Bankruptcy Law

Approximately $4 million worth of checks have been placed in the mail to partly compensate thousands of consumers who were scammed by a group of seedy Southern California debt collectors. The Federal Trade Commission (FTC) reports that the checks were sent out to conclude a settlement which was reached last year between the commission and the Asset and Capital Management Group.

The debt collection firm had bought the consumers’ debt from creditors for pennies on the dollar and then falsely threatened the debtors with arrest, wage garnishment, seizure of their property and lawsuits. The firm also disclosed private debt information to the victims’ employers, colleagues and family members, according to the FTC. As shocking as this case is, consumers must remember that they have rights when it comes to debt collection and should not hesitate to contact authorities if a collector violates these rights.

Under the Fair Debt Collection Practices Act (FDCPA), you are protected from these predatory debt collection practices. Federal law sets parameters for when and how a debt collector may contact you. The following is a list of protections the FDCPA provides to you:

• Debt collectors may not call you outside the hours of 8:00 a.m. and 9:00 p.m., unless you specify that they are allowed to do so;
• Creditors must always fully disclose their identity and never pretend to be someone they are not;
• Debt collectors cannot inform anyone else regarding your debts;
• Creditors are not allowed to threaten or harass you in any form.

“Consumers shouldn’t be subjected to threats and intimidation,” said Jessica Rich, director of The FTC’s Bureau of Consumer Protection. She was also pleased that the victims of the scam will receive money back from the defendants.

Defendants Thai Han, Jim Tran Phelps, Keith Hua and James Novella who operated over a dozen debt collection agencies and shell corporations, had their personal assets seized in order to compensate victims. The defendants have also been permanently banned from the debt-collection business. Officials reported that up to 95,000 people fell victim to the scam.

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.

Source:
http://www.latimes.com/business/la-fi-lazarus-20150707-column.html

Determining whether bankruptcy will affect your security clearance depends on the circumstances that led up to your bankruptcy. Filing for bankruptcy will not automatically stop you from obtaining a security clearance; however, your financial situation can jeopardize your security clearance. Before you file for bankruptcy, it is important to understand how your security clearance may be affected. Security clearance decisions are made on a case by case basis.

The following factors are considered when assessing you as a potential security risk:

•allegiance to the United States
•foreign influences and preferences
•drug or alcohol use
•personal conduct
•financial responsibility
•criminal conduct
•psychological disorders
•handling of protected or classified information
•use of information technology
•other outside activities

There are also financial considerations that may affect your security clearance. The military considers your financial standing as an individual when determining whether you should be granted security clearance. This reasoning is based on important factors such as financial self-control, spending judgment and ethics used to maintain financial stability. Certain financial conditions can disqualify you from obtaining a security clearance, such as:

•being unable or unwilling to pay your debts;
•having irresponsible or frivolous spending habits;
•having consistent difficulty meeting your financial obligations;
•committing illegal acts of financial misconduct;
•exhibiting financial problems such as gambling, alcoholism or drug abuse;
•spending beyond your financial means.

Certain scenarios such as a job loss, a divorce or a medical emergency may cause you to file for bankruptcy. These instances are viewed more favorably than if you had to file due to financial irresponsibility. A knowledgeable and experienced bankruptcy attorney can further advise you on how filing for bankruptcy might affect your security clearance.

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.

Sources:
http://www.nolo.com/legal-encyclopedia/will-bankruptcy-affect-my-military-security-clearance.html

http://thelawdictionary.org/article/bankruptcy-and-foreclosures-impact-on-federal-security-clearance/

Receiving a sudden call from a debt collector or discovering new collection activity on your credit report for an unfamiliar bill, can leave you with an uneasy feeling. You may be concerned as to why you had not been previously notified of the debt or if you owe the debt at all.

The truth is that some creditors are not required by law to send you a statement prior to sending you to collections, especially among medical bill collectors. The term for this is called “parking” the debt. According to the National Consumer Law Center (NCLC), a debt collector may add medical debt information to your credit report without ever contacting you to collect the debt. In fact, the collector may actually wait for the debt to resurface on its own, such as when you attempt to obtain a mortgage or other line of credit. The debt simply remains in place and the creditor benefits by saving time and resources otherwise used to pursue you.

Even if you pay the debt off upon discovering it, the debt may have already affected your credit score. Also, paying these reported collections do not necessarily result in their removal from your credit report. The Fair Credit Reporting Act (FCRA) requires certain lenders to notify consumers before reporting a debt to the credit reporting agencies, but not all of them.

The FCRA states that any financial institution that offers credit and regularly reports business to credit reporting agencies must provide a notice to the consumer before reporting negative information to the credit reporting agencies. However, the FCRA further notes that this notice “may be included on or with any notice of default, any billing statement, or any other materials provided to the customer,” though it “must be clear and conspicuous.” This means you may be advised of an outstanding debt at the same time it is being applied to your credit report.

The requirement only applies to financial institutions that regularly extend credit, therefore a delinquent cell phone or hospital bill may go into collection without prior notification. If a creditor is required to notify you, they must do so no later than 30 days after a debt was incurred. In most cases, if a creditor delays sending you a bill and upon receipt, you pay it immediately; you should not see negative activity on your credit report.

It is recommended that you regularly review your credit reports. If you see activity that you do not recognize, you may dispute it with the credit bureau(s). It is best to do this in writing. In most cases, if the credit reporting agency is unable to confirm a source within 30 days, it must be removed. By reaching out to the credit bureau directly, your consumer rights are protected under the FCRA.

If the activity is not removed, you may dispute it directly with the collection agency. They also have 30 days to respond back to you. You may also request verification of the debt, to determine its validity.

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.

Source:
http://www.foxbusiness.com/personal-finance/2015/06/23/can-debt-collector-come-after-me-if-never-got-bill/

A recent announcement by the Federal Trade Commission (FTC) reveals that the operators of a fraudulent debt collection scheme have agreed to be banned from the debt collection and telemarketing business. The agreement was met to settle FTC charges of false demands for fake debts, targeting Spanish-speaking consumers. Defendants Centro Natural Corp., Sumore LLC, Jessica Anzola, Damian Biondi, Carolina Orellana, Javier Sumbre, and Susana Sumbre, were smacked with a hefty fine of almost $7 million for the scam.

The FTC’s vote to initiate a permanent injunction against the defendants was unanimous, and the decision was filed with the U.S. District Court for the Southern District of Florida. The FTC first filed the complaint last year, alleging that the defendants threatened consumers with arrest, immigration status investigations and even lawsuits, if they did not pay the phony debts.

The settlement order’s ruling to ban all defendants from telemarketing and debt collection activities means that they are permanently prohibited from making further misrepresentations about any product or service, as alleged in the complaint. Bionore Inc., Jager International Inc., Allianza Inmobiliaria Corp. and Jorge Sumbre were also named as defendants who stood to gain from the con.  The defendants are also forbidden from selling or benefitting from customers’ personal information.

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.

Source:
http://www.insidearm.com/daily/debt-collection-news/debt-collection/ftc-bans-fraudulent-debt-collectors-who-targeted-spanish-speaking-consumers/

Last week, Curtis Jackson, better known as rapper 50 Cent, filed for Chapter 11 bankruptcy protection, only days after a messy lawsuit forced him to pay out $5 million to his rival Rick Ross’ ex-girlfriend. Both fans of the rapper and the media were surprised to learn of the filing, especially since Jackson was regarded as a man of “exceptional business instincts,” by The New York Times. He was also ranked No. 4 on Forbes’ May list of the wealthiest hip-hop artists, for his net worth of $155 million.

Jackson’s attorneys stated that the filing will allow the rapper to reorganize his financial affairs. However, others believe he is filing for bankruptcy as a way to protect himself following his lawsuit. In a recent late night appearance on TBS’ The Conan O’brien Show, Jackson addressed his decision to file for bankruptcy. “I need protection,” Jackson claimed. He also stated that success often makes people a target for lawsuits.

Prior to his filing for bankruptcy, Jackson did little to hide the extravagant lifestyle he was leading. He was often seen seated in the front row at fashion shows, catching frequent private flights, flashing expensive jewelry and clothing, and driving luxurious cars. The rapper’s Instagram is full of images supporting this, as he constantly posted updates for his 5.4 million followers. Despite this, Jackson said in his interview with Conan, “Times are hard out here, for real.”

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.

Sources:
http://www.businessinsider.com/50-cent-bankruptcy-to-conan-i-needed-protection-2015-7
http://www.businessinsider.com/50-cent-biography-pictures-of-luxury-2015-7

For those uncertain as to whether or not they should file for bankruptcy, Donald Trump appears to have stepped up as a spokesperson on why filing for bankruptcy is a wise move. Although the multi-million dollar real estate investor claims to have never filed for bankruptcy personally, he fully supports how bankruptcy can be a smart and legal move when needed.

Last month on Twitter, Trump stated, “Out of hundreds of deals & transactions, I have used the bankruptcy law a few times to make deals better. Nothing personal, just business.” He also stated that nearly every major dealmaker has used bankruptcy laws as a business tool. According to Trump, buying deals and then immediately placing them into bankruptcy for a better deal is effective and commonly used.

Despite his positive reviews of utilizing bankruptcy for better business deals, Trump is deeply irritated by others thinking that he has personally filed for bankruptcy. In 2013, Trump vehemently denied this in an angry post directed at the journalist, Touré Neblett.

In the past, Trump’s corporations have filed for bankruptcy, if the enterprise was failing or struggling. It seems that if business tycoons can use bankruptcy laws to their advantage, so can the average consumer. While bankruptcy may help in business transactions, there is still a negative stigma attached for some individuals.

Bankruptcy continues to provide a fresh start for struggling consumers buried in debilitating debt. According to the Federal Reserve Bank of New York, those who file for bankruptcy are better off financially than those who do not. Keeping this in mind, some of the common myths of filing for bankruptcy are simply not true.  It is important consumers keep an open mind.  Whether it is business or personal, filing for bankruptcy is indeed a smart and useful tool for people to consider.

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.

Source:
http://www.huffingtonpost.com/steve-rhode/donald-trump-praises-beneficial-power-of-bankruptcy_b_7746322.html

Are you considering filing for bankruptcy? Before you sit down with an experienced and qualified bankruptcy attorney, there are several important documents you need to bring with you. If you decide bankruptcy is the best option for you, your attorney will thoroughly review your financial background. Additional documentation will be required by your attorney to determine the type of bankruptcy you should file.

The following documents are needed when you first meet with your bankruptcy attorney:

• Financial Documentation. Wage statements, tax returns, bank account statements and large purchase receipts.

• Creditor Information. A list of credit accounts, account numbers, the amounts you owe and their contact information.

• Loan documentation. Any mortgages and outstanding loans you may have, such as: car loans, business loans, etc.

• Real Estate documentation. Forms and information pertaining to any property you may own or rent.

• Personal Property Documentation. Any major personal property items like vehicles, boats, valuable jewelry, electronic items, appliances or other items that could be repossessed.

• A list of any personal questions you may have for your attorney.

If you are a business filing for bankruptcy, additional documentation will be required such as company reports, financial statements, budget reports, and company property information.

While it is best to be as prepared as possible, if you are unable to obtain all of these documents, do not worry. You will be provided with adequate time to contact your banks, lenders and creditors to obtain the necessary documentation for your bankruptcy proceeding.  It is important to be open and honest with your bankruptcy attorney to prevent possible fraud or being accused of “hiding” assets.  By providing all necessary documentation and working closely with your attorney, you will help ensure that the bankruptcy process runs as smoothly as possible.

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.

Source:
http://www.legalmatch.com/law-library/article/bankruptcy-checklist-what-to-bring-when-meeting-your-lawyer.html