Bankruptcy Law Archives - Page 93 of 128 - Kingcade Garcia McMaken, P.A. Bankruptcy Attorneys

Bankruptcy Law, Credit, Timothy Kingcade Posts

‘70s Pop Icon, David Cassidy Files for Personal Bankruptcy in South Florida

Posted on February 16, 2015by Admin

David Cassidy filed for Chapter 11 bankruptcy protection last week in Fort Lauderdale, where he owns a waterfront home. The 64-year-old former teen idol with hits like “I Think I Love You” and “I Woke up in Love This Morning,” reported debts including a $292,598 mortgage, $39,102 on credit cards and considerable attorney and accountant fees. Cassidy listed assets and debts in the estimated range of $1 million to $10 million.

The clerk’s office concluded that Cassidy’s petition was incomplete for missing 16 documents, including forms listing real property, creditors holding secured claims, executory contracts, unexpired leases and current income. All are due by February 25th.

The filing said Cassidy owes money to more than 10 lawyers and accountants in South Florida. Hallandale Beach attorney, Brian Rodier who represented Cassidy from 2006 to 2011 claims Cassidy racked up $134,221 in legal bills, which he never paid. According to the bankruptcy filing Cassidy owes American Express $21,952 and the Villas at Polo Towers in Las Vegas $1,420 in maintenance fees, where he frequently performs.

The former star and teen heartthrob of the 1970s TV show, “The Partridge Family,” has struggled the past several years. He faced four drunken-driving charges, court-ordered rehabilitation and his wife, Sue Shifrin, filed for divorce last year. Cassidy has been a defendant in 12 civil cases in Broward Circuit Court, with several still pending. One of them involved a foreclosure on a Fort Lauderdale penthouse.

Click here to read more on this story.
http://www.dailybusinessreview.com/id=1202717845853/70s-Pop-Star-David-Cassidy-Isnt-Singing-I-Think-I-Love-You-Now-Files-Personal-Bankruptcy?mcode=1202615581416&slreturn=20150115134105

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.

Bankruptcy Law, Credit, Timothy Kingcade Posts

The Dirty Dozen Tax Scams for 2015

Posted on February 12, 2015by Admin

Aggressive phone calls top the IRS’s list of “Dirty Dozen Tax Scams of 2015.” The government has issued a warning to taxpayers- the early weeks of the filing season are when these phone scams are rampant.

Below is the complete “Dirty Dozen” list of tax scams to watch out for this year:

1.) Phone scams. Aggressive and threatening phone calls by criminals posing as IRS agents remain an ongoing threat to taxpayers. The IRS has seen a surge of these phone scams in recent months as these scam artists threaten arrest, deportation and license revocation.

2.) Phishing. Beware of fake emails or websites looking to steal your personal information. The IRS will never send you an email about a bill or refund. Even clicking on certain strange links and websites can allow scammers access to your personal information and passwords.

3.) Identity theft. Taxpayers need to be aware of the potential for identity theft, particularly around tax time and take every precaution to avoid becoming a victim.

4.) Return preparer fraud. Taxpayers need to be aware of criminals posing as tax professionals. These individuals set up shop each filing season to perpetrate refund fraud, identity theft and other scams.

5.) Offshore tax avoidance. It is a bad bet to hide money and income offshore. Taxpayers need to come forward voluntarily to get their taxes and filing requirements in order with the IRS’s Offshore Voluntary Disclosure Program.

6.) Inflated refund claims. Taxpayers need to be on the lookout for anyone who promises inflated refunds. Taxpayers should avoid anyone who asks them to sign a blank return, promises a large refund before looking at their records, or charges fees based on a percentage of the refund. These scams usually target their victims through flyers, word of mouth, advertisements, community groups and even churches.

7.) Fake charities. Taxpayers should be aware of fake charitable organizations anxious for donations. Oftentimes these charities have a similar or familiar sounding name to nationally recognized organizations.

8.) Hiding income with fake documents. Hiding taxable income by filing false Form 1099s or other fake documents is a scam that taxpayers should always avoid and guard against. In the end, the taxpayer is legally responsible for what is on his or her return, regardless of who prepares the paperwork and does the filing.

9.) Abusive tax shelters. Taxpayers should steer clear of using abusive tax structures to avoid paying taxes. The IRS is committed to putting a stop to these complex tax avoidance schemes and the people behind them. When in doubt, seek a professional’s opinion.

10.) Falsifying income to claim credits. Taxpayers should avoid inventing income to fraudulently claim tax credits. Taxpayers are sometimes talked into this by scam artists. A taxpayer’s best bet is to file the most accurate return possible.

11.) Excessive claims for fuel tax credits. The fuel tax credit is not available to most taxpayers and is generally limited to “off-highway” businessuse, including use in farming. However, the IRS routinely finds taxpayers who erroneously claimed the credit to inflate their refunds.

12.) Frivolous Tax Arguments. The penalty for filing a frivolous tax return is $5,000. Promoters of these schemes encourage taxpayers to make unreasonable and outlandish claims to avoid paying the taxes they owe.

Click here to read more on this story.
http://www.nbcphiladelphia.com/news/local/The-Internal-Revenue-Service-List-of-Dirty-Dozen-Tax-Scams-291445471.html

Bankruptcy Law, Credit, Timothy Kingcade Posts

Consumers Beware: No one can Erase Bad Credit

Posted on February 6, 2015by Admin

The Better Business Bureau is warning consumers to beware of companies making false promises of quick credit repairs. They have seen an increased number of complaints against local and national credit repair companies that are claiming to be able to erase bad credit for upfront fees of $250 or more. So can you actually erase bad credit? Consumers can have credit reporting errors corrected, but unfortunately, if the debt is valid no company can make it disappear.

For a fee, credit repair companies promise to clean up your credit report so you can obtain a car loan, mortgage or even a job. Based on the BBB experience, many of these companies fall short on their promises. After consumers pay these companies, sometimes thousands of dollars in fees, they do nothing to improve the consumer’s credit and simply disappear with the money.

The Federal Trade Commission has the following tips to help consumers avoid the pitfalls associated with these credit repair companies:

•Avoid any company that tells you it can get rid of most or all the negative credit information in your credit report, even if that information is accurate and current.

•Avoid any company that charges an upfront fee for credit repair services. This is against the law.

•Beware of any credit repair company that does not tell you your legal rights and steps you can take to repair your credit score free of charge.

•Avoid any credit repair company that tells you not to contact a credit reporting company directly.

•Avoid any credit repair company that advises you to dispute ALL of the information in your credit report.

•Avoid any company that suggests creating a new credit identity or applying for an Employer Identification Number to use instead of your Social Security number. Not only is this illegal, it leaves consumers open to prosecution for fraud.

Click here to read more on this story.
http://www.theadvertiser.com/story/money/business/2015/01/03/beware-claims-one-can-erase-bad-credit/21251883/

Bankruptcy Law, Credit, Timothy Kingcade Posts

Parents with poor credit: Beware of this Student Loan Rule Change

Posted on February 5, 2015by Admin

There has been much criticism that federal student loans are too easy to get and that borrowers can take on large amounts of debt with little verification that they can ever pay it back. The Department of Education has announced new regulations that are aimed at one type of federal loan that currently does not require a credit check- Parent PLUS Loans.

PLUS loans are available to parents to help provide financing for children who do not qualify for enough financial aid on their own. But there are no specific limits on the amount that can be borrowed under this program- other than that parents cannot borrow more than the total cost of their child’s education after other financial aid has been deducted.

In the final regulations issued by the Department of Education, which go into effect March 29, 2015 borrowers who have an “adverse credit history,” may find it harder to qualify for these type loans. The evaluation will take into account whether the borrower has:

• One or more debts that are 90 days or more delinquent with a total outstanding balance larger than $2,085;

• Accounts placed for collection or charged off in the two years before the credit report is pulled;

• Bankruptcy discharge, foreclosure, repossession, tax lien, wage garnishment, or write-off of a federal student loan debt in the past five years.

PLUS loans can be dangerous and are often accompanied by higher interest rates than other federal loans and fewer flexible re-payment options. For example, one parent shared on Credit.com’s blog that he has $45,000 in outstanding parent loans, but only makes $28,000. His children are unable to help him repay the loan at this time.

These changes are likely going to make parents look harder at the true burden of student loan debt and the potential return they are getting with taking out these loans. Parents thinking about borrowing money to help their children pay for college would be wise to review their annual credit reports to identify any discrepancies and think twice about whether PLUS loans are the best option.

Click here to read more on this story.
http://www.foxbusiness.com/personal-finance/2015/02/02/student-loan-rule-change-that-could-hurt-parents-with-bad-credit/

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 http://www.miamibankruptcy.com.

Bankruptcy Law, Credit, Timothy Kingcade Posts

T-Mobile will Ignore Bad Credit if Bills are paid on Time for One Year

Posted on February 4, 2015by Admin

Many Americans miss out on qualifying for the favorable rate plans mobile carriers offer due to having a less than perfect credit score. In fact, 63% of Americans have a less than desirable credit score, so they do not qualify for the deals many of the wireless companies spend billions of dollars promoting.

John Legere, T-Mobile’s CEO and President, wants to change all that by offering a new service called Smartphone Equality. This plan will offer the same financing options for all customers, including those with bad credit. This will be available to customers who have paid their T-Mobile bill on time for 12 months.

Smartphone Equality puts the relationships the cellular company has with loyal customers above their credit scores. Legere believes that T-Mobile’s relationship with those customers is a better predictor of future behavior than their credit history.

Click here to read more on this story.
http://www.forbes.com/sites/amitchowdhry/2015/01/26/t-mobile-smartphone-equality/

Bankruptcy Law, Credit, Timothy Kingcade Posts

New Bill Introduced to Forgive Student Loan Debts during Bankruptcy

Posted on February 3, 2015by Admin

A lawmaker has filed legislation in Congress which will allow student loan debt to be treated just as other forms of debt that can be discharged in bankruptcy. As we all know, student loan debt is treated differently in bankruptcy court than credit card debt, auto loans or mortgage debt, and cannot be discharged. Representative John K. Delaney, D-Md., introduced the Discharge Student Loans in Bankruptcy Act (H.R. 449).

In a statement he said, “Student loan debt is dragging down economic growth, keeping the American Dream out of reach for many and is a monthly strain for millions.” Student loan debt continues to increase as the cost of college tuition continues to rise. According to a study by the Institute for College Access & Success, 69 percent of graduates from the class of 2013 left school with an average of $28,400 in student loan debt.

Delaney has backed several bills focused on student loans and financial aid. He is also a cosponsor of the Middle Class CHANCE Act, which increases support provided by Pell Grants. In his previous term, Delaney voted for legislation in the House to prevent student loan rates from rapidly increasing and cosponsored the Truth in Tuition Act, which requires institutions to provide multi-year tuition and fee schedules.

Click here to read more on this story.
http://www.accountingtoday.com/news/education-planning/congressman-introduces-bill-to-forgive-student-loan-debts-during-bankruptcy-73395-1.html

Bankruptcy Law, Credit, Timothy Kingcade Posts

Top 5 Predictions for Student Loans this Year

Posted on February 2, 2015by Admin

Last year, we saw small signs of change and new advocates gearing up to address the student loan crisis. You may be wondering what to expect this year. Here are five predictions for student loans in 2015.

1.) Policy changes. There will continue to be a lot of attention on student loans in Washington. There will likely be a bill passed by a Congressional Democrat, but it will be tough to pass with a Republican-run Congress.

2.) Rising rates. Interest rates will remain relatively stable, with the possibility of increasing towards the end of the year. It has been widely anticipated that interest rates will rise towards the end of this year.

3.) Better student loan options for more people. New companies have entered the market with the goal of “fixing the broken student loan market.” These online lenders focus on giving student loan borrowers a better rate and overall better experience. They focus mainly on refinancing student loan debt into lower interest rate loans. These companies will continue to expand this year, providing more positive options for those with student loan debt.

4.) More talk about the value of an education. Price-conscious consumers will rigorously evaluate the ROI of their education. People will become more educated on the university system today- and determine the high cost of education is economically “worth it” for some schools and degrees, but not as much for others.

5.) Broader attention from investors. Investor demand for student loan assets will increase. The last 1-2 years have seen increased student loan activity in the capital markets- securitizations, whole loan sales and equity investments. There is expected to be more of this in 2015 and an increased demand from investors.

Click here to read more on this story.

Bankruptcy Law, Credit, Timothy Kingcade Posts

To Collect Debts, Nursing Homes are Seizing Control over Patients

Posted on January 29, 2015by Admin

Lillian Palermo did her best to prepare for end of life care. She arranged for her power of attorney and health care proxy to be her husband, if she ever became incapacitated. Now in her 80’s, her husband Dino, eight years her junior, feeds her home-cooked Italian meals, sings her favorite songs and pays a private aide to be there when he cannot at the Catholic nursing home in Manhattan.

Last summer, after he disputed nursing home bills that had suddenly doubled his wife’s co-pays, and complained about the inexperienced employees who dropped his wife on the floor, Mr. Palmero was shocked to find a six-page legal document lying on her bed. It was a guardianship petition filed by the nursing home, asking the court to give a stranger full legal power over Mrs. Palermo, now 90, and complete control of her money.

Many people are unaware that a nursing home can take such a step. However, interviews with system veterans and a review of the guardianship court data show this practice has become routine, shedding light on the growing power nursing homes have over residents and family members amid changes in the financing of long-term care. At least one judge has ruled this tactic by nursing homes is an abuse of the law, but the petitions, even if they are ultimately unsuccessful, force families into costly legal battles.

Mr. Palermo, 82, was devastated by the petition. A court evaluator eventually reported that Mr. Palermo was the appropriate guardian, but not before his legal expenses reached $10,000. In the end, Medicaid’s recalculation put his wife’s monthly co-pay at $4,558.54, almost $600 less than the nursing home had claimed, but far more than the $2,642 Mr. Palermo had been paying under an earlier Medicaid calculation. As soon as the nursing home cashed his check for the outstanding balance, it withdrew the guardianship petition.

Click here to read more on this story.

http://www.nytimes.com/2015/01/26/nyregion/to-collect-debts-nursing-home-seizing-control-over-patients.html

Bankruptcy Law, Credit, Timothy Kingcade Posts

New Rules Limit Hospitals’ Collection Fee Tactics

Posted on January 28, 2015by Admin

The Obama administration has adopted a new set of rules to discourage nonprofit hospitals from using aggressive tactics to collect payment from low-income patients. These new rules require nonprofit hospitals to offer discounts, free care or other financial assistance to low-income patients. In addition, hospitals are required to try and determine whether a patient is eligible for assistance before the case is referred to a debt collector, negative information is sent to a credit agency, a lien is placed on the patient’s home, filing a lawsuit or seeking a court order to garnish a patient’s wages.

The rules apply to nonprofit hospitals that are seeking or have tax-exempt status, about 60 percent of hospitals nationwide. Because the Consumer Financial Protection Bureau has endorsed these new rules, health care lawyers believe this could set an industry standard, influencing the practices of for-profit hospitals.

These new rules should make it easier for low- and moderate-income patients to get valuable medical care without having to worry about a large hospital bill or collection agency harassing them for money they do not have. The rules do not prevent a hospital from engaging in lawful debt collection; however, it does require hospitals to first evaluate a patient’s need for financial assistance. In addition, each nonprofit hospital must establish and publicize in a written policy stating who is eligible for financial assistance and how patients can apply.

Many people are just one medical emergency or illness away from a financial crisis. In fact, medical bills are the number one reason people file bankruptcy. For those struggling with the financial weight of a health crisis, Chapter 7 bankruptcy is a way for you to eliminate all of your medical bills in only a couple of months, and start fresh!

Click here to read more on this story.
http://www.nytimes.com/2015/01/12/us/politics/new-rules-to-limit-tactics-on-hospitals-fee-collections.html?_r=1

If you are burdened with medical debt and wondering how Chapter 7 bankruptcy can help, 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, Foreclosures, Timothy Kingcade Posts

Former NFL Player Receives Prison Sentence for Mortgage Fraud Scheme

Posted on January 26, 2015by Admin

Former Tampa Bay Buccaneers player, Jeffrey Charles Leroy Taylor, was sentenced to three years in prison for his part in a $7 million loan modification scheme that affected thousands of homeowners. In addition to his prison term, Taylor was ordered to pay more than $350,000 in restitution to the victims of the fraud.

Taylor, who also played football for the University of Miami and lives in Fort Lauderdale, pled guilty to the charges in late 2014. The scheme was reportedly organized by the operator of FHA All Day.com, Jason Vitulano, Housing Assistance Law Center and Safety Financial Corp. The defendants allegedly defrauded more than 2,000 struggling homeowners out of millions of dollars through fraudulent loan modifications in 2008 and 2009.

Taylor reportedly acted as the team manager of four telemarketers who made thousands of phone calls to homeowners offering to reduce their mortgage payments or stop the foreclosure process for a fee paid to FHA All Day.com.

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.