Debt Relief

Consumer Debt by Gender: What’s the Difference?

Despite attempts at financial equality, men on average earn more than women, which has an impact on personal finance. Women tend to be more cautious with money, when it comes to spending, saving, borrowing, and investing.

In contrast, men feel more social pressure to display wealth and status, going into debt, if necessary to do so.  Also feeling pressure to create financial stability as the breadwinner in their relationships.

On average, women are still responsible for the majority of household duties and child rearing responsibilities, which has a significant impact on their lifetime earning potential. Women also suffer more financial consequence from divorce.

Gender does not affect a person’s ability to manage money, build credit, use debt responsibility, or invest for the future. But external factors like societal pressures assigned to gender roles can have a financial impact.

Following decades of narrowing the gender wage gap, 2023 threw a curve ball. For the first time in 20 years, the gender pay gap widened significantly, according to the Annual Income in the United States Report from the U.S. Census Bureau.

Women who worked full-time were paid about 82.7 percent of a man’s salary in 2023, down from 84 percent in 2022. Full-time male workers made a median salary of $66,790, while full-time female workers made $55,240.  That’s a difference of $11,550 per year, a gap that only widens further for women of color, those with disabilities, and women working part-time.

Average consumer household debt in 2024

Experian compared debt balances among men and women and found that men carry more debt in all categories except student loans.

Studies also report women feeling more stressed by finances than men. A recent nationwide Bankrate study reported more than 2 in 5 women (or 46 percent) say money issues have negatively affected their mental health, prompting feelings of anxiety, depression, sleeplessness and stress. That number compares with 38 percent of men.

Click here to read more.

If you have 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.

Foreclosures

Florida Foreclosures on the Rise

Despite foreclosures decreasing nationwide, Florida foreclosure rates remain on the rise. In fact, Florida has some of the highest rates of foreclosure starts and filings in the nation.  Data released by ATTOM, found that Florida had the highest foreclosure rates last year, tied with New Jersey.

Foreclosure rates increasing can indicate important shifts in the housing market.  For example, an increase in foreclosure rates can potentially reduce property tax revenues, destabilize the housing market, and lower neighborhood values through a rise in vacant properties.

The most recent data found that Florida had the third-highest number of foreclosure filings (2,652) in December 2024, behind California (3,772) and Texas (2,868). Florida counties with the highest number of filings included Miami-Dade, Broward, Palm Beach, Hillsborough and Orange.

Click here to read more.

Choosing the right attorney can make the difference between keeping your home or losing it in foreclosure. 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.

REMEMBER: In Florida, the homeowner has rights when it comes to foreclosure! But do not delay.

Related Resource:
Kingcade & Garcia, P.A.- Foreclosure Defense (youtube.com)

Medical Debt

New Federal Rule Removes Medical Debt from 15 million Americans’ Credit Reports

The Consumer Financial Protection Bureau (CFPB) finalized a rule that will remove medical debt from credit reports and prohibit lenders from using medical information in their approval decisions.

The CFPB estimates the change will remove $49 billion in medical bills from the credit reports of about 15 million Americans. Consumers with medical debt on their record could see their credit score rise by an average of 20 points because of the rule change, and approximately 22,000 more mortgages will be approved each year.

Even with health insurance, there are deductibles and copays the patient is responsible for. In addition, your policy may have a coverage limit or not pay for certain treatments.

After the insurance company pays its share, the patient is responsible for the remainder. Medical debt can come from a variety of sources, including:

  • Hospital visits
  • Surgeries
  • Doctor and dentist appointments
  • Prescriptions
  • Ambulance companies

How Medical Debt is Handled in Bankruptcy

In bankruptcy, medical debt is treated the same as credit card debt. Medical bills are listed as general unsecured debt and can be easily wiped out in a Chapter 7 bankruptcy filing.  Making the decision to file for bankruptcy is never an easy one.

Fortunately, consumers have the option available to them to file for bankruptcy to escape this burden of medical debt. In a bankruptcy case, debts are classified into two categories: secured and unsecured, as well as priority and nonpriority debts. Secured debts are those that are backed by a form of collateral, while priority debts can be unsecured but receive special status, such as tax bills, student loans, and child support. Unsecured debts are those debts that are not secured by collateral and include personal loans, credit card debt, and medical debt.

In a bankruptcy case, unsecured debts are the ones that are discharged at the end of the case, while priority and secured debts are the focus of payment plans or payment in a Chapter 7 case after assets are liquidated. If a debt is discharged, this means the court has issued an order stating that the debt does not have to be paid.

Medical debt may also become part of the repayment plan issued as part of a Chapter 13 bankruptcy case. The bills may not end up paid in full, but the medical providers will receive at least some amount of payment, which helps the consumer maintain a relationship with their healthcare providers. Repayment plans normally last three to five years, ending with the consumer’s remaining debts, including medical debt, getting discharged.

Those who have experienced illness or injury and found themselves overwhelmed with medical debt should contact an experienced Miami bankruptcy attorney. In bankruptcy, medical bills are considered general unsecured debts just like credit cards. This means that medical bills do not receive priority treatment and can easily be discharged in bankruptcy. Bankruptcy laws were created to help people resolve overwhelming debt and gain a fresh financial start. Bankruptcy attorney Timothy Kingcade knows how to help clients take full advantage of 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, P.A. website at www.miamibankruptcy.com.

SOURCE: New Federal Rule Removes Medical Debt from Credit Reports (CNBC)

Chapter 7 Bankruptcy, Means Test

How Do I Know If I Qualify for Chapter 7 Bankruptcy?

Federal bankruptcy law dictates the eligibility requirements to file Chapter 7 bankruptcy. The biggest of these requirements is the means test, which compares the filer’s income to his or her debt. The means test is a two-step process. The first step requires looking at the consumer’s income as compared to Florida’s average income. If the filer’s income is higher than the median income for a household in Florida, the filer will need to then take the second part of the means test.

The second part of the means test requires the filer to submit documentation regarding his or her allowable expenses over the past six months. These expenses can include rent, groceries, medical costs, and clothing. After subtracting all these expenses, any money left is referred to as disposable income. If the individual does not have enough disposable income to pay for remaining debts, he or she qualifies under the means test.

It’s important to remember that Chapter 7 bankruptcy isn’t just for low-income filers. You can earn significant monthly income and qualify for Chapter 7 bankruptcy if you have a large family or considerable expenses, like a high mortgage, car loan payments, taxes, and other reasonable expenses.

A bankruptcy case has no minimum or maximum requirement when it comes to unsecured debt for Chapter 7 bankruptcy. So long as the filer qualifies through the means test, how much debt he or she carries should not affect that person’s ability to successfully file for Chapter 7.

Click here to read more.

If you have 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.

Credit Card Debt, Debt Relief

Total Household Debt by Type

American household debt stands at a whopping $17.943 trillion dollars. Mortgage debt makes up 70% of that.  Inflation has contributed to more debt and the average debt rising in nearly every category compared to 2020. This includes total household debt, credit card debt, mortgage debt, and auto loan debt. Total debt is up by over $2.5 trillion since 2020.

Average consumer household debt in 2024

According to the latest Household Debt and Credit survey, Americans owe $1.166 trillion in credit card debt as of the third quarter of 2024. That’s a record high, up from $1.162 trillion in the second quarter. Americans had an average of $6,501 in in credit card debt in the third quarter of 2023, according to Experian.

Based on data from the second quarter in 2023, Gen X carries the highest average credit card balance, $8,870, while Gen Z carries the lowest average credit card balance, with $3,148.

Paying off debt and finding relief.

It may seem like you have too much debt to ever get out of. However, the first step is to address your debt.  Understand the total amount of debt you have. From there you can determine what type of debt you hold, like credit card debt, mortgage, or auto loan. Then it is important to note how much you owe, what the interest rate is, and what the minimum payment amount is for each type of debt you own.

As bankruptcy attorneys, we see credit card debt as one of the most common problems facing those with serious financial challenges.

Filing for bankruptcy is a viable option for those struggling with insurmountable credit card debt. Chapter 7 is the fastest form of consumer bankruptcy and forgives most unsecured debts like credit card debt, medical bills, and personal loans.

If you have 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.

SOURCE: Average American Household Debt in 2024: Facts and Figures

Legal Awards

Miami Bankruptcy Attorney Timothy S. Kingcade Receives the Prestigious AVVO Clients’ Choice Award for 2025

AVVO Clients' Choice Award 2025

MIAMI – (January 24, 2025) Managing Shareholder, Timothy S. Kingcade of the Miami-based bankruptcy law firm of Kingcade Garcia McMaken has received the 2025 AVVO Clients’ Choice Award. To obtain this award, an attorney must receive five or more exceptional client reviews in the same year. Kingcade has received the Clients’ Choice Award consistently since 2010, earning the award 15 years in a row.

One of Kingcade’s clients had this to say on AVVO:

Helped me from start to finish.

I thought I could pull myself through this situation, but it dragged on for a few years due to Covid. The stress on my mental and physical health was taking its toll. Timothy Kingcade and his entire office staff hung in there with me through thick and thin. I never thought I’d have to go through this experience; I know many people do, but for me it was slow and personal, not my area of expertise at all. I cannot thank Timothy and his team enough for all the emails, texts, and office visits. They supported me all the way to the finish line. Thank You!

-Leanne

Click here to read all of Miami Bankruptcy Attorney Timothy Kingcade’s client reviews on AVVO. Timothy has earned a “Superb” 10.0 AVVO rating in the area of bankruptcy law, the highest rating an attorney can receive.  The rating is calculated using a mathematical model, which takes into consideration the years an attorney has practiced law, their professional achievements, discipline history and industry recognitions.  The rating is completely objective and unbiased.  Attorneys cannot pay or petition the site to have their rating changed, which makes AVVO one of the most respected lawyer rating services in the country and an invaluable legal resource for consumers.

Attorney Timothy S. Kingcade founded Kingcade Garcia McMaken, a prominent law firm that handles a substantial number of bankruptcy filings each year. Timothy, along with his dedicated team, provide comprehensive legal representation to clients throughout South Florida. Kingcade Garcia McMaken is committed to helping clients navigate the complexities of bankruptcy law. Their experienced attorneys guide individuals in understanding recent changes in bankruptcy regulations and the critical distinctions between filing under Chapter 7 or Chapter 13 bankruptcy. The firm also handles foreclosure cases alongside bankruptcy matters. Throughout South Florida, Kingcade Garcia McMaken has earned a solid reputation as a dependable and effective advocate for clients from diverse backgrounds. The firm’s commitment to providing personalized service is evident, with their attorneys taking the time to clearly explain the available options based on each client’s unique circumstances. The personalized approach ensures that clients receive the individual attention and care they deserve during the legal process.

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Miami-based Kingcade Garcia McMaken, P.A. was established by managing partner and bankruptcy attorney, Timothy S. Kingcade in 1996. The firm represents clients throughout the State of Florida in Chapter 7 bankruptcy and foreclosure defense cases. The firm is committed to providing personalized service to each and every client, clearly explaining the options according to the unique circumstances of his or her life. The office environment and the service provided are centered on a culture of superior client care for the financially disenfranchised. All partners and associates at Kingcade Garcia McMaken P.A. specialize in consumer bankruptcy and foreclosure and have dedicated their practices to this area of the law. Additionally, all attorneys and staff members at the firm are bilingual speaking Spanish. For more information, visit https://www.miamibankruptcy.com/ or call (305) 285-9100.

Business Bankruptcy, Credit Card Debt, Small Business Bankruptcy

What Happens If You Can’t Pay Your Business Credit Card?

If your business has fallen on hard times, and you can no longer afford to pay your business credit card, you have options.  But ignoring the debt will only make matters worse.

In the perfect world, inconsistent cash flow would never be an issue for a small business. But many businesses face it, along with economic uncertainty, and inflation.

Failing to make payments on a business credit card can result in late fees, higher interest rates, and significantly damage your business and personal credit scores.

Missing payments on your business credit card can trigger a series of penalties and actions. The most severe being legal action against you and your business. Consequences for nonpayment include:

  • Late payment fees
  • Penalty annual percentage rate, or APR.
  • Lower credit scores (both your business and personal)
  • Debt collections
  • Lawsuits

The personal guarantee on a credit card applies to all business types, including limited liability companies, or LLCs, and corporations. The personal guarantee surpasses any limited liability protections and gives the credit card issuer the explicit right to come to you personally for payment.

The personal guarantee is typically spelled out in the terms and conditions you agree to when signing up for a business credit card. The card issuer checks your personal credit using your social security number to determine how likely you are to repay the debt, when qualifying you for the card.

If you are struggling with business credit debt, contact your card issuer as soon as possible, to minimize penalties and damage to your credit. Your card issuer may be willing to establish a payment arrangement and can inform you of available hardship programs.

As bankruptcy attorneys, we see credit card debt as one of the most common problems facing those with serious financial challenges. If you have 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.

SOURCE: https://www.nerdwallet.com/article/credit-cards/business-credit-card-personal-guarantee-explained

Consumer Bankruptcy, Debt Relief

When Bankruptcy Is the Best Option

One of the biggest advantages of filing bankruptcy is the possibility of a fresh financial start. Filing for bankruptcy also stops collection calls, wage garnishments, and lawsuits. Chapter 7 bankruptcy wipes out many kinds of debt, including: credit card debt, medical bills, personal loans, civil judgments, past-due rent and utility bills, business debts and some older tax debts.

Filing for bankruptcy may make sense depending on how much debt you have, your other financial obligations, and other methods of debt relief you have tried.

To file Chapter 7 bankruptcy, you will need to complete and submit paperwork outlining your earnings, spending, and amount of debt to the bankruptcy court. Those that are employed will also be required to share tax returns and pay stubs.

Typically, those that file should meet the following criteria:

  • Have a low credit score
  • Have no foreseeable way to pay off debt within the next few years
  • Do not possess expensive property
  • Have more than $10,000 in debt
  • Struggle to make payments
  • Are in fear of legal action being taken against them due to debt.

A qualified bankruptcy attorney can offer guidance and answer any questions the person may have about whether it is time to move forward and proceed with a bankruptcy filing. A bankruptcy attorney can also assist in determining which type of bankruptcy is best.  

If you have 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.

SOURCE: https://www.nerdwallet.com/article/finance/bankruptcy-best-option

Foreclosure Defense, Foreclosures, Kingcade Garcia McMaken

Florida Moves Up to No. 2 Status as State with the Highest Foreclosure Rate

Attom released its November 2024 U.S. Foreclosure Market Report this week. The report includes the total number of properties nationwide that have at least one foreclosure filing.  The report showed that 29,390 properties had foreclosure filings in November. That represents a 3% decrease from October and a 9% decrease from November 2023.

While foreclosure filings are down month-over-month and year-over-year, the data reveals states, such as Florida, Nevada, and Connecticut, remain high.

Nevada maintains its status as the state with the highest foreclosure rate (one in every 2,941 homes). Florida moved up to No. 2 with one in every 3,047 homes in foreclosure, followed by Connecticut (one in 3,210), Maryland (one in 3,535) and Indiana (one in 3,567).

The city of Miami has one of the highest foreclosure rates (one in 2,551 homes), among metros with more than 1 million residents. Foreclosure starts – means lenders have started the process but have yet to repossess the home.

Click here to read more.

Choosing the right attorney can make the difference between keeping your home or losing it in foreclosure. 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.

REMEMBER: In Florida, the homeowner has rights when it comes to foreclosure! But do not delay.

Related Resource:
Kingcade & Garcia, P.A.- Foreclosure Defense (youtube.com)

Bankruptcy Filings, Bankruptcy Trends

Bankruptcy Filings See Noticeable Increase in November

Leading U.S. bankruptcy data provider, Epiq AACER’s latest report revealed a 6% year-over-year increase in total bankruptcy filings in November 2024, reaching 40,271 compared to 37,907 in November 2023. Individual bankruptcy filings increased 7%, reflecting the growing financial pressures among consumers and businesses.

Key Findings in The Report Include:

  • Overall Individual Bankruptcy Filings: Registered a 7% year-over-year increase, with 37,826 filings in November 2024 compared to 35,446 individual bankruptcy filings in November 2023.
  • Individual Chapter 7 Filings: Increased 14% year-over-year to 22,886 in November 2024, up from 20,149 in November 2023.
  • Individual Chapter 13 Filings: Decreased 3% year-over-year to 14,858, compared to 15,241 in November 2023.
  • Commercial Bankruptcy Filings: Declined 1% to 2,445 in November 2024, down from 2,461 a year earlier.
  • Small Business (Subchapter V) Filings: Rose 28% year-over-year, with 206 filings in November 2024, compared to 161 in November 2023.
  • Commercial Chapter 11 Filings: Fell 22% to 680 in November 2024, down from 865 in November 2023, impacted by high-profile cases such as WeWork in the prior year.
  • Total Filings (Month-over-Month): Declined 15% from October’s 47,114 due to fewer business days and the Thanksgiving holiday.
  • Consumer Filings (Month-over-Month): Decreased 15% from October’s 44,515 filings.
  • Commercial Chapter 11 Filings (Month-over-Month): Increased 20% from October’s 565 cases.
  • Subchapter V Filings (Month-over-Month): Rose 2% from October’s 201 filings.

It’s anticipated the rate of new filings will increase once the holiday season ends and it is expected that the new administration’s planned regulatory changes will influence filings into 2025.

Click here to read more.

If you have 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.

SOURCE: https://www.acainternational.org/news/bankruptcy-filings-see-notable-increases-in-november-2024/