Tag: Kingcade

Credit Card Debt, Debt Relief, Medical Debt

Recent Study Reveals the Burden Debt Has on Mental Health

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Carrying any amount of debt can be stressful, but carrying substantial amounts of debt can be debilitating to a consumer’s emotional well-being.  Debt can cause anxiety and depression, and the longer a person carries it, the more likely he or she will feel physical and emotional effects from it. A recent study highlighted just how severe the effects of insurmountable debt can be.

The data reviewed comes from the 2021 BC Consumer Debt Study released by BC Licensed Insolvency Trustees Sands & Associates. They surveyed over 1,700 consumers throughout British Columbia who declared personal bankruptcy or legally consolidated a debt.

The survey noted two specific trends regarding consumer debt. The largest proportion, approximately 32 percent, of people who responded to the survey said that they had had $25,000 to $49,999 of debt, not including mortgages or car loans.

Four out of five surveyed said they found that the main causes of their debt were completely outside of their control. For example, 18 percent reported that their debt grew to the amount it was due to them needing to rely on credit to pay for essential costs of living that their income could not cover. Additionally, others reported that their debt was caused by other issues outside of their control, such as illness or health-related problems, the breakdown of a marriage or relationship, and job-related issues.

Of the consumers surveyed, more than 56 percent of them said that credit card debt was their largest source of debt before they entered formal proceedings to eliminate their debts. Payday loans were the main source of debt for approximately six percent of those polled.

Individuals surveyed reported that being in such deep debt negatively affected their well-being. In terms of emotional well-being, 77 percent said their mental health suffered. Four out of five individuals said they constantly worried about being in debt. Three in four surveyed said debt caused them anxiety.

Even more concerning, one in six individuals surveyed said that the stress of carrying large amounts of debt resulted in them contemplating or thinking of suicide.

Mental health was not the only thing affected by debt. Fifty-three percent said that their physical health likewise suffered.

One major issue occurs when the consumer is not truly aware of how much he or she actually owes, resulting in the individual’s finances spiraling out of control. The stress that results from this debt can be debilitating to the person’s mental well-being. Approximately 68 percent reported that they concluded that debt was a major problem when it became a source of major stress in their lives. Sixty percent (60%) said they realized debt was a problem when they could only make minimum payments, while fifty percent (50%) said they realized debt was a major problem when their balances never went down from month to month. Unfortunately, at that point, their debt had grown to a figure that they could not control, forcing them into either bankruptcy or other sources of debt relief.

For more information, the full study can be accessed here.

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.

Medical Debt

CFPB Provides Details on No Surprise Act with Bulletin on Medical Debt Collection

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The Consumer Financial Protection Bureau (CFPB) released a bulletin regarding the recently passed No Surprise Act, specifically relating to both consumer reporting requirements and medical debt collection. This CFPB bulletin provides consumers with information on compliance requirements in a hope to clarify the new law for consumers and third-party debt collectors.

The No Surprise Act was enacted to protect consumers from being forced to pay for out-of-network through what is known as surprise billing. Surprise billing occurs when the customer receives a medical bill showing that a medical expense is much more than anticipated. Unfortunately, circumstances do exist where a consumer receives medical services from a hospital or other medical provider that he or she believes is in-network. However, the consumer soon receives an unwarranted surprise in the form of a bill showing that the doctor within that hospital is actually out-of-network.

In the bulletin, the CFPB warns debt collectors about how the Fair Debt Collection Practices Act (FDCPA) intersects with the No Surprise Act. Specifically, the CFPB expressed concerns regarding debt collection practices where the collector uses “false, deceptive or misleading representations” to get the consumer to pay on the debt. For example, a debt collector may feel compelled to make certain misrepresentations to the consumer that he or she must pay a debt that would otherwise fall under the No Surprise Act, when, in fact, the person is able to dispute the out-of-network charges made. Additionally, collecting an amount that far exceeds what is owed for medical care could also be considered a violation of the FDCPA.

The bulletin also expressed concerns regarding consumer reporting agencies (CRAs) publishing information regarding any unpaid medical debts that would otherwise fall under the provisions of the No Surprise Act. Under the Fair Credit Reporting Act (FCRA), CRAs are required to ensure that the information provided is accurate. CRAs and furnishers of consumer credit reporting information must establish and abide by reasonable procedures to ensure all information is accurate, and if there is any possibility that information published is not accurate, the CRA and furnisher must conduct a reasonable and timely investigation. Given that the No Surprise Act deals with situations where consumers may be told they owe a large amount of debt on a medical expense that would otherwise be covered, ensuring that CRAs are being diligent and careful when reporting this information is important.

Given the implications involved, it is important that both sides know what steps need to be taken to reduce the risk for liability in dealing with these debts. Additional guidance and information is anticipated as both consumers and debt collectors navigate the provisions of this new law.

Please click here to read more.

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 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, P.A. website at www.miamibankruptcy.com.

Medical Debt

New Law Will Protect Patients from Surprise Medical Bills

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Medical debt is the single largest cause of bankruptcy in America, according to the National Consumer Law Center (NCLC). Even if a person has medical insurance, most consumers have high deductible plans which require them to pay thousands of dollars upfront before their insurance will cover their medical expenses.

This fact could be why approximately 18 percent of all American consumers have some type of medical debt that is currently in collections, according to a recent study by the Journal of the American Medical Association. Between the years 2009 and 2020, unpaid medical bills were the largest source of debt being serviced by third-party debt collection agencies.

One of the biggest reasons for these debts being in collection involves a practice known as surprise billing. Surprise billing occurs when the customer receives a medical bill showing that a medical expense is significantly more than anticipated. The last thing a consumer wants to experience is an unpleasant surprise in the mail in the form of a bill showing that a hospital that he or she thought was in-network was, in fact, not in the person’s insurance network.  The U.S. Department of Health and Human Services reports that millions of American consumers have experienced surprise medical billing.

Often, even if a consumer believes that he or she is being seen at an in-network hospital, many times the doctors at that hospital are not in-network. They may be working at the hospital on a contract basis, being employed by a staffing firm and not the hospital itself. Once the individual is healthy and out of the hospital, he or she may soon discover that the expenses incurred during that stay were not covered by his or her insurance. This practice has become more common as private equity firms invest in the healthcare industry and look for methods to increase billing charges.

Consumers will find themselves protected from this billing practice in the near future, as of January 1, 2022, under the new “No Surprise Act.”

The No Surprises Act protects people covered under group and individual health plans from receiving surprise medical bills when they receive most emergency services, non-emergency services from out-of-network providers at in-network facilities, and services from out-of-network air ambulance service providers. It also establishes an independent dispute resolution process for payment disputes between plans and providers, and provides new dispute resolution opportunities for uninsured and self-pay individuals when they receive a medical bill that is substantially greater than the good faith estimate they get from the provider.

TIt is expected that the No Surprise Act will reduce overall healthcare costs, ensuring that consumers are paying a reasonable market rate for any medical services received.

Please click here to read more.

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 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, P.A. website at www.miamibankruptcy.com.

Foreclosure Defense, Foreclosures

Decline Seen in Latest Foreclosure Filings

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A decline in foreclosure filings was seen at the end of 2021, according to figures from the ATTOM subsidiary, RealtyTrac. According to their study, released in RealtyTrac’s Foreclosure Market Report, foreclosure filings were down five percent from the previous month.

Despite this fact, the 19,479 properties with foreclosure filings in November 2021 was up 94 percent from the previous year. This increase represents the seventh consecutive monthly increase when comparing 2020 filings with 2021.

This news comes four months after the federal foreclosure moratorium was lifted and forbearance plans ended. Housing experts were concerned that a wave of foreclosures would be hitting the courts, but this monthly decline seems to indicate otherwise.

RealtyTrac reports that foreclosure activity slowed down as 2021 came to a close. An initial surge may have been seen after the moratorium was lifted, this activity did slow down eventual across the U.S.

ATTOM reported which states had the highest foreclosure rates for 2021. States with the highest foreclosure rates included Illinois, Florida, Ohio, Delaware, and New Jersey. Florida reports one foreclosure filing for every 3,319 units. Of the metropolitan areas surveyed, three areas in Florida reported a high rate of foreclosures. Lakeland, Florida reported one foreclosure filing for every 2,345 units. Ocala, Florida reported one filing in every 2,485 units, and Miami, Florida reported one foreclosure filing for every 2,626 units.

Housing experts are optimistic with these new figures, claiming that despite the fact that governmental programs to prevent foreclosures have lapsed, the aid received through these programs have prevented many homeowners from falling into foreclosure.

Please 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

Consumer Bankruptcy, Debt Collection

Should I Hire a Debt Relief Agency to Avoid Bankruptcy?

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Consumers often resort to seeking the assistance of a debt relief company in an effort to avoid filing bankruptcy. However, hiring a third-party debt relief company is not always a wise decision for the consumer if bankruptcy is inevitable.

Some consumers decide to retain the services of a debt settlement company to negotiate payments on their outstanding debts. However, often the better option ends up being either having the consumer directly settle his or her debts without hiring another company or having the consumer move forward with filing for bankruptcy.

Debt settlement companies say they can work directly with the consumer’s creditors to settle their outstanding unsecured debts. In order to accomplish this, most debt settlement companies tell their clients to stop making payments on their debts, thereby pushing the debts into collections. The debt settlement company will then tell the consumer to pay them a monthly fee, which will be set aside into a savings account for future settlement of the person’s debts.

Unfortunately, there are many things a debt settlement company fails to tell the consumer when they are hired to negotiate the consumer’s debts. Ultimately, debt settlement is a business, and the company is looking out for their bottom line, not the consumer’s best interest, which is why so many debt relief scams exist.

First, while the debt settlement company is working on the consumer’s behalf, the total amount of debt will continue to grow thanks to interest accruing and fees being assessed when the consumer stops making payments. The consumer will also find his or her credit score taking a significant hit during this time since defaulting on a financial obligation is reflected poorly on someone’s credit report. Additionally, the creditor is under no obligation to work with the debt settlement company. They may be successful in settling a debt, the creditor is not obligated to take a settlement offer just because one is made. The creditor is always within their rights to pursue the full amount owed.

The consumer’s credit score will definitely be impacted by debt settlement. Essentially, entering debt settlement is an admission of the consumer not paying his or her debts as originally agreed. Additionally, the debt settlement will stay on the consumer’s credit report for seven years.

Ironically, debt settlement can also leave the consumer in an even worse situation than when he or she started, especially if the efforts to negotiate the debts are unsuccessful. For many consumers, going through debt settlement is essentially delaying the inevitable filing for bankruptcy. It is usually best for the consumer to first sit down with a bankruptcy attorney and analyze his or her situation to see which route is the best one to take.

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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

How Your Credit Card Debt Can Hurt Your Retirement Savings

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Credit card debt presents a challenge for many Americans. This type of debt comes with higher interest rates and lack any potential tax benefits. Credit card debt should essentially ‘retire’ before you do, because it can eat into your savings and reduce your standard of living.

While paying down debt is important, saving for retirement should not be overlooked. Many times, consumers want to focus all their efforts on paying down outstanding debts, saying that they will start saving for retirement once they conquer their debts. By doing this, however, the consumer misses out on the returns that could be made on any money invested in his or her 20s and 30s. For example, if the consumer begins saving $200 a month, starting at age 20, he or she would likely have around $550,000 to $600,000 saved at an annual return rate of 6.5 percent. If he or she waited until he or she was 25 to save, that person would only end up with $435,000 at retirement.

The problem with credit card debt is the high interest rates, which can make paying a large balance off extremely difficult. Often, consumers will only end up paying the minimum amount owed from month-to-month, which only covers the interest that accrued from the prior month. This method not only prolongs paying off the credit card, but it also delays being able to set aside any money for savings for the future. For someone with a credit card balance of $6,300, carrying an interest rate of 17 percent, paying the minimum payments alone could mean it will take the individual 18 years to fully pay off the card.

The key is to learn how to do a combination of both, saving for retirement and putting enough money towards paying down debts. Not all consumers are able to pay balances off in full, but they should at least make more than the minimum monthly amount owed. Any additional amount will help towards paying down the principal. At the same time, any amount the consumer is able to put away towards retirement savings helps, even if the amount seems small. Savings of any amount is better than the alternative of not saving at all. As more and more debts are paid off, the consumer can take what he or she was using towards outstanding debt and put that amount towards retirement savings. Any amount of progress is better than no progress at all.

How are retirement accounts protected in bankruptcy?

The Federal Bankruptcy Code and Florida bankruptcy exemptions extend protection to various types of individual retirement accounts (IRAs) during a bankruptcy. This protection was solidified in 2005 with President George W. Bush signing the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) into law.

Traditional IRAs and Roth IRAs are protected up to $1 million in value. The precise amount protected is currently $1,362,800. Adjustments are made every three years for inflation with the next one anticipated in 2022. The BAPCPA also states that bankruptcy courts have the discretion to extend additional protection to cover more than the amount allowed under the exemption.

Please 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.

student loan debt, Student Loans

4 Student Loan Relief Measures that should be Implemented if Payment Pause Is Not Extended

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It remains unclear whether the student loan repayment pause will be extended by President Biden. Two primary economic concerns urge the delay of payments past Feb. 1: Rising Omicron cases could jeopardize workers’ return to work, and given the pandemic-exacerbated racial disparities, borrowers of color will face ‘undue hardship’ if payments are restarted too soon.

If that’s the case, the organizations recommend four additional protections for student loan borrowers:

  1. Continue to waive interest for all borrowers;
  2. Return all borrowers in default on their debt to good standing to avoid financial penalties;
  3. Ensure all borrowers are aware of the process to apply for an income-driven repayment plan;
  4. Announce and implement provisions, like offering a grace period to prevent borrowers from immediately becoming delinquent on their debt.
Legal Awards

TIMOTHY S. KINGCADE RATED ONE OF THE TOP 3 BANKRUPTCY LAWYERS IN MIAMI FOR 2022

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MIAMI – (December 16, 2021) Managing Shareholder, Timothy S. Kingcade of the Miami-based bankruptcy law firm of Kingcade Garcia McMaken  has been rated one of the Top 3 bankruptcy lawyers in Miami, FL by Three Best Rated® for 2022.

“It is an honor to have received this award,” said Timothy S. Kingcade. “It is a testament to the commitment my firm and I make every day to each and every one of our clients. We know what our clients are going through when they come into our offices, and we treat them with the upmost care and respect during their most difficult financial times.”

Debt Collection

How to Dispute a Debt with a Debt Collector

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Debt collectors can be relentless. They will attempt to contact a consumer through any means necessary to collect on a debt. Financial hardships can be stressful enough but dealing with the additional stress of collection calls can be a large burden in a person’s life.

Surprisingly, this burden is even dealt with by people who don’t owe any debt at all. In fact, according to Forbes, around 52% of debt collection complaints received by the Consumer Financial Protection Bureau in the last year were made by consumers that claimed they were being contacted regarding debts they did not have.

Bankruptcy Law, Consumer Bankruptcy

When Should I File Bankruptcy?

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Chapter 7 bankruptcy is a powerful legal tool that allows those in financial crisis to cancel debts such as medical debt, credit card debt, and unsecured personal loans.

As soon as a Chapter 7 bankruptcy case is filed, the consumer receives immediate protection from his or her creditors. This protection comes from the automatic stay that is issued by the court upon filing. The automatic stay puts a pause on all collection actions, including collection phone calls, legal proceedings to collect on a debt, wage garnishments, evictions, and foreclosures. The automatic stay also gives consumers a chance to breathe and work with the court and bankruptcy trustee.