Kingcade Garcia McMaken, P.A. Bankruptcy Attorneys

Bankruptcy Law, Debt Relief, Foreclosures, Timothy Kingcade Posts

Hurricanes could bring with it another disaster: Foreclosures

Posted on December 8, 2017by Admin

As life returns back to normal for the hurricane ravaged parts of Florida, Texas and Puerto Rico, housing and consumer experts are warning of another crisis looming: The threat of foreclosure. Legal aid groups are working with borrowers who are struggling to make their current mortgage payments on homes made uninhabitable by the storm, while paying rent somewhere else.

Approximately, 4.8 million mortgaged properties were in the eye of Hurricanes Harvey, Irma and Maria, representing nearly $746 billion in unpaid principal balances, according to financial data firm Black Knight. In September, the number of loans that were more than 30 days past due rose 48% in Irma-affected areas and 67% in Harvey-affected areas, according to Black Knight found. The numbers have not been run yet for Puerto Rico.

For many homeowners, months of postponed payments were suddenly due all at once after that grace period ended, creating an overwhelming financial burden.

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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 McMaken website at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Debt Relief, Student Loans, Timothy Kingcade Posts

New House Bill Calls for Federal Student Loan Caps, End of Public Service Loan Forgiveness

Posted on December 7, 2017by Admin

A new bill from House Republicans could end Public Service Loan Forgiveness for student loans. The U.S. House of Representatives will consider proposed changes to the Higher Education Act, including limits on the amount of money students and parents can borrow in government student loan programs, and ending loan forgiveness programs for public interest employees. Approximately a quarter of jobs in the U.S. economy are considered public interest positions.

The earliest someone could receive loan forgiveness under the Public Service Loan Forgiveness (PSLF) program was October 2017, and not a single person has reported receiving loan forgiveness through the program.

The proposal also suggests changes to student loans’ income-driven repayment plans. Currently, if borrowers make payments of between 10 and 15 percent of their discretionary incomes the remainder of their school loans will be forgiven after 20 or 25 years.

Rep. Virginia Foxx (R-N.C.) and Rep. Brett Guthrie (R-KY) of the House Committee on Education and the Workforce introduced the 542-page legislation known as the Promoting Real Opportunity, Success and Prosperity through Education Reform (PROSPER) Act. The PROSPER Act, if implemented, would have borrowers in income-driven repayment plans “pay 15 percent of discretionary incomes for as long as it took to cover the amount they would have paid under a 10-year standard repayment plan,” according to the Wall Street Journal.

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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 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 McMaken, 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 McMaken website at www.miamibankruptcy.com.

Related Resources:

https://www.forbes.com/sites/zackfriedman/2017/12/06/house-bill-student-loan-forgiveness/#1f25540b7990

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

5 Signs it’s Time to File for Bankruptcy

Posted on December 6, 2017by Admin

Filing for bankruptcy is a complicated process and a decision that should not be taken lightly. But for some, it is the only solution that will get them out of debt and serious financial problems. So how do you know if bankruptcy is right for you? Here are five signs it’s time to consider filing for bankruptcy:

You are being sued by debt collectors. When you fail to make payments on a debt, that debt gets turned over to a collection agency. If the collection agency’s calls and letters go unanswered they may file a lawsuit against you. Fighting these lawsuits can be difficult and if you lose, you will likely end up paying more in attorneys’ fees and court costs. It is best to not let it get to this point. Filing for bankruptcy provides you legal protection against creditors and debt collectors. Once the automatic stay is issued, it bars any additional collection attempts, including lawsuits being filed against you.

Your credit cards are maxed out. This not only is affecting your credit score negatively, but you are likely trapped in a cycle of making only the minimum payment on these cards while the interest accrues to amounts you will never be able to pay off. Credit card debt is one of the easiest kinds of debt to discharge in bankruptcy.

Your wages are being garnished. If a creditor obtains a court order for a wage garnishment, your employer is required by law to abide by the order and withhold money from your check each pay period until the debt is paid off. If your wages are being garnished you can still be protected by the automatic stay, which will halt further wage garnishment.

You cannot afford your bills. If you were recently laid off from your job or had an unexpected medical expense, for many Americans it is just a matter of time before even a small amount of debt can spiral into something much greater. Chapter 7 bankruptcy is specifically designed for individuals and families whose income level is not sufficient to pay their debts.

You are in danger of losing your home. If your financial situation has reached the point where you are behind on mortgage payments and facing possible foreclosure, filing for bankruptcy can help you get caught up on those payments while staying in your home.

If you have any questions on this topic or are in financial crisis and considering filing for 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 McMaken 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 McMaken website at www.miamibankruptcy.com.

Related Resources:

https://smartasset.com/credit-score/4-signs-its-time-to-file-bankruptcy

Bankruptcy Law, Debt Relief, Student Loans, Timothy Kingcade Posts

New Survey Reveals the Hidden Cost of Debt

Posted on December 4, 2017by Admin

A survey of more than a thousand U.S. adults conducted by Harris Poll revealed that over half of the respondents said debt had negatively impacted their life. Some of the top sources of concern among respondents included: “relationship tension” with a spouse or partner (21%) causing them to mislead family or friends about their “financial situation” (11%), many worried about their debt in general, (31%), at work, (18%) and before they went to bed (25%), according to the survey.

All of these worries led many to stress about everyday financial decisions because of their debt (28%). Some of the respondents received letters and calls from collection agencies (19%).

However, it was Millennials who showed the greatest signs of stress, with 68% saying debt has had a “negative impact” on their everyday life, a higher percentage than other generations surveyed such as Baby Boomers (48%) and GenXers (59%).

Click here to read more on this story.

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Subprime Warning Issued by the Fed As Household Debt Hits New All Time High

Posted on November 30, 2017by Admin

U.S. household debt has grown $605 billion in the past 12 months, with $116 billion, accumulating in the latest quarter, according to the Federal Reserve Bank of New York. Debt is ballooning on mortgages, student loans and auto loans. Credit card debt has increased 3.1 percent in the latest quarter.

Total U.S. household debt was $12.96 trillion in the three months to September, up $116 billion from the prior three months. Debt levels were $605 billion higher than during the third quarter of 2016.

Auto loans grew by $23 billion and credit card balances increased by $24 billion, while student loans saw a $13 billion increase. Credit card balances increased by $24 billion. The combined credit card limit rose for the 19th consecutive quarter, with a 1.5% increase.

Some financial experts are saying this build-up is reminiscent to the financial crisis of 2007 and 2008. Federal data shows an increase in credit cards and auto loans moving into delinquency.

Aggregate household debt increased for the 13th consecutive quarter, rising by $116 billion (0.9%) to a new all time high. As of September 30, 2017, total household indebtedness was $12.96 trillion, an increase of $605 billion from a year ago and equivalent to 66% of US GDP, versus a high of around 87% in early 2009.

If you are struggling with debt, know your rights and what debt collectors can and cannot do. The Fair Debt Collections Practices Act (FDCPA) limits the tactics that debt collectors can take to collect on a debt.

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Related Resources:

http://www.zerohedge.com/news/2017-11-14/fed-issues-subprime-warning-household-debt-hits-new-all-time-high

Bankruptcy Law, Credit, Debt Relief, Student Loans, Timothy Kingcade Posts

Student Loan Borrowers Awarded $3.75 Million from Citibank

Posted on November 29, 2017by Admin

The Consumer Financial Protection Bureau said in a consent order that Citibank improperly misled borrowers into believing they were ineligible for a tax deduction on interest they paid on certain student loans. Student loan borrowers who were effected, will share $3.75 million in payments from Citibank for financial practices that forced them to make overpayments, a federal watchdog said this week.

In addition, the bank incorrectly charged late fees and extra interest to borrowers who were still in school and eligible to defer repayments on their student loans. Citibank also misled borrowers about their monthly bills and failed to disclose required information after the bank denied borrower requests to release loan co-signers.

“Citibank’s servicing failures made it more costly and confusing for borrowers trying to pay back their student loans,” Richard Cordray, the consumer bureau’s director, said in a statement issued with the announcement.

Federal law allows student loan borrowers to deduct as much as $2,500 in annual interest they pay on student loan debt. However, Citibank made statements that suggested the borrowers had not paid qualified interest or were ineligible for the deductions.

Click here to read more on this story.

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 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 McMaken 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 McMaken website at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Seniors and Bankruptcy: The Reasons Older Americans Are Filing

Posted on November 28, 2017by Admin

Medical debt is the No. 1 cause of personal bankruptcy filings in the United States and a key reason more seniors are filing for bankruptcy. Another reason for the uptick in bankruptcy filings among Americans 50 and older is the rising cost of healthcare. We recently did a posting on Tips for Seniors to Avoid Medical Debt. The 2005 Bankruptcy Reform Act made it more difficult for some consumers to qualify for bankruptcy, but it did not change the number of people who had more debt than they could afford to pay.

Making matters worse for older Americans are the collection practices of unscrupulous debt collectors. A recent report from the federal Consumer Financial Protection Bureau found that debt collection was the most-complained about product or service for consumers over 62.

Bankruptcy brings with it emotional relief and getting their case filed and debts discharged relieves so much stress for our clients. Seniors can protect assets through bankruptcy. Social security, 401(k)’s, pensions, qualified profit-sharing plans, and individual retirement accounts worth up to $1.245 million are all exempt from creditors during bankruptcy. This means that retirement income and savings are out of reach and protected under federal law. Protecting equity, which is the value of a property, minus the amount owed, is important for seniors. Using a homestead exemption, designed to protect the equity of a main residence in a bankruptcy, will usually keep retirees from losing their homes. Florida homeowners can take advantage of the fact that Florida does not have a limit on the equity that is exempt.

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Credit, Debt Relief, Timothy Kingcade Posts

Cyber Monday: Online Shopping Safety Tips

Posted on November 27, 2017by Admin

Cyber Monday is expected to be the biggest online shopping day of the year with $6.6 billion in sales. While consumers are busy capitalizing on the best holiday deals, it is important to remember to safeguard your personal information and shop safely. Scammers will be working overtime today and throughout the holiday season looking for ways to access shoppers’ personal information to open up new account in their names, take out loans, and even file for unemployment assistance.

Shopping online has become the preferred method of shopping for many consumers. In fact, according to Adobe Digital Insights consumers have spent $28.6 billion shopping online the first 21 days of November, up nearly 18 percent over last year.

The biggest threat consumers’ face when shopping online is identity theft. When you shop online, a lot of your personal information is required for you to make a purchase. Make sure you are shopping online at credible websites, merchants and trusted retailers. Be wary of websites that are selling “too good to be true” offers. Usually, they are just that. Verify a secured connection by looking for a padlock in the browser address bar and make sure the web address starts with https://. The “s” stands for secured.

Here are some additional online shopping safety tips to remember this Cyber Monday and throughout the holiday season.

Make sure you are purchasing items using a credit card with a chip in it. The e-chip generates a unique code for each transaction.
Do not use free Wi-Fi on your mobile device. When shopping online, make sure you are using a secure Internet connection. Do not do any sort of transaction that involves personal, financial, or credit card information while using an open and unsecured Wi-Fi connection. Use your own data plan or home wireless system to purchase online safely. Not doing so can leave you vulnerable to fraudsters adding malware to your device and when you go to make a purchase or login to your bank account, they can record sensitive personal information and passwords.
Beware of phishing scams. This is how many criminals get your credit card and personal information, often posing as trusted retailers like Amazon and Wal-Mart, offering huge discounts. Never click on the links provided in these emails.
Dedicate only one credit card to online purchases. Credit cards generally offer better purchase protection and fraud dispute than other payment method. Use a second account to pay bills, groceries, etc. This way if the card is compromised, it is easy to simply close out the account and request a new card.
When entering payment information online, you should verify that HTTPS is in your address bar to protect yourself from identity theft. URLs that begin with https:// instead of the standard http:// are secured by SSL – an internet security protocol.
Do not be fooled by confusingly similar website and domain names. Pay close attention to your retailer’s URL when shopping online.

The Department of Homeland Security offers useful and practical information at StopThinkConnect.org. Another online shopping consumer resource is the National Cyber Security Alliance at StaySafeOnline.org. If you have been a victim of cyber crime, or get suspicious phishing emails, report them to the FBI Internet Crime Complaint Center at IC3.gov. This site posts alerts on data breaches and emerging internet crime schemes.

Related Resources:

http://www.sun-sentinel.com/features/deals-shopping/sfl-cyber-monday-online-safety-tips-from-a-cybersecurity-expert-20171126-column.html

Credit, Debt Relief, Student Loans, Timothy Kingcade Posts

How the Tax Reform Could Affect those Paying off Student Loans

Posted on November 24, 2017by Admin

As lawmakers consider two different bills that would overhaul the tax code, several changes on the table could affect Americans who are paying student loans. The House version of the bill would eliminate some tax benefits for those with college costs. However, the Senate version of the bill would leave most of them untouched. Both bills would eliminate many tax breaks, however; they would also roughly double the standard deduction.

If you are currently paying off your student loans, you can use the student loan interest deduction to lower your taxable income by as much as $2,500. It is an “above the line deduction,” meaning it can be claimed without itemizing. It is available to borrowers with modified adjusted gross incomes up to $65,000 or $130,000 of couples filing jointly. The current tax deduction saves people a maximum of $625 per year. The proposed House bill would repeal the deduction while the Senate bill would keep it in place.

If you are paying for your child’s tuition you can currently claim the American Opportunity Tax Credit for up to $2,500 per child enrolled in college each year. The full credit is available to couples earning up to $160,000 per year and an individual earning up to $80,000 per year. The proposed House bill would expand eligibility to a student’s fifth year at a reduced benefit and the Senate version would keep the credit as it is.

Click here to read more on this story.

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 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 McMaken 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 McMaken website at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

How to Shop Smart on Black Friday and Cyber Monday

Posted on November 23, 2017by Admin

Whether you plan to shop online or hit the best black Friday deals, here are a few tips on how to shop smart this holiday season!

Do your homework now. It may seem like everyone has something on sale. However, research is key in finding the best deals. The first thing you need to do is make a list of the items you are hoping to purchase. Some retailers offer deep discounts on limited quantities or specific product models in order to lure in buyers. If you make a list, it may save you from buying something you don’t want, just because it is on sale. If you are looking for a specific item, check the price at multiple stores. Some retailers may be offering the same items for different sale prices.

Be tech savvy and take your time. Use the tools available on your smartphone, tablet or computer to track prices and make sure you are actually getting a bargain. Here are a few of the best apps and websites to help you save money on Black Friday.

CamelCamelCamel is available for Google’s Chrome and Mozilla’s Firefox web browsers. It tracks prices as they fluctuate on Amazon to make sure you are not leaping at a discount that is actually a small margin off a previously marked up price.
Invisible Hand is available for Chrome, Firefox and Apple’s Safari web browsers. It shows a discreet notification while you shop online that will alert you to a lower price at another retailer. It also has an iPhone app that you can use on the go.
Honey is another browser extension that automatically searches the web for coupon codes applicable to your purchases at online retailers before you check out. If it finds one, it will apply it to your cart to save you money.

Another option for online shoppers is to fill a cart, abandon it and then sometimes retailers will email you a coupon code or offer you free shipping on your order.

Don’t bother lining up. Unless you have a specific product in mind that has limited quantities, lining up all night is probably not worth it. Research suggests that almost any deal that you line up for on Black Friday will eventually be available online.

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