Bankruptcy Archives - Page 17 of 34

Bankruptcy Law, Credit, Timothy Kingcade Posts

Grieving parents hit with $200,000 in student loans

Posted on August 12, 2014by Admin

Losing their 27-year old daughter, Lisa, to liver failure was devastating enough, but then the student loan bills started coming. Steve Mason and his wife Darnell immediately took in their daughter’s three children- ages 4, 7 and 9 following her death. The family had co-signed on $100,000 in private student loans that his daughter took out for nursing school. Unable to keep up with the payments and mounting expenses, the $100,000 debt ballooned to $200,000 as a result of late fees and interest rates as high as 12%.

Steve called the lenders to explain he could not afford the $2,000 a month payments, but unfortunately private lenders are not bound by any federal requirements to help borrowers or co-signers. Loan forgiveness is up to the discretion of the individual lender. Navient Corp., which manages several of the loans said they reduced the balance owed to $27,000 from nearly $35,000 and lowered the interest rate to 0% on three of four loans. The family was less fortunate with American Education Services, which handled the bulk of Lisa’s student loans. The lender refused to provide the family with any relief.

Dreams for retirement have been shattered for the Masons. The family has considered filing bankruptcy, but student loans are the only type of debt that generally cannot be discharged through bankruptcy. Legislation aiming to help families in similar situations, including recent bills that would allow student loan debt to be discharged in bankruptcy, have been introduced over the years but have yet to pass in Congress.

“People with other debt from splurging — they can discharge that,” Mason said. “Student loans should really be the one type of debt they do discharge because it’s done to further an education and career. But somehow getting [my daughter] an education has encumbered me for the rest of my life.”

The Masons are not alone. Similar financial nightmares are facing families throughout the country. For now, the only option parents have is to negotiate a payment plan with the lender or try to prove undue financial hardship to the courts in order to get the debts discharged in bankruptcy.

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 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 website at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Foreclosures, Timothy Kingcade Posts

When should you consider bankruptcy?

Posted on July 29, 2014by Admin

Many consumers struggling to pay off credit card debt or medical bills wonder when the right time is to file for bankruptcy- or if bankruptcy is even the best option for them. It makes little sense to continue struggling against a mound of debt you are not even making a dent in with monthly payments– or maybe you are no longer able to afford those payments. A good rule thumb is, if it would take you five years or more to repay what you owe, you should consider filing for bankruptcy. Why five years? Because that is how long you would be required to make payments under a Chapter 13 repayment plan.

However, most consumers qualify for Chapter 7 bankruptcy, which is typically faster (takes approximately three to four months, as opposed to five years) and erases all of your credit card debt and medical bills. If lower interest rates would help you pay off the debt within five years, consider scheduling an appointment with a credit counselor associated with the National Foundation for Credit Counseling (www.nfcc.org). These nonprofits can set you up with debt management plans that may offer you lower rates on your credit card debt.

Many people feel an obligation to pay what they owe, even if in reality they will never be able to pay off the debt. Bankruptcy laws allow individuals to gain a fresh start, so they can take care of themselves and their families. If you are behind on your mortgage payments, filing for Chapter 7 bankruptcy can allow you to stay in your home and catch up on your payments or negotiate with your lender. This is all thanks to the automatic stay which immediately goes into effect and prohibits your mortgage lender from foreclosing on your home.

If you are in a 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, 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 website at www.miamibankruptcy.com.

Bankruptcy Law, Timothy Kingcade Posts

Consumer Warning: Beware of Companies Offering Student Loan Debt Relief

Posted on July 15, 2014by Admin

With student loan debt exceeding $1 trillion, a record number of graduates facing a tough job market are struggling to afford their monthly payments. For the debt settlement industry, these consumers are an irresistible target and represent of gold mine of potential new customers. Federal and state regulators have spotted new instances of abuse as these companies are shifting away from their traditional targets- credit cards and mortgage debt- and focusing in on student loans.

Illinois is expected to become the first state to bring legal action against debt settlement companies in connection with their student loan practices, contending in two separate lawsuits that Broadsword Student Advantage and First American Tax Defense tricked vulnerable borrowers into paying for help that never arrived.

In the lawsuit, the Illinois attorney general contends that these two companies lured unsuspecting borrowers into paying hundreds of dollars upfront, misled customers about those fees and in some instances pretended to be affiliated with federal relief programs. Even more egregious, the companies sometimes charged customers for debt relief assistance they could have received free from the Education Department.

The abundance of these student loan debt relief companies reflects a growing crisis- students taking on more debt than they can ever afford to repay. Of the $1.2 trillion dollars in outstanding student loan debt in the United States, an estimated seven million Americans have already defaulted on a total of $100 billion, with tens of thousands more borrowers defaulting each month, according to the Consumer Financial Protection Bureau.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Beware of Filing Bankruptcy Pro Se

Posted on July 10, 2014by Admin

The Internet has given average consumers the ability to Google everything from how to change a flat tire to how to replace a kitchen sink. However, there are certain tasks that should be left to the professionals. Filing for bankruptcy is one of them.

Bankruptcy laws significantly changed in 2005, making it more difficult to file. There are also crucial steps in the bankruptcy process, including appearing before a bankruptcy trustee and a meeting of creditors. These two steps can be intimidating for individuals not familiar with the process. Not to mention the complex legal forms involved with filing bankruptcy. A single mistake or oversight on one of these forms can cause you to lose your property and assets or your case to be dismissed.

Consulting with an experienced bankruptcy attorney will help you fully understand your legal options and avoid these pitfalls. The court in the 1973 case of The Florida Bar v. American Legal & Business Forms, Inc. ruled that non-attorneys selling package forms or “kits” for performing legal services as the unauthorized practice of law if any instructions or advice on their preparation is included.

The recent case, In re Falck reveals how some predatory individuals have taken advantage of consumers who are struggling to manage their debt and stay in their homes. The defendants solicited debtors through the mail pitching their mortgage foreclosure defense scheme. They charged debtors monthly payments, along with illegal and excessive fees, and then later claimed the debtor never paid. These individuals were not licensed attorneys in Florida or in any other state and did not file the proper disclosures. The court noted there were hundreds of debtors victimized by this mortgage foreclosure protection scheme.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Credit Repair Company GUILTY of Deceiving Consumers and Lying to Credit Bureaus

Posted on July 8, 2014by Admin

RMCN Credit Services, Inc., one of the nation’s largest credit repair companies, has been ordered to pay $2.35 million in civil penalties after it violated federal law by deceiving consumers and lying to credit bureaus. The company reportedly would charge consumers up-front fees- as much as $2,000 before rendering services. The court order bars the defendants, Doug and Julie Parker, the owners of the company, from similar conduct in the future. The company is also required to submit reports to the Federal Trade Commission (FTC) for a decade to ensure that it is incompliance with the terms of the order.

According to the FTC, the company “continued to send deceptive dispute letters to credit bureaus even after the company received detailed billing histories or signed contracts from creditors proving the credit reports were accurate. RMCN also falsely told consumers that federal law allowed it to dispute accurate credit report information and credit bureaus must either prove it or remove it.”

Bankruptcy Law, Credit, Timothy Kingcade Posts

Debt Collectors Paying the Price for Every Time They Call

Posted on June 30, 2014by Admin

Thanks to a new ruling, consumers who have requested debt collectors not call their cell phones are entitled to collect damages of up to $1,500 per call. In the recent 11th Circuit case, Osorio v. State Farm Bank, the court reinforced restrictions under the Telephone Consumer Protection Act that prohibits debt collectors from using automated dialing systems (i.e. – “robocalls”) to contact consumers on their cell phones without their permission.

The Telephone Consumer Protection Act has been federal law since 1991. However, this ruling is significant because in the past, courts have been divided as to whether consumers who have given their cell phone number to a creditor or collector can revoke that privilege, and if so, whether they can do so verbally. In this case, the court ruled in favor of consumers, giving them permission to revoke their consent verbally.

For consumers who are receiving calls for the wrong person, for debts they believe are not owed or for debts that are too old, this ruling proves extremely helpful. However, it important to remember that ignoring collection calls is not a good strategy. Keep accurate records of the collection calls and consider speaking with an experienced bankruptcy attorney who can guide you in the right direction and determine whether you qualify for bankruptcy protection.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Personal Bankruptcy Filings Down

Posted on June 25, 2014by Admin

Bankruptcy filings are down 11 percent compared to the 12-month period ending March 31, 2014, according to statistics released by the Administrative Office of the U.S. Courts. March 2013 bankruptcy filings totaled 1,170,324 compared to 1,038,280 bankruptcy filings in the 12-month period ending March 31, 2014.

However, filings in April and May of this year have been most similar to the number of filings in April and May of 2013. The May 2014 daily bankruptcy filing rate was 4,079, which was a 7.0% decline on a year-over-year basis. There have been just over 405,500 bankruptcy filings in the first five months of 2014. With these latest numbers, the year-over-year bankruptcy filing rate has declined for forty-three straight months.

Some financial experts attribute the decline in consumer filings to “a low-interest rate environment” and consumers utilizing more government assistance programs, such as the Home Affordable Refinance Program (HARP), which has helped many underwater homeowners.

Related Resources:

http://news.uscourts.gov/bankruptcy-filings-down-11-percent-march-2014

http://www.creditslips.org/creditslips/2014/06/900000-bankruptcy-filings-this-year-maybe.html

Bankruptcy Law, Timothy Kingcade Posts

Are Inherited IRA’s protected in Bankruptcy?

Posted on June 16, 2014by Admin

The U.S. Supreme Court recently answered this question. In an opinion written by Justice Sonia Sotomayor the Court found that Heidi Heffron-Clark, who inherited an IRA from her mother in 2001 and filed for bankruptcy nine years later, could not protect the account from her creditors.

The court’s analysis in Clark v. Rameker ruled that there were key legal distinctions between inherited IRAs and those you set up for yourself through annual contributions or company plans. The fact that inheritors cannot put additional funds into the inherited IRA account and the beneficiary can withdrawal money at any time without incurring a penalty make these inherited IRA accounts unique and “suggest that they are not retirement assets,” the court notes.

Another key distinction: Non-spousal IRA heirs must either withdraw the entire account balance within five years of the original owner’s death, or take out a minimum amount each year, starting December 31st the year after the IRA owner died.

The Supreme Court’s decision does not affect bankruptcy protection for retirement accounts of your own, which were expanded by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.

The decision does have important ramifications for spouses. A spouse who inherits their husband or wife’s IRA has an option not available to other inheritors. The surviving spouse can roll the assets into his or her own IRA and postpone distributions from a traditional IRA until they turn 70½. However, there is a catch to this. Just like other IRA owners they may have to pay a 10% early-withdrawal penalty if the money is taken out before age 59½ from the surviving spouse’s own IRA.

If you have any questions on this topic or are in a 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, 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 website at www.miamibankruptcy.com.

Bankruptcy Law, Credit

President Obama Extends Student Loan Debt Relief

Posted on June 11, 2014by Admin

On Monday, President Obama signed an executive order allowing millions of student loan borrowers to cap their monthly payments at 10 percent of their monthly income. “The cost of college and burden of student loan debt are suffocating middle-class families and putting students at an economic disadvantage before they enter the workforce,” Obama said.

Many borrowers already have the option to limit payments to 10% of their income. Obama’s order on Monday extended that option to about 5 million others who were not covered by the previous changes, including those who took out loans before October 2007.These new regulations are expected to be implemented in December 2015 at the earliest.

Student loan debt has reached $1.2 trillion. The average debt per borrower from the class of 2012 ranged from $17,994 in New Mexico to $33,649 in Delaware. President Obama has also endorsed legislation sponsored by Senator Elizabeth Warren (D-Mass.) that would allow students to refinance both public and private loans. This would be paid for by closing a tax loophole currently available to the wealthy. In another effort to help ease the burden for struggling borrowers, Obama ordered the Education Department to renegotiate its contract with student loan providers and give financial incentives to borrowers who make their payments on time.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Dept. of Education Urged to Clarify Policy on Student Loan Bankruptcies

Posted on June 3, 2014by Admin

Democratic members of Congress are urging for clarity and leniency when it comes to how the Department of Education forgives student loan borrowers who are bankrupt and unable to pay back their student loan debt. Federal law treats student loan debt as being non-dischargeable in bankruptcy unless “undue hardship” can be proven.

Oftentimes, attempts to prove undue hardship are “aggressively challenged” by the loan service provider and the Department of Education. According to the letter, the department needs to create clear standards for borrowers to qualify for discharging their student loan debt.

“While we recognize the department’s prerogative to fairly collect on student-loan debts owed to it, we do not find it sensible or cost-effective for the department or its contractors to engage in lengthy legal challenges and appeals against bankrupt student-loan borrowers who have demonstrated a clear and legitimate inability to repay their loans,” the letter says.

Other recommendations in the letter include:

• Clarifying the criteria for “undue hardship” to include borrowers who receive disability benefits under the Social Securtity Act;

• If the secretary of veterans affairs has determined the borrower is unable to work because of disability connected with military service;

• If the borrower’s household income has been less than 175 percent of the official poverty guidelines during the five-year period before filing a bankruptcy petition.

The letter states the urgency for action when it comes to the student loan debt crisis. This new guidance would bring consistency to the application of the undue-hardship standard.