Timothy Kingcade Posts Archives - Page 10 of 155

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Robocall Harassment Suit Results in $9 Million Judgment

Posted on November 20, 2018by Admin

Robocalls seem to have become a common nuisance for many Americans. While it may seem like you have no choice but to deal with these annoying phone calls, for many who were dealing with robocalls from a debt-collection company in California, they have received justice in a recent settlement.

The settlement involves IQor Holdings and its subsidiary, Allied Interstate. Allied Interstate is alleged to have harassed consumers in 18 California counties with thousands of robocalls. The lawsuit was originally filed by the Riverside County District Attorney’s Office. Later, Santa Clara, San Diego and Los Angeles counties joined, and these counties were then followed by Solano, Sonoma, Santa Cruz and San Mateo counties.

Out of this $9 million, $1 million will go towards covering the government’s attorney’s fees and legal expenses. The rest of the settlement will be divided appropriately between the counties listed in the lawsuit. The largest four counties will each receive $1.6 million, and the rest will be divided among the other counties.

Allied Interstate refused to admit any wrongdoing and insisted in a statement that the calls mentioned in the lawsuit involved calls dating back to 2011 and that technology had evolved based on interpretations of the law. The company maintained that the calls were within legal requirements and that their new policies have been adjusted in accordance with the law.

However, this case was the eleventh one filed against the company in over ten years. Before the most recent settlement, the largest payout was $1.75 million, paid to the Federal Trade Commission. In 2017, the company also paid $500,000 in a settlement brought by five other states.

The company is also required to provide training to its employees about regulations regarding debt collection calls. In addition, the company is required to keep records of calls and complaints and conduct third-party annual audits for the next five years.

This lawsuit does not represent an isolated instance. Callers are contacted every day from robocalls. According to data from YouMail, a robocall blocking service, in the month of August 2018, consumers were bombarded with over 148.8 million automated messages daily. These figures break down further to 1.6 calls every second for an average of 13 calls per person per month. Many people get even more than these numbers indicate.

You do have rights if you are one of the Americans being harassed by repeated robocalls. One can hope that this lawsuit will send a warning to other companies doing the same, but in the event it does not, these calls should be reported to the FTC and your local law enforcement.

Please click here to read more.

If you have questions on this topic or 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 McMaken 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 McMaken website at www.miamibankruptcy.com.

Debt Relief, Student Loans, Timothy Kingcade Posts

Disabled Veterans Eligible for Student Loan Forgiveness Still Paying

Posted on November 19, 2018by Admin

Many disabled veterans who are eligible for student loan forgiveness are still paying on their debt, according to a recent Freedom of Information Act (FOIA) request filed by the Veterans Education Success. The nonprofit group filed this FOIA request on behalf of veterans in June 2018.

According to the FOIA information, the U.S. Department of Education is still seeking repayment on over $1 billion in federal student loan debt from tens of thousands of veterans who are severely disabled and have been determined to be unable to work, thus making them eligible for student loan forgiveness. Borrowers were reportedly notified of their potential eligibility in the mail and received a Total and Permanent Disability Discharge application.

Specifically, the Department of Education has identified approximately 40,000 veterans who could have their student loan debt cancelled due to a total and permanent disability discharge. Out of that number, 25,000 of these veterans are already in default on their student loans.

Some critics of the administration believe it is because the current leadership in the Department of Education is more interested in protecting the for-profit institutions out there than students, veterans and other individuals who arguably need the protection more.

Going through a default on your student loans is an extremely stressful process, and when the person defaulting on the obligation is unable to work, already living in poverty and likely suffering from physical and emotional conditions that are debilitating, the stress is compounded even more. A default can seriously hurt that person’s credit score and can also result in the government garnishing that person’s tax refunds and a portion of their Social Security benefits. If the person is already on a limited income, this can be devastating.

The Veterans Education Success and Vietnam Veterans of American are both asking that the Department of Education automatically discharge the debt for these veterans. The current requirement is that the disabled veteran must apply to have the debt cancelled. If he or she is not aware of this program, the Department will not identify that person as someone who is eligible, which is a likely reason for the high number of defaults.

A new tax code includes a provision that waives federal income taxes on any debt that includes forgiven student loan debt for disabled taxpayers. Disabled veterans would fall under this category. If you are a disabled veteran who is interested in learning more about student loan forgiveness, you are encouraged to visit disabilitydischarge.com. If you receive any information on student loan forgiveness for a fee, do not follow this information as it is likely a scam. This service is free and is provided by organizations, such as Veterans Education Success. To learn more email help@veteranseducationsuccess.org.

Please click here to read more.

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. There are ways to file for bankruptcy with student loan 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 McMaken 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 McMaken website at www.miamibankruptcy.com.

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

New FICO Program Aims to Help Consumers Improve Credit Scores

Posted on November 15, 2018by Admin

Consumers are always looking for new ways to improve their credit scores. Lenders and other financial institutions use these scores to determine whether a consumer is a risk when it comes to receiving a loan or credit so it is important that the scores reflect a consumer’s positive financial behavior. Currently, several different credit scores are available to financial institutions and lenders based on consumer behavior, but now there is one more as FICO launches its “opt-in” credit score.

FICO is the largest and arguably best-known company that provides software to calculate a person’s credit score. Originally known as Fair, Issac and Company, FICO has now become a fixture for consumer lending in the U.S, and a consumer’s FICO score is often seen as a major factor in determining a consumer’s fiscal responsibility.

The traditional way of improving a credit score has been for the consumer to exercise good financial behavior, such as paying bills on time, keeping a low balance on their credit card accounts, and avoiding spending over their given card’s limit. While this behavior is still encouraged, FICO is offering a new way to incorporate good financial data into a consumer’s FICO credit score.

This new score is being referred to as the Ultra FICO Score. It is a product created in partnership with two other financial institutions, Finicity and Experian, and allows the consumer to give these companies permission to have electronic access to certain financial information that will help boost their credit scores. This access can include data from the consumer’s bank accounts to show how long these accounts have been open, provide proof that the consumer has savings and show frequency of activity in these accounts.

For consumers who have credit scores in the upper 500s to lower 600s, it is hoped that the Ultra FICO program will help these individuals rebuild their credit, especially if they are struggling after a significant crisis in their lives. This program is expected to launch at the start of 2019. However, the access to the pilot program will be limited until approximately mid-2019.

Bankruptcy Law, Debt Relief, Timothy Kingcade Posts

When Filing for Bankruptcy is the Best Option for Medical Debt

Posted on November 14, 2018by Admin

It only takes one medical crisis to set you back thousands of dollars. In fact, medical debt is the number one reason people file for bankruptcy. Bankruptcy is a part of the U.S. Constitution built to help people in financial crisis. So how do you know when it’s the right time to file bankruptcy?

The following factors are indicators that you should consider filing for bankruptcy, or at least sit down with an experienced bankruptcy attorney to discuss your options in more detail.

If your debt amount is more than 40 percent of your income. The higher the debt-to-income ratio a person has, the less likely it is he or she will earn enough money to ever pay back the debt;
If you are using debt, such as credit cards or unsecured personal loans, to pay for other debts;
If your debts include items that can be liquidated in bankruptcy, such as medical debt, credit cards or personal loans;
You are using payday loans to help cover necessities before your next paycheck. This is oftentimes a sign your expenses are exceeding your income;
If you are forgoing necessities such as healthcare, prescriptions, or food;
If the collection calls have reached a breaking point;
If you have been threatened with a lawsuit, are being sued by a creditor or your wages are being garnished.

How is Medical Debt Handled in Bankruptcy?

In bankruptcy, medical debt is treated the same as credit card debt. Medical bills are listed as general unsecured debt and can be easily wiped out in a Chapter 7 bankruptcy filing. Making the decision to file for bankruptcy is never an easy one. It can be difficult to get past some of the myths associated with filing for bankruptcy. Sometimes by waiting, an individual facing a lot of debt can find himself or herself in an even worse situation. Filing for bankruptcy can help protect valuable assets, including your home, pension, IRA and social security. It will put an end to wage garnishment and any lawsuit being filed to collect on the debt, thanks to the protections of the automatic stay.

Those who have experienced illness or injury and found themselves overwhelmed with medical debt should contact an experienced Miami bankruptcy attorney. In bankruptcy, medical bills are considered general unsecured debts just like credit cards. This means that medical bills do not receive priority treatment and can easily be discharged in bankruptcy. Bankruptcy laws were created to help people resolve overwhelming debt and gain a fresh financial start. Bankruptcy attorney 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 McMaken, 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, Timothy Kingcade Posts

IRS Tax Lien? Chapter 13 Bankruptcy Can Help

Posted on November 9, 2018by Admin

If you are facing an IRS tax lien, you may wonder what your options are to discharge the debt. For many individuals, the most common method to get rid of a tax debt is through a Chapter 13 bankruptcy. Chapter 13 bankruptcy offers unique debt solutions not available in a Chapter 7 bankruptcy. Through a Chapter 13 bankruptcy, clients are required to restructure their debt and create a repayment plan that is better designed to fit their ability to pay. The money will go towards the debts that matter the most, like your mortgage, car loan, support obligations, taxes, etc. The remaining debts, such as your credit cards, medical bills and utility bills will only get a fraction of what is owed.

Chapter 13 bankruptcy allows you to:

keep all property;
avoid foreclosure and vehicle repossession;
pay the fair market value for a car, and;
stop lawsuits, wage garnishments, and bank levies.

Tax debt that is secured by an IRS tax lien, the personal liability on that debt may also be discharged, although the lien will be treated differently. It depends largely on the timing of the bankruptcy case, as well as the classification of the debt when it comes to whether the tax debt can be discharged.

What Is the Status of the Tax Debt?

The first question to ask yourself is what the timing or status of the tax debt is? Your IRS tax account transcripts will be able to provide this information, including the date of the filing of the tax return, the date the tax was assessed and whether any events have occurred that could have stopped time periods for the debt, as well as whether any liens have been recorded against the property the taxpayer owns. If the IRS has secured a lien on the taxpayer’s land, county land records should be able to pull this information up, as well.

IRS Lien as a Secured Debt

If the IRS has properly secured a tax lien on your property, this means the debt is a secured one for purposes of bankruptcy. The taxpayer’s personal tax debt may be able to be discharged, but the lien will remain on the property. What this means is if you are not able to pay off the entire amount owed on the lien, with interest, during the Chapter 13 bankruptcy case or repayment plan, the IRS retains the right to seize the property once bankruptcy is finalized to receive payment on the debt.

Can Tax Debt Be Unsecured?

Tax debt can also be unsecured and discharged, but for this to happen, certain requirements must be met, including:

The due date for the most recent tax return must be more than three years before the filing for bankruptcy;
The tax return must have been filed at least two years prior to the bankruptcy filing;
The tax claim must have been assessed at least 240 days before filing for bankruptcy;
The tax return must also be from a non-fraudulent filing; and
The taxpayer must not have engaged to willfully evade or defeat the tax debt.

If all these requirements are met and the debt is not otherwise secured by a lien, it will be classified as an unsecured debt. This classification is ideal for debtors who are looking to discharge the debt completely.

During a repayment plan through Chapter 13, these unsecured debts are normally paid at a pro rata distribution, which means they are paid after secured and priority debts are paid first. Anything that is not paid at the end of the repayment period is then discharged.

List All Tax Debts

When filing for bankruptcy, it is important you list all your tax debts, including tax authorities to whom you owe the debt. That authority has 180 days to then file a proof of claim where they indicate what the tax debt is it that you owe. If the taxing authority does not file an official proof of claim, the claim may be discharged without any payment. This situation is rare, but it occasionally does occur.

Incurring Debts Post-Filing

Life does not stop simply because you have filed for bankruptcy. If you do incur additional tax debt after filing for Chapter 13 bankruptcy, that debt may then be added to your case as a post-petition debt. That debt will then be lumped in and paid back as part of your Chapter 13 repayment plan.

Not all bankruptcies are the same. It is important to understand the difference between Chapter 7 and Chapter 13 bankruptcy when considering your options. It is equally important to have a Miami bankruptcy lawyer on your side that will take the time to help you find the best plan to work for you.

If you are facing an IRS tax lien, we can help. Have questions on this topic or 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 McMaken 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 McMaken website at www.miamibankruptcy.com.

Related Resources:

https://www.irs.gov/businesses/small-businesses-self-employed/declaring-bankruptcy

https://www.alllaw.com/articles/nolo/bankruptcy/tax-debts-chapter-13-bankruptcy.html

https://www.thebankruptcysite.org/resources/bankruptcy/chapter-13/tax-debts-chapter-13-bankruptcy

Student Loans, Timothy Kingcade Posts

40% of Borrowers Could Default on their Student Loans

Posted on November 7, 2018by Admin

If you are struggling with student loan debt, you are not alone. Today, 70 percent of college students graduate with a significant amount of debt. More than 44 million Americans collectively hold nearly $1.5 trillion in student debt. That means that roughly one in four American adults are paying off student loans.

As the amount of debt has increased, so have the amount of defaults. In fact, it is estimated that around 40 percent of student loan borrowers will default on their student loan obligations by the year 2023. Student loans now make up the second largest consumer debt next to mortgage debt.

It is estimated that college graduates of the Class of 2017 walked away with nearly $40,000 in student loan debt. This figure is $3,000 more than the previous class in 2016.

Thirty-two percent of borrowers who held a balance of $5,000 or less in student loan debt defaulted at least once within four years as compared to 15 percent of borrowers defaulting who owed $35,000 in student loan debt.

The thought of paying back student loan debt can be daunting. How can you stay on top of your student loan debt to avoid falling into default? One tip is to utilize student loan consolidation, which helps you manage your student loan debt into one Direct Consolidation Loan. Another recommendation if your interest rates on your student loans are particularly high is to look into refinancing to adjust the rate to a lower amount.

When it comes to bankruptcy and student loan debt, there are some misconceptions. One being, that student loans are never dischargeable in bankruptcy. In fact, there are ways to file for bankruptcy with student loan debt.

Click here to read more on this story.

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 McMaken 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 McMaken website at www.miamibankruptcy.com.

Debt Relief, Timothy Kingcade Posts

‘Overbiffing’ is the Latest Trend in Illegal Debt Collection

Posted on November 6, 2018by Admin

A new trend is occurring involving unfair debt collection practices known as “overbiffing.” This practice occurs when a creditor or debt collector overstates a debtor’s balance in hopes of getting more money than what is owed.

A recent case in New York highlighted the problem. In the case, a New York debt collector overstated account balances for thousands of consumers in an effort to defraud them into paying more than they actually owe. The debt collector also used abusive and illegal tactics to get consumers to pay. The Fair Debt Collect Collections Practices Act (FDCPA) specifically prohibits this type of behavior, as was addressed by the court.

The “overbiffing” term comes from the act that the debt collector is trying to accomplish. The scam these companies are trying to accomplish is to tell the individual that what they are paying, which is an overstatement of what they owe, will pay the person’s “balance in full,” which is shortened to “BIF.” Of course, these “balance in full” payments are well over what that person owes.

One such debt collector is based in Buffalo, New York, named Robert Heidenreich, also known by the name “Bobby Rich.” The debt collectors working for Heidenreich have been accused of overstating balances that they say consumers owe on accounts. Regulators in this case used forms to compare the actual balances these consumers owe to the amounts that these scammers are saying that they owe. What these regulators found was that the difference between these two amounts was in the hundreds or even thousands of dollars.

Heidenreich’s employees were also accused of misleading the consumers about who was calling. Many of the employees knowingly violated the FDCPA by posing as attorneys or even law enforcement, as a scare tactic. Threatening legal action when one does not have the right to do so or impersonating an attorney or law enforcement is a blatant violation of the FDCPA. These employees would tell the consumer that they had committed a crime and were about to either be arrested or served with notice of a legal proceeding regarding the debt. The consumer would then be directed to another debt collector pretending to be an attorney, who would take payment over the phone on the alleged amount owed. If the consumer questioned the person on the phone, the debt collector would become aggressive and even abusive in response, which is another violation of the FDCPA.

If you have been contacted by a debt collector who is committing one or more of these actions, it is important you know your rights. Per the FDCPA, any third-party debt collector is not allowed to use threatening or abusive language when communicating with the debtor regarding a debt. The FDCPA also prohibits third-party debt collectors from misrepresenting who they are, as well as the consequences of not paying the debt. If a third-party debt collector has done any of these actions, you may have a valid claim for damages under an FDCPA violation.

As a consumer, you also have the right to request validation of the debt from the debt collector. This validation must be produced in writing and must include how much is owed and to whom the debt is owed. You should then take that information and check to make sure that the amount given is, in fact, correct. This information can be validated, for example, with information on the consumer’s credit report.

If a debt collector has violated any provision of the FDCPA, it is important you report the debt collector to the state attorney general’s consumer affairs division, as well as the FTC.

Click here to read more on this story.

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

Tips to Protect Yourself from Zombie Debt Collectors

Posted on October 25, 2018by Admin

Debt collectors can be persistent when it comes to trying to collect on a past-due account. While many of these efforts may be completely valid, debt collectors will even try to collect on debt that is not legally collectible, otherwise known as “zombie debt.”

What exactly is zombie debt? A zombie debt is a past-due account that is outside of the statute of limitations, meaning it is not legally collectible. Every state has a statute of limitations which sets how long a creditor has to sue on an unpaid debt.

Florida’s statute of limitations varies depending on the type of debt. For example, written contracts such as personal loans, the statute of limitations is five years. So once this type of debt is more than five years past due, the lender can no longer sue to collect money owed. For other debts, the statute of limitations is shorter. Oral contracts and revolving accounts such as credit cards have a statute of limitations of four years.

However, just because the timeline has passed does not mean the creditor will stop trying to collect on the old debt. Many debtors will mistakenly pay on a debt that is past the statute of limitations because they are not aware of this legal protection.

It is extremely important that you not pay on a debt that is past the date for the statute of limitations. A single payment can reactivate the debt and reset the clock on the statute of limitations. This tactic is otherwise known as re-aging an old debt, and it is one that is commonly used by debt collectors to trick debtors into paying on a debt that they would not be legally obligated to pay.

If a debt collector contacts you on a debt, the first step to take is to request written verification on the debt. The debt collector must provide you with information to show how old the debt is and how much is owed. If the debt is past your state’s statute of limitations, you will not be legally required to pay back the debt.

It also helps to know your rights when it comes to communications from debt collectors. Under the Fair Debt Collection Practices Act (FDCPA), third-party debt collectors are prohibited from engaging in collection tactics that are harassing, threatening or illegal. If the collector is contacting you before the hours of 8:00 a.m. or after 9:00 p.m., they are in violation of the FDCPA.

The same rule applies if they contact you at work if you have informed them that they are not to contact you there. They are prohibited from using threatening or abusive language when trying to collect on the debt, as well. They also cannot misrepresent who they are by saying that they are an attorney or litigation firm when contacting you. They are also not allowed to threaten a lawsuit if they know they have no grounds to file one, especially if the statute of limitations has expired.

If you feel you have been a victim of zombie debt collection, first request that the debt collector provide you written documentation verifying the debt and check for any discrepancies. It is important that you respond to all court summonses to ensure that a debt collector does not win a court case by default.

If you have received notice of a lawsuit on a debt that has expired per the statute of limitations, do not ignore the suit and simply assume the court will recognize on its own that the debt is old. Courts give you a limited time to file an answer to a legal complaint, and by not responding, you could end up with a default judgment that is not in your favor. If you receive a notice of a claim for a debt that has expired, it is important that you contact an attorney who can file an answer on your behalf stating that the debt is past the statute of limitations and further protect your legal rights.

Click here to read more.

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

How to Lower Credit Card Debt and Improve your Credit Score

Posted on October 24, 2018by Admin

Having a good credit score can make many things in life easier, especially when it comes to purchasing a new home or vehicle. However, it can be easy to get off track. Credit card debt with a high interest rate is one way to lower your credit score, but for many Americans, that is exactly what has happened to their financial situations.

The problem of credit card debt may be more widespread than we think. According to Experian, the average American consumer owes more than $6,000 in credit card debt. This figure has gone up three percent in just one year. This amount of debt can be very difficult to get out of, even for someone earning a decent annual income.

Retail credit cards can be particularly tempting, especially when offered a great deal at the cash register, but these cards come with high interest rates and can be easy to rack up debt. Unless you are able to pay the retail card off in full after making the purchase, it is not recommended that you sign up for these department store cards.

Many consumers believe that not having a credit card is best when it comes to staying out of debt, but it is important to at least establish a credit score. Having one card, using it for minimal expenses and making payments on the balance in full on a regular basis every month can be an excellent way to establish that strong credit score. In fact, by having a high credit score, you have a better chance of getting a card with a low interest rate when opening the account.

What happens if you do have credit card debt that has gotten out of hand? If possible, it is best to make a larger payment than the minimum payment amount. If any extra money is available in the person’s budget, it is best to put that extra money towards paying the debt. In addition, it can help to focus efforts on one card at a time, usually the card with the highest interest rate first. Once that card is paid, focus all the money that was going towards the first card on the next one and so on until the accounts are paid in full.

If you are not able to keep up on payments, contact the credit card company to negotiate a lower payment. If you fall behind on payments, it may be wise to contact a credit counselor to discuss repayment plans or negotiate the debt amount. If you are not able to make either of these options work, it may be time to talk to a bankruptcy attorney to discuss the options available to help eliminate the debt.

Click here to read more on this story.

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

What Happens to Student Loan Debt When You Die?

Posted on October 19, 2018by Admin

One of the more common questions asked by student loan borrowers has to do with what happens to the obligation if the borrower dies before the loan is paid in full. Does the loan die with that person, or will their loved ones be held responsible for paying it off after the borrower’s death?

According to the U.S. Department of Education, if the borrower of a federal student loan dies, the loan is automatically canceled, and the debt is discharged by the government. Unfortunately, private student loans do not offer the same liability protections. Whether or not your private student loans will be discharged when you die depends upon your student loan contract. It is important to check the terms regarding death and disability discharge in your student loan contract.

Some private loans, including Sallie Mae’s Smart Option Student Loan or New York HESC’s NYHELPs loans, do offer death and disability forgiveness in the event the borrower dies or becomes permanently disabled. However, not all lenders are so generous.

If the student loan borrower is married, many believe that the spouse of the deceased remains liable for the debt. With traditional student loans, if the spouse is not listed as a joint account holder or a co-signer, the spouse is not legally liable for the debt. If the spouse did co-sign for the loan, he or she may still be liable for the student loan just as he or she would with any other co-signor obligation.

If the borrower lives in a community property state with his or her spouse, and the borrower dies, the spouse will be considered liable for the debt, regardless of whether the spouse’s name was ever on the original student loan unless the state has exceptions in its own laws. The states that are community property states include Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.

The state of Alaska is unique in that married couples can choose to opt into a community property situation, but it is not required. For the other states that are not community property states, so long as the debt was never co-signed or jointly in the name of the deceased borrower, the surviving spouse will not be held responsible for the debt.

One important issue that should be addressed involves the tax implications of the student loan debt of the deceased being forgiven. Even if a student loan is cancelled or discharged due to a death or disability, the deceased’s estate may owe taxes on the amount that is forgiven before the estate can be closed. Therefore, while the surviving spouse or loved ones of the deceased may be in the clear when it comes to the actual debt itself, they may still owe something when it comes to taxes on the amount that was forgiven.

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