Bankruptcy Law, Timothy Kingcade Posts

Ways to Make Your FREE Bankruptcy Consultation Count

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For those considering bankruptcy, it is normal to have questions and concerns. Many bankruptcy attorneys offer free initial consultations, giving you the opportunity to discuss your options in greater detail.  Being fully prepared beforehand is the best way to make the most of your free bankruptcy consultation.

Below are some important tips on how to make the most of your free initial consultation with your bankruptcy attorney.

Have the proper documentation.  It is important to come to your initial consultation with the necessary documentation. For a bankruptcy consultation, you should bring the following:

  • Recent financial records (bank statements, bills, etc.)
  • Deeds for property and vehicles (lease or purchase)
  • Student loan documentation, if applicable
  • Receipts
  • Legal records

Ask questions.  Ask your bankruptcy attorney to explain the bankruptcy process to you including the costs, fees, financial solutions and timelines. It is also important to learn more about your bankruptcy attorney and how they can best help you. Ask your attorney questions pertaining to their experience in the area of bankruptcy law and their firm’s case handling procedures.  Many attorneys offer bankruptcy services as only a portion of their practice.  Find an attorney who has dedicated their legal career to this area of law.

Stay Involved. In addition to asking questions, take notes. Make sure you fully understand your options and take this opportunity to discuss these with a qualified bankruptcy attorney. Remember that your consultation is confidential, so be completely forthcoming and candid with your attorney. If you are provided with documentation, take the initiative to make sure these forms are filled out as soon as possible.

For more information on how to best prepare for your initial consultation with a bankruptcy attorney, please visit: http://timothykingcade.com/?p=4234.

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/questions-ask-when-choosing-bankruptcy-attorney.html

http://bankruptcy.findlaw.com/legal-help-and-resources/checklist-documents-to-show-to-your-bankruptcy-attorney.html

Foreclosures, Timothy Kingcade Posts

After Months of Decline, Florida Foreclosures Spike

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A decline in U.S. home prices accelerated nationwide last month, according to the S&P/Case-Shiller home price index. This is the steepest drop Florida has seen in 16 years. For nearly a year, foreclosure rates in Florida have steadily decreased; however, July’s spike has changed that trend.

According to Miami CBS Local, Florida experienced a decline in foreclosures for the last 10 consecutive months. Realty Trac’s data showed that in July 2015, Florida foreclosures had increased by 16%. The report also revealed that for every 408 homes, one had a foreclosure filing. Realty Trac’s Spokesperson, Ginny Walker termed the sudden increase as a “one month anomaly.” Walker also stated that there may be more Florida foreclosures as the Supreme Court finalizes its ruling on whether the state will have a statute of limitations for foreclosures.

Florida’s southern region has the state’s third highest foreclosure rate, according to the report. This region has also shown an increase in the number of filings when compared with other areas of the state. In the tri-county area alone, 7,285 foreclosure filings are already in progress. This is a 31% increase from June and a 24% increase from July. The report also includes property repossession and notices of auction.

Florida is not alone. Nationwide, foreclosure rates have increased. Some believe this is due to the sudden increase of bank repossessions since 2013.

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.realtytoday.com/articles/29226/20150824/foreclosure-start-spike-florida-months-decline.htm

http://www.wptv.com/news/state/foreclosures-spike-in-florida-after-months-of-decline

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Questions You Should Ask Your Bankruptcy Attorney

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If you are considering filing for bankruptcy, you will likely have a lot of questions for your attorney. Factors such as fees, the type of bankruptcy to file, the time frame, etc. should all be explained to you. It is important that you understand the bankruptcy process and that you ask the right questions before selecting your bankruptcy attorney.

Below is a list of important questions you should ask your bankruptcy attorney at your initial consultation:

Should I file for bankruptcy?

Bankruptcy is not for everyone.   The first question you should ask your attorney is whether bankruptcy is the best option for you.  Your attorney should thoroughly explain to you how filing will affect your current situation, as well as steps to take moving forward.

Which type of bankruptcy should I file?

If bankruptcy is indeed the best option for you, your attorney will need to determine which type of bankruptcy to file. The two most common types are Chapter 7 bankruptcy and Chapter 13 bankruptcy.  One of the biggest differences between the two is that Chapter 7 works toward discharging all or most of your debt, while Chapter 13 works toward a manageable re-payment plan. Discussing your options with your attorney will help you better understand which option is right for you.

What will it cost to file for bankruptcy?

It is important to get an estimate as to how much it will cost you to file for bankruptcy. Ask your bankruptcy attorney to provide the cost for your case as a total, including all attorney fees, court fees and additional costs which may be incurred. Many bankruptcy attorneys offer manageable repayment plans for their clients.

How long will the bankruptcy process take?

Ask your attorney what the expected time frame will be for your bankruptcy case. You should find out important information such as when your case will be filed, details of the bankruptcy process, and when you can expect to receive a complete discharge of your debts.

Are there concerns that will affect my bankruptcy case?

Full disclosure with your bankruptcy attorney is crucial to making sure your case is handled properly. If you had instances in the past that may later come up as a “red flag” during your bankruptcy case, ask your attorney about them. These instances can include the possible “gifting” of an asset to a family member, making a large purchase far beyond your means or receiving an inheritance. These can all affect your bankruptcy eligibility and should be discussed with your attorney at your initial consultation.

For more information on how to best prepare for your initial consultation with a bankruptcy attorney, please visit: http://timothykingcade.com/?p=4234.

At Kingcade & Garcia the consultation is FREE and the relief is REAL!  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://blogs.findlaw.com/law_and_life/2014/01/5-questions-to-ask-a-bankruptcy-lawyer.html

Bankruptcy Law, Timothy Kingcade Posts

Divorce and Bankruptcy: Which Should I File First?

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For many people, divorce is the main reason they need to file for bankruptcy. While both predicaments can be challenging, proper planning can make the process less complicated and more cost effective. If you are not sure whether to file for bankruptcy or divorce first, there are several important factors to consider beforehand.

Bankruptcy and Divorce Costs

Bankruptcy filing fees remain the same, whether you file jointly or individually.  By filing a joint bankruptcy with your spouse prior to a divorce you can save on court fees and legal costs. Filing for bankruptcy before your divorce can also simplify debt issues, property division and divorce costs. It will also allow for financial support considerations, as this can affect how your bankruptcy will proceed.

Debt Allocation

Deciding which debts should be assigned to each spouse can become complicated in a divorce. While a bankruptcy may discharge a debt it does not discharge spousal obligations. If one spouse must pay a particular debt per the divorce decree, it does not alter the other spouse’s obligations toward that creditor. It may be in both spouses’ best interest to file bankruptcy and discharge combined debts prior to a divorce. Filing for bankruptcy jointly will allow for all debts to be addressed in one case.

Property Division

Eliminating debts by filing for bankruptcy jointly will simplify the property division process in a divorce.  If you own multiple properties, it may be a better idea to file a joint bankruptcy for more exemptions. However, bankruptcy proceedings will take precedence over divorce proceedings. Filing for bankruptcy during an ongoing divorce will enact the automatic stay, which will place a hold on the property division process until the bankruptcy is complete. A qualified and experienced bankruptcy attorney can discuss these options with you.

Chapter 7 Bankruptcy vs. Chapter 13 Bankruptcy

Chapter 7 bankruptcy is a liquidation bankruptcy designed to eliminate your unsecured debts- like credit card debt and medical bills.  In a Chapter 7 bankruptcy, discharges typically take place after only a few months.  This allows the bankruptcy to be completed quickly before a divorce.

It is important to note that you must qualify for Chapter 7 bankruptcy protection, based on your income. It may be necessary to wait until each spouse has a separate household after the divorce, before filing for Chapter 7 bankruptcy.  On the other hand, Chapter 13 bankruptcy may last three to five years because a portion or all of the outstanding debts will need to be repaid through a structured repayment plan.  Those filing Chapter 13 may want to do so individually, after the divorce because of how long the Chapter 13 bankruptcy process can take.

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.nolo.com/legal-encyclopedia/divorce-bankruptcy-which-comes-first.html

http://www.alllaw.com/articles/nolo/bankruptcy/bankruptcy-and-divorce-which-comes-first.html

Bankruptcy Law, Timothy Kingcade Posts

Top Five Reasons People Go Bankrupt

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Over the last few decades, America has seen a significant increase in the number of consumers struggling with debt. Many Americans are turning to bankruptcy to achieve a fresh start with their finances.  Below is a list of the top five causes of bankruptcy in America today.

1. Medical Expenses.

An unexpected illness or injury can easily turn into hundreds of thousands of dollars in medical bills. Medical debt can quickly drain savings accounts, retirement or college education funds, even home equity.

According to a Harvard University study, the leading cause of bankruptcy is medical debt. It represents 62% of all personal bankruptcies. The study also showed that 78% of filers carried some form of health insurance, which debunks the myth that medical debt only burdens the uninsured.

2. Job Loss.

A layoff or job termination can cause a loss of income that can be financially devastating. For many Americans, they may experience a job loss without the cushion of savings or a severance package, which leaves little room for security.

3. Poor Use of Credit.

Credit card debt can easily spiral out of control, where even making the minimum payment becomes a challenge. Statistics show that many debt consolidation plans fail, only delaying an inevitable bankruptcy filing.  Utilizing home-equity loans or other loans to solve immediate financial problems can be risky and result in more debt and even foreclosure.

4. Divorce/ Separation.

These life changes are not only emotionally draining but also financially draining. Dividing marital assets, the loss of two incomes, paying child support, alimony, and legal fees often force many Americans into bankruptcy.

5. Unexpected Expenses.

Loss of property due to theft, an unexpected casualty, or a natural disaster can result in tremendous financial distress. Many homeowners may be unaware that additional coverage might be necessary to protect their home and valuables from natural disasters like a hurricane, flood or tornado.

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.investopedia.com/financial-edge/0310/top-5-reasons-people-go-bankrupt.aspx

Bankruptcy Law, Timothy Kingcade Posts

Celebrity Bankruptcies a Valuable Lesson for Kids

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Celebrity bankruptcies like NFL quarterback Michael Vick, hip-hop musician 50 Cent, and award-winning actor Nicolas Cage among others, have been widely reported by the news media.

Having once been one of the nation’s wealthiest hip-hop artists, 50 Cent wound up millions of dollars in debt, reducing his net worth from $150 million to $0. While this story is unfortunate, he’s not alone.  His story stands as a cautionary tale for many. Whether you are a celebrity or just the ‘average Joe,’ one rule should always be followed: Never spend beyond your means.

Bankruptcy statistics among celebrities show how quickly sudden wealth can disappear after poor financial decisions. One of the most important tips for young adults to remember is to be an active participant in the management of their money. Whether it is through a savings account or stocks, it is important to clearly understand what you are investing in. Even those who hire a financial adviser should monitor financial activities and stay involved when making investment choices.

Parents can play an important role in helping their children develop smart spending habits and money management. There are numerous daily opportunities that involve money management. Take advantage of including your child in these money matters so they can learn about it first hand.

Here are some ways to engage your child in money management and encourage smart spending habits:

  • Allow them to help with coupons and price comparisons;
  • Explain TV advertisements and messages that encourage spending;
  • Discuss how currency impacts society;
  • Give them an earned allowance;
  • Start a savings account for your child;
  • Explain balancing spending and saving;
  • Remind them that money cannot buy happiness.

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.postbulletin.com/business/kids-can-learn-lessons-when-celebrities-go-bankrupt/article_b347c0a2-bfdc-5489-896c-c962344977d6.html

Bankruptcy Law, Student Loans, Timothy Kingcade Posts

Today’s Student Loan Debt Crisis Examined

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Today’s Student Loan Debt Crisis Examined

Many consumers face financial struggles because of student loan debt and the numbers keep rising. This year’s graduating class held an average student loan debt amount of $35,000 for a bachelor’s degree, making them the most indebted graduating class in history. Many of these students plan on pursuing higher education, which means these numbers will continue to rise.

These figures indicate that a change is needed- now more than ever. “The Real College Debt Crisis: How Student Borrowing Threatens Financial Well-Being and Erodes the American Dream,” addresses this need. Professors William Elliott III and Melinda Lewis, authors of the book, hope to offer useful solutions to the growing problem that is today’s student loan debt crisis.

Elliot and Lewis argue that the significant increase in student debt is attributed to the common belief that it is acceptable to go into debt for the social and financial gains a higher education provides. While experts agree that education is fundamentally important, the resulting student debt raises the question of whether there is a return on investment.

Elliott and Lewis support shifting college financing away from “debt-dependency.” Instead, they suggest working towards an asset-building model that enables anyone willing to put in the effort to grow their wealth over time. They recommend utilizing Children’s Savings Accounts (CSAs), to accumulate assets from birth as a form of financial aid.

Political attempts to address the student debt crisis often fail to acknowledge the lifelong effects on the ‘asset building capacity’ of young borrowers from different racial and economic backgrounds.  This oftentimes effects the students who stand to benefit the most from attending college who struggle with debt following graduation.  This has been termed the ‘Debt Divide’ – where those with the highest need for student loans are the most susceptible to the negative effects before and after graduation.  There is a significant difference in student debt taken on by someone from a low-income background and student debt taken on by someone from a middle- or upper class background, who have the extended family resources to take on that debt. A long-term solution is still needed to the student loan debt crisis.  Until there is a change as to how college educations are financed, the problem of student loan debt will remain.

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://time.com/3980583/student-debt-crisis/

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Building Credit after Bankruptcy: A Step-by-Step Guide

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Rebuilding your credit score after bankruptcy can be a challenge, but it’s not impossible.   In fact, many of our clients have a credit score between 680-700, just one year after filing for bankruptcy. The key to understanding how to rebuild your credit score is understanding the process.

Below are some helpful tips that have worked for our clients.

  • Get Your Credit Report. You can and should check your credit report regularly. Credit.com offers two free credit scores, which are updated monthly. You are also entitled to a free annual credit report from each of the three major credit bureaus.
  • Start Small. Begin with a secured credit card and pay it on-time every month. Eventually, you can get approved for an unsecured credit card with a small credit limit. Continued on-time payments will help improve your credit history and in turn improve your credit score.
  • Use Lines of Credit Responsibly. Do not obtain a new line of credit and then max out the balance. Experts recommend keeping your credit card utilization below 30%.  For example, if you have a credit card with a $1,000 credit limit, you do not want to charge more than $300 each month.
  • Pay on Time.  With continued on-time payments and proper management of your finances, your credit score will begin to improve following a bankruptcy.
  • Monitor Your Credit. Certain negative reporting may be removed if a creditor cannot validate the debt. By keeping a close eye on your credit report, you can dispute certain negative marks. Equifax offers a user-friendly online dispute tool for this purpose.
  • Understand Student Loans. If you have student loan debt, it is important to understand that these loans cannot be discharged through bankruptcy. Non-payment on student loans can prevent you from getting a mortgage or future lines of credit. Payment deferments, forbearance and missed payments can cause balances to increase significantly. The best way to tackle student loan debt is to set up a realistic repayment plan with your lender and stick to it.

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.cbsnews.com/news/how-i-am-rebuilding-my-credit-after-bankruptcy/

 

 

Foreclosures, Timothy Kingcade Posts

NEW Reverse Mortgage Ruling helps Seniors Stay in Their Homes

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The Federal Housing Administration (FHA), which oversees the nation’s most popular reverse mortgage program, has significantly changed the way it will handle reverse mortgages for “non-borrowing spouses” for the second time in 90 days.

Reverse mortgages are available to individuals 62 years of age or older, who own their home. The amount of tax-free funds received is based on the owner’s age, current interest rates and a current home appraisal.  However, a major issue has involved surviving spouses. In the past, many surviving spouses were left out of the loan documentation because they were too young to qualify when the reverse mortgage was signed.

This left the surviving spouse at the risk of foreclosure or having to immediately move out of the home they shared with their loved one.  The FHA’s recent decision will allow surviving spouses to remain in the home and avoid displacement during their lifetime. The ruling specifically pertains to households with reverse mortgages written before Aug. 4, 2014.

FHA guidelines indicate that the lender can assign the reverse mortgage to the U.S. Department of Housing and Urban Development (HUD) under the Mortgagee Optional Election (MOE). In April, the FHA rescinded the MOE and updated it this past June. The amended MOE will allow HUD to eliminate lawsuits brought by non-borrowing spouses.

Surviving spouses will enter what is referred to as an unlimited deferment period where they may remain in their home. Non-borrowing spouses will be required to be added or remain on the title, 90 days after the reverse mortgage becomes due. They also must continue payment of property taxes and insurance, and be married at the time the spouse passed away.

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.akron.com/akron-ohio-real-estate.asp?aID=27386

Bankruptcy Law, Timothy Kingcade Posts

Ways to Build Credit Without a Credit Card

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Building good credit is an important part of planning for the future.  A high credit score allows you the opportunity to borrow money for a car, a home, or even cover the costs of an unexpected medical bill. For many people, however, using a credit card to build credit may seem intimidating and scary.  Fortunately, there are other ways to build your credit score without having to open up a credit card account.

Below are some ways to build your credit score without using a credit card:

Credit-Builder Loans. Credit-builder loans are offered by certain credit unions or banks. You are allowed to borrow a small amount (usually under $1,000) and then make payments for 12 to 24 months. Payments go into an interest-bearing CD or savings account. On-time payments will help build credit.

Passbook or CD Loans. This loan uses the balance you already have in a savings account or CD to secure the loan. Making the agreed payments on time will reflect positively on your credit score.

Personal Loans. These loans are also offered by credit unions and banks; however, do not require collateral and typically have slightly higher interest rates than secured loans.

Peer Lenders. This type of loan will allow you to borrow money in order to establish a credit profile. Certain peer lenders report activity to the credit bureaus, so make sure you are aware of the consequences if payments are not made timely.

Federal Student Loans. These loans can be obtained without a credit check and are reported to the credit bureau, regardless of your activity. That’s why it is important to stay current on your payments. It is recommended that you do not take out these type of loans unless you absolutely need 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.

Source:

http://www.cbsnews.com/media/7-ways-to-build-credit-without-a-credit-card/