Bankruptcy Law

Bankruptcy Law, Debt Relief, Timothy Kingcade Posts

Court of Appeals Rules Foreclosure Service Challenges are getting old

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The Fourth District Court of Appeal is losing its patience when it comes to homeowners having to prove they were properly served court documents in foreclosure cases.   In one of its recent rulings, the court took an extra step by saying, “We…write to address the issues raised here because this court has received numerous other appeals raising the same or similar issues recently,” Judges Robert Gross, Spencer Levine and Alan Forst wrote in the unsigned opinion.

The homeowners in the above case want to overturn the summons and return-of-service documents filed with the court to confirm the process server properly delivered the papers and informed them of the litigation filed against them by JPMorgan Chase Bank, N.A., which inherited the account from Washington Mutual.

The Florida Rules of Civil Procedure allow private companies and deputies to provide service of process. Under the rules, process servers must provide a return-of-service form with several details, including when the process server received the court documents, the date and time the papers were served, the manner of service and the name of the person served.

The couple claims they were never served- even though the process server said otherwise, there was no evidence to show the return-of-service documents were properly executed and complied with Florida law.  The couple argues these documents were inadmissible hearsay.

The appellate panel on the case suggested the homeowners arguments were nothing new and had been resolved by at least seven previous rulings.   It rejected the couple’s argument that the documents were hearsay.  The court also rejected claims that the wife was not home when the process server served her the papers because the process server “described her by race, height, weight and hair color.”

The attorney for the homeowners says this is not the issue.  The issue is what the process server did when he delivered the papers.  What is often seen on the forms is the process service companies have access to background information software.  It is easy for them to run that software, which has access to a driver’s license photo and description.  It does not mean they actually saw the person.

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, Credit, Foreclosures

Pilot Program – Selling Homes in Bankruptcy to Skip Foreclosure

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Senior U.S. bankruptcy trustee for the Southern District of Florida, Kenneth Welt, says strong demand is consuming the inventory of distressed real estate sold through a pilot program to avoid foreclosure.   The program was launched in September 2014.  Welt said it took nearly a decade to convince lenders to sell properties directly out of bankruptcy court in short sales instead of moving cases directly into foreclosure.

In the last six months, he has closed the sale of 15 houses after borrowers surrendered the properties in bankruptcy.  New cases in the past week generated five more potential deals.

In September, one sale turned a no-asset bankruptcy case into a deal that partially satisfied the first mortgage and generated $13,000 for unsecured creditors and $10,000 for a nonfiling spouse. By arranging the bankruptcy sale, marketers generated $345,000 for a three-bedroom waterfront house with patio, pool and tiki hut on a 9,563-square-foot lot in Pompano Beach.  In another case, Nationstar Mortgage, was owed $934,524 on a property that last sold for $560,000 in 2004. It authorized the trustee sale and accepted a $291,453 payoff.

Welt said, “It’s a win-win and gives debtors a fresh start. That’s what bankruptcy is. From a people standpoint, it’s a good thing for the homeowner, for the neighborhood and for the lender.”

Instead of letting foreclosures drag on as bankruptcies play out, the program aims to subtract years off the sales process and deliver payments to unsecured lenders that would likely have ended up with nothing in the case.

Last year, Welt received approval from Fannie Mae, Freddie Mac and several major lenders to create a program that would accelerate sales in cases where homeowners surrendered their property. The Federal National Mortgage Association and Federal Home Loan Mortgage Corp., which are linked to about 60 percent of foreclosures, signed on to the pilot program covering the Southern and Middle Districts of Florida, New Jersey and the Eastern District of New York.

Under the program, lenders must agree to allow a percentage of home sale proceeds for general unsecured creditors in bankruptcy.

Click here to read more on this story.

If you have any questions on this topic or are in a 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.

 

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

5 Credit Cards you can get after Bankruptcy

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Deciding to file for bankruptcy is not an easy decision, but those who emerge from it are often thankful for a fresh financial start and the opportunity to rebuild their finances.  While one of the fastest ways to rebuild your credit is through opening up new credit, there are few cards available to those who have recently filed for bankruptcy.

The exception is secured credit cards.  Applicants who have recently filed for bankruptcy are generally approved by providing proof of identity.  These cards require a refundable security deposit be submitted, first.  Secured card holders are required to make monthly minimum payments and are subject to interest charges if the card is not paid off in full every month.  These payments are reported to the three major credit bureaus, giving you the opportunity to improve your credit score as you make on-time payments.

Below are five credit cards you can be approved for after your bankruptcy is fully discharged:

Capital One Secured MasterCard

This is one of the only secured credit cards with no annual fee. Cardholders must give a refundable security deposit of $49, $99 or $200 in order to receive an initial credit line of between $200 and $3,000. The standard interest rate for purchases is 24.9% APR.

Wells Fargo Secured Visa Credit Card

New card holders must submit a $300 refundable security deposit, which then becomes their credit limit. Benefits to this card include: auto rental collision damage waiver coverage, emergency card replacement and a roadside dispatch service. In addition, cardholders have a cell phone protection policy that covers theft or damage up to $600 (with a $25 deductible), when you charge your phone bill to the card.  This card comes with an annual fee of $25 and a standard interest rate of 18.99%.

BankAmericard Secured Credit Card

There is a minimum refundable security deposit of $300 to open an account. The maximum credit limit (up to $4,900) is based on income, the ability to pay and the size of the security deposit. After 12 months, the account will be reviewed and cardholders may qualify to have their security deposit returned, without any interruption of their existing account. There is a $39 annual fee for cardholders and the standard interest rate is 20.24% for this card.

US Bank AeroMexico Visa Secured Card

This card doubles as a rewards card.  Cardholders can receive double miles on gas and grocery purchases and a mile per dollar spent anywhere else. New card holders earn a 5,000-mile bonus and a complimentary companion certificate after their first use of the card, as well as a $99 companion certificate each year with renewal. Additional benefits include a complimentary checked bag on AeroMexico flights. There is a 22.99% APR and a $0 introductory annual fee for the first year, which is $25 per year after that.

USAA Secured Card American Express

This card requires a $250 deposit, which is placed in a two-year, interest-earning certificate of deposit (CD). The amount of your deposit, which can range from $250–$3,000 establishes your credit limit. This card includes benefits such as auto rental collision damage waiver, extended warranty coverage and travel accident insurance. This card is open to active and retired members of the military, as well as their families. There is an annual fee of $35 and the standard interest rate is 9.90%–19.90.

If you have any questions on this topic or are in a 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://blog.credit.com/2015/05/5-credit-cards-you-can-get-after-bankruptcy-117184/

 

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

New Push on Bankruptcy Protections for Student Loan Debt Relief

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Borrowers struggling with student loan debt may be getting some much needed relief.  The Obama administration has reached out to Congress in an attempt to make it easier for some student loan borrowers to discharge their debt through bankruptcy.  A recent report released by the U.S. Department of Education outlined a proposal for improving the nation’s student loan system, which will require congressional action.

The most significant change is for Congress to ease the process for private student loan borrowers seeking to have their loans discharged through bankruptcy.  The administration is proposing that Congress re-enact a 2005 law, which allowed bankruptcy filers to discharge their private student loan debt.

For consumer advocates and some congressional Democrats, this has been a long time coming, but this is the first time the Obama administration has supported a revision to the rules governing how student loans are processed in bankruptcy.

According to Under Secretary of Education Ted Mitchell, “All other types of consumer debt are dischargeable in bankruptcy and we think private student loans are a glaring exception.”  “We think it’s important to do what we can to create those protections, and we think starting with a bankruptcy provision is the way to go,” he continued.

The administration’s proposal would extend borrower protections to private student loans that do not offer flexible repayment plans like those granted to federal loan borrowers.  The report states that “there are strong grounds for maintaining different standards for federal student loans.”

Federal student loans are not underwritten and typically have generous terms and protections.  Monthly payments can often be limited based on income.  By contrast, private student loans tend to lack those protections and can leave borrowers in financial distress with few options.

Along with changes to federal bankruptcy laws, the administration has proposed adding other consumer protections to private student loans, such as barring private lenders from automatically declaring a loan in default when a co-signer dies.

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 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, Debt Relief, Student Loans, Timothy Kingcade Posts

Why Millennials and Gen-Xers are faced with Filing for Bankruptcy

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A recent Bankrate.com survey found that roughly 56% of millennials with current or past student loans have postponed major life events because of overwhelming debt.  While many Millennials and Gen-Xers have more debts than assets, it is important to determine whether bankruptcy is the right option.  Free advice is available through the National Foundation for Credit Counseling and consumers can consult with a bankruptcy attorney oftentimes free of charge for an initial consultation to discuss their options.

Consumers are advised to seek the advice of a credit counselor or bankruptcy attorney before they file for Chapter 7 or Chapter 13.  Filing for Chapter 7 means the unsecured debt (credit cards, medical bills, utility bills, etc.) will be discharged while filing for Chapter 13 requires consumers pay their debt for a set number of years before having a certain portion of that debt discharged.

Since changes to the bankruptcy laws in 2005, consumers now have a harder time filing for Chapter 7 and certain loans, like private and government-backed student loans are no longer dischargeable.  Consumers who file for Chapter 13 are typically on a five-year plan, having to pay back a portion of their debt.  Depending on the debtor’s income and living expenses, monthly payments can be as low as $50 a month.

Consumers should be prepared to provide documents such as paycheck stubs, tax returns and bank statements to their attorney. To receive the best interest rates possible, consumers who file for bankruptcy are advised to wait 24 months after their bankruptcy has been discharged, which means it was accepted by the bankruptcy court, to access credit again from credit card companies and some mortgage and auto loan lenders.

Rebuilding your credit score slowly is the best course of action. Examine your current household expenses, come up with a realistic budget and seek entry-level credit options to help establish a new record of timely payments.  Monitor your credit score regularly.  You can begin the process by getting a copy of your credit report from each of the three major credit bureaus: Equifax, Experian and Transunion. You can download a copy of your free credit report at www.annualcreditreport.com. As your credit improves, take advantage of opportunities to qualify for better credit terms- and always remember when it comes to credit cards, keep your balance well below the assigned credit limit.

Click here to read more on the story.

If you have any questions on this topic or are in a 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.cheatsheet.com/money-career/what-young-people-cant-afford-because-of-student-loan-debt.html/?a=viewall

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

Where the 2016 Candidates Stand on the Student Loan Debt Crisis

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Student loan debt is playing a prominent role in the presidential election this year.  Almost every one of the 20 candidates running for president has been forced to address the issue of college affordability in some way.  Candidates are unveiling their plans to reform higher education and help the approximately 40 million Americans struggling with student loan debt that has ballooned to $1.2 trillion. The candidates’ plans range from debt-free college to matching students with private investors to finance their tuition.

Here is where a some of the front-runners stand on the issue:

Get students through school faster, expand access to alternative higher education programs and give colleges an incentive to drive down costs and improve quality. “I think the focus ought to be on how we reform higher education so that full time students can get a four-year degree in four years.” Jeb Bush, Republican (Former Governor of Florida)

Use government intervention to ease the student debt burden. “We need to transform how much higher education costs- and how those costs get paid.” Hillary Clinton, Democrat (Former U.S. Secretary of State)

Stop the government from profiting off student loans. “I think it’s terrible that one of the only profit centers we [the government] have is student loans.” Donald Trump, Republican (Businessman)

Expand income-based repayment, allow private investors to partner with students to cover the cost of tuition in exchange for a chunk of their incomes. “Colleges know the federal government will continue lending students as much as they need in federally guaranteed loans.” Marco Rubio, Republican (U.S. Senator from Florida)

Unofficial: Increase in competition in the education and student loan space. “The more choice we have- whether in K-12 or in higher education – the better choices and chances young people have.” Carly Fiorina, Republican (Former CEO of Hewlett-Packard)

Allow students to refinance their loans, but also roll back government involvement in education. “For too many, college is where students discover mountains of debt- but not a lifelong career.” Mike Huckabee, Republican (Former Governor of Arkansas)

Debt-free college is “wrong,” but he wants to reform the student loan system to focus more on low-income borrowers.  “If college graduates are going to reap the greater economic rewards…then it seems fair for them to support the cost of the education they’re receiving.” Chris Christie, Republican (Governor of New Jersey)

Debt-free college. “Right now there aren’t even the pathways for families going to college without a huge debt.  It’s only a question of how big the mountain will be.” Martin O’Malley, Democrat (Former Governor of Maryland)

Unofficial: Require families to rely more on personal responsibility, instead of student loans to get through school. “Should we be looking at ways to reduce student debt? Yes, but not if it’s going to drive up the (national) debt.” Ben Carson, Republican (Neurosurgeon)

President Obama is also partially responsible for student debt’s prevalence on the campaign trail.  His administration drew more attention to the issue than most with proposals for free community college and a publicized crackdown on for-profit colleges.

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 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, Debt Relief, Timothy Kingcade Posts

Recent Ruling to Impact Future Chapter 11 Bankruptcy Cases

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The U.S. Court of Appeals for the Third Circuit has issued an opinion that will have a significant impact on Chapter 11 bankruptcy cases.  Basically, the decision will reinforce the tendency to resolve Chapter 11 cases by what is referred to as 363 sales, as opposed to traditional reorganization plans.

The case involved a debtor described as a “leading operator of long-term acute care hospitals.”  The company was deep in debt, but attempts to sell resulted in offers that would not even clear the secured debt, not to mention the more than $100 million of unsecured debt.

So instead, the debtor decided to sell itself under Section 363 of the bankruptcy code.  But the only bidder to show up was a secured lender, who agreed to forgive most of the secured debt in exchange for all of the debtor’s assets.   The IRS noted that the debtor was going to owe capital gains taxes on the sale, but collecting the taxes would be tough, since the debtor did not have any assets.

The creditors’ committee also expressed some concern that its constituency was going to be left without anything in the deal and questioned whether it was an appropriate use of the federal bankruptcy code.  The secured lender had already agreed to pay the costs of the bankruptcy case, and agreed to make a token payment to the unsecured creditors.

Now with only the IRS objecting, the bankruptcy court approved the sale, and the appeals court upheld the bankruptcy court’s decision.   The IRS argued that it was just as entitled to payment as the bankruptcy professionals and was clearly entitled to payment before general unsecured creditors.

In the opinion of the Court of Appeals for the Third Circuit, Judge Thomas L. Ambro, who is a member of the American College of Bankruptcy, explained that plans involve the distribution of bankruptcy estate assets.  In this case, the payments to professionals and unsecured creditors were coming directly from the secured lender.  It is a subtle distinction- but an important one. This decision will greatly affect the structuring of bankruptcy plans in the future.  More importantly, it suggests flexibility in 363 sales that might not exist in traditional reorganization plans.  As a result, the case is apt to lead to even more quick sales in corporate bankruptcy cases.

Click here to read more on this story.

If you have any questions on this topic or are in a 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.

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Tampa Bay Judges Crack Down on ‘Serial’ Bankruptcy Filers

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In the past year and a half, at least 85 Tampa Bay residents have been banned from refilling for bankruptcy, after it became evident that they did so only to save their homes.  Another 25 bay area debtors who have pending bankruptcy cases have been ordered to show cause as to why they should not be categorized as ‘abusive filers.’

Tampa Bay bankruptcy judges have had enough and are cracking down on non-lawyers who have prepared petitions for these serial filers.  To draw in new business, one preparer bragged to prospective clients that he had filed for bankruptcy six times to block foreclosure on his own home.

Debtors already barred from re-filing include:

A Palm Harbor couple who filed for bankruptcy 11 times in eight years to stop foreclosure. The bank got a final judgment against them in 2007, but repeatedly had to cancel foreclosure auctions because of all the filings.

Another Palm Harbor couple who filed 18 bankruptcy petitions over ten years. They had been living free for 12 years before the bank finally got a writ of possession in 2014.

A Safety Harbor woman who has filed seven bankruptcy petitions since 2011, including two in 2015. She has not made a mortgage payment in more than six years.

Bankruptcy judges agree that these serial filers are a ‘drain on the system’ and take time away from the legitimate cases.  Currently, there is no limit as to how many bankruptcy petitions an individual can file.  In all bankruptcy cases, it is true that as soon as a petition is filed, an automatic stay takes effect barring banks and other creditors from trying to collect debts, including mortgage debts.  At the same time, the filer must present an honest and accurate account of assets, liabilities and creditors.

There is a procedure in place to catch anyone declaring bankruptcy for a third time.  Judges can order the debtor to come to court and prove why he or she should not be declared an abusive serial bankruptcy filer.

If you have any questions on this topic or are in a 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.

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

FREE help with credit problems

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Credit can be confusing, particularly if you are already overwhelmed with debt.   It is important to know that no matter how big or small your financial problems are there are resources available that can help you get back on track.

Credit counselors. Financial counseling agencies do much more than help consumers get out of debt.  Services include a budget and creditor review, housing counseling for those struggling with their mortgage or those hoping to buy a home, a one-on-one review of your credit report and much more!  These services are often free or low-cost and these type agencies always try to accommodate individuals and families with low incomes who cannot afford to pay.

Consumer Websites.  There’s no shortage of information on the Internet, but not all of it is accurate and some of it can mislead consumers.  Below are some quality resources.

  • Information published by the Consumer Financial Protection Bureau (CFPB)
  • Credit.com blog
  • The Consumer Recovery Network
  • CareConnect USA

Bankruptcy Attorney.  If you cannot see a way out of your debt, are receiving frequent calls from debt collectors or are being sued by a creditor or collector you cannot afford to pay, consider talking to a consumer bankruptcy attorney.  Most bankruptcy attorneys offer a free initial consultation / evaluation to assess your financial situation to see if bankruptcy is the best option for you.

Credit Reporting Agencies.  By law, these reporting agencies must explain information in your credit reports that you do not understand.  Additionally, you can contact the bureaus to place a fraud alert or credit freeze on your report to dispute a mistake on your credit report.  You can begin the process by getting a copy of your credit report from each of the three major credit bureaus: Equifax, Experian and TransUnion. You can download a copy of your free credit report at www.annualcreditreport.com.

Government Agencies.  You can find a wealth of helpful consumer information on the CFPB website, but more importantly, you can file a complaint or tell your story.  You can also search the CFPB complaint database to find out if other consumers are experiencing similar problems.  There are also Do Not Call list registration and resources and tools for stopping robocalls.  Telemarketing scams can cost you money and sometimes can result in new debt you must repay.

If you have any questions on this topic or are in a 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.usatoday.com/story/money/personalfinance/2015/08/29/credit-dotcom-free-help-credit-problem/32328883/

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Can I include my payday loans in bankruptcy?

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Many individuals on the verge of bankruptcy are also trapped in an endless cycle of payday loans.  This popular source of short-term financing is easy to get, but comes with a high price tag.   Finance charges on these type loans can range from 15 to 30 percent.   That is comparable to getting a loan with an annual percentage rate of nearly 800 percent!  It’s easy to see how these loans can quickly spiral out of control.  But there’s good news- payday loans can be included in a bankruptcy filing.  These type loans are considered an unsecured debt and are dischargeable in bankruptcy.

Because of the predatory nature of many payday loans, bankruptcy courts oftentimes have little patience for the demands of these payday lenders.   However, it is important to avoid taking these loans out immediately before filing for bankruptcy.

After filing for bankruptcy, you should avoid taking out payday loans in the future.  Instead, you should consider the following alternative loan sources:

  • Local credit unions
  • Cash advance on a credit card
  • Small loans from family or friends
  • A small loan company
  • A payroll advance from your employer

If you have any questions on this topic or are in a 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.totalbankruptcy.com/rules/can-you-include-payday-loans-bankruptcy.aspx