Debt Relief

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

Homeowners in Foreclosure Receive Firm Ruling from Judges

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Florida homeowners have been served a clear message from both West Palm Beach and Tampa Bankruptcy Judges. Chief Judge Paul Hyman, Jr. in the Southern District of Florida and Judge Michael Williamson in the Middle District of Florida have ruled that struggling homeowners should not be allowed to fight a foreclosure on their home after surrendering it in bankruptcy. This means that homeowners must decide whether they will surrender their property in bankruptcy or save it from foreclosure.

In the judge’s eyes, a bankruptcy allows debtors a clean slate and a chance to start over, not the opportunity for a leg up on creditors in other courts. For these judges, they will not tolerate such “inconsistent positions in federal and state courts.” If homeowners who have surrendered their property to bankruptcy continue to fight state courts to save their homes from foreclosure, they will face harsh penalties.  This puts struggling homeowners at a considerable disadvantage.

Many disagree with the judges’ views, stating that debtors who surrender their property to the bankruptcy courts should not have to surrender their home to creditors. The basis for this argument is that there is a strong distinction between the two. However, for Hyman and Williamson, surrender means relinquishing property to “make it available to the secured creditor by refraining from taking any overt act that impedes” foreclosure.

Oftentimes, a bankruptcy will allow a debtor to liquidate their property and use the funds to repay creditors. Underwater mortgages or homes facing foreclosure are often deemed abandoned and it reverts back to the homeowner. Now, with the new case law, lenders receive control of the surrendered property instead of the trustees. This gives lenders the ability to enter bankruptcy court and benefit from homeowner foreclosures.

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.

Source:

http://www.dailybusinessreview.com/home/id=1202733488406/Bankruptcy-Judges-Clamp-Down-on-Homeowners-in-Foreclosure?mcode=1202617073880&curindex=0&slreturn=20150703180236

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Former NBA star Antoine Walker Uses His Bankruptcy Expereince to Help Others

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Former NBA basketball star, Antoine Walker went from earning more than $108 million during his career to filing for bankruptcy, just two years after retirement. The former Miami Heat superstar believed his financial future was ensured; however, he learned otherwise after making a series of poor financial decisions. Now he hopes to help others avoid going down the same path he did.

Walker had gained early success, winning the NCAA basketball championship before he reached his twenties. After being drafted to play for the Boston Celtics 1996, Walker rose to basketball stardom. The three-time All-Star team winner and 2006 top pro player for the Miami Heat suddenly became a wealthy professional athlete, collecting over $108 million during his career.

Like many other young sports stars, Walker equated instant wealth to instant luxury.  Instead of thinking about the future, he bought fancy cars, lavish jewelry and expensive homes. Walker also helped an estimated 30 close friends and family members move to “better situations.”  He referred to it as an “open ATM throughout his career.”

In 2010, Walker filed for a Chapter 7 bankruptcy.  “I thought I was set for the rest of my life,” he stated in a CNN Money interview. “My story is sad. It’s sad to see other guys work so hard throughout their life — and then they just lose it in two or three years.”

Today, the 38-year-old is working to steer young athletes away from making the same mistakes. Teaming up with former NFL linebacker Bart Scott and Morgan Stanley Global Sports & Entertainment, Walker is sharing his life lessons with today’s young players. As Walker and Scott speak to younger athletes about these “real-life parables,” they hope to provide guidance for new generations.

Now out of bankruptcy, Walker is devoted to educating future sports stars to be financially smart. The upcoming documentary “Gone in an Instant,” focuses on his personal boom-to-bust tale. Walker’s best advice to young athletes is to get used to using the word “no” when dealing with friends and family, and focus on building for the future instead of the here and now.

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.

 

Source:

http://www.clickorlando.com/news/money/exnba-star-went-from-108-million-to-bankruptcy/34333450

 

Bankruptcy Law, Debt Relief, Timothy Kingcade Posts

Protect Yourself: Top Unlawful Tactics Debt Collectors May Try Use Against You

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Dealing with debt is difficult enough without having to be harassed by insistent debt collectors. Unfortunately, many of the strategies used by collection agencies are illegal. According to the Federal Trade Commission (FTC), an estimated 30 million Americans have accounts in collection. Consumers should be aware of the scheming tactics collection agencies may use because your rights are being violated.

In recent years, the FTC has targeted collection agencies that practice unlawful strategies in order to collect debt. Several lawsuits have been filed against the companies for violating the Fair Debt Collection Practices Act. This federal law was created to protect your rights, by preventing third-party debt collection agencies from harassment, threats, unwanted contact and disclosure of your personal information to others.

The following is a list of the most common unlawful tactics used by debt collectors:

• Dishonesty. Collection agencies are not allowed to tell a consumer that they will be arrested or face other false consequences, if they do not pay immediately.

• False Representation. It is illegal for debtors to pose as a government agent or law enforcement official, in order to collect a payment.

• Threats. Collection agencies cannot threaten violence against you. They also cannot threaten a lawsuit if they are not truly filing one.

• Illicit Disclosure. It is prohibited for debtors to share or divulge any of your personal information about your debts to friends, family, co-workers or otherwise.

• Inopportune Contact. Collection agencies may only contact you between the hours of 8 a.m. and 9 p.m., local time. Contact outside of this time frame is harassment.

• Indecency. By law, debtors must treat you with respect and professionalism. Use of profanity and obscenities is strictly prohibited.

• False Documentation. Collection agencies may not forward any kind of documentation resembling an official government notification to you. Pretending to work with a government agency is illegal.

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.

Source:
http://www.cbsnews.com/news/7-things-debt-collectors-arent-allowed-to-do/

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

How Puerto Rico’s Bankruptcy Crisis Could Affect Florida

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Puerto Rico’s recent financial crisis has sparked a heated debate among Congress. More than $72 billion in debt, the island territory is ready to declare bankruptcy. However, our nation’s bankruptcy code currently does not allow Puerto Rico access to do so. In a recent statement, Puerto Rico’s governor Garcia Padilla stated that the commonwealth’s debt is far too much for them to handle and now Congress is under pressure to make a decision.

Lawmakers have been considering whether they should implement a legislative solution to allow Puerto Rico to declare bankruptcy. If Congress passes a new law to remedy this, advocates believe it will finally resolve a technical oversight from a 1984 update to the nation’s bankruptcy law. Apparently the update inadvertently excluded Puerto Rico. Since the law says nothing about Puerto Rico, it is currently unable to receive aid. Even though Puerto Rico is supposed to have the same ability as the states, lawmakers called it an “error.”

Puerto Rico’s Resident Commissioner Pedro Pierluisi (D), is working to build support for legislation, as well as Senators Chuck Schumer (D-N.Y.) and Richard Blumenthal (D-Conn.), who are also working to build support for similar legislation in the Senate. Former Florida Governor Jeb Bush (R) expressed support for the bankruptcy proposal when he visited Puerto Rico in April. Hillary Clinton also expressed her support for allowing Puerto Rico to declare bankruptcy. At this time, the path ahead is unclear but Pierluisi states that he hopes to see the bill move before Sept. 1, 2015.

Meanwhile, many investors oppose the possible change, fearing that they too might go bankrupt if the law does pass. Skeptics say that the law would put billions of investors’ dollars at risk across the country. Even with a granted bankruptcy, many feel this will not solve all of Puerto Rico’s financial problems. Puerto Rico’s financial troubles have been long standing, since the territory was hit hard by the global financial collapse of 2007. Since then, many Puerto Ricans have moved to the U.S. mainland, namely Florida, to seek better opportunities.

More than 2 million Puerto Ricans reside in Florida. These numbers continue to grow as Puerto Rico looses approximately 1% of its population every year as thousands migrate to Florida’s more robust economy. South Florida is one of Puerto Rico’s largest trade partners. As a result, millions of Puerto Ricans living and working in Florida are an important part of the economy on the island. Unfortunately, if Puerto Rico defaults, Florida’s economy will certainly be affected.

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.

Sources:

http://thehill.com/policy/finance/246820-puerto-rican-debt-crisis-hits-congress

http://www.miaminewtimes.com/news/puerto-rico-is-broke-what-you-need-to-know-about-looming-bankruptcy-7718094

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

Bankruptcy’s “Undue Hardship” Requirement Increasingly Difficult for Students to Meet

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For many consumers, student loan debt has become a major financial burden. When it becomes too difficult to afford basic living expenses, some turn to bankruptcy as an option. However, if you do not meet the undue hardship requirements, your student loan debt cannot be discharged.

This is exactly what happened to a 45-year-old Maryland woman who was struggling with growing student loan debt. Despite being unemployed, disabled and living far below the poverty line, the court did not allow her to discharge over $37,000 in student loan debt. The reason behind why the judge declined the request was because she had not made any good-faith attempts to repay her loans.

If you have student loan debt that you would like discharged in bankruptcy, an “undue hardship” test is required by the bankruptcy code. This is where you must be able to prove that repaying your student loans would cause “undue hardship” on your life. Unlike credit card debt, the only way to remove student loan debt when filing for bankruptcy is through the undue hardship test. Since the test is not regulated by any law, the courts must determine the severity of the debtor’s circumstances to qualify them for relief.

A three-pronged test can be used to decide whether paying back a student loan would be too difficult for you. The following three items must be proven in order to qualify:

• You must prove that you are unable to maintain a minimal standard of living, while repaying the debt;
• You must prove that your current destitute circumstances will last for a long time;
• You must show that you have made “good-faith efforts” to repay your loan in the past.

Should you fail to adequately prove these three items, you could be denied the option of discharging your student loan debt in bankruptcy. If this occurs, you may also seek help from a federal loan-consolidation program. While a consolidation program would not completely discharge your student loan debt, it could offer a repayment plan that might be more manageable for you.

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.

Source:
http://www.bloomberg.com/news/articles/2015-06-22/courts-rule-that-disabled-woman-living-below-the-poverty-line-must-repay-student-loans

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

Private Student Loans May Prove Too Risky for Students

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When we think of student loans, we often think of federal loans offered by the government. However, private student loans are another type of loan that students should be wary of. Private loans, which have been termed as the “Wild West” of student borrowing, represent a potentially dangerous trap for consumers. These make up a significant yet often overlooked part of the nation’s $1.2 trillion of student loan debt. Approximately $150 billion of U.S. student debt comes in the form of private loans, which can be issued by banks and directly from schools.

According to a recent investigation by the Miami Herald, many students attending for-profit colleges claimed to have been lied to and lured into enrolling in their school’s loan program. Interestingly, many for-profit colleges were reported to have extremely high private loan default rates. Recently, the U.S. Secretary of Education unveiled the outline for a massive student loan forgiveness plan. The option will focus on the long-overlooked provision of federal law that allows borrowers to seek a clean slate if their school is guilty of misconduct.

According to financial aid experts, private loans should be utilized only as a last resort. Unlike federal student loans, private student loans:

  • Often demand their own separate monthly payments;
  • Have far less flexible repayment options;
  • Have extremely high interest rates;
  • Are NOT eligible for loan forgiveness programs;
  • Will NOT not be included in the newly introduced option, which allows relief from student loan debt if a student is defrauded by their college.

A predatory-lending lawsuit has been filed by the federal Consumer Financial Protection Bureau (CFPB), against ITT Technical Institute. Some of their private loans had interest rates as high as 16.25 percent, with an origination fee as high as 10 percent. While the college disputes the CFPB’s allegations of fraud, the U.S Securities and Exchange Commission sued ITT’s top executives last month. Allegedly, ITT tried to hide its high rate of private loan defaults from auditors and investors.

The American Student Financial Group (ASFG), which has helped administer Dade Medical College’s private loans, is also facing a lawsuit. Dade Medical College of Coral Gables had more than 2/3 of their students with private loans in default. One student was instructed to drop her monthly payments at the campus, only to later receive a “delinquent” letter from ASFG, stating that she was more than six months behind on her payments.

Students taking out private loans often do not realize that these are far riskier than federal loans. A report by the Consumer Financial Protection Bureau found that many borrowers who took out private loans had not maxed out on federal loans, which should always come first before private loans are even considered. Even though for-profit school default rates are nearly twice as high at non-profit schools, students still take out private loans. Some for-profit students complained that they were even pressured into taking out private loans they did not want.

Many colleges have convinced students to accept a “forbearance,” where the student temporarily postpones any payments, the past due balance is added to the loan principal, and the account is made current. Unfortunately, forbearance is a short-term solution that does not solve the larger issue of students who cannot afford to pay back their loans. It also increases the student’s total amount of debt because of accruing interest.

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.

Source:

http://www.miamiherald.com/news/local/education/article25678696.html

 

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Timothy S. Kingcade Featured in Attorney at Law Magazine!

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Miami bankruptcy attorney Timothy S. Kingcade is featured on the homepage of Attorney at Law Magazine (Miami edition) this week for being recognized as a Florida Super Lawyer 2015 in the area of consumer bankruptcy law. Super Lawyers represents the top 5% of Florida lawyers who have attained a high degree of peer recognition and professional achievement.

Read all about it at http://www.attorneyatlawmagazine.com/miami/miami-bankruptcy-attorney-timothy-s-kingcade-named-2015-florida-super-lawyers-list/!

Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys, representing the top five percent of attorneys in each state.

Timothy S. Kingcade founded the law firm of Kingcade & Garcia, P.A., in 1996. Today, he and his firm handle more than one thousand bankruptcy filings each year. As Managing Shareholder of Kingcade & Garcia, P.A., Timothy and his firm represent clients throughout the State of Florida in Chapter 7 bankruptcy, foreclosure defense and personal injury claims. To compliment Attorney Kingcade’s extensive legal experience, he is also a certified public accountant (CPA), which provides him with a unique understanding of how to handle tax-motivated bankruptcy cases against the IRS.

For more information, visit http://www.miamibankruptcy.com.

 

Bankruptcy Law, Debt Relief, Timothy Kingcade Posts

Debt Buyers Relentlessly Pursue Debtors, Hoping to Collect

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Many debt collectors are known to employ pushy methods and persistent measures to collect money from debtors. The issue is rising to new heights as debt buyers pursue consumers, without any regard for the terms of the debt or even the identity of the debtor.  One of the country’s largest debt collection agencies, Portfolio Recovery Associates, LLC (PRA LLC) pursued a Kansas City woman, over a mistaken $1,000 credit card bill. The trial jury ruled against the company for violating the Fair Debt Collection Practices Act (FDCPA) because of their malicious pursuit of the woman. The result was an enormous award of $82,990,000 in punitive damages.

While the result of this case was not typical, the act of debt buyers relentlessly pursuing debtors is quite common. If you have outstanding debt, debt buyers like PRA LLC will make it their business to buy your unpaid debts. They normally purchase these debts for pennies on the dollar, from financial institutions that have already charged them off. These debt collectors will then use aggressive tactics to get payments from you. They often act quickly, threatening action against you unless you agree to a settlement or payment plan. Many times, debt collectors will even overlook expiration dates and even go after the wrong individual, as seen in the Kansas City case.

When faced with persistent debt collectors, it is easy to want to evade them or ignore the attempts, but this is exactly what they want you to do. After an adequate number of attempts, the debt collector can serve you a summons. Simply ignoring this will not stop the suit from proceeding and eventually a judge can declare a default judgment against you.

If a debt collector contacts you, the following tips will help you throughout the process.

• Take Action from Initial Contact. If you are contacted by a debt collector, make sure you respond within the proper time frame. The response time limit is generally 20-30 calendar days, but it may vary by state. You may need to seek trusted legal representation.

• Demand Written Notice. The FDCPA requires debt collectors to provide you with written notice about the debt. It should include the name of the creditor and the amount of the debt owed. Do not engage them any further without this notice.

• Verify the Debt. Is the debt really yours? Has it been forgiven or discharged? If it is not yours, the burden is on the debt collector as to whether they want to sue 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.

Source: http://www.foxbusiness.com/personal-finance/2015/06/12/woman-wins-83-million-from-debt-collector/