Credit Archives - Page 35 of 82 - Kingcade Garcia McMaken, P.A. Bankruptcy Attorneys

Bankruptcy Law, Credit, Debt Relief, Student Loans, Timothy Kingcade Posts

Parents Responsible for Nearly Every New Private Student Loan

Posted on July 11, 2016by Admin

Student loans are no longer just for students. New private student loans are requiring parents to sign on the dotted line as well. This change comes as lenders continue to strengthen the guidelines on underwriting requirements. Nearly every, or 94%, of private student loans distributed to undergraduates for the 2015-2016 academic year had more than one borrower responsible for the debt–not only the student but a co-signer, according to the report.

Five of the largest private student lenders distributed $6.46 billion in loans between July 2015 and March 2016, up 7% from the same period a year earlier–and the fifth consecutive year of increases, according to recent data from MeasureOne.

Cosigners are becoming more common with graduate school student loans as well. Nearly 61% of student loans dispersed for 2015-2016 had cosigners versus 57% the previous year. For lenders, cosigners increase the chance that the loan will be repaid, avoiding defaults. When the student borrower cannot make the payments, co-signers- usually the parents- have to pay up. Otherwise lenders can report both the student and co-signer of being late to the credit bureaus. That would lead to lower credit scores for both the student borrower and the cosigner, making it harder to obtain other types of financing.

Student loans are considered among the riskiest type of consumer loans, because it is difficult to determine whether borrowers will graduate or end up with a salary that is enough to repay the debt. In case you missed it, read our blog on the dangers of co-signing.

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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 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, Debt Relief, Timothy Kingcade Posts

Debt Collector on Trial for Targeting Financially-Struggling Consumers

Posted on July 7, 2016by Admin

A Georgia man who prosecutors say organized a scheme that victimized more than 6,000 consumers nationwide is set to go to trial. Prosecutors say John Williams spearheaded efforts to defraud at-risk consumers from 2009 to 2014 into paying approximately $4.1 million by misrepresenting the status of their debts and consequences of not paying. John Williams’ debt collection agency Williams, Scott & Associates LLC was shut down in 2014.

The trial comes when there is a time of heightened regulatory attention toward debt collection, which the Consumer Financial Protection Bureau (CFPB) considers the No. 1 most-complained about area of consumer financial services.

Debt collection firms, like the one in this case, purchase delinquent debts, oftentimes for pennies on the dollar, then attempt to collect the full amount the original lender claimed. These firms claim they are simply seeking recovery on a rightfully-owed debt. However, regulators say many of these firms engage in abusive tactics while targeting financially-struggling individuals.

Prosecutors at Williams, Scott & Associates contacted consumers and falsely referred to themselves as “detective” or “investigator,” claimed to be tied to government agencies and even threatened arrest.

Scripts employees read on the calls included legal-sounding language, like the “statute of limitations” on the consumers’ “civil legal rights” had expired, according to prosecutors. The six employees arrested with Williams have pleaded guilty. Williams has pleaded not guilty to the charge of conspiracy to commit wire fraud. He has been held without bail since his arrest and faces up to 20 years in prison.

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If you are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all 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, Debt Relief, Student Loans, Timothy Kingcade Posts

Even Death does not Meet Threshold for Student Loan Debt Forgiveness

Posted on July 6, 2016by Admin

Grief stricken after her son’s unsolved murder, a New Jersey mother faced an endless list of tasks- helping the police track down his killer, cancelling his credit cards, bank accounts, cell phone and planning a funeral.

And then there were his college student loans she co-signed.

When she called about his federal loans, an administrator offered condolences and assured her the balance would be written off. However, she received a far different response from a New Jersey state agency that had also lent her son money.

“Please accept our condolences on your loss,” explained a letter from the Higher Education Student Assistance Authority of New Jersey. “After careful consideration of the information you provided, the authority has determined that your request does not meet the threshold for loan forgiveness. Monthly bill statements will continue to be sent to you.”

These loans also carry higher interest rates than similar federal programs. Most significant, New Jersey’s loans come with a hurdle that even the most predatory for-profit players cannot avoid: the power of the state.

New Jersey can garnish wages, rescind state income tax refunds, revoke professional licenses, and even confiscate lottery winnings— all without having to get court approval.

Some consumer attorneys compare it to “state-sanctioned loan-sharking, a program that is set up so that you fail.”

Like many states, New Jersey administers a student loan program designed to help students further their education in order to be competitive in today’s workforce. Where New Jersey differs with other states is the degree of difficulty in getting out from under burdensome loan payments despite extreme poverty, illness and even death.

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Bankruptcy Law, Credit, Debt Relief, Student Loans, Timothy Kingcade Posts

Common Sense and Compassion enter the Student Loan Bankruptcy Arena

Posted on June 30, 2016by Admin

In the case, Nightingale v. North Carolina State Educational Assistance Authority, the debtor, Alice Nightingale, 67 years old, suffered from “intractable foot pain,” hypothyroidism, obstructive sleep apnea, and chronic fatigue, all of which had worsened over the course of her chapter 13 bankruptcy. The condition prevented her from engaging in employment and from taking part in many day-to-day activities.

She was granted full disability from her teaching job by the County School Board. In a hearing in October, 2015, the court found Ms. Nightingale had established the first and third prongs of the Brunner test with evidence that she had attempted to repay the student loan, that she was “elderly” and unlikely to find future employment and that she suffered from significant medical problems. Although Ms. Nightingale’s testimony concerning her medical disabilities was credible, the second prong of the Brunner test still needed to be satisfied.

Over the lender’s objection, the court held a second hearing in which Ms. Nightingale presented medical documents to corroborate her testimony, including letters to Ms. Nightingale’s attorney from two of her doctors, a medical report for disability eligibility, and a physician-provided list of Ms. Nightingale’s current medications.

The subsequent hearing specifically addressed the second prong of the Brunner test: whether there existed “additional, exceptional circumstances, strongly suggestive of continuing inability to repay [the debt] over an extended period of time.”

While the court agreed with the lender that Ms. Nightingale could have presented evidence of recent tests and evaluations, it found that it was not necessary that she “provide every possibly available piece of evidence that could further corroborate the unrebutted evidence in this case.”

The court concluded: “Taking into consideration the Plaintiff’s age, current living situation, inability to walk or stand for long periods of time, chronic fatigue, lack of stamina, lack of strength, diminished cognitive ability, and the likelihood that these conditions will all last for a significant period of her possible repayment period given her age and the duration of her illnesses, the Plaintiff has demonstrated that exceptional circumstances exist in this case and has met the second prong of the Brunner test.”

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Related Resources:

http://www.ncbrc.org/wp-content/uploads/Nightingale-Bankr-MD-NC-opinion-April-2016.pdf

Bankruptcy Law, Credit, Debt Relief, Student Loans, Timothy Kingcade Posts

Co-signing a loan puts more than your name on the line

Posted on June 29, 2016by Admin

Co-signing is an all too common practice, and gives you the opportunity to help another person. However, this responsibility comes with great risk, and little reward.

For example, you might co-sign for a car you never drive, a house you never live in or even a student loan for someone else’s college education. When you co-sign a loan, you essentially agree to repay the loan yourself.

A survey from CreditCards.com reveals the dangers of co-signing and why you SHOULD NOT do it.

28 percent of co-signers saw a drop in their credit scores because the primary borrower paid late or not at all.
38 percent of co-signers had to pay some or all of the loan payments because the primary person did not pay.
If your income is not high, you are more likely to be pulled into a co-signing nightmare. The survey found that 58 percent of co-signers who make less than $30,000 a year had to pay some or all of a credit card bill or loan they co-signed.
Most co-signing requests were for auto loans, followed by personal loans, student debt and then credit cards. About half of the people who co-signed were parents.

Here are some additional dangers of co-signing a loan.

You are not considered a backup borrower. You are equally responsible for the first payment to the last.
If the loan or credit card is not paid, the lender can start collection actions on you right away. Do not believe that lenders first go after the primary borrower and then the co-signer. Most likely, lenders will target “the person with the better potential to pay.”
If collection actions are pursued, you could end up paying late fees and even have your wages garnished.
Late payments and collection actions are reported on your credit report.
This may limit your ability to borrow because, as a co-signer, you are on the hook for the debt.
Even if the person you are co-signing for is responsible with money, you cannot predict what the future holds for his or her finances. What if the person becomes unemployed or unable to work?

As one consumer wrote, “I have told more than one relative that while I can guarantee their willingness to pay, I cannot guarantee their health or employment.”

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Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Donald Trump’s Companies have Declared Bankruptcy not once- but SIX times

Posted on June 28, 2016by Admin

Hillary Clinton recently mocked Donald Trump’s business failings in a speech and stressed to the public how disastrous he would be for our nation’s economy if he were to become President.

“He’s written a lot of books about business. They all seem to end at Chapter 11,” Clinton said.

Here they are one by one.

Bankruptcy No. 1: The Trump Taj Mahal, 1991

Trump funded the construction of the $1 billion Trump Taj Mahal casino in Atlantic City, N.J., which opened in 1990. A year later, the casino was nearly $3 billion in debt, while Trump had accumulated nearly $900 million in personal liabilities. It was at that time Trump decided to file for Chapter 11 reorganization, according to the New York Times. Trump surrendered half his personal stake in the casino and sold his yacht and airline.

Bankruptcy No. 2: Trump Castle, 1992

Within a year of his first Chapter 11 filing, Trump found himself in bankruptcy court again for Trump Castle, which opened in 1985. In March 1992, the Castle filed a prepackaged bankruptcy plan, and Trump gave up his 50 percent share in the casino for lower interest rates on $338 million worth of bonds.

Bankruptcy No. 3: Trump Plaza and Casino, 1992

The Trump Plaza Hotel and Casino in Atlantic City, which opened in 1984, declared bankruptcy at the same time as the Castle. The casino had racked up $250 million in debt by 1992, after an 80 percent decline in cash flow. Trump Plaza filed for bankruptcy that spring as well.

Bankruptcy No. 4: Plaza Hotel, 1992

That same year, Trump filed bankruptcy on another Plaza in New York. Trump purchased the Plaza Hotel in Midtown Manhattan for $390 million in 1988, but it accumulated more than $550 million in debt by 1992. In December 1992, Trump forfeited a 49 percent stake in the Plaza to a total of six lenders. Trump remained the hotel’s CEO, but did not earn a salary and had no say in the hotel’s day-to-day operations, according to the New York Times.

Bankruptcy No. 5: Trump Hotels and Casinos Resorts, 2004

Trump Hotels and Casinos Resorts filed for bankruptcy again in 2004 when his casinos, including the Trump Taj Mahal, Trump Marina and Trump Plaza casinos in Atlantic City, and a riverboat casino in Indiana, had accrued an estimated $1.8 billion in debt. Trump agreed to reduce his share in the company from 47 percent to 27 percent in a restructuring plan, but he was still the company’s largest single shareholder and remained in charge of its operations.

Bankruptcy No. 6: Trump Entertainment Resorts, 2009

Trump Entertainment Resorts (formerly Trump Hotels and Casinos Resorts) was hit hard by the 2008 economic recession and missed a $53.1 million bond interest payment in December 2008, according to ABC News. It filed for Chapter 11 bankruptcy in February 2009. After debating with the company’s board of directors, Trump resigned as the company’s chairman and had his corporate stake in the company reduced to 10 percent.

Trump has filed for Chapter 11 bankruptcy, four times within two years in the 1990s, once more in 2004 and once more in 2009. But experts agree Trump should not bear all of the responsibility, as Clinton’s speech suggests, as the majority of bankruptcies happened as the overall casino industry struggled.

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Bankruptcy Law, Credit, Debt Relief, Student Loans, Timothy Kingcade Posts

Shady College Practices could Erase Student Loan Debt

Posted on June 22, 2016by Admin

Proposed federal legislation will now make it easier for student borrowers, who have been cheated or misled by their college or university, to have their student loan debt forgiven.

The proposed rule changes announced last week by the U.S. Department of Education are part of an ongoing crackdown on the alleged abuses by for-profit colleges and universities.

Major provisions of the proposed debt-relief rule include:

An easier way to seek relief from federal student loans when a college has committed wrongdoing. The current “defense to repayment” process is complicated and subject to different rules depending on the state. It went largely unused until the collapse of Corinthian Colleges in 2015. As of today, more than 23,000 claims for student loan debt forgiveness have been filed, and the government has wiped out more than $42 million in debt for more than 2,000 borrowers so far.
Allowing group applications for debt relief in cases where there is school-wide wrongdoing. Currently, each student is required to file individually.
Requiring schools to warn current and prospective students if former students have poor loan repayment rates.
Doing more, sooner, to inform students whose schools have closed that they may qualify to have their loans forgiven.
Completely banning school agreements under which students sign away their right to sue schools and agree to participate in an arbitration process instead of notifying regulators about problems.
Requiring schools at financial risk to set aside funds, via irrevocable letters of credit, to cover the cost in case students eventually are due debt relief because the school fails to keep its promises to students. Conditions are set that would trigger the requirement (i.e. – a government entity filing a major suit against the school or the school relying too heavily on federal student loans.) Schools that activate these so called, “triggers” would be required to warn current and prospective students that they are at financial risk. Currently, when schools declare bankruptcy, taxpayers are responsible for the forgiven loans.

U.S. Education Secretary John King said, “These rules should make schools think twice,” about misleading students or engaging in risky enrollments.

U.S. Sen. Sherrod Brown, D-Ohio, praised the proposed rule, which is subject to a 45-day comment period, as “a victory for students.” These protections will stop for-profit colleges from using fine print to deny students their right to a day in court.

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Bankruptcy Law, Credit, Debt Relief, Student Loans, Timothy Kingcade Posts

More Attorneys Push for Bankruptcy to Cover Student Loan Debt

Posted on June 20, 2016by Admin

St. Cloud lawyer, Wesley Scott is outraged about the mounting debts student loan borrowers are facing. The bankruptcy attorney has written at least four times to U.S. senators from Minnesota about the issue. Specifically, he wants Senators Amy Klobuchar and Al Franken to help change Chapter 13 bankruptcy rules to make student loan debt dischargeable, as with other debts in bankruptcy.

Graduates of four-year post secondary programs in Minnesota faced an average debt load of $32,000 in 2014. That number was $21,000 in 2005, according to The Institute for College Access & Success.

The bankruptcy code used to be more lenient, allowing people to discharge their student loan debt. It still does, but the deck is stacked against borrowers and it’s something that rarely happens. Debtors must show an undue hardship in court.

Bankruptcy lawyer Scott is proposing one other change to the law, an “at least” option, which would allow debtors going through Chapter 13 proceedings to make payments on their student loans designating them as a priority debt.

Under the current Chapter 13 provisions, people in bankruptcy need to first eliminate debts such as unpaid child support, taxes and mortgages. Debts from student loans, medical bills and credit cards are paid at the end.

In an emailed statement, Franken said student loan debt should be eligible for discharge in bankruptcy, but, “it’s clear we need to address this problem on several fronts.” The senator said he has introduced a bill that would allow people to discharge private student loan debt, one to address tuition costs and another allowing students to refinance their debt.

Also in an emailed statement, Klobuchar said she is supporting a bill that would allow refinancing and one that would strengthen the federal Pell Grant program, which provides payments- not loans, to students.

The total value of outstanding federal student loans was about $1.2 trillion in the first quarter of 2016, up more than 130 percent from $516 billion in 2007. From July 2006 to June 2015, interest rates for federal loans ranged from 3.4 to 8.5 percent. They now fall between 4.3 and 6.8 percent.

Those figures are affecting about 42 million Americans with federal loans, not including private student loans. With no relief in bankruptcy, some people are turning to other options.

A woman with approximately $70,000 in student loan debt went to visit a St. Cloud bankruptcy attorney with her husband. But after leaving the attorney’s office, the couple went upstairs to a divorce lawyer. It was not because they didn’t love each other anymore, the woman had to be single to qualify for an income-based repayment plan. That’s the only way they could survive.

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Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Credit Card Borrowing Surges in U.S. – More defaults to come?

Posted on June 16, 2016by Admin

The U.S. economy is growing steadily, but credit card lending is growing double that- rising more than 5% over a year earlier and accelerated to 6% in March and April, according to Federal Reserve data.

This is the fastest credit card debt has grown since card lending declined during the 2009 recession. Since Americans are not earning much more since that time- will delinquencies, charge-offs and bankruptcies begin to rise in another year or two?

Bad mortgages were at low levels in the mid-2000s, after numerous new loans were made, but before they had a chance to default, making loss measures a poor indicator of the 2008-09 credit crisis. Loan-loss rates measure the highest, not when bad loans are made, but when the loans stop getting paid. This can take a year or two from the time the bills are accrued.

Loan losses can be masked by aggressive new lending, and exaggerated at banks that stop making new loans, allowing loss rates to mount. The most aggressive and fastest growing major card lenders include Capital One, Synchrony (formerly General Electric Finance), and Wells Fargo. Citi, Chase and other bigger lenders are expanding less aggressively.

For the nine dominant U.S. credit card banks, which control 70% of the Visa-MasterCard-American Express-Discover-Chinapay market in the U.S., average charge-offs in early 2016 were 3.13% of annualized average loans.

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Bankruptcy Law, Credit, Debt Relief, Foreclosures, Timothy Kingcade Posts

Miami Bankruptcy Attorney Timothy S. Kingcade Selected for Inclusion in Florida Super Lawyers 2016

Posted on June 14, 2016by Admin

Managing Shareholder, Timothy S. Kingcade of the Miami-based bankruptcy and foreclosure defense law firm of Kingcade & Garcia, P.A. has been recognized in the area of consumer bankruptcy law in Florida Super Lawyers Magazine. This is the third year in a row Mr. Kingcade has been selected to the Florida Super Lawyers list. The prestigious honor is awarded to only five percent of lawyers in the state.

“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 of 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 for the financially disenfranchised. 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.