Tag: Kingcade

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.  

Credit Card Debt

Paying Off Credit Card Debt? Avoid Making This Common Mistake.

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Paying off credit card debt can be hugely rewarding. Just last year, Americans broke the record for credit card debt paid off, coming in at $83 billion. However, when it comes to paying credit card debt, many Americans make a mistake that can have a lasting effect on their credit scores.

In an effort to avoid amassing greater debt while preparing to pay off the existing debt, many will halt the use of their credit cards. This can result in the closing of your credit card account due to inactivity. When a credit card account is closed, your credit report can seriously suffer. This is due to the debt-to-credit ratio. This metric represents the amount of credit utilized versus what credit is available for the consumer. When losing a line of credit due to inactivity, your available credit declines and the distance between what is used and what is available increases.

Credit Card Debt

1 in 3 Shoppers Still Paying Off Last Year’s Holiday Debt

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Going into the 2021 holiday season, an estimated 29% of shoppers that used credit cards for purchases are still struggling to pay off holiday debt from last year.

Following a record amount of credit card debt payment from Americans in 2020, card balances have already risen again by around $17 billion in 2021. With holiday spending expected to reach a maximum height this year due to product shortages, it will be especially difficult for shoppers to keep up with holiday debt.

student loan debt, Student Loans

First Wave of Public Servants Awarded Student Loan Forgiveness Through Temporary Program

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The Biden administration recently announced the introduction of a temporary expansion of the Public Service Loan Forgiveness program. The program cancels outstanding student debt for public servants.

In order to be eligible, debt holders must have made 120 payments toward their federal student debt on-time for at least 10 years. The loans must have been made through the federal government and payments must have been made through repayment plans, most of which are based upon income. They must also work for the government or one of the non-profit organizations specified by the program. Many teachers, public defenders, Peace Corps workers, and law enforcement officers may qualify for forgiveness.

Foreclosure Defense, Foreclosures

South Florida Foreclosure Filings Increase in the Third Quarter

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South Florida foreclosure filings increased during the third quarter of 2021, shortly after the federal moratoriums on evictions and foreclosures were lifted. Housing experts anticipate that this upward trend could continue well into the fourth quarter of 2021.

The moratorium on foreclosures expired for most homeowners on July 31, 2021. It was created in an effort to help struggling homeowners stay in their homes during the worst of the COVID-19 pandemic. However, now that the moratorium has been lifted, many mortgage lenders are moving forward with foreclosure proceedings.

Debt Collection, Debt Relief

CFPB Announces Two Final Debt Collection Rules to Go into Effect November 30

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The Consumer Financial Protection Bureau (CFPB) announced two final debt collection rules which are scheduled to take effect on November 30, 2021. These two rules clarify and add further detail to provisions of the Fair Debt Collection Practices Act (FDCPA), the law that offers protections to consumers from abusive or unfair collection practices from third-party debt collectors.

These rules were originally going to be made effective in the spring, but the CFPB delayed the effective date by 60 days to allow all affected parties time to comply due to the COVID-19 pandemic. However, after making the announcement regarding a 60-day delay, the CFPB determined that the extension was not needed and published the official notice in the Federal Register officially withdrawing the extension.

Debt in Divorce, Debt Relief

How Debt is Handled in Divorce

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In a divorce, the married parties end up dividing assets accumulated during their marriage. Most people going through a divorce worry about dividing up their property and other assets. However, dividing up debt is just as important- if not more. This is of particular importance if the spouses do not have many assets.

A divorce judgment is where the court divides up the couple’s assets, as well as their debts. Part of this order involves determining which spouse is responsible for which debts. Normally, debts are divided equally between the parties, but that is not always the case when one spouse earns significantly more than the other or where one spouse is receiving more property that has debt connected to it than the other spouse.

Medical Debt

Medical Debt Is Different: Know How To Deal With It

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It only takes one major medical emergency to set a person back thousands of dollars, even with adequate health insurance coverage. This is why medical debt is one of the largest categories of unsecured debt discharged in bankruptcy.

Many consumers resort to solutions such as paying medical expenses with credit cards or taking out personal loans to pay them off, but many times, these solutions only put them in more financial distress.