their children, send them to jail or send the sheriff’s department to their job site.
• Posing as an attorney. Some debt collectors have been allegedly calling debtors and posing as an attorney or a representative from a law firm in order to scare them into paying off their debts. In some cases, the attorney imposters have even charged unauthorized attorney’s fees known as “juice.”
• Threatening to dig up dead bodies. According to the FTC, the debt collection agency, Rumson, Bolling & Associates was accused of threatening to dig up deceased children of other debtors and drop them at their doors if they did not pay funeral bills.
• Threatening to hurt pets. Rumson, Bolling & Associates was also accused of threatening to kill a debtor’s dog in one report.
• Collecting debt owed to other companies. The FTC has also reported a new scheme where scam artists are stealing customer information and trying to collect on debts owed to another company. In some cases, scammers are trying to collect on debt that has already been paid.

To read more on this story visit: http://money.cnn.com/2013/02/06/pf/debt-collection/index.html

Consumers who have been victims of threatening debt collection practices may want to consider taking legal action. Even in cases where consumers owe money – there are certain actions debt collectors can and cannot take in contacting debtors, which are guided by state and federal law. The Fair Debt Collections Practices Act, the Fair Credit Reporting Act and the Telephone Consumer Protection Act restrict debt collectors on when and how they can contact debtors. For example, these regulations protect calls to telephones and cell phones, calling at certain times of day, repeated or threatening calls and calls to non-debtors (such as the debtor’s family or colleagues).

Bankruptcy Law, Credit, Foreclosures, Timothy Kingcade Posts

Slow Hiring – The Reason for Many Jobless Claims

Posted on February 14, 2013by Admin

Last week, unemployment claims fell slightly. However, jobless claims seem to be driven by slow hiring. According to the Labor Department, first-time jobless claims fell last week to 366,000 from 371,000 the previous week. First-time jobless claims are extremely important to the economy because they are considered a proxy for layoffs. Over the last month, jobless claims have bounced around, making the state of the job market recovery unclear to economists.

January’s early jobless claims plummeted to a five-year low, but have shot back up in the past few weeks. Currently they are hovering in the same range they have been for most of the last year, between 350,000 – 400,000 per week. According to an economist at BMO Capital Markets, businesses are still extremely cautious about hiring new employees. The Labor Department also records people who file continuing unemployment claims. During the week ending January 26th, 3.2 million people filed continuing unemployment claims.

To read more on this story visit: http://money.cnn.com/2013/02/07/news/economy/unemployment-benefits/index.html

If you are in a financial crisis and are considering filing bankruptcy, contact an experienced 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, P.A. at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Nearly Half of South Florida’s Children Living in Poverty

Posted on February 13, 2013by Admin

A recent study done by the U.S. Census Bureau suggested that 44 percent of South Florida’s children are living in poverty. The study consisted of Broward, Palm Beach and Miami-Dade counties and showed that more than half a million children under the age of 18 live in low-income households. According to the National Center for Children in Poverty at Columbia University, a single mother with one child that makes an annual income of $30,260 or less is considered a low-income household.

South Florida was one of the hardest hit areas in the country during the recession. The median household income fell 14 percent in five years, according to Census data. The median household income in Broward and Palm Beach counties fell to approximately $48,900 in 2011. Also, the number of people on food stamps in Broward and Palm Beach counties has almost tripled since 2007. Families in South Florida have reportedly cut $10,000 out of their budget in the past two years. Younger parents have been hit the hardest since they typically earn less than older parents. South Florida’s poverty rates are consistent with the nation’s average, because approximately 45 percent of children under the age of 18, nationwide, are living in low-income households.

Bankruptcy Law, Timothy Kingcade Posts

U.S. Postal Service to Stop Saturday Deliveries – How it Will Affect You

Posted on February 12, 2013by Admin

The U.S. Postal Service announced last Wednesday that it would stop delivering letters on Saturdays, effective August 5, 2013. The Postal Service will still deliver packages on Saturdays and post office locations will remain open. However, mail in the form of letters will not be delivered to home addresses. Also, letters delivered to post office locations will no longer be processed on Saturdays.

Consumers will be urged to be more careful about paying their bills, if they typically pay them via mail. Credit card issuers have to set a payment deadline at least 21 days from the time they mail the cardholder’s statements. The new Postal Service hours might mean that consumers receive their statements two days later and must send in their payments two days earlier. Only approximately 23% of bill payments are made with a check according to a research firm called Fiserv. However, this percentage still accounts for billions of checks.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Job Recovery Rate Higher for Workers with College Degrees

Posted on February 7, 2013by Admin

According to CNN Money, recent studies have shown that levels of job recovery are much higher for workers with a college degree. Workers with higher levels of education such as: master’s degrees, doctorates or professional degrees are a small part of the population and have been affected the least by the suffering job market. Unfortunately, those with a high school diploma or less have experienced the greatest job deficit and slowest employment gains.

Workers with master’s, doctorates or other professional degrees have experienced a 6.7% job market gain since 2010. Approximately 1.1 million more workers reported having jobs in 2012 than in 2010. Workers with bachelor’s degrees have reported a 5% gain since 2010. Workers with a high school diploma or less have been experiencing a loss in jobs since 2007. Approximately 767,000 fewer reported having a job in 2012 than in 2010. Experts say this is a long-running trend that has been shifting the U.S. economy toward more professional occupations. The health care and professional services sectors experienced the strongest job growth last year. Construction, a predominately blue-collar profession, experienced the biggest sector cut.