Tag: Kingcade Garcia McMaken

Business Bankruptcy

6 Steps to Returning to the Business World After Bankruptcy

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After a bankruptcy case, the idea of returning to the business world can seem like a pipe dream or a near impossibility. While a bankruptcy case can certainly put a dent in an individual’s credit, it should not hinder that person from successfully starting a business or returning to an already-existing business.

The good news is succeeding in business after a bankruptcy can be and has been done. Many entrepreneurs have gone through personal bankruptcy and come back stronger and better. Several well-known companies, such as General Motors (GM) or Delta Airlines have filed for bankruptcy only to restructure their businesses and rebuild their brands successfully. The following tips can help an individual or business recover after filing bankruptcy.

Consumer Bankruptcy

Questions to Ask Yourself Before Filing for Bankruptcy

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The decision to file for bankruptcy is never an easy one. It takes careful consideration and depends on a number of factors. Before making the decision to file for bankruptcy, ask yourself these questions.

Have All Other Options Been Exhausted?

Bankruptcy is not the only option when it comes to debt relief.  It often helps to first meet with a bankruptcy attorney to discuss your options. A budget is one tool a consumer can use to see what unnecessary expenses can be eliminated, freeing up additional funds to pay off debts. The consumer may also have luck in selling some of his or her assets to pay off various debts. Another option is for the consumer to reach out to his or her lenders to see if some type of payment plan or debt settlement can be reached on the debt.

The consumer may also consider credit counseling. This step should be taken even if the consumer is considering filing for bankruptcy since credit counseling, including a two-hour financial management course from a government-approved agency, must be completed at least 180 days before a bankruptcy discharge is issued.

Consumer Debt, Credit Card Debt

How to Pay Down Credit Card Balances with High Interest Rates

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Credit card debt has traditionally been one of the more difficult consumer debts to conquer. This is in large part because most credit card balances come with significantly high interest rates. The larger a consumer’s balance gets, the more difficult it can be to tackle the debt. While paying down credit card debt can be a challenge, however, it is not impossible. It takes proper planning and discipline but paying down a credit card balance on a card with high interest rates is possible.

According to LendingTree, the average annual percentage rate on a new credit card is over 20 percent, and rates only seem to be increasing over time, especially as the cost of living continues to rise.  This trend presents a major problem for American consumers with high credit card balances. In fact, according to reports from the Federal Reserve Bank of New York, credit card balances reached a high of $841 billion in the first quarter of 2022.

Foreclosures, Housing Market Trends

Florida’s Mortgage Delinquency Rates Increase, Slightly Higher than National Average

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Mortgage delinquencies slightly increased from April to May 2022, but Florida’ mortgage delinquency rates have increased more than the national average. Nationwide, one in every 4,549 housing units had a foreclosure filing in May 2022, according to a recent report issued by Knight Data & Analytics. Florida led all 50 states with a high rate of one in every 2,788 housing units.

The national delinquency rate decreased in May 2022 to a low of 2.75 percent. However, Florida’s delinquency rate stayed at a consistent 2.0 percent. Lenders initiated foreclosure proceedings on 22,099 properties in May 2022. While this number may be down one percent from the previous month, it is up 274 percent from one year ago.

Consumer News, Credit, Credit Card Debt

The Best Ways to Handle Your Credit During Inflation

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The cost of living has continued to rise throughout the first half of 2022, leaving many consumers struggling to make ends meet. It seems the cost of everything has skyrocketed, from groceries to gas. As a result, three in five American consumers say they are living paycheck to paycheck. Many of these individuals are relying on credit cards to pay for necessary expenses, but unfortunately, adding to their credit card debt only complicates financial problems.

Consumer Bankruptcy, Tax Debt

Does Bankruptcy Eliminate Tax Debt?

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By the time an individual reaches the point of filing for bankruptcy, he or she is likely inundated with all types of consumer debt, ranging from medical debt to credit card debt and possibly, tax debt. While a consumer bankruptcy case will eliminate a large portion of this debt, tax debt is not normally included in this list.

Taxes fall into the category of “non-dischargeable priority debt,” which means that the bankruptcy case will not eliminate them. Additionally, repayment of these claims is given priority over other creditors’ claims. However, circumstances do exist where tax debt can be discharged with a bankruptcy filing, but certain requirements must exist before that can happen.

Consumer Bankruptcy, Consumer News

DeSantis Vetoes Florida Bankruptcy Relief Bill

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Gov. Ron DeSantis vetoed a measure last week that would have provided some much-needed relief for those struggling financially in Florida.  The specific measure, HB 265, was passed unanimously by both the state senate and legislature during the most recent legislative session, where it was quickly vetoed by DeSantis. This bill represents the third bill vetoed by the governor.

This bill would have given Floridians facing bankruptcy relief by providing them credit for any equity they may have had in their vehicle. The law would increase the bankruptcy exemption provided to debtors in their cars from $1,000 to $5,000.

Bankruptcy Law

What Debts Are Not Erased in Bankruptcy?

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Not all debts can be discharged in a consumer bankruptcy case under the U.S. Bankruptcy Code. These debts will remain with the consumer even at the successful close of the Chapter 7 bankruptcy case.  While these debts may remain with the consumer, many of his or her other consumer debts will not. The goal is that with the discharge of other debts, the consumer will have extra money to be able to pay down these non-dischargeable debts.

For the most part, the consumer debts that are discharged include credit card debt, medical bills, past utility bills, personal loans and in some cases student loan debt. Many of these non-dischargeable debts cannot be eliminated due to public policy interests, such as child support.

Lawyers in the News, Legal Awards

KINGCADE GARCIA MCMAKEN RANKED #1 ON KEV’S BEST LIST OF “5 BEST BANKRUPTCY ATTORNEYS IN MIAMI”

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MIAMI – (May 24, 2022) The Miami-based bankruptcy law firm of Kingcade Garcia McMaken  has earned the esteemed designation of being named to the Kev’s Best “5 Best Bankruptcy Attorneys in Miami.”

“It is an honor to have received this award,” said Timothy S. Kingcade, Managing Partner of Kingcade Garcia McMaken. “Being recognized for the quality of our work reinforces the commitment we make each and every day to our clients.”

COVID-19, Foreclosure Defense, Foreclosures

Foreclosure Filings are up 132 Percent from 2021

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The number of foreclosure filings is up by more than 132 percent when compared to 2021. According to statistics from Black Knight, the number of active foreclosure cases involving homes that have begun the foreclosure process on a seriously delinquent loan, went up by over than 7,000 cases in March 2022. This increase is the first one seen in a year-to-year comparison in over 10 years.

Additionally, more than 78,000 U.S. properties had a foreclosure filing during the first quarter of 2022. This figure is 39 percent higher from the previous quarter and 132 percent more when compared to one year ago, according to figures from ATTOM. Black Knight also reports that the number of serious mortgage delinquencies, mortgages that are 90 days or more past due, are 70 percent higher than they were before the COVID-19 pandemic hit in 2020.