The CEO of one of the nation’s largest tax representation firms, John K. Harris, has suspended all current operations at JK Harris and will reportedly file Chapter 11 bankruptcy. Since October 2011, Harris has been attempting to restructure and possibly sell the business and two affiliates under Chapter 11 bankruptcy protection.
Harris is calling the firm’s current state a “reorganization process.” By filing Chapter 11 bankruptcy, Harris is attempting to keep many of the company’s assets while reorganizing and restructuring JK Harris’ finances.
The company who made its name by marketing the slogan, “resolving taxpayer’s debt issues for pennies on the dollar,” has been in financial crisis after multiple client settlements, where plaintiffs claimed they had been misled by JK Harris. Harris’ firm has a countless number of former and current clients who claim to have paid large amounts in fees after being promised compensation and receiving little, if any, return.
To read more on this story visit: http://www.examiner.com/tax-preparation-in-national/jk-harris-to-file-bankruptcy-shutdown-fueled-by-taxpayer-complaints
If you are in a financial crisis and are considering filing Chapter 13 bankruptcy, contact an experienced attorney who can advise you of all of your options. Our bankruptcy attorneys at Kingcade & Garcia can help families and individuals get the most out of Chapter 13 bankruptcy. We fully evaluate your financial situation, debt and income to make sure that Chapter 13 is your best option. Many people who come to our firm are surprised to discover that Chapter 13 may not be the right option, and that with the assistance of an experienced and qualified lawyer, they can be better served by Chapter 7’s debt elimination strategies. You can find more useful consumer information on the Kingcade & Garcia, P.A. website at www.miamibankruptcy.com.
Minnesota Bankruptcy Case Leads to an Unforeseen Religious Dispute
U.S. Bankruptcy Judge Nancy Dreher ordered the arrest of Attorney Naomi Isaacson in Minnesota after an on-going bankruptcy case lead to an unveiling of religious and racial slurs in court documents against Judge Dreher and other court officials.
Isaacson represented a subsidiary group in the bankruptcy case called the Samanta Roy Institute of Science and Technology. After failing to turn over mandatory court documents and making accusations of bigotry and conspiracy in a memo concerning the court officials, Judge Dreher placed Isaacson under arrest. She also ordered that she and another attorney involved each pay $5,000 in penalties and attend legal ethics classes.
Judge Dreher, who claims no particular religious faith was repeatedly named “Nancy Dreher, the Catholic Judge,” in the memo. “It is referring to a mentality and an adherence to a universal creed of White Supremacy,” Judge Dreher stated, after reviewing the memo.
Judge Dreher has turned the matter over to Chief U.S. District Judge Michael Davis for further review.
To read more on this story visit: http://www.chicagotribune.com/news/chi-ap-mn-anti-catholicfili,0,209481.story
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. 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. website at www.miamibankruptcy.com.
Surprising New Trend Emerges in America’s Troubled Housing Market: Big Banks agree to cut losses in order to save homes at the risk of Foreclosure
In 30 percent of private loan modifications last year, large banks like Bank of America, have agreed to a principal write-down, cutting the amount homeowners owe on their home as far down to the current market value. This is in an effort to allow borrowers to actually afford payments on their home. With housing prices plunging back down to earth after the housing bubble burst and incomes remaining flat, banks are hoping to now match affordable homes with people who can actually afford them.
Bank of America has been the first big bank to launch a pilot project with Boston Community Capital, a nonprofit that is buying homes at market value and reselling them to current homeowners at a slight markup, so the homeowners can actually afford the payments. Some experts have described this as ‘overdue housekeeping’ for America’s economy. Banks clear their balance sheets, investors get a predictable stream of income, and homeowners get to stay in their homes.
To read more on this story visit:
http://www.npr.org/2012/01/02/143601604/in-mortgage-crisis-some-banks-agree-to-cut-losses
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 Filings Down in 2011
According to recent statistics from the Administrative Office of the U.S. Courts, bankruptcy cases filed in federal courts for fiscal year 2011 totaled 1,467,221, down 8 percent from the previous year. This was reflected in the filings of all bankruptcy chapters. Chapter 7 filings in 2011 were down 10 percent from 2010. Chapter 13 filings fell 4 percent. Chapter 11 filings fell 16 percent and Chapter 12 filings were down 4 percent.
Personal bankruptcies in South Florida fell in 2011, for the first time in five years. Attorney Timothy Kingcade attributes this to the backlog of foreclosures and under-employment. Many homeowners facing foreclosure have been able to put off bankruptcy as the lenders dealt with investigations of robo-signing and other issues stalling foreclosures in court. Filing for personal bankruptcy in South Florida can cost $2,000 or more, including lawyer’s fees, court costs, and mandatory credit counseling. With the number of South Floridians being out of work, filing for bankruptcy has become a luxury.
In December, 2,470 residents filed for bankruptcy in the South Florida district, which includes Palm Beach, Broward and Miami-Dade counties, according to the U.S. Bankruptcy Court in Miami. That was down 9 percent from November. For the year, there were 34,492 filings, down from about 38,000 in 2010.
To read more on this story visit: http://www.uscourts.gov/News/NewsView/11-11-07/Bankruptcy_Filings_Down_in_Fiscal_Year_2011.aspx
http://www.sun-sentinel.com/business/fl-bankruptcies-2012-20111223,0,5953361.story
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. 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. website at www.miamibankruptcy.com.
Beware of taking Cash Advances before Filing Bankruptcy
It’s important to remember that not all debt is dischargeable in bankruptcy. Almost all credit card debts are dischargeable, but when it comes to cash advances ‘The Bankruptcy Code’ provides that any cash advance, or combination of cash advances totaling more than $875 obtained within 70 days of the bankruptcy filing date are presumed to be non-dischargeable.
This rule, contained in Bankruptcy Code section 523(a)(2)(C)(i)(II), was imposed by Congress because it felt that consumers who obtained significant cash advances relatively close to their filing date knew, or should have known that they would be seeking bankruptcy relief. It was also designed to prevent consumers from running out and taking cash advances shortly before filing bankruptcy with no intention of paying on the debt.
If you are considering filing for bankruptcy and have recently taken out a large cash advance, it’s important you discuss this with an experienced bankruptcy attorney which can advise you of all your of options. 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. website at www.miamibankruptcy.com.
BREAKING NEWS: Florida’s Foreclosure Mediation Program Cancelled
On December 19, 2011, Chief Justice Charles T. Canady signed an order that terminated Florida’s mandatory foreclosure mediation program. The program was originally established as a means for the court system to address the overwhelming number of mortgage foreclosure cases coming through the system, and level the playing field between foreclosure victims and big banks.
This is another huge win for big banks. Cases already referred to and pending mediation prior to December 19, 2011 will remain in the program through completion of mediation. After the date of the order, no new cases may be referred to Florida’s Foreclosure Mediation Program.
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. If you have any questions on this topic please contact foreclosure defense attorney, Timothy Kingcade at (305) 285-9100. He 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. You can also find useful consumer information on the Kingcade & Garcia, P.A. website at www.miamibankruptcy.com.
Latest Decision out of the 4th District Court of Appeal in Florida ruled that Ownership Must be Proven at Time Foreclosure is Filed
The latest foreclosure decision out of the 4th District Court of Appeal in Florida ruled that the plaintiff in a foreclosure must prove ownership of the property at the time the foreclosure case is filed. In McLean v. JP Morgan Chase, the appellate court reversed the trial court’s entry of summary final judgment in favor of the bank because the bank failed to provide evidence that, at the time the case was filed, it “obtained its rights and standing to proceed in this cause” prior to the filing date.
In reversing this decision, the 4th DCA said:
‘While it is true that standing to foreclose can be demonstrated by the filing of the original note with a special endorsement in favor of the plaintiff, this does not alter the rule that a party’s standing is determined at the time the lawsuit was filed.’
While this ruling is viewed by many as stating the obvious, because of the immense volume of foreclosure cases in Florida courts, some judges are forgetting their most important job is interpreting the law. Many judges have made it their top priority to clear out the backlog of foreclosure cases, even it means ignoring Florida Statutes, Florida case law, the Rules of Evidence and Rules of Procedure. This can leave the plaintiff at a disadvantage in these foreclosure proceedings.
To read more on the latest foreclosure decision out of Florida, visit: http://www.leagle.com/xmlResult.aspx?xmldoc=In%20FLCO%2020111214197.xml&docbase=CSLWAR3-2007-CURR
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.
South Florida Foreclosure Rates Three Times Higher than National Rate
South Florida is suffering from some of the region’s worst foreclosure rates; three times higher than the national rate. While 90-day delinquency rates declined slightly in September, reports show that foreclosure activity did not vary much from year to year, according to CoreLogic, a leading provider of consumer, financial and property information.
Miami-Dade County’s foreclosure rate topped the charts in South Florida, at 18.22 percent in September, up 0.59 percent from a year ago. Other counties in the region range from 12.91 to 14.41 percent. The national foreclosure rate was at 3.48 percent in September.
The 90-day delinquency rate for Miami-Dade County was at 25.18 percent, more than three times that of the rest of the country. Broward County’s rate was at 20.6, while Palm Beach reported 18.21 percent.
The distressed sales in the housing market continue to weigh down South Florida. Miami-Dade County had just a slight price increase for home sales in October. In contrast, Broward and Palm Beach counties numbers continue to drop.
Despite the fact that Florida continues to suffer in the market, it has not topped the rankings for housing depreciation. Nevada led with a 12.1 percent drop for the 12 months, which ended in October.
To read more on this story visit: http://www.bizjournals.com/southflorida/news/2011/12/08/south-florida-foreclosures-still.html
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.
Record Highs in Foreclosure Processing Time
Foreclosures continue to make headlines. This time it is for the time it takes foreclosed properties to be processed through the legal system. The average loan in foreclosure has now been delinquent a record 631 days, according to a recent report from Florida-based Lender Processing Service.
The effects of “robo-signing” continue to linger in a number of states, requiring cases to go before a judge. The difference in processing time comes down to judicial versus non-judicial states. Non-judicial state foreclosure inventories are less than half those of judicial states, like we have here in Florida.
This discrepancy between judicial and non-judicial states is not new. Prior to the worst of the housing market crisis, loans were 4-5 months more delinquent in judicial states at the time of foreclosure sale. Today, these numbers are closer to 8 months, but are likely to return to the 4-5 month difference depending on the sale of these foreclosed properties.
New foreclosures continue to outnumber foreclosure sales 3:1, with repeat foreclosures making up nearly 45 percent of new foreclosures. On the other hand, loans from 2010 and 2011 are now the best performers on record due to strict credit requirements.
Recovery is predicted to be a slow one. With a record-high inventory of foreclosures combined with the already historically high existing home inventory, these distressed foreclosure properties will sell at a deep discount, which is likely to bring down the prices of surrounding homes.
To read more on this story visit: http://www.cnbc.com/id/45507581
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.
Whistle Blower on Massive Foreclosure Fraud Case Found Dead
Tracy Lawrence, the notary public who initiated the robo-signing fraud indictments was found dead in her Las Vegas home on November 28, 2011 at the age of 43. Authorities are still investigating the exact cause of her death.
At the beginning of November this year, Lawrence came forward and admitted to the Nevada Attorney General’s Office that she notarized 25,000 fraudulent documents for Lender Processing Services, a Florida company used by most major banks to process home repossessions. The documents were filed with the Clark County Recorder’s Office between 2005 and 2008, The Los Angeles Times reported.
Lawrence also accused two loan officers, Gary Trafford and Geraldine Sheppard, who both worked for Lender Processing Services, of allegedly running the massive robo-signing scheme, forging signatures on tens of thousands to millions of default notices nationwide.
Her involvement in the robo-signing scandal left her facing up to one year in jail and a fine of up to $2,000. Speculations of suicide or natural causes are circulating as the cause of her death, but considering her role in the upcoming criminal prosecution of Trafford and Sheppard, her timely death does spark suspicion of a potential homicide.
To read more on this story visit: http://usnews.msnbc.msn.com/_news/2011/11/29/9099162-foreclosure-fraud-whistleblower-found-dead
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.