Bankruptcy Law Archives - Page 97 of 128

Bankruptcy Law, Credit, Timothy Kingcade Posts

$8.25 Million Bonus Not Enough for Ex-Goldman Trader

Posted on July 2, 2014by Admin

Deeb Salem, an ex-Goldman Sachs mortgage trader is asking for more from the company he claims did him wrong. According to a transcript from the arbitration hearing, Salem told his mother three years ago that he expected $13 million for his “heroic efforts” to bring in $7 billion for the bank that year. The bonus he thought was owed to him was slightly down from the $15 million he received in 2009 and more than the $9 million bonus Goldman chief, Lloyd Blankfein took home that same year.

Salem claimed a Goldman credit trading executive said he was a “steal” at $15 million at a cocktail party. The reason for the reduced bonus was Salem’s “extremely poor judgment” in detailing his skillful manipulation of the market leading up to the housing crisis in a 2007 employee self-evaluation. In the evaluation, he described Goldman’s plan to “short squeeze” the mortgage market- what the Senate panel later viewed as “intentional market manipulation.”

Salem now wants Goldman to pay him $16 million. He is appealing to the New York State Supreme Court after being turned down by an industry arbitrator. The case is scheduled for September.

Click here to read more on this story.
http://www.washingtonpost.com/news/morning-mix/wp/2014/06/20/ex-goldman-trader-furious-over-paltry-8-25-million-bonus/?tid=hp_mm

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.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Debt Collectors Using Social Media to Track down Consumers

Posted on July 1, 2014by Admin

After dodging collection calls for more than 10 years, a Brighton Heights man said his experience with a third-party collection agency went from annoying to cyber stalking. He said his student loan debt ballooned from around $80,000 to $270,000 following years without payment. In 2012, he hired an attorney and an accountant to help him set up a payment plan. He believed the worst was behind him.

This was until a picture taken at Regent Square restaurant Square Café with PBS personality Rick Sebak was posted on Facebook and shared with more than 5,000 people. Within days, a person who was looking for him contacted the Square Café and left a number that traced back to the collection agency, Windham Professionals, Inc.

The laws outlined in the Fair Debt Collections Practices Act of 1977 apply to collection attempts made through digital media (i.e. – text messaging and social media). Full and honest disclosure of identity and the intent to collect a debt is mandatory for collection agencies.

The act prohibits the following:
• Contacting third parties without prior consent from the debtor or a court unless they are seeking location information for the debtor;
• It bans disclosing debt obligations to third parties;
• Contacting debtors BEFORE 8 a.m. and after 9 p.m.;
• Directly contacting consumers who have attorneys handling the debt (i.e. – bankruptcy attorney);
• Making false or misleading statements;
• Using obscene or profane language;
• Using threats of violence to collect.

Debt collectors who violate these provisions can face fines of up to $1,000 per violation- money that goes directly to the debtor.
If the debt collector in fact researched Square Café by becoming friends with the Brighton Heights man on Facebook under false pretenses or by connecting with the debtor’s friends under false pretenses and without prior consent, the company is in violation of the Fair Debt Collections Practices Act.

Recently, the Consumer Financial Protection Bureau clarified debt collection rules, including proposed guidance to financial institutions warning that the debt collection act also applies to digital forms of communication, including text messaging and social media.

It is important that consumers check their credit reports at AnnualCreditReport.com to ensure the debt being reported is what is being collected and to know their rights.

A 2014 report says last year the commission received 204,464 debt collection complaints, up from 202,616 in 2012. Thirty-eight percent involved collectors misrepresenting the type of debt, amount or status; 19.7 percent were failure to identify as a debt collector and 16.6 percent involved repeated calls to third parties.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Debt Collectors Paying the Price for Every Time They Call

Posted on June 30, 2014by Admin

Thanks to a new ruling, consumers who have requested debt collectors not call their cell phones are entitled to collect damages of up to $1,500 per call. In the recent 11th Circuit case, Osorio v. State Farm Bank, the court reinforced restrictions under the Telephone Consumer Protection Act that prohibits debt collectors from using automated dialing systems (i.e. – “robocalls”) to contact consumers on their cell phones without their permission.

The Telephone Consumer Protection Act has been federal law since 1991. However, this ruling is significant because in the past, courts have been divided as to whether consumers who have given their cell phone number to a creditor or collector can revoke that privilege, and if so, whether they can do so verbally. In this case, the court ruled in favor of consumers, giving them permission to revoke their consent verbally.

For consumers who are receiving calls for the wrong person, for debts they believe are not owed or for debts that are too old, this ruling proves extremely helpful. However, it important to remember that ignoring collection calls is not a good strategy. Keep accurate records of the collection calls and consider speaking with an experienced bankruptcy attorney who can guide you in the right direction and determine whether you qualify for bankruptcy protection.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Personal Bankruptcy Filings Down

Posted on June 25, 2014by Admin

Bankruptcy filings are down 11 percent compared to the 12-month period ending March 31, 2014, according to statistics released by the Administrative Office of the U.S. Courts. March 2013 bankruptcy filings totaled 1,170,324 compared to 1,038,280 bankruptcy filings in the 12-month period ending March 31, 2014.

However, filings in April and May of this year have been most similar to the number of filings in April and May of 2013. The May 2014 daily bankruptcy filing rate was 4,079, which was a 7.0% decline on a year-over-year basis. There have been just over 405,500 bankruptcy filings in the first five months of 2014. With these latest numbers, the year-over-year bankruptcy filing rate has declined for forty-three straight months.

Some financial experts attribute the decline in consumer filings to “a low-interest rate environment” and consumers utilizing more government assistance programs, such as the Home Affordable Refinance Program (HARP), which has helped many underwater homeowners.

Related Resources:

http://news.uscourts.gov/bankruptcy-filings-down-11-percent-march-2014

http://www.creditslips.org/creditslips/2014/06/900000-bankruptcy-filings-this-year-maybe.html

Bankruptcy Law, Timothy Kingcade Posts

Are Inherited IRA’s protected in Bankruptcy?

Posted on June 16, 2014by Admin

The U.S. Supreme Court recently answered this question. In an opinion written by Justice Sonia Sotomayor the Court found that Heidi Heffron-Clark, who inherited an IRA from her mother in 2001 and filed for bankruptcy nine years later, could not protect the account from her creditors.

The court’s analysis in Clark v. Rameker ruled that there were key legal distinctions between inherited IRAs and those you set up for yourself through annual contributions or company plans. The fact that inheritors cannot put additional funds into the inherited IRA account and the beneficiary can withdrawal money at any time without incurring a penalty make these inherited IRA accounts unique and “suggest that they are not retirement assets,” the court notes.

Another key distinction: Non-spousal IRA heirs must either withdraw the entire account balance within five years of the original owner’s death, or take out a minimum amount each year, starting December 31st the year after the IRA owner died.

The Supreme Court’s decision does not affect bankruptcy protection for retirement accounts of your own, which were expanded by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.

The decision does have important ramifications for spouses. A spouse who inherits their husband or wife’s IRA has an option not available to other inheritors. The surviving spouse can roll the assets into his or her own IRA and postpone distributions from a traditional IRA until they turn 70½. However, there is a catch to this. Just like other IRA owners they may have to pay a 10% early-withdrawal penalty if the money is taken out before age 59½ from the surviving spouse’s own IRA.

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

President Obama Extends Student Loan Debt Relief

Posted on June 11, 2014by Admin

On Monday, President Obama signed an executive order allowing millions of student loan borrowers to cap their monthly payments at 10 percent of their monthly income. “The cost of college and burden of student loan debt are suffocating middle-class families and putting students at an economic disadvantage before they enter the workforce,” Obama said.

Many borrowers already have the option to limit payments to 10% of their income. Obama’s order on Monday extended that option to about 5 million others who were not covered by the previous changes, including those who took out loans before October 2007.These new regulations are expected to be implemented in December 2015 at the earliest.

Student loan debt has reached $1.2 trillion. The average debt per borrower from the class of 2012 ranged from $17,994 in New Mexico to $33,649 in Delaware. President Obama has also endorsed legislation sponsored by Senator Elizabeth Warren (D-Mass.) that would allow students to refinance both public and private loans. This would be paid for by closing a tax loophole currently available to the wealthy. In another effort to help ease the burden for struggling borrowers, Obama ordered the Education Department to renegotiate its contract with student loan providers and give financial incentives to borrowers who make their payments on time.

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, Foreclosures, Timothy Kingcade Posts

Miami Bankruptcy Attorney Timothy S. Kingcade Named a Florida Super Lawyer of 2014

Posted on June 10, 2014by Admin

MIAMI – Managing Shareholder, Timothy S. Kingcade of the Miami-based bankruptcy and foreclosure defense law firm of Kingcade & Garcia, P.A. (www.miamibankruptcy.com) has been recognized as a Florida Super Lawyer in the area of consumer bankruptcy law. This prestigious honor was awarded to only six attorneys in the entire State of Florida.

“It is a true honor to have received this award,” said Timothy S. Kingcade. “It is a testament to the commitment my firm and I make every day to each and every one our clients.”

Attorney Kingcade practices exclusively in the field of bankruptcy law, handling Chapter 7 filings and foreclosure defense cases for the Southern District of Florida. As an experienced CPA and proven bankruptcy attorney, Timothy Kingcade knows how to help clients take full advantage of their rights under bankruptcy protection to restart, rebuild and recover.

Super Lawyers is a listing of outstanding lawyers who have attained a high degree of peer recognition and professional achievement, representing the top 5% of Florida lawyers. The goal of the Super Lawyers selection process is to create a credible, comprehensive and diverse listing of lawyers to be used as a resource to assist lawyers and sophisticated consumers in the search for legal counsel.

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Miami-based Kingcade & Garcia, P.A. was established by managing partner and bankruptcy attorney, Timothy S. Kingcade in 1996. The firm represents clients throughout the State of Florida in Chapter 7 bankruptcy and foreclosure defense cases. The firm is committed to providing personalized service to each and every client, clearly explaining the options according to the unique circumstances of his or her life. The office environment and the service provided are centered on a culture of superior client care. All partners and associates at Kingcade & Garcia, P.A. specialize in consumer bankruptcy and foreclosure and have dedicated their practices to this area of the law. Additionally, all attorneys and staff members at the firm are bilingual speaking Spanish.

Bankruptcy Law, Timothy Kingcade Posts

Find out what your Debt is really Costing You

Posted on June 6, 2014by Admin

Thanks to the CARD Act, those who carry credit card debt are reminded on their monthly statements just how long it will take to pay it off in full. For many consumers, this is not a pretty picture. Most do not realize that by being in debt, purchases you make on those credit cards are actually costing more than what you pay the merchant. It’s a vicious cycle. Each dollar you do not pay over the fixed minimum payment ends up costing you much more in the end.

For example, if you have a $1,000 credit card balance at a 20 percent APR and you plan on making a payment of $20 a month until it’s paid off, it will take you just over nine years and you will have paid approximately $1,168 in interest. The key is to make more than just the minimum monthly payment. Even low-interest rate debts like student loans, which can be extended out 30 years, by making only the minimum payment you are increasing the time you carry those balances because of the compound interest.

Here’s some advice…
• If possible, start paying off the debt in full, beginning with those cards that have the highest interest rates. Also, paying off the smallest debts first can give you motivation to tackle the larger debts.

• Do not let purchases made on credit cards become invisible spending. Switch to a debit card and sign up for balance notifications and alerts on your phone and email.

• Consolidate credit card balances. If you qualify, consolidate your credit card balances to low-interest or 0% interest cards to reduce the cost of your debt. You may also want to consider a personal loan that offers a low interest rate.

• Avoid paying consolidation or consulting fees. Avoid paying fees to credit consolidators. Much of what they are doing for a fee, you can do yourself.

• Understand credit effects. There is a common misconception that carrying debt is good for your credit score. This is absolutely false. To achieve your best possible credit score, it is important to keep your debt ratio to under 30%, 10% is even better.

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.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Dept. of Education Urged to Clarify Policy on Student Loan Bankruptcies

Posted on June 3, 2014by Admin

Democratic members of Congress are urging for clarity and leniency when it comes to how the Department of Education forgives student loan borrowers who are bankrupt and unable to pay back their student loan debt. Federal law treats student loan debt as being non-dischargeable in bankruptcy unless “undue hardship” can be proven.

Oftentimes, attempts to prove undue hardship are “aggressively challenged” by the loan service provider and the Department of Education. According to the letter, the department needs to create clear standards for borrowers to qualify for discharging their student loan debt.

“While we recognize the department’s prerogative to fairly collect on student-loan debts owed to it, we do not find it sensible or cost-effective for the department or its contractors to engage in lengthy legal challenges and appeals against bankrupt student-loan borrowers who have demonstrated a clear and legitimate inability to repay their loans,” the letter says.

Other recommendations in the letter include:

• Clarifying the criteria for “undue hardship” to include borrowers who receive disability benefits under the Social Securtity Act;

• If the secretary of veterans affairs has determined the borrower is unable to work because of disability connected with military service;

• If the borrower’s household income has been less than 175 percent of the official poverty guidelines during the five-year period before filing a bankruptcy petition.

The letter states the urgency for action when it comes to the student loan debt crisis. This new guidance would bring consistency to the application of the undue-hardship standard.

Bankruptcy Law, Timothy Kingcade Posts

Prescription Costs Fuel Medical Debt and Rise in Bankruptcy Filings

Posted on May 30, 2014by Admin

Last year, the federal government reported that Americans had $41 billion in out-of-pocket costs associated with prescription drugs. Experts agree that those prescription drug costs will continue to play a key role in medical related debt and bankruptcies despite the expansion of insurance for millions under the Affordable Care Act.

Even though more people will be getting their medications covered by insurance, there is a growing trend in both the individual insurance market and the employer-provided insurance market toward having insured people pay an increasing share of medical costs, including their prescriptions.

For many Americans, their individual monthly premiums can total a couple hundred dollars a month, combined with annual deductibles ranging in the thousands, out-of-pocket expenses can add up quickly. Yet many people, particularly those with low incomes are unfamiliar with the myriad of health insurance plans that can play a role in how much they pay for their prescriptions. Their lack of knowledge increases the likelihood they will fall into the medical debt trap.

A report from NerdWallet last year found that medical debt was the single leading cause of bankruptcy in the U.S. and that 56 million Americans had problems paying their medical bills. A new report last week by the Consumer Financial Protection Bureau found that 52 percent of accounts sent to collections and placed on people’s credit reports stemmed from medical debt.

Related Resources: http://www.cnbc.com/id/101686432