Debt Relief Archives - Page 82 of 86

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

Read these 4 Tips before you start making your Student Loan Payments

Posted on November 2, 2015by Admin

Recent college graduates are in for a rude awakening. The grace period extended to them upon graduation is about to expire- meaning those students who took out student loans will have to start paying up. Here are some tips you should know before making your first payment.

Depending on your financial situation after graduation, you may want to opt for a repayment plan that fits your circumstance. If you find yourself unable to make the minimum monthly payments on your loan- you have options. You can opt for income-based repayments (your maximum payment will be 15% of your discretionary income), an extended repayment plan (stretches your payment period out past the 10-year standard) or an income-sensitive repayment plan (your monthly payment is based on your annual income. Payments change as your income changes).
Know when you will have to start making payments. In most cases, student loan payments become due six months after graduation. However with some loans, like the federal Direct PLUS loans, payment becomes due the day after the final disbursement is made and private student student loans can have varying grace periods. Knowing when you need to start making those payments will help you get a head start on saving and get the repayment process off on the right foot.
The consequences of late or missed payments. Failing to make timely payments on your student loans will hurt your credit score. If you have trouble remembering due dates or simply have too many bills to keep track of, it may be a good idea to set your student loan payments up on auto pay. Adjust your budget accordingly to account for the monthly deduction.
Set a realistic budget. Tracking expenses and weighing them against your current income will determine how much you will be able to comfortably put towards an apartment, new car, groceries, eating out, and other expenditures. A well-constructed budget could mean the difference between paying off your loans in 10 years, instead of 20.

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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 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, Debt Relief, Student Loans, Timothy Kingcade Posts

Paying off Student Loan Debt is about to get easier for 5 Million Borrowers

Posted on October 30, 2015by Admin

The Obama administration has rolled out two new provisions that will give 5 million more college graduates the ability to enroll in income-based repayment plans and make it harder for schools to force students to use prepaid debit cards.

Here’s how it works…

More students can apply for income-based repayment plans.

The Education Department officially unveiled its long-awaited expansion of the income-based repayment program, Pay As You Earn (PAYE), which nearly four million federal direct loan borrowers are currently enrolled. The new plan, which takes effect this December, is called REPAYE (the “RE” stands for “revised”) and will allow 5 million more federal student loan borrowers to enroll.

The new plan accomplishes this by allowing borrowers to sign up regardless of when they borrowed their loans or their debt-to-income ratio. The existing PAYE model is only available to people who borrowed after 2007 and whose debt greatly outweighs their income. Those enrolled in the REPAYE plan can have their payments capped at 10% of their income. Allowing the additional 5 million borrowers to qualify for the program will cost the federal government an estimated $15.4 billion over the next 10 years.

No more deceitful debit card agreements.

The government has been trying to crack down on prepaid debit cards on college campuses. Thanks to the 2009 CARD Act, which stops banks from marketing credit cards on campuses, college credit card agreements have dropped by more than half between 2009 and 2013.

To get around this, the banks shifted their focus from credit cards to prepaid debit cards. Today, 40% of students attend schools that have agreements with banks to market student debit and prepaid cards on campus, according to a report by the Government Accountability Office. These cards are known to come with high overdraft fees and other hidden fees.

The new Department of Education rule requires schools to allow students to choose how to receive their student aid refunds. They can no longer be forced or urged to open a certain kind of account to get that money. The rule says schools have to make sure fees are not “excessive and confusing.”

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

Discharging Student Loans in Bankruptcy May Soon Become Easier

Posted on October 26, 2015by Admin

A report by the Department of Education has identified solutions it believes will lead to better outcomes for those struggling with student loan debt. The biggest relief being extended to borrowers is the ability to discharge private student loans in bankruptcy. The Obama administration’s proposal will also extend enhanced borrower protections found in federal loans to private loans.

It seems the Department of Education is ready to strike a balance between collecting on their loans and removing unreasonable hardships on struggling borrowers. “Other types of consumer debt – mortgages, credit cards and auto loans – are dischargeable in bankruptcy, and student loans shouldn’t be an exception,” said Under Secretary of Education, Ted Mitchell.

“We feel strongly that while there are protections built into the (Federal) Direct Loan program that are important for borrowers, there aren’t parallel protections for borrowers in the private student loan market,” Mitchell said. “We think it’s important to do what we can to create those protections, and we think starting with a (new) bankruptcy provision is the way to go.”

The Department of Education is also reconsidering what constitutes as “undue hardship,” which could also affect Federal student loans. Currently, undue hardship is the only out for borrowers trying to get their student loans discharged in bankruptcy. Earlier this year, the Obama administration indicated that it would broaden the definition to increase the likelihood of more discharges.

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

Bankruptcy Case Could Unchain Americans from Student Loan Debt

Posted on October 23, 2015by Admin

An unemployed 65-year-old man, acting as his own attorney, has spent three years appealing his way to the Boston federal court that is now hearing his case. Not only will a win relieve him of hundreds of thousands of dollars in student loan debt, the verdict could fundamentally change the way U.S. bankruptcy courts handle borrowers who cannot repay their student loans.

While most consumer debt is discharged in bankruptcy, federal rules make it nearly impossible for borrowers to eliminate their student loan debt. In the 1970’s, Congress added new rules to the law that excluded most student debt from that relief. Anyone trying to discharge student loan debt in bankruptcy must prove that repaying it would constitute an “undue hardship.” However, lawmakers never defined an undue hardship, so it is left to the courts to determine just how destitute a borrower needs to be to qualify for relief.

The appeal seems to have prompted the First Circuit Court of Appeals to reconsider the definition of hardship. A judgment in favor of the debtor could have a significant impact on other courts, which have not looked at this issue in some time. This case could mark the first time a federal court weighs in on modifying the standards in a decade.

Federal student loan debt stands at $1.2 trillion, making it the largest source of consumer debt outside of mortgages. This figure is expected to double in the next 10 years, with the rising costs of higher education. Some 7.5 million student debtors are severely behind in paying the government back.

From 2001 through 2007, the debtor in this case took out several Parent PLUS student loans (federal debt parents can use to finance their kids’ education) to send his three children to college. After accruing interest, the total debt ballooned to $246,500. In 2002, he lost his job as president of a manufacturing company when it closed its doors to move overseas.

He has been unable to find work in the last 13 years, he said, because he is viewed as too old for executive positions and overqualified for lower-level jobs. He lives on the salary his wife makes as a teacher’s aide, less than $15,000 in annual income. Their retirement savings has been drained and their house just went into foreclosure. Even if he were able to find a job paying $50,000 per year until he turned 77, he calculated, the balance of his loans would still grow to $500,000.

Consumer advocates agree, most of debt that could be discharged in bankruptcy is not collectible because the bankrupt borrower cannot pay it back. The idea of bankruptcy is to give consumers relief from overwhelming debt and a fresh financial start. If a debtor is never going to be able to repay their debts, why are we not giving them relief?

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Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Obama Administration asks Congress to grant bankruptcy protection to Puerto Rico

Posted on October 22, 2015by Admin

The Obama administration has asked Congress to grant bankruptcy protection to Puerto Rico in an attempt to restructure its $72 billion debt. The proposal would allow Puerto Rico and other territories to seek financial restructuring under the supervision of a federal bankruptcy court.

The administration went a step further by asking for new oversight of Puerto Rico’s finances, restructuring the territories Medicaid funding system and extending the earned income tax credit to Puerto Rican taxpayers.

“The administration has no plans to provide a bailout to Puerto Rico,” White House press secretary Josh Earnest said.

“What we have said is that the administration has an interest in working with officials inside Puerto Rico to help them deal with the significant financial challenges that are facing the government there,” he continued.

Governor Alejandro Garcia Padilla has been trying to slash expenditures and restructure Puerto Rico’s debt since taking office three years ago. However, in July he was forced to announce that it was not enough and the government would begin defaulting on its massive debt.

The inability to repay that debt is a big threat to American investors, who may not realize how much money they have tied up in the island’s economy.

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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 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, Debt Relief, Timothy Kingcade Posts

Bankruptcy Reform Ten Years Later

Posted on October 21, 2015by Admin

The Bankruptcy Abuse and Consumer Protection Act became law on October 17, 2005. This legislation was prompted in part by a spike in personal bankruptcy filings and was an effort by Congress to reduce the misuse of the bankruptcy system. Congressional supporters of the law worried that abuse of the bankruptcy laws would unfairly increase costs for non-bankrupt consumers.

Ten years later, it is questionable as to whether the reform law actually achieved its goals. The number of bankruptcy filings has dramatically declined since 2005, from almost 1.7 million to 920,000 in 2014, despite the Great Recession of 2008.

The “means test,” which measures a prospective bankruptcy filer’s ability to repay their debts along with other substantial changes to the bankruptcy code has decreased the number of “opportunistic” bankruptcy filings, but has also made filing for bankruptcy more difficult for consumers.

The requirement that prospective debtors must undergo credit counseling prior to filing for bankruptcy has had a positive impact. According to the Department of Justice, there are at least 140 nonprofit agencies approved by the government to provide pre-bankruptcy counseling. There are an additional 220 nonprofit entities approved to provide education for consumers while in the process of filing for bankruptcy.

These agencies are screened to make sure debtors are receiving valuable advice, free from scammers who prey on consumers in financial distress. These resources also provide consumers with valuable financial tools to help them avoid having to file for bankruptcy, again.

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, Debt Relief, Foreclosures, Timothy Kingcade Posts

Homeowners get Foreclosure Dismissed; Could Own Home Free and Clear

Posted on October 20, 2015by Admin

A New York judge recently dismissed a foreclosure case against a mother and daughter, ruling that the bank missed New York’s six-year deadline to file its lawsuit. The decision could mean mortgage payments disappear and the two own their home free and clear, more than eight years after their lender foreclosed on them.

State Supreme Court Justice William Rebolini decided in favor of the family, writing that U.S. Bank National Association was “untimely” in suing last year to take back the home. In May 2006, the family took out a $250,000 mortgage to fund home repairs, but shortly after one of the relatives left the home and the owner underwent two difficult surgeries. As a result, payments were missed.

The owner and her daughter applied for loan modifications four times, but lenders who bought and sold the loan denied their requests. A lender that previously held the mortgage sued to foreclose in March 2007, demanding the entire mortgage balance due. By calling in the loan, the clock started ticking on New York’s six-year statute of limitations for such lawsuits.

The lender could have used a legal tactic to stop the six-year clock, but failed to do so. In this case and others like it, the statue of limitations exists for a reason and there is an obligation on the part of the lender to bring the action on a timely basis. This seems to be a growing trend, as a number of homeowners in New York are asking judges to dismiss foreclosure cases because the statute of limitations has expired. Banks can avoid getting themselves in this situation by giving homeowners a loan modification, helping them cure their default.

In Florida, some courts have ruled lenders cannot bring foreclosures if certain criteria are met: the lender already filed for foreclosure, demanded payment of all the money borrowed, and lost its foreclosure case. If it fails to file another action within five years of the first lawsuit, the lender can no longer foreclosure and evict the residents, some courts have ruled.

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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, Debt Relief, Foreclosures, Timothy Kingcade Posts

Precedent Overturned to Award Debtor Fees

Posted on October 19, 2015by Admin

The Ninth Circuit recently overturned precedent allowing for attorney’s fees in a debtor’s prosecution of a creditor, after the creditor violated an automatic stay. The case transpired after a woman filed a lawsuit against Wells Fargo subsidiary America’s Servicing Company in 2009 after it sold her home at a trustee’s sale, despite the fact that a stay had been entered in a Nevada bankruptcy court.

After the bankruptcy court found the company willful in its intent, it granted the woman $80,000 in sanctions and damages – including $20,000 in attorney’s fees. America’s Servicing argued on appeal that the bankruptcy court had improperly included the attorney’s fees with the “actual damages” awarded, and a federal judge reversed that portion of the award.

The woman then sought an additional $10,000 in attorney’s fees for her defense of the company’s appeal. The bankruptcy court denied this, finding that the fees did not constitute “actual damages” because the stay violation had ended before she had to challenge the appeal. But the Bankruptcy Appellate Panel reversed the decision and granted the fees, and the Ninth Circuit upheld the panel’s judgment.

In a 20-page opinion, Circuit Judge Paul Watford wrote that a crucial precedent case is Sternberg v. Johnston, in which the circuit held that the statute at issue allows a debtor to recover only those fees incurred to end the stay violation itself, not the fees incurred to prosecute a damages action.

But Watford pointed out that Sternberg “misconstrued the plain meaning” of the statute, and the circuit overruled the case to the extent that it was inconsistent with its opinion.”Rather than decide whether Sternberg‘s holding extends to the facts of this case, we think the better course is to jettison Sternberg‘s erroneous interpretation of [the statute] altogether,” he said.

Watford said that Congress’s inclusion of the automatic stay provision “strengthened the remedies previously available to debtors injured by willful stay violations,” and it “makes an award of actual damages and attorney’s fees mandatory, and grants bankruptcy courts the discretion to impose punitive damages in appropriate cases.”

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Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Reality TV star Indicted on Bankruptcy Charges

Posted on October 16, 2015by Admin

A federal grand jury has indicted “Dance Moms” star Abigale “Abby” Lee Miller, 50, on 20 counts of bankruptcy fraud. The indictment alleged she concealed about $755,000 in assets and made false bankruptcy claims. If guilty, Miller could be sentenced to five years in prison for each count.

According to the indictment, Federal bankruptcy judge Thomas Agresti was ready to approve Miller’s Chapter 11 voluntary bankruptcy reorganization when he suddenly ordered a new hearing that required Miller to fully disclose her income and contracts.

The new hearing was prompted after he was channel surfing one night and saw ads for Miller’s upcoming, “Ultimate Dance Competition,” “The Maniac is Back,” and her appearance on “American Idol.” If it weren’t for the judge seeing the commercials, he said he would have never known about the contracts and additional income.

Miller is going to have to do some fancy footwork to get out of this one. Lying to a federal bankruptcy judge is a crime, which undermines a process that is designed to give honest, hardworking individuals who are overwhelmed by debt, a fresh financial start.

When Miller filed for voluntary bankruptcy reorganization, she listed about $325,000 in assets — mostly consisting of her dance studio in Penn Hills and a house in Davenport, FL— and listed about $356,000 in debts. But according to prosecutors, she hid more than $755,000 in income from her reality TV show, “Dance Moms,” several TV spin-offs and her merchandise and apparel sales.

Miller’s biggest debts were the mortgages on the two buildings, a $5,400 credit card debt and unpaid property and other taxes, according to court records. While she owed money to several vendors, the debt amounts owed were all less than the credit card debt.

During the three years of the bankruptcy proceeding, Miller was supposed to deposit her income into a special account and report that income to the court. Instead, she set up separate bank accounts and funneled her income from the TV show and other ventures into those accounts, prosecutors said.

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Credit, Debt Relief, Foreclosures

The Fight Continues to Change the Federal Govt. Policy on Sales of Distressed Loans

Posted on October 15, 2015by Admin

Senator Elizabeth Warren, Democrat of Massachusetts has joined other lawmakers and advocates in the fight to change the federal government’s policy of selling distressed mortgages at a discount to private equity firms and hedge funds. The senator has called on the Department of Housing and Urban Development and the Federal Housing Finance Agency (that oversees Freddie Mac and Fannie Mae) to make it easier for nonprofit organizations to bid for bundles of distressed mortgages put up at auction.

The sale of these distressed mortgages by HUD has come under increased scrutiny recently as critics are concerned that private buyers of distressed mortgages are moving quickly to foreclose on borrowers, instead of modifying the loan terms. Oftentimes, the investors are purchasing the loans at a discount of up to 30 percent.

Ms. Warren has accused HUD and the F.H.F.A. of “lining up with the Wall Street speculators.” “Wall Street is interested in profits, not in working out a way for people to stay in their homes,” she continued.

In a blog posted last week, we discussed the disadvantages of these private equity firms’ practices in dealing with delinquent borrowers. One of the biggest buyers of distressed mortgages is Lone Star Funds, a $60 billion private equity firm. Housing advocates say that in addition to the rally with elected officials, they plan to protest outside Lone Star’s offices in Washington.

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