Bankruptcy Law

Applying for a Mortgage After Bankruptcy

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One of the biggest worries that filers have when proceeding with a bankruptcy case is how the matter will affect their ability to obtain financing in the future, including a mortgage for a new home. While a bankruptcy case does impact a person’s credit score, all hope is not lost for eventually being able to purchase a home and obtain a mortgage. It depends a great deal on the success of the bankruptcy case and the consumer’s financial habits after the case is closed.

A Chapter 7 liquidation bankruptcy case is a much faster bankruptcy route that takes several months to finalize, while a Chapter 13 reorganization bankruptcy case can take between three to five years to finalize. A Chapter 7 bankruptcy case can stay on a person’s credit report for up to ten years from the date of filing, while a Chapter 13 bankruptcy case can stay on a person’s credit report for seven years from the date of filing or ten years if the bankruptcy is not completed or discharged.

Bankruptcy Law, Lawyers in the News

Bankruptcy Attorney Timothy S. Kingcade Interviewed by The Miami Herald

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With about one out of every nine Miami-Dade workers — and nearly one out of every six in Broward — still out of a job due to the coronavirus pandemic, a question lingers in South Florida: How long can the region stave off an even worse economic disaster?

After a rough start, Florida’s unemployment system has come online to furnish tens of thousands of local workers with as much as $875 per week in unemployment insurance — the state’s standard $275, plus an extra $600 through the emergency U.S. CARES Act passed in March. But Florida’s unemployment insurance lasts only 12 weeks. And the extra $600 from Congress is set to expire July 31. Greater Miami ranks as one of the hardest hit metros in the country, thanks to its reliance on a tourism industry that has instantly dried up.

Bankruptcy Law

The Benefits of Filing Chapter 7 Bankruptcy

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A bankruptcy case can mean different things to different clients. For many of our clients, it means a chance at a fresh financial start. It also means freedom from crippling debt and an unending barrage of collection calls. It is for this reason that many individuals choose to file for Chapter 7 bankruptcy due to the many benefits this type of bankruptcy offers.

The benefits of filing for bankruptcy can include relief from debt collectors through the automatic stay issued at the start of the case, as well as relief of most of the filer’s debts, including medical bills, credit cards, personal loans, and other unsecured debts. By discharging these debts before they become legal judgments against the filer, he or she can avoid wage garnishment and repossession.

Foreclosure Defense, Foreclosures

Florida Homeowners Struggle to Pay PACE Home Improvement Loans

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Florida homeowners who have financed home improvements through help of an energy loan program are now struggling to pay back those debts. The program, named Property Assessed Cleaning Energy, also known as PACE, is a financing program used to fund improvements to property owner’s homes in Florida over the past three years.

PACE is offered only in three states throughout the country. For some South Floridians, the PACE program has been a blessing, but it has unfortunately ended up being more of a curse for many of them as they struggle to pay back their loans. This money meant the ability to install a new roof, solar energy systems, an air conditioning system or even hurricane-resistant impact windows. Through PACE, all of this would be financed with nothing down and no credit check. The applicant simply would need to show that he or she had equity in the home, had a good history of making mortgage payments on time, and could show that he or she had enough money to make payments on the PACE loan.

Debt Collection, student loan debt, Student Loans

How the Supreme Court’s Recent Decision Affects Student Loan Debt Collection

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A recent U.S. Supreme Court decision has implications for how student loan debts will be collected.  This week, the court issued a 6-3 ruling that debt collectors collecting on government-owned debts cannot do so by robocalling mobile devices.

The ruling came from Barr v. American Association of Political Consultants, a case involving a 1991 law banning the federal government from using robocalls to collect on debts. Specifically, the case was brought after a 2015 revision was made by Congress to the 1991 that allowed a distinct group of creditors to collect on government-owned debts, including defaulted federal student loans.

Debt Collection

Cellphone Robocall Ban Upheld by U.S. Supreme Court

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The U.S. Supreme Court issued a ruling this week that upheld a federal ban on robocalls to mobile devices. The ruling issued by the court broadened the ban, eliminating a 2015 exception that previously existed for government-debt collection while keeping the original 1991 robocall ban intact.

The matter came before the court in Barr vs. American Assn. of Political Consultants. Due to the coronavirus pandemic, the case was ironically argued remotely via telephone. The ban was originally created by the 1991 Telephone Consumer Protection Act, which issued fines up to $1,500 for any call or text placed to a mobile phone without prior consent by use of an automatic, robocall dialing or automated voice messaging system. The issue at hand arose after Congress created an exception to the law in 2015, that allowed for automated robocalls to consumers who owed debt to the U.S. government.

Bankruptcy Law, Kingcade Garcia McMaken

How to Choose a Bankruptcy Lawyer

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Making the decision to file for bankruptcy can be a difficult one, but choosing the right bankruptcy attorney to handle your case can be even harder.  It helps to do your research, not only online but in person, too. The following tips can help someone who is considering filing for bankruptcy choose the best attorney for the job.

Experience Matters

Many people will start their search on the Internet, looking online to find a bankruptcy attorney. Experience is one factor that should always be considered when choosing an attorney. Experience does not just mean years practicing law. It is important to find someone who has filed cases in bankruptcy court and handles bankruptcy matters regularly. It helps a great deal to find someone who focuses his or her practice solely on bankruptcy law and who handles the specific type of bankruptcy the filer is pursuing instead of a general practice attorney who handles a little bit of everything. Many attorneys will handle only Chapter 7 bankruptcy cases, while others will handle corporate bankruptcies, restructuring and reorganization.

Coronavirus, COVID-19, Financial Advice

When You Should Use Your Emergency Fund

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Financial experts recommend that consumers put away a little money every paycheck towards an “emergency fund.”  This money is meant to cover the ‘unexpected expense,’ whether that be a car repair, medical bill, or essential home repair. With the current coronavirus (COVID-19) pandemic and many people losing their jobs, it may be time to utilize your emergency fund.

Financial Hardship

One of the most common circumstances where a person would utilize their emergency fund is in response to financial hardship. The stimulus funds offered by the CARES Act helped for a short period of time, and many landlords, mortgage holders, credit card companies and other creditors have been willing to work with individuals who are struggling to pay their bills as a result of this crisis. However, even with that help, a person may still need to take some money from their emergency savings to pay for bills that need paid. Once your income returns, then begin replenishing the money taken from savings.

Debt Collection, Debt Relief, Medical Debt

How Long Does Medical Debt Remain on a Person’s Credit Report?

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After suffering a serious injury or illness, it can be hard to pay the bills that inevitably follow. Considering how many Americans are now facing medical debt in light of the coronavirus (COVID-19) pandemic, many wonder the effects this will have on their credit score and how long the debt will remain on their credit report.

After medical debt has been reported to the credit bureaus, it can remain on a consumer’s credit report for up to seven years. However, a person’s medical debt is not immediately reported to that individual’s credit as soon as it is incurred. It will not be reported to a person’s credit so long as that debt remains with the original service provider. Once a person defaults on the debt and it goes to collection, only then will the medical debt begin to show up on a person’s credit report.

Foreclosure Defense, Foreclosures

Federal Ban on Foreclosures and Evictions Extended through End of August

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As the coronavirus has put hundreds of thousands of Americans out of work, many are struggling to pay necessary living expenses, including rent and mortgage payments.  At the start of the pandemic, many states, as well as the Federal Housing Finance Agency (FHFA) issued a temporary ban on foreclosures and evictions to help alleviate this burden.

This week, the FHFA has announced that they will be extending this ban on foreclosures and evictions through at least August 31.