Tag: Chapter 13 Bankruptcy

Bankruptcy Law, Debt Relief, Timothy Kingcade Posts

Key Differences Between Chapter 7 and Chapter 13 Bankruptcy

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There are two types of bankruptcy available to consumers who are struggling with insurmountable debt- Chapter 7 and Chapter 13 bankruptcy. Choosing the right one is critical to your success in eliminating your debt. Below is a comparison guide to help you best decide which bankruptcy is right for you.

Chapter 7 is a form of liquidation and it is often considered the most straightforward type of bankruptcy. Consumers are given a fresh start financially, oftentimes within three months of filing.  Contrary to the bankruptcy myths surrounding Chapter 7, it does not mean you will lose your home, your car and your retirement savings. In most Chapter 7 cases, filers do not have assets above the legal threshold, which is set by state law and therefore they do not have to give up anything.  If you are filing for Chapter 7 bankruptcy in Florida, you can use Florida bankruptcy exemptions to protect your property.

In addition, residents are provided unlimited exemptions for homestead, annuities, and the cash surrender value of a life insurance policy. The average Chapter 7 bankruptcy case lasts approximately three and a half months from filing to discharge. Approximately 96 percent of debtors who file under Chapter 7 receive a discharge of their debts.

When a debt is discharged, it is no longer legally owed. Unsecured debts such as credit cards and medical bills are typically dischargeable, with the exception of student loans. Secured debts such as mortgages or car loans are typically either relinquished or kept by continuing payments.

Chapter 13 restructures your debt into an affordable repayment plan. The debtor’s obligations are combined in one, regular payment calibrated to the debtor’s income.

Chapter 13 plans can last anywhere from three to five years, but most are five-year plans. Approximately 41 percent of debtors who filed under Chapter 13 received a discharge of their debts and another 10 percent first tiled under Chapter 13 and later converted to Chapter 7 and received a discharge that way.

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.

 

Bankruptcy Law, Debt Relief, Timothy Kingcade Posts

OJ Simpson Defense Attorney F. Lee Bailey Files Again for Bankruptcy

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F. Lee Bailey, OJ Simpson’s former defense attorney has filed for bankruptcy once again; this time to create a payment plan to resolve a federal tax debt owed.

Bailey recently filed for Chapter 13 bankruptcy, which allows a person who has a steady income to create a payment plan with creditors.  His latest bankruptcy filing will allow Bailey to discharge certain debts he could not eliminate in his Chapter 7 personal bankruptcy filing last year.

Bailey resolved his personal IRS debt through the earlier bankruptcy filing, but the federal government retained liens on some of his property that could not be discharged in the prior case.

His attorney said he estimates the IRS liens on Bailey’s property are worth about $100,000, but the government could dispute that as federal officials previously estimated their secured claims against Bailey at around $600,000.

Bailey owed the IRS approximately $5 million, in total.  Bailey’s filing in the Chapter 13 case states that he has assets worth between $100,000 and $500,000 and debts between $1 million and $10 million.

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If you 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, 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, Debt Relief, Timothy Kingcade Posts

Bankruptcy History Suggests Intent to Hinder and Delay Creditors

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The Tenth Circuit Court recently heard the Rupp v. Pearson case where the debtor’s historical use of bankruptcy filings suggested improper purpose to hinder and delay creditors.

Mrs. Pearson had filed nine, mostly unsuccessful, bankruptcies since 1993. In 1997, she filed two unsuccessful chapter 13 cases before filing a chapter 7 petition and receiving a discharge. She later filed two more unsuccessful chapter 13 cases and had one pending chapter 13 case. She then filed another chapter 7 case seeking another discharge of her debts. The second chapter 7 case was filed two weeks after the dismissal of her chapter 13, and immediately upon the passage of the eight-year period.

The bankruptcy court inferred that Ms. Pearson was a “system-gamer.” This means that she routinely filed chapter 13 cases simply to stall collection efforts and with no actual intention of complying with the terms of her own plans. She then filed for chapter 7 relief as soon as the law allowed.

During one of Ms. Pearson’s filings, she agreed to contribute her expected tax return to the extent it exceeded $2,000. However, she kept the entire $4,829 refund and spent it on non-exempt personal items. This resulted in the bankruptcy court dismissing one of her chapter 13 cases. When she filed a chapter 7 case two weeks later, the trustee filed an adversary complaint seeking to have Ms. Pearson’s discharge denied due to her misappropriation of the tax refund with intent to defraud creditors, in violation of section 727(a)(2)(A). “In our view, the (trustee’s) complaint states a plausible claim that Ms. Pearson’s failure to turn over to the Chapter 13 bankruptcy estate the required portion of the tax refund was part of a scheme to hinder and delay creditors.”

However, the Tenth Circuit Court rejected the reasoning of the lower courts in finding that the complaint failed to state a claim for relief due to an absence of “fraud markers” and the fact that the complaint failed to negate the possibility of innocent uses of the tax refund. Rather, the circuit court noted that cases under 727(a)(2)(A) are fact-specific and not subject to rigid formulas.

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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, 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, Debt Relief, Timothy Kingcade Posts

How to Pay for Bankruptcy When You’re Broke

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Filing for Chapter 7 bankruptcy costs anywhere from between $500 to $3,500. If you are already in financial distress, it may be difficult to come up with the fees you will need to file. Follow these three strategies to pay for bankruptcy.

Raise the money

First, minimize your outgoing cash. For example, if you are still making credit card payments, stop making them. Chapter 7 bankruptcy discharges unsecured debts such as credit card balances. Next, try to find some additional income. This can be done by selling old electronics or taking on part-time work. You can also use your tax refund to pay attorney and bankruptcy filing fees.

Work out a payment plan

If you find the right attorney, you may be able to make payments for the services and filing fees. Ask about setting up a payment plan in the initial meeting with any bankruptcy attorney you are considering. Your attorney can also with work the court on a payment plan for your bankruptcy filing fee.

Go pro bono

If your income is less than 150% of the official poverty line for your family size, you might qualify for free legal services or waived fees. If you are not sure how to find out if you qualify, your local bankruptcy court will have information on free legal clinics and local free legal aid resources. Also, the American Bankruptcy Institute has a bankruptcy attorney directory that can help you find pro bono attorneys in your area.

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If you 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, 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, Debt Relief, Timothy Kingcade Posts

11 Steps to Take When Bankruptcy is Your Best Option

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Many Americans have had difficulties keeping up with their debts and credit obligations since the Recession. If you have similar difficulties, filing for bankruptcy may be your best option.

Here are 11 steps you should take if you are filing for bankruptcy.

  1. Explore your options. Before filing for bankruptcy, it is best to educate yourself on what filing for bankruptcy means. For example, you need to determine if you need to file Chapter 7 bankruptcy or Chapter 13 bankruptcy. Most individuals file Chapter 7 bankruptcy, which means that you, as the debtor are relieved from some or all of your financial obligations.
  2. Complete the means test. This is a standard test that will compare your income to your debts to determine if you are eligible to file for Chapter 7 bankruptcy.
  3. Hire an experienced bankruptcy attorney. A bankruptcy attorney is invaluable to you during the bankruptcy process. Your attorney will explain your options, answer your questions, make informed recommendations and even fill out the forms for you and make sure they are filed correctly and on time.
  4. Pay the fees. When filing for bankruptcy, you will be responsible for legal fees and application fees. The application fees alone can cost between $300-$500 and once you include your attorney fees, you may spend around $2,000 total.
  5. Assemble your information. Gather and organize all of your financial information. This includes: your income, expenses, assets, debts and property exemptions. You need to have all of your financial information ranging over the past six months for the bankruptcy procedure. You have to list this information in order to have your debts discharged.
  6. Determine which debts are excusable. Although bankruptcy is considered a clean slate, there are debts you will still be responsible for after your bankruptcy proceedings. For example, you will most likely still be responsible for: student loans, child support and tax debts.
  7. Attend a credit-counseling program. Within six months before filing your petition, you will need to attend a credit-counseling program at a court-approved agency. The counseling can usually be completed online or over the phone.
  8. File the forms. One reason it is important to hire a bankruptcy attorney is so that they can help you fill out the necessary forms and can remind you of the deadline.
  9. Automatic Stay. Once you complete all of the paperwork and file it, you will be granted an automatic stay that prohibits almost all creditors from continuing collection actions against you.
  10. Attend the meeting. Oftentimes, Chapter 7 bankruptcies do not end up in court. However, you will need to attend a mandatory meeting known as a 341 meeting with the creditors and a court-appointed trustee. The trustee will ask questions pertaining to your finances and your petition.
  11. Post-Bankruptcy Obligations. Once you have successfully filed for bankruptcy, you will need to attend a post-bankruptcy credit counseling. This will help you successfully manage your finances and proceed forward so that you do not end up in a financial crisis again.

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If you 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, 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, Debt Relief, Foreclosures, Timothy Kingcade Posts

Wells Fargo and U.S. Trustee Program Reach Mortgage Settlement

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The U.S. Trustee Program recently announced that it has reached an agreement with Wells Fargo Bank requiring the bank to pay nearly $3.5 million in remediation to 8,000 homeowners in Chapter 13 bankruptcy.

The settlement arose in the Chapter 13 case of Ernestine C.J. Green, filed Nov. 30, 2011. Chapter 13 bankruptcy allows individuals receiving regular income to obtain debt relief while keeping their home. To do so, the debtor must propose a plan that uses future income to repay all or a portion of his or her debts over a three to five year period.

A debtor with a home mortgage can continue to pay the mortgage, or sometimes the Chapter 13 trustee appointed in the case pays the mortgage with income provided by the debtor’s earnings. Mortgagees or mortgage servicers are required under Bankruptcy Rule 3002.1 to file and serve notices when the mortgage payments change during the course of the Chapter 13 case.

The previous settlement in November 2015 contemplated that Wells Fargo would engage an independent reviewer to identify potential systemic issues in the bank’s operations.

“That compliance monitoring led to the discovery of a deficiency in Wells Fargo’s processes and procedures relating to the certificates of service filed with the PCNs” between 2011 and 2016, Jane Limprecht of the USTP told Bloomberg BNA. The deficiency caused “thousands of homeowners” to receive their change notices with fewer than the 21 days notice required before payment changes could take effect, she said.

The new settlement will provide refunds and credits to affected consumers, and Wells Fargo is required to change its procedures to prevent the problem from happening, again.

Click here to read more on this story.

If you 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, 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, Debt Relief, Timothy Kingcade Posts

Bankruptcy Basics and When Filing is the Right Answer

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Filing for bankruptcy can be a scary predicament.  But we all know financial misfortune can affect any one of us, at any time.  Whether it is a difficult divorce, an unexpected health crisis or an extended period of unemployment- bankruptcy can become less intimidating when you know how it works and what to expect.

So how do you know when it is the right time to file for bankruptcy?  Here are a few questions to help you assess whether bankruptcy is a viable option.

  • Are you only making minimum payments on your credit cards?
  • Are debt collectors calling you?
  • Does the thought of organizing your finances cause you to have fear and anxiety?
  • Do you use credit cards to pay for necessities?
  • Are you considering consolidating your debts?
  • Are you unsure about the amount you actually owe?

If you answered yes to two or more of the questions above, it’s time to take a closer look at your financial situation. To determine where you are financially, take an inventory of all your liquid assets. Do not forget to include retirement funds, stocks, bonds, real estate, vehicles, college savings accounts, and other non-bank account funds. Calculate a rough estimate for each. Remember, virtually all retirement accounts are exempt from creditors, meaning you get to keep them if you file for Chapter 7 bankruptcy.

Then, collect and add up your bills and credit statements. If the value of your assets is less than the amount of debt you owe, declaring bankruptcy may be one way to get out from under your debt and get a fresh start.

There are many reasons people file for Chapter 7 bankruptcy. Some common reasons for filing for Chapter 7 are unemployment, large medical bills, overextended credit, and marital problems. Chapter 7 is sometimes referred to as a “straight bankruptcy.” Your assets are liquidated to pay off as much of your debt as possible. The cash from your assets is then distributed to your creditors.  In approximately four months, you will receive a notice of discharge. For many, Chapter 7 offers a quick, financial fresh start. Many filers quickly rebuild their credit scores and have gone onto purchase homes.

For people who have property they want to hold on to, filing a Chapter 13 bankruptcy may be a better option. This type of bankruptcy is oftentimes referred to as a “reorganization bankruptcy.” Chapter 13 allows people to pay off their debts over a period of three to five years. For individuals who have consistent and predictable annual income, Chapter 13 offers a grace period. Any debts remaining at the end of the grace period are discharged. Once the bankruptcy is approved by the court, creditors must stop contacting the debtor. Individuals can then continue working and paying off their debts, while still keep their property and possessions.

If you are considering filing for bankruptcy, begin with these steps:

  • Gather all necessary documents. This will document your income, your assets, and all of your debts. Download a copy of your credit report for free to make sure you do not leave anything out. Put all of the relevant paperwork — statements from all of your creditors, deeds and titles to property and vehicles, pay stubs, copies of tax returns — into a folder.
  • Find an attorney who is an expert in bankruptcy. If you have an attorney you have used before, ask him or her for a referral to a bankruptcy specialist. Do your research online and in person, do not be sold simply by an advertisement. Look at a firm’s testimonials, past experiences with clients and the number of bankruptcy cases they have filed.  With a good lawyer and the right information, filing for bankruptcy can give you the financial footing you need to get a fresh start.

If you 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, 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.

Related Resources:

http://www.fool.com/personal-finance/credit/2007/08/31/dont-be-afraid-of-bankruptcy.aspx

https://www.legalzoom.com/articles/bankruptcy-basics-when-should-you-throw-in-the-towel

Bankruptcy Law, Debt Relief, Florida Bar, Timothy Kingcade Posts

The Bankruptcy Means Test: What is it? Why is it Important?

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The bankruptcy means test determines whether or not you are eligible to file for debt forgiveness through Chapter 7 bankruptcy. The test uses factors such as: income, expenses and family size to determine who can afford to repay their debts through reorganization and who cannot. Most who take the means test, pass it and are considered clear to file Chapter 7 bankruptcy. However, those who are ineligible for Chapter 7 have the option to file Chapter 13, which will restructure and reorganize debts.

How the Test Works

There are two steps involved in determining whether or not you have enough disposable income to pay off your debts. An experienced bankruptcy attorney will assist you in filling out and filing your paperwork with the bankruptcy court. Most debtors who file for Chapter 7 bankruptcy are struggling with consumer debt such as credit card or medical debt.

Step One

The first step in the bankruptcy means test will compare your household income with the average income in your state. In Florida, the median income for a household with one earner is $43,136. The median income for a household with two earners is $53,654. The means test is based on your financial situation over the past six months; therefore you will need to gather all of your documentation about your income during this time period. Keep in mind the court will consider any recent changes in your income such as: losing your job or starting a new job. If your median income over the past six months falls below your state’s average, you automatically qualify to file for Chapter 7 bankruptcy.

Step Two

If you are not automatically qualified to file for Chapter 7 bankruptcy based on your household income, you will need to move on to step two in the bankruptcy means test. As a part of this step, you must gather all of your documentation that lists your “allowable expenses” over the past six months. These expenses can include any of the following: rent, groceries, clothing and medical costs. What is left over is considered disposable income. In this portion of the means test, it is important to be thorough and not leave out any “allowable expenses.” It is also crucial to know your local “allowable expense” standards in addition to national standards. Make sure you consult with your attorney to fully understand what are considered allowable expenses in Florida.

Click here to read more on this story.

If you 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, 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, Debt Relief, Student Loans, Timothy Kingcade Posts

More Attorneys Push for Bankruptcy to Cover Student Loan Debt

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St. Cloud lawyer, Wesley Scott is outraged about the mounting debts student loan borrowers are facing.  The bankruptcy attorney has written at least four times to U.S. senators from Minnesota about the issue.  Specifically, he wants Senators Amy Klobuchar and Al Franken to help change Chapter 13 bankruptcy rules to make student loan debt dischargeable, as with other debts in bankruptcy.

Graduates of four-year post secondary programs in Minnesota faced an average debt load of $32,000 in 2014. That number was $21,000 in 2005, according to The Institute for College Access & Success.

The bankruptcy code used to be more lenient, allowing people to discharge their student loan debt.  It still does, but the deck is stacked against borrowers and it’s something that rarely happens.  Debtors must show an undue hardship in court.

Bankruptcy lawyer Scott is proposing one other change to the law, an “at least” option, which would allow debtors going through Chapter 13 proceedings to make payments on their student loans designating them as a priority debt.

Under the current Chapter 13 provisions, people in bankruptcy need to first eliminate debts such as unpaid child support, taxes and mortgages.  Debts from student loans, medical bills and credit cards are paid at the end.

In an emailed statement, Franken said student loan debt should be eligible for discharge in bankruptcy, but, “it’s clear we need to address this problem on several fronts.” The senator said he has introduced a bill that would allow people to discharge private student loan debt, one to address tuition costs and another allowing students to refinance their debt.

Also in an emailed statement, Klobuchar said she is supporting a bill that would allow refinancing and one that would strengthen the federal Pell Grant program, which provides payments- not loans, to students.

The total value of outstanding federal student loans was about $1.2 trillion in the first quarter of 2016, up more than 130 percent from $516 billion in 2007.  From July 2006 to June 2015, interest rates for federal loans ranged from 3.4 to 8.5 percent. They now fall between 4.3 and 6.8 percent.

Those figures are affecting about 42 million Americans with federal loans, not including private student loans. With no relief in bankruptcy, some people are turning to other options.

A woman with approximately $70,000 in student loan debt went to visit a St. Cloud bankruptcy attorney with her husband.  But after leaving the attorney’s office, the couple went upstairs to a divorce lawyer.  It was not because they didn’t love each other anymore, the woman had to be single to qualify for an income-based repayment plan.  That’s the only way they could survive.

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, 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, Debt Relief, Timothy Kingcade Posts

Reverse Mortgage will likely be modified

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A reverse mortgage payable upon the pre-petition death of the borrower has been modifiable under section 1322(c). Section 1322(c) provides an exception to the anti-modification provision of section 1322(b) in the case of a debt secured by the debtor’s residence when the final payment comes due during the life of the chapter 13 plan.

In re Michaud, No. 14-23406 (Bankr. S.D. Fla. March 29, 2016), Julie Lisana Michaud sought to strip down the reverse mortgagee’s (James B. Nutter & Company) interest in her principal residence to its value at the time of her chapter 13 petition.

The reverse mortgage agreement was entered into by Ms. Michaud’s husband who died prior to her bankruptcy filing. By the terms of the reverse mortgage, the debt became due and was owed upon the death of Mr. Michaud. The agreement further stated that the full debt “if not paid earlier, would be due and payable on May 29, 2095.”

The issue at hand is whether the final payment became due when Mr. Michaud died, as argued by Ms. Michaud, or on May 29, 2095, as argued by Nutter.  In the end, the court rejected Nutter’s due date based on “common sense,” finding the 2095 due date to be meaningless as the mortgagor would certainly pass away before that date.

The court also went by the terms of the lending agreement and federal regulations. By the terms of the agreement, the death of the mortgagor accelerates the due date without regard to the date listed in the agreement. Finally, federal regulations, provide that reverse mortgages become “due and payable” when “(i) The consumer dies; (ii) The dwelling is transferred; (iii) the consumer ceases to occupy the dwelling as a principal dwelling.” 12 C.F.R. §226.33.

Nutter countered with a “slippery slope” argument that debtors could use the ruling to their advantage when the debtor has caused the acceleration by his or her own default such as by failure to maintain insurance on the property, which the court rejected.

The court granted Ms. Michaud’s motion to value for a secured claim in the amount of $45,500 plus interest, and an unsecured claim of $67,096.75.

Click here to read more on this story.

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 website at www.miamibankruptcy.com.