Timothy Kingcade Posts

Foreclosures, Timothy Kingcade Posts

The OCC Limits Banks Regarding Foreclosures

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The Office of the Comptroller of the Currency (OCC) recently enforced restrictions on the mortgage-servicing operations of six banks, including J.P. Morgan Chase & Co. and Wells Fargo & Co. The Office claimed that these banks were not properly complying with enforcement orders, regarding past home foreclosure abuses. According to the OCC, these banks failed to meet all the requirements of consent orders, which had been issued in 2011. These orders were focused on foreclosure-processing mistakes. The 2011 orders sparked controversy regarding America’s major banks’ foreclosure files, to determine how many borrowers should be compensated. In 2013, the OCC and the Federal Reserve stopped this review before it was completed and regulators settled with 15 banks related to foreclosure problems.

Other banks have also been slapped with penalties and fines for failing to complete required corrective actions. These banks included EverBank Financial Corp., HSBC Holdings PLC, Santander Holdings USA Inc. and U.S. Bancorp. While the issues found by the OCC varied by each bank, each instance included unresolved problems with the information systems that the banks used to track foreclosure and loan modification activities, and the quality of communication with borrowers. There was also a lack of adequate follow up regarding the loan modification and foreclosure process, and servicing duties handled by third-party contractors.

The six banks in question now have restrictions placed on their mortgage servicing operations, as well as limitations on the banks’ ability to acquire residential mortgage servicing rights or outsource their existing mortgage servicing rights. In recent years, a great number of banks have backed out from the mortgage-servicing industry. However, according to the OCC officials, mortgage servicing remains a “significant activity” for each of the six banks. It also continues to remain a major part of the business strategy for many institutions.

J.P. Morgan claims to have made significant progress, with plans to complete their remaining items by summer’s end. As for HSBC and Wells Fargo, they will receive the harshest restrictions. OCC officials call this a reflection of both the number and severity of the outstanding problems with these two banks. Wells Fargo president Mike Heid, claims, “We will continue to work with the OCC to address the remaining items, and we have in place an action plan to complete that work in the coming months.”

The National bank units of Bank of America Corp., Citigroup Inc. and PNC Financial Services Corp. have had their consent order lifted by the OCC. To date, the OCC program has distributed more than $2.7 billion to more than 3.2 million borrowers from banks overseen by the regulator, representing more than 90% of the total funds available.

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.wsj.com/articles/u-s-restricts-six-banks-over-mortgage-problems-1434553589

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, Timothy Kingcade Posts

Before and after Bankruptcy, Creditors Must be Watched

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For borrowers who are struggling to keep up with their debts or who have fallen behind, bankruptcy provides some much needed protection from creditor harassment. If a creditor continues collection actions against you, even after you have filed for bankruptcy, the creditor may be violating your rights and the protection you are granted when you file for bankruptcy.

Creditors, such as credit card companies, banks, and other financial institutions can pursue you to collect a debt up until you file for bankruptcy. After that, they should no longer be able to reach out to you in an attempt to collect a debt. Even if the financial institution charged off your debt and sold it to a debt buyer, all communication should cease.  This guard is known as an automatic stay, which is a court ordered protection designed to prohibit creditors from contacting you during your bankruptcy petition.

Unfortunately, some creditors violate this protection and still pursue debtors even after they have filed for bankruptcy. Below are some options available to you:

• Advise the creditor of your bankruptcy. By directly informing the creditor that you have obtained bankruptcy protection, this may cause them to stop future violations. There is the possibility that the collector was unaware of your case (either through negligence or error).

• Notify the bankruptcy court. If the creditor fails to stop contacting you and continues to make violations, you should notify the bankruptcy court. At this point, the court can sanction the collector for violating its automatic stay order if the collection action is “willful.” This is done under the court’s power of contempt, which means that the creditor has violated the court’s order. After that, the creditor can face fines, including attorney’s fees, and damages.

• File a lawsuit. If the violations continue, the creditor may be guilty of violating additional state and federal laws. These include the Fair Debt Collection Practices Act, or FDCPA and the Fair Credit Reporting Act. In the state of Florida, it may also violate the Florida Consumer Collection Practices Act, or FCCPA.

Once your bankruptcy is complete and your debts have been discharged, you also have protection from creditors trying to collect on that debt. When a debt is discharged, it means you no longer need to pay that debt collector; therefore the creditor should not be contacting you to collect. Like the automatic stay, creditors who violate this may be required to pay you for the violation, including additional legal costs.

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.nolo.com/legal-encyclopedia/creditor-trying-collect-debt-during-bankruptcy.html
http://bankruptcy.lawyers.com/consumer-bankruptcy/automatic-stay-violations-and-creditor-consequences.html

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/

Student Loans, Timothy Kingcade Posts

Don’t Let Student Loan Debt Affect Your Retirement Plans

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Most Americans today are not saving enough for retirement and many are bringing burdensome student loan debt with them into their golden years. Your retirement should be a time of relaxation and time well-spent with your grandchildren.  Understanding the risks associated with bringing student loan debt into retirement can help you avoid making the common mistakes many retirees have already made.

In a recent study by LIMRA Secure Retirement Institute, retirees are incurring unprecedented levels of student loan debt. The research revealed that 26 years ago, student loan debt among retirees was less than 1%. As of 2013, the figure has risen to a total of 15% and the average amount is more than $2,300. This new data suggests that parents and grandparents are taking out loans and co-signing for their children and grandchildren’s college and graduate school education.

Retirees with very high levels of student loan debt are at risk of having their Social Security payments garnished, if they default on federal student loans.  The best defense against student loans is to refrain from taking out more than needed.  Research all of your options, such as federal aid, scholarships, grants and work-study income before taking out a loan for your child or grandchild. Do not be tempted to pay off student loans with saved money from your 401(k) or IRA. These important funds are for when you retire and you will be penalized for taking money out early.

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.cbsnews.com/news/retirement-plans-increasingly-hampered-by-student-loan-debt/

Bankruptcy Law, Timothy Kingcade Posts

Reasons to File for Chapter 7 Bankruptcy Instead of Chapter 13

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If you have decided that bankruptcy is the right solution for your financial situation, the next step is to determine which type of bankruptcy is best.  If you are an individual or small business owner, your most obvious choices are either a Chapter 7 or Chapter 13 bankruptcy.

Below are some of the key advantages associated with filing Chapter 7 bankruptcy:

  • Get a fresh start! The goal of Chapter 7 bankruptcy is to wipe the slate clean of all past debts (this excludes certain debts such as student loans, child support, alimony, taxes and debt incurred by fraud), giving the debtor a fresh start.    As opposed to a Chapter 13 bankruptcy, debts are forgiven without any attempt at repayment.
  • Keep future income. The property a debtor acquires after filing for Chapter 7 is not included in the bankruptcy estate.  This excludes property a debtor acquires within 180 days after filing for Chapter 7.  This rule applies to inherited property, property from a divorce or settlement agreement, death benefits or proceeds from a life insurance policy.
  • No limits. As opposed to Chapter 13 bankruptcy, Chapter 7 bankruptcy does not impose a limit on the amount of debt a filer may have.
  • Quick process. In most cases, Chapter 7 clients can receive a complete discharge of all of their debts in as little as three months.
  • NO repayment plan. Unlike Chapter 13 bankruptcy, the debtor does not have to repay debt in a court-approved repayment plan.  After receiving a Chapter 7 discharge, the debtor is no longer responsible for repaying the debt.

It is important to know that Chapter 7 bankruptcy does require a debtor to pass the “means test,” which determines whether your income is low enough to file.   The means test was designed to limit the number of Chapter 7 filers to those who truly cannot afford to pay their debts.  However, you can earn significant monthly income and still qualify to file for Chapter 7 if you have a lot of expenses, such as high mortgage payments, car loans, medical debt, taxes and other related expenses.

If you have any questions on this topic or would like to know which bankruptcy option is best for your situation, contact an experienced Miami bankruptcy attorney .  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.

Related Resources:

http://bankruptcy.findlaw.com/chapter-7/reasons-to-file-for-chapter-7-bankruptcy-instead-of-chapter-13.html

http://www.moneycrashers.com/chapter-7-vs-chapter-13-bankruptcy/

http://www.alllaw.com/articles/nolo/bankruptcy/which-type-chapter-7-chapter-13.html

http://www.nolo.com/legal-encyclopedia/chapter-7-bankruptcy-means-test-eligibility-29907.html

 

 

Bankruptcy Law, Timothy Kingcade Posts

Misleading Debt Collection Texts Tackled by the FTC

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The Federal Trade Commission (FTC) is cracking down on certain debt collectors who are using text messaging as a way to trick consumers into calling them back. While many debt collectors may reach out to consumers via text, others are doing so without following the rules associated with it.

Federal Courts in Georgia and New York recently closed down 3 debt collection agencies when they were accused of sending deceptive and even threatening text messages to consumers. Debt collectors had been reported using false statements to lure consumers into call them back. Texts included verbiage such as:

“YOUR PAYMENT DECLINED WITH CARD ****-****-****-5463 . . . CALL 866.256.2117 IMMEDIATELY.”

“YOUR PAYMENT FOR $[AMOUNT] IS SCHEDULED FOR [DATE]. CALL 866.257.2117 WITH ANY QUESTIONS OR CONCERNS.”

Chris Koegel, Assistant director of the FTC’s Division of Financial Practices, explained, “People think there’s a problem with their credit card or that they’re about to get charged for something.” Once they call in, they are quickly bombarded with debt collection attempts and threats of arrest or lawsuits.

Many define this way of doing business as “despicable.”  The law indicates that debts collectors are required to fully identify themselves and their purpose for communication, every time they contact a consumer. Debt collectors that are legitimate are fully aware of the rules and they cannot harass, threaten or lie to you.

Within five days of being contacted, debt collectors are also required to send you a “validation notice” in writing, indicating the amount owed, the creditor’s name, and steps to follow if you want to dispute the amount.

It is advised that you never respond to a debt collector until you receive the validation notice. If you receive one of these deceptive messages and call a debt collector, hang up and file a complaint immediately. The FTC website provides more information on how to deal with these debt collectors.

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.nbcnews.com/business/consumer/ftc-cracks-down-deceptive-debt-collection-texts-n374341

Bankruptcy Law, Credit, Timothy Kingcade Posts

Miami Bankruptcy Attorney Timothy S. Kingcade Named to the 2015 Florida Super Lawyers List

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Managing Shareholder, Timothy S. Kingcade of the Miami-based bankruptcy and foreclosure defense law firm of Kingcade & Garcia, P.A. (www.miamibankruptcy.com) has recently been listed in Florida Super Lawyers 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.

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, personal injury and PIP 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.

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Miami-based Kingcade & Garcia, P.A. was established by managing partner and attorney, Timothy S. Kingcade in 1996. The firm represents clients throughout the State of Florida in Chapter 7 bankruptcy, foreclosure defense, personal injury and PIP claims. The firm is committed to providing personalized service to each and every client. The office environment and the service provided are centered on a culture of superior client care. Additionally, all attorneys and staff members at the firm are bilingual speaking Spanish.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Shedding Light on Payday Loan Dangers

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With payday loan stores so prevalent, the options for consumers seem endless. Today, consumer advocates are becoming more concerned with the real dangers surrounding these payday loans. High interest loans and scam loans are a growing problem that many consumers are still not fully aware of and experts claim that this risk goes beyond the normal cycle of debt associated with payday loans. Randy Hutchinson, the president of the Better Business Bureau, discussed the growing dangers of payday loans not only at the traditional walk-in stores but online as well.

According to experts, online payday loans often appear to be more convenient and discreet when in fact these have serious  risks that consumers must carefully consider. A major part of the problem is that consumers do not truly know who they are giving their information to and if the said company is even genuine. Furthermore, the online company may not even be licensed to conduct business in the state you live in.

A recent report by the Howard University Center on Race and Wealth revealed that 12 million Americans in lower income areas use payday loans annually, with an approximate average of 8 payday loans a year. These loans originally cost $375 on average, yet rack up nearly $520 in interest charges.

In Florida, storefront payday loan locations were far more common in lower income neighborhoods. The report also revealed that of the 1,277 pay day loan stores operating in Florida in 2014, more than 1,000 were located in communities with annual incomes falling between $30,000 and $40,000.

Recently, a Florida based company was shut down by the Federal Trade Commission for falsely offering payday loans to customers when in reality they were stealing their money, with no intention of providing a loan of any sort.

Whether you choose to apply for a payday loan either online or at a store front location, experts urge consumers to be careful, fully understand the associated fees and risks, and thoroughly check out the company before doing business with them.

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://wreg.com/2014/10/13/avoid-online-payday-loan-scams/

http://consumerist.com/2015/01/30/report-spotlights-impact-of-payday-lenders-on-most-vulnerable-communities/

Bankruptcy Law, Credit, Timothy Kingcade Posts

Bankruptcy case could result in hundreds being left without water

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A New Mexico grandmother, known as “the water lady” provides much needed water to hundreds of residents in the southeastern corner of the Navaho Nation, who lack an adequate water source. After visiting a well located at the St. Bonaventure Indian Mission and School, she fills up the 4,000-gallon water tank on her sturdy Chevrolet truck and spends the next 7 hours delivering this precious commodity to residents in need.

“These people really depend on the water truck,” she said tearfully. “That’s why I love my job.”

People in the area are concerned about a bankruptcy case filed by the Diocese of Gallup that has involved the St. Bonaventure Indian Mission and School. This year, a judge has approved plans to appraise several properties, including the 40 acres of land in St. Bonaventure, in an effort to cover bankruptcy reorganization costs.

According to court records, St. Bonaventure is viewed as one of the “key properties” considered for lien, liquidation or other uses. The school’s executive director said, “Depending on where this goes, we could lose the mission and the school.”

Mission property includes the well that offers the only free water source for hundreds of families.  Besides the mission, a 60-mile drive to Gallup offers the nearest source of drinkable water and users must pay a fee for the water.  The school has 65 employees and 215 enrolled students from pre-kindergarten to eighth grade. Mediation has been scheduled this week to discuss St. Bonaventure’s fate.

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://www.abqjournal.com/592273/news/bankruptcy-case-could-leave-hundreds-with-no-water.html