Bankruptcy Law Archives - Page 95 of 128

Bankruptcy Law, Credit, Timothy Kingcade Posts

Medical Bills Cause more than 60% of Bankruptcies in U.S.

Posted on September 29, 2014by Admin

CNN analysts estimate that at least 1.5 million Americans will file for bankruptcy this year, for some it will be the result of overspending, but for 60% medical debt will be the leading cause. Over the past 6 years, the number of bankruptcy filings due to medical debt has almost doubled from 46% to 62%. The majority of those who filed for bankruptcy represent the middle class and those with good education. Many families are unaware that they are just one illness away from financial ruin. Medical bills are causing excessive stress in one out of five American families today.

Those who have experienced illness or injury and found themselves overwhelmed with medical debt should contact an experienced Miami bankruptcy attorney who can advise you of all of your options. Bankruptcy laws were created to help people resolve overwhelming debt and gain a fresh financial start. Bankruptcy attorney 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, Timothy Kingcade Posts

Jersey Shore Star, ‘The Situation’ Indicted for $8.9M Tax Fraud Conspiracy

Posted on September 25, 2014by Admin

Former Jersey Shore cast member, Mike Sorrentino (a.k.a. ‘The Situation’) and his brother / business manager, Marc Sorrentino appeared in a New Jersey Federal Court this week to plead not guilty to a fraud indictment claiming they did not pay taxes on $8.9 million of income. Court documents show that both Sorrentino and his brother are being charged with one count of conspiracy to defraud the U.S., and an additional two counts of filing false returns. His brother faces three. ‘The Situation’ is also charged with not filing a tax return in 2011, when he earned more than $1.9 million in income.

The document states, “From in or about January 2010 through in or about November 2013, in Monmouth and Ocean Counties, in the District of New Jersey and elsewhere, defendants Marc Sorrentino and Michael Sorrentino, aka ‘The Situation,’ did knowingly and intentionally conspire and agree with each other and others to defraud the United States by impeding, impairing, obstructing, and defeating, through deceitful and dishonest means, the lawful functions of the IRS, a constituent agency of the United States Department of the Treasury, to ascertain, compute, assess, and collect federal income taxes,”

“According to the indictment, Michael and Marc Sorrentino filed false tax returns that incorrectly reported millions made from promotions and appearances,” U.S. Attorney Paul J. Fishman said in a statement. “The brothers allegedly also claimed costly clothes and cars as business expenses and funneled company money into personal accounts. The law is absolutely clear: telling the truth to the IRS is not optional.”

The conspiracy and filing false tax returns each carry a maximum penalty of three years in prison and a $250,000 fine. The count charging ‘The Situation’ for failing to file a tax return carries a maximum potential penalty of one year in prison and a $100,000 fine. Regardless of your occupation or status in life, if you attempt to cheat on your taxes for personal financial gain- you face real consequences, criminal prosecution and even jail time.

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.

http://www.people.com/article/mike-the-situation-sorrentino-tax-evasion

Bankruptcy Law, Credit, Timothy Kingcade Posts

Credit Card Debt or Student Loan Debt: Which to pay off first?

Posted on September 23, 2014by Admin

It is important to first realize, that all debt is not created equal. Some debt can actually work for you. For example, debt that is tax deductible, such as mortgage and student loan debt falls into the category of “good” debt. On the other hand, debts like credit card debt and car loans fall into the “bad” debt category.

Student loans offer fixed rates and tax deductible interest. You should not be in a rush to pay these off, particularly if you are not already saving adequately for retirement and other emergencies. Federal student loans offer the opportunity to reduce or even suspend payment without damaging your credit scores if you face financial difficulty and have the possibility of forgiveness. Those options are not available for credit card debt.

If your student loan payments exceed 10% of your income when you enter into repayment, the federal government has a “Pay as you Earn” program, which offers more manageable payments for borrowers, especially those with large amounts of debt.

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

New Study Reveals Surprising Impact Student Loan Debt has on the Housing Market

Posted on September 22, 2014by Admin

A new study reveals the impact of student loan debt on home ownership. The impact is 414,000. That is how many home sales will not happen this year as a result of high levels of student loan debt, according to a report from John Burns Consulting, a firm that advises home builders. This number is the equivalent of about 8% of all home sales, enough to dent the housing industry by $83 billion a year!

The report estimates that the number of borrowers under the age of 40 that owe $250 or more each month in student loans has nearly tripled since 2005, to 5.9 million. And it projects that every $250 in monthly student loan payments decreases home borrowing and purchasing power by $44,000. With the typical sale price of a home being $200,000, you get $83 billion in lost sales.

The Federal Reserve Bank of New York has found that young people with student loan debt are now less likely to own a home than people who never attended college, a reversal of the long-standing trend linking higher education to home ownership and higher earnings. Student debt has been a key factor in the lower-than-normal rates, particularly for first-time home buyers, according to the National Association of Realtors.

Bankruptcy Law, Timothy Kingcade Posts

Consequences of Concealing Assets in Bankruptcy

Posted on September 17, 2014by Admin

A Palm Beach couple is facing criminal charges for attempting to hide pricey assets, such as jewelry and silverware from bankruptcy court. The couple filed Chapter 7 in 2008 hoping to discharge $2.9 million in debt. Dr. Richard Krugman heads a medical practice in New Jersey that lost a $4.3 million judgment to an insurance company. The couple claimed available assets of less than $13,000, but a court review found significantly more than that.

According to the federal criminal complaint, the couple fraudulently failed to disclose that they owned the following pricey items:

• A woman’s gold wedding band with two carats of diamonds.
• A woman’s platinum hoop earrings with pave diamonds.
• A woman’s gold cocktail ring with blue stone.
• A woman’s silver bangle bracelet.
• A man’s Swiss army diving watch.
• A Royal Doulton China set.
• A high-end silverware set.
• A Waterford Crystal glass set.
• A Lalique leaf bowl.
• A Lalique caviar bowl.
• Two George Rodrigue “Blue Dog” lithographs, signed and numbered.

As a result, the bankruptcy court refused to grant them a discharge. Now the couple could face up to five years in prison and a fine of up to $250,000 for excluding these assets. The defendants intend to plead guilty.

This should come as a warning to anyone who plans to hide assets from the bankruptcy court and their attorney. Bankruptcy trustees are experts at finding undisclosed property, vehicles, boats, jewelry, antiques, and collectibles. If you are caught trying to hide assets, the consequences are big. Your discharge will be denied, and you will be unable to discharge the debts you listed in a subsequent bankruptcy filing. In addition, the potential penalty for bankruptcy crimes include fines and imprisonment of up to five years.

If you have any questions on this topic or 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.

http://www.bizjournals.com/southflorida/news/2014/09/15/couple-faces-criminal-charges-for-hiding-pricey.html?ana=e_sflo_bn_breakingnews&u=um2Eyo72dYSImvglWn/0xO6wsIE&t=1410970294

Bankruptcy Law, Credit

Senior Americans Burdened with Student Loan Debt

Posted on September 11, 2014by Admin

The student loan crisis is not just affecting young college graduates, it is reported that a growing number of aging Americans are struggling to pay their student loans. Even a senior’s social security benefits become fair game for lenders when borrowers cannot keep up with their payments.

Among Americans ages 65 to 74, 4 percent in 2010 carried federal student loan debt, up from 1 percent six years earlier, according to a recent Government Accountability Office (GAO) report released. For all seniors, the collective amount of student loan debt grew from about $2.8 billion in 2005 to about $18.2 billion last year.

Student loan debt hits seniors especially hard because many of them are also struggling with other challenges such as health problems, divorce and job loss. Some went back to school in hopes of making a higher salary, or co-signed on loans to help fund their children’s education.

The GAO found that about 80 percent of the student loan debt by seniors was for their own education while the rest was taken out for their children or other dependents. Federal data revealed that seniors were more likely to default on loans for themselves compared with those they took out for their children.

The GAO found that about a quarter of loans held by seniors’ ages 65 to 74 were in default. In addition to docking Social Security benefits, the government can use a variety of collection methods to recoup student loans, such as docking wages or taking tax refund dollars.

Bankruptcy Law, Credit, Timothy Kingcade Posts

FICO’s New Credit Score and What it Means for Home Buyers

Posted on September 10, 2014by Admin

Following the 2008 housing crash, your credit score now plays a major role in the home buying process. Having a low credit score can result in borrowers having a higher mortgage interest rate and sometimes not qualifying for a loan at all.

FICO’s new credit score model is expected to change all that. The upgrade, called FICO 9 is likely to result in a seismic shift in credit reporting, helping those who have had less than perfect credit.

FICO 9 will be released this fall and will be less sensitive to medical collections information reported to credit bureaus. According to FICO, the median FICO score for consumers who only have medical collections on their credit report will increase by 25 points with the changes.

The new model also drops collection agency accounts that are paid off either in full or via a settlement. In addition, under FICO 9 people will be able to get a credit score even if they lack credit history. Credit bureaus will instead be able to pull their phone bill or cable bill. This will tell lenders if the applicant is at risk of defaulting or if they have a good track record of paying their bills on time.

Mortgage experts do not anticipate FICO 9 having a dramatic increase in new home sales, but they do say, “It will help a set group of people secure a loan or get better terms.”

Under the current FICO score, a settled collection account can drop a score down low enough to not qualify for a mortgage. Under FICO 9, borrowers who could not pay their debt in the past but are now back on track, will not be penalized for past credit mistakes.

Bankruptcy Law, Foreclosures

Is it better to file bankruptcy BEFORE or AFTER foreclosure?

Posted on September 9, 2014by Admin

If you plan to file bankruptcy and are also facing foreclosure, the timing of your bankruptcy can make all the difference- depending on whether you want to keep your home. When you file for bankruptcy, an automatic stay immediately goes into effect. This freezes all collection activities against you, including any collection attempts from your mortgage lender. Once the automatic stay goes into effect, creditors cannot take money from you or pursue any lawsuits against you. Even collection phone calls and letters violate the automatic stay.

If you file for bankruptcy before your home is sold at foreclosure, the automatic stay will prevent the foreclosure from moving forward. This will also allow you to stay in your home longer and add to the time it takes the lender to sell your home.

If you do not want to keep your home and your bankruptcy is complete before the foreclosure, this can give you peace of mind. You will not need to worry about any lingering deficiency balance once the foreclosure goes through. Bankruptcy will eliminate this. Even if you try and negotiate a loan modification with the bank and do not succeed, you can still walk away without owing anything.

Bankruptcy Law, Timothy Kingcade Posts

Avoid Making these EXPENSIVE Student Loan Mistakes

Posted on September 5, 2014by Admin

Student loans have become a necessary evil for many students wanting to attend college or graduate school these days. A number of students fall into the gap of being “Too Poor to Afford College, Too Rich for Financial Aid.” There are two detrimental mistakes that many graduates are making when it comes to their student loan debt.

1.) Delaying the Inevitable. There are very few ways to get out of paying your student loans, even with the student loan forgiveness programs available. Waiting to pay back your loans, just allows them to grow. Interest will accrue and the debt will grow over time. Even waiting 1-2 years after graduating could cause your loan balance to increase by 10%. So instead of waiting until you earn more money or find a better job, negotiate with your lender to work out a repayment program that works for you.

Ask your lender if you qualify for any income based repayment plans or pay as you earn programs. In many cases, you could have $0 repayment until you start earning more money. This will help you map out a plan to have your student loan debt forgiven after a set number of years, and also keep your payments manageable until then. It is estimated that roughly 5 million borrowers qualify for these income based repayment plans or pay as you earn programs. However, only about 700,000 borrowers are enrolled in these programs.

2.) Paying for Student Loan Help you do not need. More and more businesses are entering the “Student Loan Forgiveness” and “Student Loan Consolidation” market. It’s a booming business! Unfortunately, many of these can be classified as student loan scams. These companies advertise on TV and radio that they can help struggling borrowers qualify for student loan forgiveness programs or lowering their monthly payments through consolidation.

What many of these companies are doing is charging borrowers anywhere from $200 to $1,500 (or more) a month to fill out paperwork that you can fill out yourself. Instead of paying these companies, call your student loan provider yourself. For Federal student loans, the servicing companies have very specific rules they must follow for offering repayment plans, forgiveness programs, and consolidation. Bottom line, you should NEVER pay for student loan consolidation out of your own pocket. If you have Federal student loans, you can get a consolidation loan for free through StudentLoans.gov.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Debt Collectors Come under Fire in Recent Lawsuit

Posted on September 2, 2014by Admin

The U.S. Consumer Financial Protection Bureau (CFPB) filed its first lawsuit against Frederick J. Hanna & Associates, a debt-collection firm, based in Marietta, GA. The firm is accused of violating federal consumer protection laws, processing more than 350,000 credit card collection complaints against consumers, some of whom may owe nothing or owed less than was claimed.

These collection practices are widespread. Roughly 77 million Americans have debt in collections, according to a recent study published by Urban Institute. CFPB officials say the regulator may sue law firms if they operate as debt-collection businesses rather than legal advisers.

The vast majority of borrowers sued in these cases do not appear in court and as a result, many of the cases end in a default judgment allowing the collector to garnish wages, freeze bank accounts or put a lien on property. These judgments can be difficult to correct.

CFPB officials are weighing regulations that would impose tougher requirements on debt collectors to establish they have the right to collect on a debt and ensure the amount is accurate. These rules would also impact banks and debt buyers as well.

Legal experts say the suit could signal the regulator’s intent to target similar high-volume law firms, and potentially banks and debt buyers, over allegations that debt collection claims can be out of date, incorrect in their amounts, lacking in documentary support or overlapping with claims filed against the same debtors.

If you 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.