Bankruptcy Law, Consumer Bankruptcy

Steps to Take Before Filing for Bankruptcy

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Before filing for bankruptcy, certain steps should be taken by the consumer to ensure that the case goes smoothly and is successful. Many times, it can help to sit down with a bankruptcy attorney for a free consultation, to discuss any potential issues that could arise in the case and to ensure that all the proper steps are taken by the consumer before filing.

Stop using credit cards.

One of the reasons people file for bankruptcy is due to insurmountable credit card debt. As soon as someone decides to file for bankruptcy, it is always recommended that he or she immediately ceases using their credit cards. Bankruptcy courts will view creating more debt when the person knows that it will never be repaid as a form of bankruptcy fraud.

Foreclosure Defense, Foreclosures

How Long Does a Foreclosure Stay on Your Credit Report?

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Many times, consumers facing a foreclosure fear what the proceeding will do to their credit scores. Will a foreclosure prevent them from receiving financing in the future? Will it hurt their chances of purchasing a home again in the future?  While the effects of foreclosure can be far-reaching, it does not mean that all hope is lost for that person ever owning a home, again.

The good news is that even though a foreclosure will almost certainly have a negative effect on a person’s credit score, rebuilding your credit score can start immediately after.

Medical Debt

Major Credit Reporting Agencies to Remove Majority of Medical Debt from Consumers’ Credit Reports

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Beginning in July 2022, the three major credit reporting agencies, Equifax, Experian, and TransUnion, announced they will remove approximately 70 percent of medical collection debt from their credit reports.

Specifically, paid medical collection debt will be the debt no longer included on consumer’s credit reports. The hope behind these efforts is to allow consumers more time to address their medical debt with their healthcare providers and insurance companies prior to the debt being reported.

Consumer Debt, Consumer News

Survey Shows 1 in 5 Workers Run Out of Money Before Payday

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As the cost of living rises and inflation is at an all-time high, many American households have been pushed to the brink. According to a recent study from Salary Finance, 1 in 5 workers cannot make it from paycheck to paycheck.

As the cost of living continues to rise, many Americans are finding themselves struggling to make ends meet.  According to Salary Finance, approximately 20 percent of employees run out of money before their next paycheck. This is up five percent from the previous year.

Small Business Bankruptcy

The Future of Small Business Bankruptcy

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The COVID-19 pandemic hit the nation’s economy hard, forcing many businessowners to make some tough decisions regarding their business’s future. Government stimulus efforts, as well as lower interest rates, kept many businesses afloat, which brought Chapter 11 bankruptcy filings to an all-time low.

At the same time, Subchapter V of the 2019 Small Business Reorganization Act (SRBA), opened the doors and made filing for Chapter 11 bankruptcy simpler and more streamlined for attorneys and business owners. The CARES Act temporarily also tripled the debt limit for eligible small businesses to file for bankruptcy. However, now that those measures are coming to an end, Congress has been asked to pass legislation to extend the measures, keeping the elevated limit of $7.5 million. These measures failed last week, and the limit expires as of Sunday.

Bankruptcy Law, student loan debt, Student Loans

Democrat Lawmakers Push for Student Loan Debt Bankruptcy Reform

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Discharging student loan debt through a consumer bankruptcy case has been next to impossible for borrowers facing a financial crisis. Bankruptcy reform advocates have been calling upon lawmakers to make this process easier for student loan borrowers with no success. Recently, several prominent Democrat lawmakers have called upon the president to help make these reforms through executive action. In addition, they have also sent separate requests to two federal agencies to do the same.

In order to receive a discharge for their federal student loan debt, borrowers facing a bankruptcy proceeding have been required to file a separate legal action within their already open bankruptcy case and to prove that they would suffer an “undue hardship” if forced to continue paying on their student loan debt.

Timothy Kingcade Posts

As Home Rental Prices Soar, Rent-Control Measures Return

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With rent prices surging across the country, legislators are looking for ways to curb the surge and help tenants stay in their homes. State lawmakers have come up with different options for rent control legislation to help with the effort, including putting a limit on how much landlords can increase their rent.

For the most part, rental prices have been on the rise since the start of the COVID-19 pandemic. According to real-estate broker, Redfin Corp., rental prices are up on average by 18 percent over the past two years. Most of these proposals restrict how much a landlord can raise rent by no more than two to ten percent in an effort to hold off any continued increase.

Debt Collection

Can a Debt Collector Contact me on Facebook?

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Debt collectors will resort to any tactic possible to contact a consumer regarding an outstanding debt. Traditionally, these communications have come in the form of phone calls or letters, but as technology has advanced, text and email communication have become a common way of reaching consumers. Debt collectors are also resorting to tracking people down through their social media accounts.

A federal agency issued a new rule that allows debt collectors to contact people by email, text message, and social media platforms, including Twitter, Facebook, and Instagram.

Debt Collection

What Behavior Is Considered Harassment by a Debt Collector?

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Most people never expect to fall behind on their debts. Sometimes, however, circumstances beyond a person’s control result in them being contacted by a debt collector. This is not uncommon today. In fact, 77 million American consumers or 35 percent of all adult consumers have a debt in collection.

Being on the receiving end of debt collection phone calls and other communication can be extremely stressful. Debt collectors are paid to do whatever they can to get a consumer to pay off a debt, which often results in the collectors trying to reach the consumer through phone calls, emails, texts, and direct mail so much that it borders on harassment. However, federal law prohibits certain behaviors from third-party debt collectors to protect the consumer.

Bankruptcy Law, Consumer Bankruptcy

How Much Debt Do You Have to Have to File Bankruptcy?

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When it comes to filing Chapter 7 bankruptcy, the filer must meet a certain threshold when it comes to his or her debt-to-income ratio and qualify under the means test. However, there is no requirement that the filer carry a certain amount of debt to file Chapter 7 bankruptcy.

Federal bankruptcy law dictates the eligibility requirements to file Chapter 7 bankruptcy. The biggest of these requirements is the means test which compares the filer’s income to his or her debt. The means test is a two-step process. The first step requires looking at the consumer’s income as compared to Florida’s average income. If the filer’s income is higher than the median income for a household in Florida, the filer will need to then take the second part of the means test.