Bankruptcy Law Archives - Page 63 of 128 - Kingcade Garcia McMaken, P.A. Bankruptcy Attorneys

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

How to deal with ‘old’ debt

Posted on September 21, 2016by Admin

When a debt exceeds the statute of limitations, it is referred to as “time-barred debt.” That means creditors cannot legally sue you. But they may still try. They may continue contacting you. It is important you proceed with caution, because the practice of debt collection has many pitfalls.

Perhaps you never took out the debt, that the collector has the wrong amount or that you already paid and the collection attempt is a mistake.

A debt collector should send you a validation notice within five days of first contacting you. This notice should include the debt owed, the amount, date of last payment, who the collector is and how to request information on the original creditor. If you do not receive this notice within 10 days after the debt collector first contacts you, ask for it.

Challenge it!

If you are being asked to pay a time-barred debt that is not yours, that was already paid off or invalid, you can write the creditor to dispute the debt.

You have 30 days from first contact to challenge the debt before it is deemed accepted by default. If you dispute the debt within this window, debt collection efforts must stop until the issue is resolved.

Be as specific as possible in your letter. Say why the debt collection attempt is invalid, including information about payment history or why the debt may not be yours and any other relevant information. Send the letter by certified mail so you get confirmation of receipt.

If for any reason you feel the debt collector has violated your consumer rights, file a complaint with the Consumer Financial Protection Bureau or the Federal Trade Commission.

The Fair Debt Collections Practices Act (FDCPA) originally enacted in 1978 requires that debt collectors provide consumers with certain basic information such as the amount of debt owed and the name of the creditor to whom the debt is owed. A lesser-known requirement of the FDCPA says debt collectors must give consumers a 30-day notice to dispute the debt before it is assumed as valid.

Pay it off- but proceed with caution.

Although you may think paying a little bit of the debt owed will get the creditor off your back, it can make things much worse. Making even a single payment on time-barred debt can bring it back from the dead and reset the statute of limitations. In some states, even if you pay as little as a $1, you will reactivate the entire debt and you can be sued for the original debt plus fees.

If you want to pay off the debt, you have several options:

Pay in full with a lump sum;
Work with the creditor to set up a payment plan;
Make an agreement to settle the debt by paying a portion.

If you pay the debt in full, make sure the collector sends you a confirmation in writing. Hold onto this in case the payment is not properly recorded or the debt gets sold, again.

Discharge the debt through bankruptcy.

If you feel the debt is just too much to pay off or you want to rid yourself of the debt for good, you could file for Chapter 7 bankruptcy. After filing, you are likely to see your credit scores improve.

Steps to take if you are sued.

Creditors may sue you even though a debt is past its statute of limitations.

The most important thing: DO NOT ignore the lawsuit. Ignoring it will likely lead to an automatic judgment against you and result in wage garnishment. Consider talking with an attorney about how to proceed, and gather all documents you have proving that the debt is time-barred.

If you 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, 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.

Related Resources:

http://www.latimes.com/business/la-fi-expired-debt-20160917-snap-story.html

Bankruptcy Law, Debt Relief, Foreclosures, Timothy Kingcade Posts

With Foreclosures on the Decline, Loan Modifications Increase

Posted on September 20, 2016by Admin

HOPE NOW, a private alliance of mortgage servicers, investors, mortgage insurers and non-profit counselors, has released its July 2016 loan modification data. It stated for the month of July that total non-foreclosure solutions (i.e. – the combination of total loan modifications, short sales, deeds in lieu and workout plans) were approximately 112,000. This compares to approximately 25,000 completed foreclosure sales for the month- a ratio of more than four mortgage solutions for every foreclosure sale.

The report states that approximately 5,700 short sales were completed in July 2016 compared to 6,300 in the month prior. This represents a decrease of approximately 10 percent. Short sales were reported to have approximately 5,700 completed in July 2016 in contrast to 7,700 in July 2015, a decrease of 26 percent.

The report also included an estimated 35,000 permanent loan modifications completed in July 2016, compared to 34,000 in July 2015. This was a reported increase of approximately 3 percent. This total includes modifications completed under both proprietary programs and the government’s Home Affordable Modification Program (HAMP).

Of the permanent loan modifications completed in the month of July, the report shows that an estimated 23,000 were through proprietary programs and 12,081 were completed through HAMP. In addition, of the 23,000 proprietary modifications completed in July, 46 percent (or 10,437), reduced the monthly principal and interest payment by 10 percent or more.

Foreclosure starts reduced 5 percent month over month to approximately 51,000 in July from 54,000 in June. Additionally, foreclosure sales were reportedly about 25,000 in July from 29,000 in June. This was a decrease of 12 percent month over month. Likewise, foreclosure sales were approximately 25,000 in July 2016. This is compared to 28,000 in July 2015 which was a decrease of 9 percent.

While delinquencies continue to decline to “pre-crisis” levels and the data trends certainly suggest the market is recovering, there remains a portion of the population who still need assistance. These regions include: Florida, Georgia, New Jersey and California.

Click here to read more on this story.

Choosing the right attorney can make the difference between whether or not you can keep your home. A well-qualified Miami foreclosure defense attorney will not only help you keep your home, but they will be able to negotiate a loan that has payments you can afford. Miami foreclosure defense attorney Timothy Kingcade has helped many facing foreclosure alleviate their stress by letting them stay in their homes for at least another year, allowing them to re-organize their lives. If you have any questions on the topic of foreclosure please feel free to contact me at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Bankruptcy Law, Debt Relief, Timothy Kingcade Posts

Former NBA player Darius Miles Files for Bankruptcy

Posted on September 19, 2016by Admin

NBA players can earn salaries to last a lifetime. But that is not the case for former NBA player, Darius Miles who entered the NBA in 2000 with a $2.8 million starting salary. This was followed by a cover appearance on Sports Illustrated and a lucrative endorsement contract with a major shoe company. The former Clipper, Cavalier, Trail Blazer and Grizzly also appeared as an actor in two movies, alongside Scarlett Johansson in “The Perfect Score” and Ryan Reynolds in “Van Wilder.”

But this kind of story is not uncommon. In fact, National Basketball Player’s Association (NBPA) Vice President Adonal Foyle pointed out that 60 percent of ex-NBA players file for bankruptcy within five years of their retirement.

Some 16 years later, and nearly eight years after playing his final NBA game, Miles is filing for bankruptcy. The 34-year-old made nearly $62 million during his NBA career.

In a filing statement, Miles listed $460,385 in assets and $1.57 million in liabilities. He claims that a number of poor investments led to his financial demise.

Debts listed in his bankruptcy filing include a: $20,000 child-support debt and a poor $100,000 investment in a California real estate deal in 2008. He also highlighted a separate real estate deal with fellow investors, former NFL Rams player Marshall Faulk and rapper Nelly.

Discovered when he was only in high school, Miles showed enough potential to be selected No. 3 overall in 2000.

Related Resources:

http://sports.inquirer.net/222970/former-nba-player-darius-miles-declares-for-bankruptcy

http://sports.yahoo.com/news/former-preps-to-pros-nbaer-darius-miles-files-for-bankruptcy-211023845.html

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

More than half of all student loan borrowers have seen scams

Posted on September 15, 2016by Admin

Approximately 60% of more than 6,300 student loan borrowers surveyed said they have seen scams for advertisements promising relief from their student loan payments. Nearly 45% of the respondents said at least one of these companies reached out to them directly, according to the survey conducted by the personal finance site NerdWallet, and student loan advocacy group, Student Debt Crisis.

These predatory companies offer to help borrowers with their student loan payments for a fee, but typically provide services borrowers can access from the government for free- or sometimes they provide nothing at all. The more than 40 million student loan borrowers with $1.3 trillion in student loan debt has become a vulnerable part of the population.

In response to borrowers’ struggles, the Obama administration has gone to great lengths to expand the assistance programs borrowers can use to manage their debt. But scammers have used these programs as an opportunity to lure borrowers, advertising their services with government logos and phrases like “Obama student loan help.”

About 9% of the survey respondents said they paid for student debt relief services, spending an average of $613. The Consumer Financial Protection Bureau has taken legal action, accusing various student loan debt relief companies of deceiving borrowers into paying for services they can get for free from the government and keeping borrowers on the hook for a repeating charge illegally.

Consumer advocates say the prevalence of these student loan debt relief scams is reminiscent of the mortgage crisis, where servicers failed to provide homeowners with necessary information and scammers targeted a vulnerable portion of the population.

The Department of Education is taking action and working on revamping the student loan servicing system, giving servicers more of an incentive to work with borrowers, and repay their loans through one government-branded portal. By fixing the current system, borrowers will not be as tempted to turn to these predatory companies.

Click here to read more on this story.

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. 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, 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, Debt Relief, Foreclosures

Bank of America Accused of Racial Discrimination as Neglect of Foreclosures Worsens

Posted on September 9, 2016by Admin

The National Fair Housing Alliance (NFHA) and nine local fair housing organizations filed an amended discrimination complaint against Bank of America (BoA) this week. The complaint alleges illegal discrimination by BoA in African American and Latino neighborhoods in six additional cities. The cities include: Columbus, OH; Gary, IN; Minneapolis, MN; Newark, NJ; Tampa, FL; and neighborhoods in suburban Detroit.

“Bank of America’s deliberate neglect of its foreclosures in communities of color creates financial concerns as well as health and safety risks for people living near poorly-maintained foreclosed homes,” said Shanna L. Smith, President and CEO of NFHA. “Too many of these foreclosures have overgrown weeds, unsecured doors or windows, and debris left in the yard, creating perfect breeding grounds for rats, mice, snakes, and mosquitoes. Bank of America is exacerbating the risk of spreading the Zika virus in south Florida by allowing standing water to accumulate in pool covers, tires, and debris around these foreclosures.”

This new evidence formed the basis of the amended complaint. The complaint is now comprised of evidence from 1,267 BoA properties in 30 metropolitan areas and 201 cities throughout the United States.

Evidence obtained during the investigation reveals continued failure by Bank of America to perform simple and routine maintenance on its foreclosures in African American and Latino neighborhoods. This includes the failure to lock or secure doors and windows, remove trash and debris left by former owners, mow and edge lawns, trim shrubs, and cut back invasive plants.

On the contrary, the investigation revealed BoA keeps its foreclosures in white neighborhoods in good condition. Lawns are mowed and edged regularly, and BoA properly disposes of the belongings left behind by former owners. BoA is paid to perform these routine duties in all neighborhoods for all of its foreclosures.

Click here to read more on this story.

Bankruptcy Law, Debt Relief, Foreclosures, Timothy Kingcade Posts

Wells Fargo and U.S. Trustee Program Reach Mortgage Settlement

Posted on September 8, 2016by Admin

The U.S. Trustee Program recently announced that it has reached an agreement with Wells Fargo Bank requiring the bank to pay nearly $3.5 million in remediation to 8,000 homeowners in Chapter 13 bankruptcy.

The settlement arose in the Chapter 13 case of Ernestine C.J. Green, filed Nov. 30, 2011. Chapter 13 bankruptcy allows individuals receiving regular income to obtain debt relief while keeping their home. To do so, the debtor must propose a plan that uses future income to repay all or a portion of his or her debts over a three to five year period.

A debtor with a home mortgage can continue to pay the mortgage, or sometimes the Chapter 13 trustee appointed in the case pays the mortgage with income provided by the debtor’s earnings. Mortgagees or mortgage servicers are required under Bankruptcy Rule 3002.1 to file and serve notices when the mortgage payments change during the course of the Chapter 13 case.

The previous settlement in November 2015 contemplated that Wells Fargo would engage an independent reviewer to identify potential systemic issues in the bank’s operations.

“That compliance monitoring led to the discovery of a deficiency in Wells Fargo’s processes and procedures relating to the certificates of service filed with the PCNs” between 2011 and 2016, Jane Limprecht of the USTP told Bloomberg BNA. The deficiency caused “thousands of homeowners” to receive their change notices with fewer than the 21 days notice required before payment changes could take effect, she said.

The new settlement will provide refunds and credits to affected consumers, and Wells Fargo is required to change its procedures to prevent the problem from happening, again.

Click here to read more on this story.

Bankruptcy Law, Debt Relief, Timothy Kingcade Posts

Bankruptcy Filings Increase in August Breaking the Trend

Posted on September 7, 2016by Admin

Nationwide bankruptcy filings were a little higher in August 2016 compared to a year earlier, breaking an ongoing trend of decline. Bankruptcy filings totaled 68,495 in August, which was an increase from July’s total of 61,340, and was approximately 1.1 percent higher than August 2015’s total of 67,777 (an increase of 718).

Year-to-date, there have been 528,397 bankruptcy filings nationwide for the first eight months of 2016 (about 66,049 per month), down from 2015’s year-to-date total through the end of August of 562,579 (about 70,322 per month), according to August 2016 AACER bankruptcy data reported by Epiq Systems.

August’s total of 68,495 bankruptcy filings was just over half of the peak total for the month of August recorded in 2010 of 135,771. The state with the highest cumulative filings for the first eight months of 2016 was California with 49,564. Illinois was second in year-to-date filings with 36,371. The next three states with the most cumulative filings were Georgia (30,751), Florida (30,640), and Ohio (24,986).

Click here to read more on this story.

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Bankruptcy Basics and When Filing is the Right Answer

Posted on September 5, 2016by Admin

Filing for bankruptcy can be a scary predicament. But we all know financial misfortune can affect any one of us, at any time. Whether it is a difficult divorce, an unexpected health crisis or an extended period of unemployment- bankruptcy can become less intimidating when you know how it works and what to expect.

So how do you know when it is the right time to file for bankruptcy? Here are a few questions to help you assess whether bankruptcy is a viable option.

Are you only making minimum payments on your credit cards?
Are debt collectors calling you?
Does the thought of organizing your finances cause you to have fear and anxiety?
Do you use credit cards to pay for necessities?
Are you considering consolidating your debts?
Are you unsure about the amount you actually owe?

If you answered yes to two or more of the questions above, it’s time to take a closer look at your financial situation. To determine where you are financially, take an inventory of all your liquid assets. Do not forget to include retirement funds, stocks, bonds, real estate, vehicles, college savings accounts, and other non-bank account funds. Calculate a rough estimate for each. Remember, virtually all retirement accounts are exempt from creditors, meaning you get to keep them if you file for Chapter 7 bankruptcy.

Then, collect and add up your bills and credit statements. If the value of your assets is less than the amount of debt you owe, declaring bankruptcy may be one way to get out from under your debt and get a fresh start.

There are many reasons people file for Chapter 7 bankruptcy. Some common reasons for filing for Chapter 7 are unemployment, large medical bills, overextended credit, and marital problems. Chapter 7 is sometimes referred to as a “straight bankruptcy.” Your assets are liquidated to pay off as much of your debt as possible. The cash from your assets is then distributed to your creditors. In approximately four months, you will receive a notice of discharge. For many, Chapter 7 offers a quick, financial fresh start. Many filers quickly rebuild their credit scores and have gone onto purchase homes.

For people who have property they want to hold on to, filing a Chapter 13 bankruptcy may be a better option. This type of bankruptcy is oftentimes referred to as a “reorganization bankruptcy.” Chapter 13 allows people to pay off their debts over a period of three to five years. For individuals who have consistent and predictable annual income, Chapter 13 offers a grace period. Any debts remaining at the end of the grace period are discharged. Once the bankruptcy is approved by the court, creditors must stop contacting the debtor. Individuals can then continue working and paying off their debts, while still keep their property and possessions.

If you are considering filing for bankruptcy, begin with these steps:

Gather all necessary documents. This will document your income, your assets, and all of your debts. Download a copy of your credit report for free to make sure you do not leave anything out. Put all of the relevant paperwork — statements from all of your creditors, deeds and titles to property and vehicles, pay stubs, copies of tax returns — into a folder.
Find an attorney who is an expert in bankruptcy. If you have an attorney you have used before, ask him or her for a referral to a bankruptcy specialist. Do your research online and in person, do not be sold simply by an advertisement. Look at a firm’s testimonials, past experiences with clients and the number of bankruptcy cases they have filed. With a good lawyer and the right information, filing for bankruptcy can give you the financial footing you need to get a fresh start.

Related Resources:

http://www.fool.com/personal-finance/credit/2007/08/31/dont-be-afraid-of-bankruptcy.aspx

https://www.legalzoom.com/articles/bankruptcy-basics-when-should-you-throw-in-the-towel

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

The collapse of ITT Tech gives former students a chance to wipe out their student loan debt

Posted on September 1, 2016by Admin

Students who graduated or dropped out of ITT Technical Institute may be the biggest winners in the federal government’s aggressive actions against the for-profit school. The Education Department’s sanctions on the Carmel-based ITT Educational Services Inc. allow past students to take advantage of the “defense to repayment” rule that can wipe out their student loans.

Federal law gives the Education Department broad discretion to forgive student loans for borrowers who claim they were defrauded or that their college violated state laws. The government recently made the case that ITT has done just that and is inviting former students to request what could amount to hundreds of millions of dollars in loan forgiveness.

The “defense to repayment” rule applies to all former students with federal loans, but does not cover private loans.

Another piece of good news- The Education Department is simplifying the claim process for borrowers. The defense to repayment rule falls under the U.S. Higher Education Act. It has existed for years, but received little attention until recently.

The Education Department has already forgiven more than $4.2 million in loans from more than 2,000 Corinthian College students who claim they were defrauded by the for-profit chain. Students at other for-profit colleges, such as Brown Mackie College, which is closing most of its campuses, will likely have a strong case as well due to the precedent set by Corinthian.

ITT has been ordered to begin working with other colleges to facilitate transfers for students. Anyone already enrolled in ITT can continue to access federal loans if they want to finish their program. If ITT closes, the Education Department has said it will forgive current students’ loans.

Here are some ways you can submit a claim:

Go online: https://studentaid.ed.gov/sa/repay-loans/forgiveness-cancellation/borrower-defense

Email your claim: FSAOperations@ed.gov

Mail your claim: U.S. Department of Education, PO Box 194407, San Francisco, CA 94119

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

Credit Card Use Increasing Among Consumers with Low Credit Scores

Posted on August 30, 2016by Admin

According to the latest quarterly report on household debt, credit cards are making a comeback in a big way. In the second quarter, total household debt increased by $35 billion to $12.3 trillion. The two driving factors: auto loans and credit cards.

While auto loans have been on a steady incline for the past six years, rising credit-card balances are a new development. After the 2007 Great Recession, households cut back on credit-card use until 2014. This was also in part to financial institutions strengthening credit requirements for risky borrowers.

Since that time, card balances have risen by about $70 billion. From 2008 to 2013, total household debts dropped by more than $1.5 trillion. However, first student loan and auto loan balances began to rise, and then mortgages and finally credit cards.

The report reveals that credit cards are returning among individuals with low credit or subprime credit scores below 660. Among people with credit scores between 620 and 660, the share that had a credit card increased to 58.8% in 2015 from a low of 54.3% in 2013. Among those with scores below 620, the number of people with a credit card increased to 50% from a low of 45.6% two years ago. Both figures for 2015 are the highest since 2008.

These figures were generated from the New York Fed’s Consumer Credit Panel that analyzed millions of consumer credit reports from Equifax.

Click here to read more on this story.