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

Private Student Loans May Prove Too Risky for Students

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!

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

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/