Bankruptcy Law Archives - Page 98 of 128

Hiring the Right Bankruptcy Attorney

Posted on May 27, 2014by Admin

After struggling with unmanageable debt and harassing collection calls for too long, you have finally considered bankruptcy as an option. But what should you look for in a bankruptcy attorney? Do not simply choose your attorney from an advertisement. Filing for bankruptcy is a serious decision and should not be entered into lightly.

Make sure your bankruptcy attorney possesses the following qualities:

1. Experience matters. Do your research. Visit your state bar’s website and see how many years the attorney has been practicing bankruptcy law, how much of their business is devoted to this practice area and whether or not the attorney has been peer reviewed by Martindale-Hubbell. These types of credentials provide you with assurance that the attorney has practical knowledge and experience in the area of bankruptcy law.
2. Passion and professionalism. Find out why your attorney chose to practice in this area of law. Many lawyers find this work especially rewarding and this should be apparent in your initial consultation with the attorney. If you feel like “just another number” at the firm, keep looking.
3. They listen to you. For most people, filing for bankruptcy is oftentimes an emotional and sometimes painful process. You will not only want your attorney to have the proper credentials, but also be empathetic to your situation and take the time to listen and address all of your concerns throughout the process.
4. Cheaper is not always better. Would you have a medical procedure done by the cheapest doctor? Probably not. You would likely want the most experienced doctor. Take this same approach when it comes to hiring a bankruptcy attorney. Avoid ultra-low-cost bankruptcy mills that advertise heavily. These type firms usually have a small number of attorneys and a large number of legal assistants. If unforeseen problems arise in your case, you could be in trouble. There can be serious consequences for hiring the wrong attorney and it can cost you far more than what you thought you could save in the first place.
5. Discuss alternatives. Bankruptcy is not for everyone. A complete cancellation of eligible debts may not be the best option. An ethical attorney will present you with all of your options and help you determine whether bankruptcy is the right option for you.

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

The WRONG ways to eliminate Student Loan Debt

Posted on May 22, 2014by Admin

This month thousands of graduates will be tossing their caps in the air with the excitement and hope of a prosperous future. But upon entering the “real world,” many of these graduates will soon be faced with a monthly burden: student loan debt. For many graduates, the first dose of reality begins with the first job; a job they estimated would pay more when they were taking out their student loans.

Do not make these mistakes when it comes to paying off your student loan debt.

1. Not paying. Many borrowers have tried this tactic, which seems simple enough. The student loan lenders are hoping you will make this mistake. With penalties and interest accruing, this is simply making a bad situation worse. In addition, this approach will hurt you when you try to get a mortgage or even lease an apartment, as these student loan payments tend to be some of the first credit accounts new graduates have in their name.

2. Making payments with credit cards and then declaring bankruptcy. This approach will end up costing you big time. The rates on credit cards are much higher than those on student loans. Not to mention, the bankruptcy court will see right through this scheme and it is unlikely the debt will be discharged.

3. Using home equity to pay off student loans. For borrowers who have returned to school later in life and are homeowners, they may think that using the equity in their home will help them consolidate their student loans and lower their monthly payments. The drawback here is that most student loans have comparable interest rates to what banks are charging homeowners right now. You are not paying off debt, just trading it in for some new debt, which is tied to your home. You can also be putting your house on the line. Missing a student loan payment can result in a late fee, but missing several mortgage payments can put you at risk of foreclosure.

If you’re having trouble meeting your obligations on federal student loan debt there are options out there ranging from Income-Based Repayment and Pay as You Earn plans to Income-Contingent Repayment. There are ways to legitimately satisfy student loan 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 www.miamibankruptcy.com.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Sallie Mae Faces Nearly $200 Million in Penalties for Cheating Active Duty Troops

Posted on May 14, 2014by Admin

Sallie Mae and its former loan unit, Navient have struck a deal with federal authorities to resolve allegations that it cheated active duty troops and other borrowers who were being charged late fees.

According to the Consumer Financial Protection Bureau (CFPB), service members have complained that companies such as Sallie Mae and Navient have told them they could not receive protections under the law unless their loans were in forbearance or deferment.

Sallie Mae and Navient more than doubled to $173 million- the amount they have set aside to cover settlements resolving these allegations brought by the Federal Deposit Insurance Corp. (FDIC) and the Dept. of Justice. Navient has acknowledged the federal government’s investigation into allegations the company cheated active-duty troops in violation of the Service Members Civil Relief Act from November 28, 2005 to present day.

Under the Service Members Civil Relief Act, loan companies must reduce the interest rate on student loans to no more than 6 percent upon request by active duty troops. As of 2008, the law extended beyond private student loans to include federal student loans.

In addition, troops have told the CFPB that their servicers wrongly told them the 6 percent interest-rate cap expired annually, and they were required to submit additional paperwork to retain it. Others were discouraged from applying for the protections contained in the service members’ law, while some were mistakenly told that the benefits are only available to those in combat zones.

Furthermore, some service members told the CFPB that they were told to provide end dates for their tours on active duty, a requirement that is virtually impossible to meet, since officers in the armed forces are usually not told when their tours will end.

Rohit Chopra, the consumer bureau’s top student loan expert, told the Senate “that companies that fail to comply with the service members’ law may be cheating borrowers in other ways.”

A settlement resolving the service members’ allegations would need to be approved by the Education Department and require the companies to establish a $60 million fund to compensate troops for violating the service members’ law when it comes to student loans.

Click here to read more on this story.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Think Cash is King? Not according to a recent study

Posted on May 13, 2014by Admin

A new report from Bankrate shows credit card debt is on the rise. Nearly 8 out of 10 Americans carry less than $50 in cash on a daily basis and nearly 1 in 10 customers do not carry cash at all. This study comes at the same time the New York Federal Reserve is saying U.S. household debt rose by $129 billion in the first quarter, totaling $11.65 trillion.

Many agree that paying with cash makes consumers more conscious of their spending. We are quickly moving to an all-digital age, subject to hackers. But not everyone is seeing the death of paper money as a bad thing. A Chief Risk Strategist for Chapwood Funds says, “Carrying cash guarantees that you are losing money over time with interest and inflation.”

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Bankruptcy Law, Credit, Timothy Kingcade Posts

Seven Mistakes your Credit Card Company WANTS you to Make

Posted on May 9, 2014by Admin

1.) Letting your rewards or miles expire. Letting your credit card rewards points or miles expire is a common mistake. Make sure you read the fine print and know the rules of redemption or you could lose out big time.

2.) Paying only the minimum each month. You know you should pay more than the minimum and cut down on the interest you are paying for “borrowing” the balance. Thanks to the Credit CARD Act of 2009, your bill tells you how much it is going to cost you to pay off the balance over time.

3.) Paying late now and then. The credit card company wants you to pay, but doesn’t mind if you pay late. The credit card company can raise the interest rate on your new purchases as long as they give you 45 days’ notice. Not to mention the late fees of $29 to $39 you can incur.

4.) Ignore the mail. Not paying attention to your statement is a mistake the credit card companies hope you will make. These statements can contain valuable information such as fraudulent charges, which you will not have to pay- as long as you inform the credit card company right away- or notifications that your interest rate has increased.

5.) Using a balance transfer to rack up more debt. You transfer your outstanding balance to a card with a low or zero percent interest rate thinking you will save money. Shifting your debt around does not mean you are debt free. If you decide on a balance transfer, make sure you pay off your balance before the end of the promotional period and avoid adding additional charges to the card. Also be aware of balance transfer fees associated with these cards.

6.) Opting to go over your credit limit. Under the new law, if you do not opt in and you attempt to buy something that will put your balance over your credit limit, the transaction could be declined at checkout. If you opt in to this trap, it can cost you. You can face over-limit fees and higher interest rates on your credit card balances.

7.) Paying more fees than you earn in rewards. The goal is to maximize the rewards offered by your credit card company. If you do not travel, why sign up for an airline credit card? It is best to choose a card with no annual fee even if it has no rewards points program. Keep in mind, if you carry a balance even for one month beyond any promotional interest period, the interest you will pay can quickly diminish any rewards points you may have earned.

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Bankruptcy Law, Credit, Timothy Kingcade Posts

Actor Mekhi Phifer Files for Bankruptcy

Posted on May 7, 2014by Admin

Actor Mekhi Phifer has filed for bankruptcy, TMZ reports. The 39-year-old actor, best known for his role as Dr. Greg Pratt on NBC’s “ER” has racked up approximately $1.2 million in back taxes, $50,000 in lawyer fees and $4,500 in back child support, according to legal documents obtained by TMZ.

Legal documents reveal he spends around $11,600 in monthly expenses, but only brings in $7,500. In addition to his role on “ER,” from 2002-2008 he is also well known for his role opposite Eminem in the movie “8 Mile.”

According to TMZ, Mekhi’s list of assets include: a leather bed, a 12-year-old Segway (valued at $1,500) and a large collection of firearms.

Click here to read more on this story.

Bankruptcy Law, Credit, Foreclosures, Timothy Kingcade Posts

Top Five Home-Rescue Scams Revealed

Posted on May 5, 2014by Admin

A recent report, called “Foreclosure Rescue, Inc.” has documented the ongoing problems of fraudulent foreclosure rescue businesses and how these companies have plagued unsuspecting consumers following the housing crisis. The report by the Lawyers’ Committee for Civil Rights Under Law and the Loan Modification Scam Prevention Network says a database maintained by the committee has compiled more than 40,000 homeowner complaints since March 2010 from borrowers who say they have lost $90 million.

BEWARE of the following foreclosure-rescue scams:

1. Your modification is APPROVED! Send your payments to the following address… The homeowner is tricked into believing their lender has agreed to terms of a loan modification and is instructed to pay the “new” modified payment to the bogus company.

2. We volunteer all our hours with no payments. A purported non-profit agency contacts a homeowner, but after reviewing his or her mortgage sends the person to a law firm that the non-profit works with, which then begins collecting a fee.

3. You are eligible to join our lawsuit. Homeowners are told that they are eligible to join a lawsuit against their bank, but they have to pay an upfront fee and make monthly payments after that. The lawsuit is then never filed and the case goes nowhere.

4. Discount for military members and their families. Homeowners hesitant to pay for loan modification of foreclosure-rescue help are told they can use military discounts to get lower prices.

5. Pay us instead of your mortgage lender and we will protect you. Homeowners are told by the “foreclosure-rescue company” to make their mortgage payments to them and not their lender. Months later, they are blindsided by a foreclosure notice and out thousands of dollars.

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, Timothy Kingcade Posts

New Rules Bring Fairness to Debt Cases

Posted on May 2, 2014by Admin

A New York judge has proposed new filing requirements for debt collectors that will bring fairness to state consumer cases and put them in line with due process. Judge Jonathan Lippman says many debtors discover they have been sued only after their bank accounts are frozen or their wages are garnished. Others are never served a notice of a lawsuit and lose the case simply by default.

More than 100,000 consumer credit card lawsuits are filed in state courts annually, most from third party buyers of delinquent credit card debt. Some of this debt, which is referred to as “zombie” debt, is several years old. The new rules would be implemented by June 15th and are intended to stop default judgments based on what the judge refers to as “robosigned” affidavits, “containing few if any facts relating to the history of the debt at issue.”

Instead, plaintiff creditors would have to file detailed court affidavits identifying the specific content at issue, the credit agreement, the complete chain of debt ownership, an itemized list of the principle interest and other charges. Default judgments would be prohibited where notices are returned because of an unknown or wrong address.

Click here to read more on this story.

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.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Five Ways to Handle an Unexpected Medical Bill

Posted on May 1, 2014by Admin

If you are involved in an accident or suffer an unexpected illness, getting well and your recovery can be just part of the battle. According to a recent study done by Clear Point Credit Counseling Solutions and the Kaiser Foundation, 1 in 3 Americans report having difficulty paying their medical bills.

Medical debt can often lead to other financial problems. Some consumers are on the verge of foreclosure because they have opted to pay their medical bills instead of their mortgage, others are pulling from retirement accounts and facing tax consequences in order to cover medical debt.

Below are 5 tips to help you handle an unexpected medical bill.

1.) Negotiate. If you can afford to pay a portion of the bill, you may be able to negotiate with your medical provider to settle the debt for less than the amount owed. Make sure and get the terms of the settlement in writing and keep a copy for your records.

2.) Request a payment plan. Ask to be put on a payment plan. This is one of the cheapest ways to pay off the debt over time, without accruing any interest.

3.) Use credit with caution. If you have a low-interest or 0% interest credit card, you may want to charge your procedure and pay it off completely before the interest accrues. Beware of “medical credit cards.” Most of these cards carry very high interest rates and if you happen to miss a payment or do not pay off the balance in full by the time the no-interest promotional period ends, you could wind of paying interest on the entire balance, not just the amount you have remaining.

4.) Use a personal loan. This is often a more attractive option than a credit card and is better for your credit score than maxing out a credit card. Come up with a budget and know exactly how much you need to pay until the debt is paid off.

5.) Ask for help. If you are dealing with insurmountable medical debt, request a copy of the hospital’s financial assistance policy. If you are eligible, programs like this may be able to significantly reduce your bill. If your medical bills are so large that you cannot possibly pay them off and you have exhausted all other options, you may want to speak with 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

Student loans come with Unexpected Hardship for some Borrowers

Posted on April 29, 2014by Admin

For borrowers who take out private student loans, the death of a parent can come with an unexpected hardship. Even borrowers who have a perfect payment history can face sudden demand for payment in full or be forced into default if the co-signer of their student loan passes away. Many students who take out loans for college have minimal income or have yet to build up enough credit, so borrowing from banks and other private lenders often require a co-signer, usually a parent or other relative.

The problem arises from a little known provision in private loan contracts, which states: “If the co-signer dies or files for bankruptcy, the loan holder can demand complete repayment, even if the borrower’s payment record is spotless.” If the loan is not repaid, it is declared to be in default and can do damage to a borrower’s credit record that can take years to repair.

The Consumer Financial Protection Bureau said that after a co-signers death or bankruptcy, some borrowers are placed in default without ever receiving a demand of repayment. An increase in consumer complaints indicate this is becoming a common practice among certain banks and private lenders; some are even doing this automatically- combining public records of deaths and bankruptcies, comparing them to loan records and generating repayment demands and default notices.

A little known fact: Borrowers can have their loans released from the co-signer requirement if they have a few years of earnings and credit history, or have the loans transferred to a new co-signer. However, many borrowers are unaware of this because the loan companies make it difficult to exercise these options.

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