Bankruptcy Law, Debt Relief, Timothy Kingcade Posts

Court of Appeals Rules Foreclosure Service Challenges are getting old

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The Fourth District Court of Appeal is losing its patience when it comes to homeowners having to prove they were properly served court documents in foreclosure cases.   In one of its recent rulings, the court took an extra step by saying, “We…write to address the issues raised here because this court has received numerous other appeals raising the same or similar issues recently,” Judges Robert Gross, Spencer Levine and Alan Forst wrote in the unsigned opinion.

The homeowners in the above case want to overturn the summons and return-of-service documents filed with the court to confirm the process server properly delivered the papers and informed them of the litigation filed against them by JPMorgan Chase Bank, N.A., which inherited the account from Washington Mutual.

The Florida Rules of Civil Procedure allow private companies and deputies to provide service of process. Under the rules, process servers must provide a return-of-service form with several details, including when the process server received the court documents, the date and time the papers were served, the manner of service and the name of the person served.

The couple claims they were never served- even though the process server said otherwise, there was no evidence to show the return-of-service documents were properly executed and complied with Florida law.  The couple argues these documents were inadmissible hearsay.

The appellate panel on the case suggested the homeowners arguments were nothing new and had been resolved by at least seven previous rulings.   It rejected the couple’s argument that the documents were hearsay.  The court also rejected claims that the wife was not home when the process server served her the papers because the process server “described her by race, height, weight and hair color.”

The attorney for the homeowners says this is not the issue.  The issue is what the process server did when he delivered the papers.  What is often seen on the forms is the process service companies have access to background information software.  It is easy for them to run that software, which has access to a driver’s license photo and description.  It does not mean they actually saw the person.

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, Credit, Foreclosures

Pilot Program – Selling Homes in Bankruptcy to Skip Foreclosure

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Senior U.S. bankruptcy trustee for the Southern District of Florida, Kenneth Welt, says strong demand is consuming the inventory of distressed real estate sold through a pilot program to avoid foreclosure.   The program was launched in September 2014.  Welt said it took nearly a decade to convince lenders to sell properties directly out of bankruptcy court in short sales instead of moving cases directly into foreclosure.

In the last six months, he has closed the sale of 15 houses after borrowers surrendered the properties in bankruptcy.  New cases in the past week generated five more potential deals.

In September, one sale turned a no-asset bankruptcy case into a deal that partially satisfied the first mortgage and generated $13,000 for unsecured creditors and $10,000 for a nonfiling spouse. By arranging the bankruptcy sale, marketers generated $345,000 for a three-bedroom waterfront house with patio, pool and tiki hut on a 9,563-square-foot lot in Pompano Beach.  In another case, Nationstar Mortgage, was owed $934,524 on a property that last sold for $560,000 in 2004. It authorized the trustee sale and accepted a $291,453 payoff.

Welt said, “It’s a win-win and gives debtors a fresh start. That’s what bankruptcy is. From a people standpoint, it’s a good thing for the homeowner, for the neighborhood and for the lender.”

Instead of letting foreclosures drag on as bankruptcies play out, the program aims to subtract years off the sales process and deliver payments to unsecured lenders that would likely have ended up with nothing in the case.

Last year, Welt received approval from Fannie Mae, Freddie Mac and several major lenders to create a program that would accelerate sales in cases where homeowners surrendered their property. The Federal National Mortgage Association and Federal Home Loan Mortgage Corp., which are linked to about 60 percent of foreclosures, signed on to the pilot program covering the Southern and Middle Districts of Florida, New Jersey and the Eastern District of New York.

Under the program, lenders must agree to allow a percentage of home sale proceeds for general unsecured creditors in bankruptcy.

Click here to read more on this story.

If you have any questions on this topic or are in a 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, 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.

 

Foreclosures, Timothy Kingcade Posts

Florida Slowest State to Administer Foreclosure Aid

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According to a report by federal regulators, the Sunshine State is behind other states when it comes to disbursing foreclosure relief.  Florida has $1 billion set aside in Troubled Asset Relief Program (TARP) funds, supplied by taxpayers.  The federal government created the Hardest Hit Fund (HHF) that has $7.6 billion in TARP funds, to help families in the states that were hardest hit following the housing market crash.

In a new report, TARP finds that “Florida has the lowest homeowner admission rate for relief funds offered by the organization, one of the highest withdrawn application rates and has consistently denied homeowners at higher rates than the national average.”  With these findings, the report says that HHF Florida has not been as effective in helping homeowners in distress as the funds in other states.

According to the report, only 20 percent of the applicants for relief are accepted in Florida. The national average acceptance rate is about 48 percent.  Florida is supposed to disburse its $1 billion in taxpayer loans by December 2017.  However, five years into the program’s existence, Florida has spent only half of the funds, leaving many homeowners still in “critical need,” according to the report.

Florida homeowners were some of the hardest hit following the housing market crash; 18.3 percent of the 2.8 million homeowners who received foreclosure filings were in Florida.  Nearly 6 percent of Florida households were in foreclosure- about three times the national average.

The report also reveals that the Treasury relies on homeowners to comply with a federal regulation prohibiting anyone convicted of a mortgage-related crime within 10 years from receiving HHR funds, which means homeowners must self-report if they have been convicted of a mortgage-related crime. This makes the fund “vulnerable to fraud and thwarting the intent of the Dodd-Frank Act,” according to the report.

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.

Related Resources: http://www.bizjournals.com/southflorida/news/2015/10/06/florida-is-slowest-state-to-disburse-foreclosure.html

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

5 Credit Cards you can get after Bankruptcy

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Deciding to file for bankruptcy is not an easy decision, but those who emerge from it are often thankful for a fresh financial start and the opportunity to rebuild their finances.  While one of the fastest ways to rebuild your credit is through opening up new credit, there are few cards available to those who have recently filed for bankruptcy.

The exception is secured credit cards.  Applicants who have recently filed for bankruptcy are generally approved by providing proof of identity.  These cards require a refundable security deposit be submitted, first.  Secured card holders are required to make monthly minimum payments and are subject to interest charges if the card is not paid off in full every month.  These payments are reported to the three major credit bureaus, giving you the opportunity to improve your credit score as you make on-time payments.

Below are five credit cards you can be approved for after your bankruptcy is fully discharged:

Capital One Secured MasterCard

This is one of the only secured credit cards with no annual fee. Cardholders must give a refundable security deposit of $49, $99 or $200 in order to receive an initial credit line of between $200 and $3,000. The standard interest rate for purchases is 24.9% APR.

Wells Fargo Secured Visa Credit Card

New card holders must submit a $300 refundable security deposit, which then becomes their credit limit. Benefits to this card include: auto rental collision damage waiver coverage, emergency card replacement and a roadside dispatch service. In addition, cardholders have a cell phone protection policy that covers theft or damage up to $600 (with a $25 deductible), when you charge your phone bill to the card.  This card comes with an annual fee of $25 and a standard interest rate of 18.99%.

BankAmericard Secured Credit Card

There is a minimum refundable security deposit of $300 to open an account. The maximum credit limit (up to $4,900) is based on income, the ability to pay and the size of the security deposit. After 12 months, the account will be reviewed and cardholders may qualify to have their security deposit returned, without any interruption of their existing account. There is a $39 annual fee for cardholders and the standard interest rate is 20.24% for this card.

US Bank AeroMexico Visa Secured Card

This card doubles as a rewards card.  Cardholders can receive double miles on gas and grocery purchases and a mile per dollar spent anywhere else. New card holders earn a 5,000-mile bonus and a complimentary companion certificate after their first use of the card, as well as a $99 companion certificate each year with renewal. Additional benefits include a complimentary checked bag on AeroMexico flights. There is a 22.99% APR and a $0 introductory annual fee for the first year, which is $25 per year after that.

USAA Secured Card American Express

This card requires a $250 deposit, which is placed in a two-year, interest-earning certificate of deposit (CD). The amount of your deposit, which can range from $250–$3,000 establishes your credit limit. This card includes benefits such as auto rental collision damage waiver, extended warranty coverage and travel accident insurance. This card is open to active and retired members of the military, as well as their families. There is an annual fee of $35 and the standard interest rate is 9.90%–19.90.

If you have any questions on this topic or are in a 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, 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://blog.credit.com/2015/05/5-credit-cards-you-can-get-after-bankruptcy-117184/

 

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

New Push on Bankruptcy Protections for Student Loan Debt Relief

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Borrowers struggling with student loan debt may be getting some much needed relief.  The Obama administration has reached out to Congress in an attempt to make it easier for some student loan borrowers to discharge their debt through bankruptcy.  A recent report released by the U.S. Department of Education outlined a proposal for improving the nation’s student loan system, which will require congressional action.

The most significant change is for Congress to ease the process for private student loan borrowers seeking to have their loans discharged through bankruptcy.  The administration is proposing that Congress re-enact a 2005 law, which allowed bankruptcy filers to discharge their private student loan debt.

For consumer advocates and some congressional Democrats, this has been a long time coming, but this is the first time the Obama administration has supported a revision to the rules governing how student loans are processed in bankruptcy.

According to Under Secretary of Education Ted Mitchell, “All other types of consumer debt are dischargeable in bankruptcy and we think private student loans are a glaring exception.”  “We think it’s important to do what we can to create those protections, and we think starting with a bankruptcy provision is the way to go,” he continued.

The administration’s proposal would extend borrower protections to private student loans that do not offer flexible repayment plans like those granted to federal loan borrowers.  The report states that “there are strong grounds for maintaining different standards for federal student loans.”

Federal student loans are not underwritten and typically have generous terms and protections.  Monthly payments can often be limited based on income.  By contrast, private student loans tend to lack those protections and can leave borrowers in financial distress with few options.

Along with changes to federal bankruptcy laws, the administration has proposed adding other consumer protections to private student loans, such as barring private lenders from automatically declaring a loan in default when a co-signer dies.

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 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.

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

Why Millennials and Gen-Xers are faced with Filing for Bankruptcy

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A recent Bankrate.com survey found that roughly 56% of millennials with current or past student loans have postponed major life events because of overwhelming debt.  While many Millennials and Gen-Xers have more debts than assets, it is important to determine whether bankruptcy is the right option.  Free advice is available through the National Foundation for Credit Counseling and consumers can consult with a bankruptcy attorney oftentimes free of charge for an initial consultation to discuss their options.

Consumers are advised to seek the advice of a credit counselor or bankruptcy attorney before they file for Chapter 7 or Chapter 13.  Filing for Chapter 7 means the unsecured debt (credit cards, medical bills, utility bills, etc.) will be discharged while filing for Chapter 13 requires consumers pay their debt for a set number of years before having a certain portion of that debt discharged.

Since changes to the bankruptcy laws in 2005, consumers now have a harder time filing for Chapter 7 and certain loans, like private and government-backed student loans are no longer dischargeable.  Consumers who file for Chapter 13 are typically on a five-year plan, having to pay back a portion of their debt.  Depending on the debtor’s income and living expenses, monthly payments can be as low as $50 a month.

Consumers should be prepared to provide documents such as paycheck stubs, tax returns and bank statements to their attorney. To receive the best interest rates possible, consumers who file for bankruptcy are advised to wait 24 months after their bankruptcy has been discharged, which means it was accepted by the bankruptcy court, to access credit again from credit card companies and some mortgage and auto loan lenders.

Rebuilding your credit score slowly is the best course of action. Examine your current household expenses, come up with a realistic budget and seek entry-level credit options to help establish a new record of timely payments.  Monitor your credit score regularly.  You can begin the process by getting a copy of your credit report from each of the three major credit bureaus: Equifax, Experian and Transunion. You can download a copy of your free credit report at www.annualcreditreport.com. As your credit improves, take advantage of opportunities to qualify for better credit terms- and always remember when it comes to credit cards, keep your balance well below the assigned credit limit.

Click here to read more on the story.

If you have any questions on this topic or are in a 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, 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://www.cheatsheet.com/money-career/what-young-people-cant-afford-because-of-student-loan-debt.html/?a=viewall

Foreclosures, Timothy Kingcade Posts

Private Equity Firms Rush to Buy Troubled Mortgages

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Private equity and hedge fund firms are capitalizing on the remaining inventory of the mortgage crisis – more than 100,000 troubled mortgages have been purchased. As the housing market continues to recover, these new financial players had previously been welcomed as offering more flexible terms for delinquent borrowers than big banks.

Recently, these firms have come under fire.  Housing advocates and attorneys who represent borrowers contend that private equity firms and hedge funds are too quick to push homes into foreclosure and have become less helpful than banks in negotiating loan terms.  Their actions have also gotten the attention of Federal and state lawmakers who are questioning why federal agencies are selling loans at a discount of as much as 30 percent to these firms.

An investigation by The New York Times of housing data, court filings, and interviews with borrowers and attorneys reveal a pattern of complaints against companies like Lone Star Funds, a $60 billion private equity firm.  It is reported that Lone Star has been quick to begin foreclosure proceedings, whether they had bought a delinquent mortgage at a federal auction or directly from a bank.   The company reportedly “dealt harshly” with borrowers’ requests for loan modifications.

A closer look reveals Lone Star’s biggest deal — a bundle of 17,000 distressed mortgages that had an unpaid balance of $2.96 billion. With money from public pension funds, Lone Star bought those mortgages in the summer of 2014 at an auction held by the Department of Housing and Urban Development.

Not all of private equity’s push into the distressed mortgage market has been negative. Thousands of homes that were abandoned by borrowers are now back on the market.  Still, many housing advocates argue that federal housing agencies should make it easier for nonprofit organizations to have a better chance to compete for troubled mortgages, because these groups would work harder to avoid foreclosures.

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

Where the 2016 Candidates Stand on the Student Loan Debt Crisis

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Student loan debt is playing a prominent role in the presidential election this year.  Almost every one of the 20 candidates running for president has been forced to address the issue of college affordability in some way.  Candidates are unveiling their plans to reform higher education and help the approximately 40 million Americans struggling with student loan debt that has ballooned to $1.2 trillion. The candidates’ plans range from debt-free college to matching students with private investors to finance their tuition.

Here is where a some of the front-runners stand on the issue:

Get students through school faster, expand access to alternative higher education programs and give colleges an incentive to drive down costs and improve quality. “I think the focus ought to be on how we reform higher education so that full time students can get a four-year degree in four years.” Jeb Bush, Republican (Former Governor of Florida)

Use government intervention to ease the student debt burden. “We need to transform how much higher education costs- and how those costs get paid.” Hillary Clinton, Democrat (Former U.S. Secretary of State)

Stop the government from profiting off student loans. “I think it’s terrible that one of the only profit centers we [the government] have is student loans.” Donald Trump, Republican (Businessman)

Expand income-based repayment, allow private investors to partner with students to cover the cost of tuition in exchange for a chunk of their incomes. “Colleges know the federal government will continue lending students as much as they need in federally guaranteed loans.” Marco Rubio, Republican (U.S. Senator from Florida)

Unofficial: Increase in competition in the education and student loan space. “The more choice we have- whether in K-12 or in higher education – the better choices and chances young people have.” Carly Fiorina, Republican (Former CEO of Hewlett-Packard)

Allow students to refinance their loans, but also roll back government involvement in education. “For too many, college is where students discover mountains of debt- but not a lifelong career.” Mike Huckabee, Republican (Former Governor of Arkansas)

Debt-free college is “wrong,” but he wants to reform the student loan system to focus more on low-income borrowers.  “If college graduates are going to reap the greater economic rewards…then it seems fair for them to support the cost of the education they’re receiving.” Chris Christie, Republican (Governor of New Jersey)

Debt-free college. “Right now there aren’t even the pathways for families going to college without a huge debt.  It’s only a question of how big the mountain will be.” Martin O’Malley, Democrat (Former Governor of Maryland)

Unofficial: Require families to rely more on personal responsibility, instead of student loans to get through school. “Should we be looking at ways to reduce student debt? Yes, but not if it’s going to drive up the (national) debt.” Ben Carson, Republican (Neurosurgeon)

President Obama is also partially responsible for student debt’s prevalence on the campaign trail.  His administration drew more attention to the issue than most with proposals for free community college and a publicized crackdown on for-profit colleges.

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 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.

Debt Relief, Foreclosures, Timothy Kingcade Posts

South Florida Renters Stuck in aftermath of the Real Estate Crisis

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It’s not only homeowners whose houses are underwater; owners of rental properties are underwater as well.  South Florida’s foreclosure rate has dropped by 50 percent over the last year, but is still double the national average, according to CoreLogic.  It is estimated that one in every 87 homes in the region had a foreclosure in the first quarter.  In Miami-Dade, Broward and Palm Beach counties, about 16 percent of mortgaged homes are underwater, with loans greater than their current market value.

When it comes to foreclosures on rental properties, tenants worry about being kicked out on the street with no notice.  Renters often do not know if the property is in foreclosure or in jeopardy of being sold, due to high turnover among tenants and unscrupulous landlords.  Oftentimes, they do not receive the notice to which they are legally entitled to.

A recent change to Florida’s landlord-tenant law is designed to help.  It guarantees that renters will have at least 30 days after the property is sold to move out.   The law took effect on June 3, 2015 and was meant to replace a federal law, the Protecting Tenants at Foreclosure Act. That law, passed at the height of the foreclosure crisis in 2009 and gave renters the right to stay in their homes until their lease expired — or at the very least, 90 days.  The original law was meant to be only temporary and expired on December 31, 2014.  Without any comparable law in place, before June 3, 2015, tenants were simply out of luck.

The best advice for tenants is to have a back-up plan in place and speak with an attorney to help better understand your situation and your rights when it comes to the foreclosure of your rental property.

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.

 

Related Resources:

http://www.miamiherald.com/news/business/real-estate-news/article34388157.html

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Recent Ruling to Impact Future Chapter 11 Bankruptcy Cases

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The U.S. Court of Appeals for the Third Circuit has issued an opinion that will have a significant impact on Chapter 11 bankruptcy cases.  Basically, the decision will reinforce the tendency to resolve Chapter 11 cases by what is referred to as 363 sales, as opposed to traditional reorganization plans.

The case involved a debtor described as a “leading operator of long-term acute care hospitals.”  The company was deep in debt, but attempts to sell resulted in offers that would not even clear the secured debt, not to mention the more than $100 million of unsecured debt.

So instead, the debtor decided to sell itself under Section 363 of the bankruptcy code.  But the only bidder to show up was a secured lender, who agreed to forgive most of the secured debt in exchange for all of the debtor’s assets.   The IRS noted that the debtor was going to owe capital gains taxes on the sale, but collecting the taxes would be tough, since the debtor did not have any assets.

The creditors’ committee also expressed some concern that its constituency was going to be left without anything in the deal and questioned whether it was an appropriate use of the federal bankruptcy code.  The secured lender had already agreed to pay the costs of the bankruptcy case, and agreed to make a token payment to the unsecured creditors.

Now with only the IRS objecting, the bankruptcy court approved the sale, and the appeals court upheld the bankruptcy court’s decision.   The IRS argued that it was just as entitled to payment as the bankruptcy professionals and was clearly entitled to payment before general unsecured creditors.

In the opinion of the Court of Appeals for the Third Circuit, Judge Thomas L. Ambro, who is a member of the American College of Bankruptcy, explained that plans involve the distribution of bankruptcy estate assets.  In this case, the payments to professionals and unsecured creditors were coming directly from the secured lender.  It is a subtle distinction- but an important one. This decision will greatly affect the structuring of bankruptcy plans in the future.  More importantly, it suggests flexibility in 363 sales that might not exist in traditional reorganization plans.  As a result, the case is apt to lead to even more quick sales in corporate bankruptcy cases.

Click here to read more on this story.

If you have any questions on this topic or are in a 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, 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.