Kingcade Garcia McMaken, P.A. Bankruptcy Attorneys

Florida Brain Injury Hospital Files for Bankruptcy

Posted on January 10, 2013by Admin

The Florida Institute for Neurologic Rehabilitation Inc. filed for bankruptcy last week in Tampa. The hospital itself is located in Wauchula, a small city in Southwest Florida, and treats brain injuries. A few months ago, the state began investigating the hospital on reports of patient abuse and neglect. Along with three other affiliated institutions, the hospital filed Chapter 11 bankruptcy petitions on Friday. Court filings showed the institution owes between $3 million and $30 million to hundreds of creditors and their assets total less than $150,000.

In August, Florida officials ordered the hospital to send 50 patients to other facilities. This occurred shortly after a story by the Bloomberg News revealed the institution had a history of violence with its patients. The hospital’s creditors include: insurance companies, law firms, medical supply companies, water and electric utilities, the county tax collector and a public relations firm.

Or visit: http://www.miamiherald.com/2013/01/07/3170982/fla-brain-injury-hospital-files.html

If you are in a financial crisis and are considering filing bankruptcy, contact an experienced 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, P.A. at www.miamibankruptcy.com.

Credit, Foreclosures, Timothy Kingcade Posts

Bank Of America Settles with Fannie Mae For $11.6 Billion

Posted on January 9, 2013by Admin

Bank of America recently announced legal settlements exceeding $14 billion for its participation in fraudulent foreclosure processes and bad mortgages sold to its investors. BOA recently settled with federally backed mortgage giant, Fannie Mae, for $11.6 billion for selling bad mortgages to the company. BOA also agreed to stop collecting payments on $306 billion worth of mortgage loans to Nationstar Mortgage Holdings and Walter Investment Management Corp. Approximately $3 billion from the settlement were part of a deal between mortgage lenders and regulators to end a review of foreclosures mandated by the government. Experts say that the Bank’s agreement to the recent settlements is a step in the right direction.

Analysts estimate the lender’s settlements have amounted to $40 billion in mortgage-related settlements this past year. However, BOA is far from finished with legal troubles from its part in the real-estate crisis. The agreement does not settle the lawsuit brought forth by the U.S. Justice Department last year for bad loans sold to Fannie Mae and Freddie Mac. Also, Bank of America is still awaiting the court’s approval to settle for $8.5 billion with private investors.

Choosing the right attorney can make the difference between whether or not you can keep your home. A well-qualified attorney will not only help you keep your home, but they will be able to negotiate a loan that has payments you can afford. 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, P.A. website at www.miamibankruptcy.com.

Bankruptcy Law, Florida Bar, Timothy Kingcade Posts

Kingcade & Garcia, P.A. Files 1,070 Bankruptcy Cases for the Year in the Southern District of Florida

Posted on January 8, 2013by Admin

MIAMI – Kingcade & Garcia, P.A. (www.miamibankruptcy.com) a Miami-based bankruptcy law firm, focused solely on helping individuals and families throughout the Southern District of Florida in Chapter 7 bankruptcy and foreclosure defense cases, is pleased to announce it filed 1,070 total bankruptcy cases in 2012.

“We are honored to be able to help more than 1,000 families in South Florida eliminate their debt and get a fresh start with their finances,” said Founding Partner and Managing Shareholder, Timothy S. Kingcade. “We attribute this success to our unwavering dedication to our clients and never losing sight of their best interest throughout the bankruptcy process.”

Attorney Kingcade practices exclusively in the field of bankruptcy law, handling Chapter 7 bankruptcy filings and foreclosure defense cases for the Southern District of Florida. All partners and associates at Kingcade & Garcia, P.A. specialize in consumer bankruptcy and foreclosure and have dedicated their practices to this area of the law. Additionally, all attorneys and staff members at the firm are bilingual speaking Spanish.

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Miami-based Kingcade & Garcia, P.A. was established by managing partner and bankruptcy attorney, Timothy Kingcade in 1996. The firm represents clients throughout the Southern District of Florida in Chapter 7 bankruptcy and foreclosure defense cases. The firm is committed to providing personalized service to each and every client, clearly explaining the options according to the unique circumstances of his or her life. The office environment and the service provided are centered on a culture of superior client care. More information can be found at www.miamibankruptcy.com or by calling 305-285-9100.

Foreclosures, Timothy Kingcade Posts

Bill Filed to Speed Up Foreclosures in Florida

Posted on January 7, 2013by Admin

Last Thursday, Rep. Kathleen Passidomo filed a new bill proposing “faster foreclosures.” The bill offers many changes to civil procedures governing foreclosures. Florida has the highest foreclosure rate in the country and also one of the slowest. It currently takes more than 600 days for a foreclosure to run its course in Florida. However, many struggling homeowners rallied in Tallahassee last week to protest the faster foreclosure bill.

Paperwork problems have played a major role in the backlog of foreclosures in Florida for the past several years. The new bill would require lenders to certify they have the correct paperwork to legally foreclose. It also gives condo associations the ability to speed up the banks foreclosure proceedings if they are moving too slow. Condo associations have suffered major consequences from unpaid fees and abandoned homes since the housing market crash.

The bill Passidomo proposed also specifies that if a lender is sued for wrongful foreclosure practices, the lender can only be sued for monetary damages. The point of this is to eliminate any chance that the bank re-sells the home to a third-party, and then the family filing the lawsuit demands their home back in a settlement. A similar bill was proposed last year that passed in the Florida House but died in the Senate.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Don’t Let a Car Accident Wreck Your Credit

Posted on January 4, 2013by Admin

Many car accident victims are often burdened with major medical bills after their accident. In fact, according to a Harvard study 62 percent of bankruptcies are caused by outstanding medical bills. Insurance claims can be extremely confusing and differ according to state and policy. While waiting for your insurance claim to settle, these medical bills are often sent off to collection agencies. This in turn can have an immediate impact on your credit score. Insurance companies have a reputation for taking their time settling claims, leaving accident victims sitting on a mountain of debt.

Below are some ways to avoid the accident having a negative impact on your credit score:

1. Provide all health and auto insurance information to any health care providers you have seen after the accident. The worst mistake you can make is to assume that one or the other will be solely covering your medical costs. Also make sure you provide your claim number with your medical providers.

2. Even though it is a stressful time, you must be proactive. Promptly report the accident to your insurance company. If you delay your claim, insurance companies may try to use this against you as grounds for denying a claim.

3. Keep all of your mail, records, reports, etc., organized. Save every piece of mail you receive regarding the accident. This can include any type of correspondence between you, the medical providers or the insurance companies.

4. Educate yourself about balance billing. Most health care providers are required to follow certain billing procedures. If you are not aware of the procedures, you might become the victim of balance billing where you are not billed within a timely manner.

5. Do not hesitate to ask your insurance agent for help.

6. The best results come to those who are persistent. You may feel as though you are annoying your company’s adjusters; however, they are more likely to settle your claim in a timely manner if you are persistent.

7. It is not in your best interest to try and settle your claim alone. There are often important deadlines and procedures that you do not know, therefore consider hiring an attorney to help you through this process.

8. If you are denied a claim, challenge the denial. Your attorney can help you file a suit to rightfully claim your settlement.

9. The scary truth is that you may be liable for some of your medical bills. However, you can try to negotiate the amount you owe. Your attorney can also help you negotiate this with your health care provider.

To read more on this story visit: http://money.msn.com/credit-rating/will-a-car-crash-wreck-your-credit?page=2

Credit, Foreclosures, Timothy Kingcade Posts

Why Short Sales Can Ruin Your Credit

Posted on January 3, 2013by Admin

There has been a longtime notion that opting for a short sale as opposed to a foreclosure is a way to avoid a major hit to your credit score. Most homeowners find out after the fact that a short sale has the same effect that a foreclosure will have on your FICO score. In a short sale, homeowners basically hand over their keys to the lenders. The home is then sold for less than is owed on the mortgage. Many struggling homeowners are under the impression that their cooperation will be rewarded with a lesser hit to their credit score. However, foreclosures and short sales are considered the same occurrence in the FICO formula for credit scores and can remove between 140 and 160 points from a score.

The FICO research showed 72% of those with a foreclosure later defaulted on another debt, compared with 55.1% of those with a short sale and 50.1% of those who arranged a deed in lieu of foreclosure, which means they voluntarily surrendered their keys to the bank rather than going through formal foreclosure. Following the mass amount of defaults on mortgages from the housing market crash, the rate of short sales has spiked. Rather than fighting foreclosure, homeowners seem to have surrendered to the banks. In most foreclosure cases, economic conditions are the reason homeowners are unable to keep up with their mortgage payments. A hefty percentage of homeowners’ mortgages are now ‘underwater,’ meaning they owe more on their mortgage than their home is worth. FICO’s reason for not altering the formula is based on the notion that homeowners who are foreclosed on or participate in a short sale, are more likely to default on another loan in the near future.

To read more on this story visit: http://money.msn.com/credit-rating/why-short-sales-trash-your-credit?page=2

Bankruptcy Law, Credit, Timothy Kingcade Posts

January the Most Popular Month for Divorce

Posted on January 2, 2013by Admin

The first month of the New Year is reportedly the most popular time of the year to file for divorce. Below are five financial reasons why:

1. Year-End Bonuses are a contributing factor of why many couples wait until January to divorce. In most states, once a divorce has been filed, any income that comes in after, is separate. Year-end bonuses are commonly fought over in divorces.

2. Cooling Off can be another factor in why spouses wait until January to file for divorce. Spouses are aware of the fact that their significant other might be less likely to settle if their holiday was ruined.

3. Holiday Shopping can be disastrous if spouses are angry at one other. The spouse that has been served the papers may go on a spree with the idea that he/she deserves it while the opportunity is present.

4. Tax Returns are commonly thought to be a contributing factor to whether a divorce is filed in December or January. While it really makes no difference when the divorce is filed, many couples are under the assumption its best to start the New Year with a clean slate.

5. More Time to Plan is available if a spouse waits to file for divorce in January. Both spouses have most likely had some time off for the holidays and are able to get end-of-year statements together. There is more time for spouses to sift through finances and gain a better prospective on what the future holds.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Top 7 Financial Resolutions for 2013

Posted on January 1, 2013by Admin

Today marks the first day of 2013 and for many this is a time for making New Year’s resolutions. For some people, the resolution might be to improve their health or stop smoking, but for many this marks a time to make financial resolutions. To get your economic house in order, begin with these seven mantras:

1.) Start an emergency fund: Only one in four American households have an adequate emergency savings cushion. It’s recommended that the money be taken directly out of your paycheck or checking account so you will never miss it. The first priority should be building up three to six months’ worth of expenses in an emergency fund.
2.) Stop paying bank fees: As most people are aware, banks are trying to make up for lost revenue, so they charge on everything from monthly maintenance to overdraft protection. A May, 2012 Pew study reported that the average overdraft fee is $35, and said big banks charge an average of $117 per year. Opt for an online bank, a community bank, or a credit union—the only place you will find hassle-free, no-fee checking.
3.) Save for retirement: Whether you are 25 or 45, most people are not saving enough for retirement. Since the retirement contribution limits for IRA’s and workplace retirement programs both increase in 2013, there is room for everybody to save more for retirement this year than they did last year.
4.) Pay off your debt: According to a recent study by CardHub, credit card debt hovers around $6,700 per household. This does not include debt that people have defaulted on but are still responsible for. Pay down high-interest credit cards first, as less of the dollar will be going toward interest and more to the principal.
5.) Make a budget: People often shy away from this because they find it trivial or tedious, but it’s a necessity and will help you decipher between luxuries and necessities in your spending habits.
6.) Build your credit score: This is important, because the better your credit the more you can take advantage of rewards and zero percent introductory interest rates.
7.) Talk about money with your partner/family: Most people shy away from this because it can be uncomfortable. But it doesn’t have to be. Check in with your family members to see what plans they have in place to protect their heirs and assets. Make sure that your family is provided for in the unlikely event that you are injured.

To read more on this topic visit: http://abcnews.go.com/Business/top-financial-resolutions-2013/story?id=18026466

Bankruptcy Law, Credit, Timothy Kingcade Posts

Four Common Credit Card Mistakes

Posted on December 31, 2012by Admin

Credit cards are a great way to improve your credit score; however simple missteps in your credit card use can ruin your credit and leave you with unmanageable debt. Many people first encounter credit card trouble when they opt for short-term benefits and ignore the big picture. Cardholders are frequently enticed by flashy marketing campaigns and as a result, ignore the fine print terms of their cards.
Below are four common cardholder mistakes:
1. Credit card companies frequently offer signing bonus points to prospective cardholders. The majority of consumers do not read the fine print stating that a certain amount must be spent in a certain amount of time to receive these benefits. Consumers should be weary of increasing their spending to receive bonus points.
2. Credit card companies that use bonus points most likely have higher annual fees. A commonly used marketing tool is to waive this fee for the first year of card use. Consumers tend to disregard the fee since the first year is free and may not be able to afford it later.
3. If a cardholder is racking up interest on a card and having a hard time paying it off, it is not uncommon for them to transfer the balance to another card. Many consumers do so in order to receive a 0% introductory rate. In some cases, consumers skim the fine print and do not realize the interest on the card will be retroactive. Transferring balances from one card to another can also have a negative impact on consumers’ credit scores.
4. Department stores have been offering up discounts at the register in exchange for signing up for a store card for years. Oftentimes feeling rushed, it is common for consumers to overlook the fine print and sign off on inflated interest rates. Store card interest rates are rarely anything less than double digits; therefore consumers should forgo the discount!
To read more on this story visit: http://money.msn.com/credit-rating/4-costly-credit-card-missteps?page=2
If you are in a financial crisis and are considering filing bankruptcy, contact an experienced 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, P.A. at www.miamibankruptcy.com.

Bankruptcy Law, Timothy Kingcade Posts

Can Bankruptcy Eliminate Some of my Divorce Debt?

Posted on December 28, 2012by Admin

Many people who have gone through a divorce find themselves left with unmanageable debt. Bills that you once easily paid can be impossible for you to afford with only one income. An added stress is that you may also be required to pay alimony or child support. ‘Support’ payments can take a large amount of your monthly income. Unfortunately, these debts are not typically eliminated through any type of bankruptcy. However, if you are struggling to keep up with your other bills, bankruptcy may be the best option to help you get a handle on your other finances.
According to Section 523(a) of the Bankruptcy Code the following debts are non-dischargeable through bankruptcy:
• Certain types of taxes and particularly taxes where the debtor filed a fraudulent return.
• Debts which the debtor did not list in his/her bankruptcy papers
• Debts for a domestic support obligation arising from a divorce or other family law situation
• Property settlements arising from a divorce or other family law situation
• Most fines and penalties payable to a government unit
• Student loan debt
• Personal injury claims arising from the use of drugs or alcohol
• Criminal restitution
• Condominium or homeowner association assessments due after the debtor files for bankruptcy
Oftentimes debt that is shared between spouses will still be shared debt after a divorce. As a result, if one spouse files for bankruptcy, the creditors will expect the other spouse to fulfill the debt that was once shared. This can send the other spouse into bankruptcy as well. For this reason, couples are urged to file for bankruptcy before filing for divorce, in order to divide assets properly.
To read more on this topic visit: http://www.alllaw.com/articles/family/divorce/article62.asp
Or visit: http://bankruptcy.lawyers.com/consumer-bankruptcy/Personal-Bankruptcy-and-Divorce.html
If you are in a financial crisis and are considering filing bankruptcy, contact an experienced 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, P.A. at www.miamibankruptcy.com.