Bankruptcy Law, Debt Relief, Timothy Kingcade Posts

Florida Governor Signs Bill Aimed at Curbing Unexpected Medical Debt

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Governor Rick Scott signed legislation this month that may help curb unexpected medical debt.  The bill prohibits charges from an out-of-network provider when a patient has covered emergency care or covered non-emergency care services. It also establishes a payment process for insurers to provide reimbursement for such out-of-network services.

The legislation was prompted by complaints patients made who received emergency care treatment at in-network hospitals and subsequent bills from doctors who were out-of-network.  Florida’s Chief Financial Officer issued the following statement: “This new law protects consumers by holding them harmless in times of both emergency situations when choosing a provider is not an option and in non-emergency situations when communication may not be made clear regarding out-of-network providers who may be offering care. As a result, consumers are left with a more affordable bill comparable to what they would have paid if the provider had been in their network.”

Under the new law, hospitals are required to maintain information on their websites to include contact information for practitioners and practice groups contracting with the hospital. It also states the hospitals are required to provide notice that care may be provided by entities that issue separate bills and might not work with the same health insurance companies.

Bills from out-of-network providers contribute to medical debt problems among insured, non-elderly adults, according to a Kaiser Family Foundation survey.  Nearly 7 in 10 individuals with out-of-network medical bills they cannot afford to pay did not know the healthcare provider was out-of-network at the time they received care.

The bill should take effect July 1, 2016.

Click here to read more on this story.

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, 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

Bankruptcy attorney receives 34 months in prison for bankruptcy fraud

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It was announced this week that a bankruptcy attorney was sentenced to 34 months in prison for collecting filing fees from clients without informing the bankruptcy court.

Glay H. Collier II, 53, of Benton, La., was sentenced by U.S. District Judge Robert G. James on one count of bankruptcy fraud. He was also sentenced to three years of supervised release and ordered to pay $69,063.05 restitution. According to the evidence presented, Collier filed records into the bankruptcy court stating that he would accept “No Look” fees as payment for his services.

The “No Look” fee caps attorney’s fees in bankruptcy proceedings to $2,800. In excess of that limit, Collier charged up to $281 in filing fees to some clients, which he did not disclose to the court. Between March 2010 and November 2013, Collier filed 983 Chapter 13 bankruptcy cases in Monroe, and during the same time period, he filed 2,160 Chapter 13 bankruptcy cases in Shreveport. Collier fraudulently collected and attempted to collect filing fees in approximately 479 cases.

Click here to read more on this story.

If you are in financial crisis and considering filing for bankruptcy, 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, 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.

Debt Relief, Foreclosures, Timothy Kingcade Posts

State Passes on Hardest Hit Funds- Florida Homeowners out $250 Million

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Floridians fighting to save their homes from foreclosure are losing out on $250 million in mortgage assistance because state officials opted not to apply for additional money from the federal Hardest Hit Fund. The fund was created six years ago to help those states hardest hit by the housing market crash and foreclosure crisis. All of the board members who voted to turn down the assistance were appointed by Governor Rick Scott, a Republican who has opposed federal bailout programs and whose office once pressured the housing agency to limit the time homeowner’s could receive the Hardest Hit help.

Florida Senator Bill Nelson calls the decision “tragic” and has repeatedly blasted state officials for their slowness in spending the $1 billion that Florida originally received.  As of January 1, 2016, the state had spent less than two-thirds of that amount and helped only 25,000 homeowners while rejecting 120,000.

In addition, the federal official who oversees the Treasury’s management of the Hardest Hit Fund has criticized Florida, issuing a report that found the state had “consistently under-performed” other states in the use of the relief money.

Click here to read more on this story.

Choosing the right attorney can make the difference between whether or not you can keep your home. A well-qualified Miami foreclosure defense attorney will not only help you keep your home, but they will be able to negotiate a loan that has payments you can afford. Miami foreclosure defense attorney Timothy Kingcade has helped many facing foreclosure alleviate their stress by letting them stay in their homes for at least another year, allowing them to re-organize their lives. If you have any questions on the topic of foreclosure please feel free to contact me at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com

Bankruptcy Law, Debt Relief, Timothy Kingcade Posts

Colleges Return Tuition Money to Bankrupt Parents

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Colleges have returned more than $276,000 in tuition payments made for students whose parents later filed for bankruptcy.  Villanova University, Ithaca College and the New York Institute of Technology are just a few of the schools that have been sued by bankruptcy trustees, according to a recent Wall Street Journal analysis.

The trustees, who are in charge of recovering money for the debts of the bankrupt parents, argue that financially struggling parents should have paid their own bills instead of their child’s college tuition.  Most of the schools have opted to settle the cases and return the tuition money rather than go through an expensive court battle.  However, two schools are moving forward with the lawsuits that could lead judges to clarify whether these controversial lawsuits are fair.

Some of the latest settlements include:

Villanova University agreed to pay $10,000 to settle a lawsuit for $12,543 in tuition payments that covered the cost of education for the son of a Durham, Conn., resident who filed for bankruptcy in September.

The University of Maryland agreed to pay $9,999 to settle a tuition lawsuit that demanded $61,595.33 in tuition.

St. Vincent’s College agreed to pay $5,270 to settle a tuition battle over payments of $10,641.45.

The amount of tuition that colleges have promised to return is expected to grow in the coming weeks. U.S. bankruptcy law allows trustees to sue to recover money that a bankrupt person spent but did not get “reasonably equivalent value” in return. These “tuition-recovery lawsuits” are a new phenomenon.  Historically, tuition payments were so small that a court-appointed trustee would not waste time pursuing them. But as college costs rise and more parents are chipping in to help their kids, bankruptcy experts predict more of these lawsuits to come.

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, 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

Duxbury Father Wins Student Loan Debt Relief Settlement

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A federal appeals court this week has urged a bankruptcy judge to consider a settlement that would allow a Duxbury father to discharge more than $246,000 of student loan debt he borrowed to send his three children to college.

The case has generated national attention amid the growing concern about student loan debt and what it means for our nation’s economy. For the past four years, The Educational Credit Management Corp., a company hired by the US Department of Education, has vigorously fought the efforts to have the loans discharged in bankruptcy.

Four months after the US First Court of Appeals heard oral arguments in the case and urged the parties to try to settle, the company signed an agreement acknowledging that the debtor should be forgiven because he has proven that repaying the debt would pose an undue hardship. The following day, the appeals court sent the proposed settlement to the bankruptcy court.   The final decision lies in the hands of the bankruptcy judge.

Most courts rely on one of two tests when defining hardship.  These include: The Brunner test, which requires a borrower to show that he has made a good faith effort to repay the debt, cannot maintain a minimal standard of living for himself and his dependents if forced to repay the loan, and is facing additional circumstances that make it unlikely he will be able to pay in the future.

The second test, called the “totality of the circumstances” test, considers a debtor’s past, present, and future financial resources; living expenses; and any other facts and relevant circumstances surrounding each particular bankruptcy case. When assessing hardship, most courts require borrowers to show extraordinary circumstances, such as a serious illness, psychiatric problem, or permanent disability.

In this case, the debtor Robert Murphy lost his $165,000-a-year position as president of a Canton manufacturing company when it moved overseas in 2002, and had been unable to find another job. He depleted his retirement savings to pay bills, which included more than $61,000 that was applied to his student loan debt, which left him and his wife primarily dependent on her $13,200 teacher’s aide annual salary.

Murphy sought to discharge the $246,000 he still owed on a dozen Parent Plus loans he took out between 2001 and 2007 to send two of his children to Loyola University Maryland and a third to the University of Connecticut and Bridgewater State.

If he had it to do over again, Murphy says he would have never borrowed the money, even though he was unemployed when the government issued him the majority of the loans.  Like many in his situation, he believed he would be able to find another high-paying job and repay them.  He launched an exhaustive search and attributed his inability to find work to his age, a failing economy and the decrease in manufacturing jobs.

Murphy’s case was being watched by consumer advocates across the country, who hoped the appeals court would take a new look at what defines undue hardship. The settlement has the possibility to preempt a decision that could establish a precedent.

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, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com

 

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

Judge’s Ruling on Law School Grad’s Debt Could Trigger ‘Seismic’ Shift in Loan Practices

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A judge’s recent ruling to discharge a portion of a law school grad’s student loan debt could have major implications for those struggling with insurmountable student loan debt.  The law student applied for the loan while she was studying for the bar exam as a student at Pace University Law School in 2009. She received a “bar loan” of $15,000 from Citibank, according to the bankruptcy court documents, and she made payments on the loan until June 2012. But in November 2014, after having failed the bar exam, she filed for Chapter 7 bankruptcy.

She wanted the $15,000 loan to be discharged arguing that it was not an “educational benefit” under the U.S. bankruptcy code. Citibank disagreed, arguing that the loan was an “educational benefit” in the fact that the eligibility for the bar loan was dependent on her being a law student.

But Judge Carla Craig of U.S. Bankruptcy Court in Brooklyn wrote in her decision, “However, this argument could be advanced by the myriad private lenders who provide funds to borrowers who are taking educational or training courses. The fact that [Citibank’s] underwriting standards required [Campbell] to be a law student does not turn an arm’s length consumer credit transaction into a ‘benefit’ within the meaning of [the bankruptcy code],” Craig wrote in her opinion.

Although there have been cases involving student loans where judges have ruled the opposite of Judge Craig, this recent decision may have an effect on future cases. This opinion is a confirmation that these loans should be dischargeable in bankruptcy.

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, 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

 

Debt Relief, Foreclosures, Timothy Kingcade Posts

U.S. Extends Limited Reduction of Mortgage Principal for Stressed Homeowners

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A federal regulator this week announced an initiative to allow certain homeowners facing foreclosure to reduce the principal on their mortgages. However, the plan is limited and comes years after advocates began pushing for greater relief in the wake of the housing crash.

The Federal Housing Finance Agency will help approximately 33,000 people whose mortgages are backed by Fannie Mae and Freddie Mac, the housing finance companies seized by the government in 2008.

The plan balances the agency’s statutory mandate to “maximize assistance for homeowners,” while not adversely affecting the finances of Fannie Mae and Freddie Mac.

The program is available to homeowners who were at least 90 days delinquent on mortgage payments as of March 1. The outstanding principal on the mortgage must be less than $250,000, and the value of the home must be at least 15% less than what is owed on the loan.

The mortgage principal could be reduced no lower than 15% above market value, meaning the homeowner still would be underwater. No more than 30% of the total principal could be forgiven. Eligible borrowers should expect to hear from their mortgage servicer by Dec. 31.

Click here to read more on this story.

Choosing the right attorney can make the difference between whether or not you can keep your home. A well-qualified Miami foreclosure defense attorney will not only help you keep your home, but they will be able to negotiate a loan that has payments you can afford. Miami foreclosure defense attorney Timothy Kingcade has helped many facing foreclosure alleviate their stress by letting them stay in their homes for at least another year, allowing them to re-organize their lives. If you have any questions on the topic of foreclosure please feel free to contact me at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com

 

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

Obama Plans to Forgive $7.7 Billion in Student Loan Debt for the Permanently Disabled

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The Obama administration plans to forgive $7.7 billion in federal student loan debt for nearly 400,000 permanently disabled Americans.  The law states that anyone with a severe disability is eligible to have their federal student loan debt discharged.

Four years ago, the administration took steps to make the process easier by allowing people who are totally and permanently disabled use their Social Security designation to apply for a discharge, but few took advantage of the opportunity. The Department of Education is now taking it upon itself to identify eligible borrowers and guide them through the process to discharge their student loan debt.

Working with the Social Security Administration, the department has been able to identify 387,000 matches in its first review.  Approximately 179,000 of those people are currently in default on their loans, putting them at risk of losing their tax refunds and having their Social Security benefits garnished.

Those Americans with disabilities have the right to student loan debt relief. This week’s announcement further extends President Obama’s Student Aid Bill of Rights, which directs federal agencies to overhaul the way Americans repay 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, 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

Debt Relief, Foreclosures, Timothy Kingcade Posts

Goldman Sachs Reaches Subprime Mortgage Settlement for $5.1B

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Goldman Sachs is the final U.S. bank to reach a subprime mortgage settlement with a national working group established in 2012 to investigate how Wall Street had inflated the mortgage bubble, which led to the economic crisis. The group included several federal regulators and state attorneys general.

Goldman’s $5.1 billion settlement is less than those of the other mortgage giants. JPMorgan Chase paid $13.3 billion, while Bank of America paid $16.6 billion. Morgan Stanley paid $3.2 billion to the working group, which consists of National Credit Union Administration, the Federal Home Loan Banks, and the states of California, Illinois and New York.

However, there is another side to this story. Concealed in the fine print are provisions that allow Goldman Sachs to pay hundreds of millions of dollars less — perhaps as much as $1 billion less — than the headline figure. And that is before the tax benefits of the deal are included. The bank will be able to reduce its bill substantially through a combination of government incentives and tax credits. For all the banks, the credits suggest that the amounts that the banks will have to actually spend on consumer relief will be much lower than the headline figures.

When asked about these differences, the Justice Department official said that the wrongdoing the banks were accused of was different and, as a result, the negotiations took different courses.

Click here to read more on this story.

Choosing the right attorney can make the difference between whether or not you can keep your home. A well-qualified Miami foreclosure defense attorney will not only help you keep your home, but they will be able to negotiate a loan that has payments you can afford. Miami foreclosure defense attorney Timothy Kingcade has helped many facing foreclosure alleviate their stress by letting them stay in their homes for at least another year, allowing them to re-organize their lives. If you have any questions on the topic of foreclosure please feel free to contact me at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com

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

April 13, 2016: “Million Student March” for Debt Reduction Rally

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Students are literally “taking it to the streets” this week to further promote a wave of activism against crushing student loan debt.  The students represent a massive force promoting the idea that higher education should be an investment we make as a society and warns that the $1.3 trillion in student debt is not only burdening debtors, it’s having a serious effect on the nation’s economy.

Last November, the demonstrations took over 125 campuses, as the “Million Student March” stunned the news media with an impressive, nationwide show of force.

This Wednesday, April 13, the next round of protests will command the attention of Americans engrossed in the 2016 presidential election debate about the future of our country.

The demonstrations will have four demands:

  1. Tuition-free public college education;
  2. Cancellation of all student debt;
  3. $15 minimum wage for all campus workers;
  4. Divestment of university endowments from private prisons corporations.

However, many of the 41 million people struggling to pay their student loans are the not-so-young people-currently in the workforce or looking for work- who had to take out loans to get their education and are now struggling to make their monthly loan payments while supporting their families.

Many are middle-aged parents who are struggling to pay their children’s college loans because they co-signed the loans.  There are 706,000 people on Social Security still paying off student loan debt, with 191,000 having their retirement benefits garnished to pay their student loans, according to GAO reports.

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, 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.