Tag: Kingcade

Bankruptcy Law, Debt Relief, Student Loans, Timothy Kingcade Posts

Student Loan Borrowers Seeing Some Relief from Bankruptcy Judges

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Student loan borrowers are beginning to see some relief in bankruptcy court when it comes to discharging student loan debt. At the start of 2018, the Department released a statement that it was reviewing student loan bankruptcy laws with respect to how difficult it has been for borrowers to receive a discharge of their student loan debt in bankruptcy. Following this statement, some bankruptcy court judges have lessened the standards borrowers are held to when deciding on whether the loan obligation should be discharged.

Since the statement was made by the Department and subsequent request for comments on the current policy, no updates have been given as to whether the Department would be making official policy changes. In the meantime, bankruptcy court judges seemed to have taken a cue from the Department and are now making rulings to make loan repayment terms easier on borrowers for the meantime.

A recent Wall Street Journal report found that judges were more becoming more lenient when dealing with individuals saddled with student loans. Current college graduates are now entering the workforce with well over six figures in student loan debt. Unless these graduates land a job making an income that is comparable to this debt, these individuals soon find themselves unable to make student loan payments. Bankruptcy is meant to provide individuals drowning in debt with a way out, but the current policy with respect to student loan debt has dictated that this obligation stays with the debtor even after a bankruptcy discharge of all other debts.

The study looked at 50 current and former bankruptcy court judges, reviewing bankruptcy cases where the filer had student loan debt. The study showed that a number of the judges were very sympathetic to the cause of the individuals in front of them who were not able to pay their current student loan debt obligations. In fact, many of them understood the struggle all too well with student loan debt since they may also carry debt from law school, or they may be influenced by the struggles they see with their law clerks finishing or graduating from law school. It is estimated that the average lawyer holds just under $120,000 in student loan debt.

These judges are required to follow the legal standard that a borrower must pass the “undue hardship test,” which has traditionally been a strict standard. It has also been a standard that has never been clearly defined by bankruptcy law and has been applied inconsistently from court to court.

Congress has never given a clear definition for what undue hardship consists of, but many courts have used the “Brunner” test to determine what this means.

The Brunner test requires that the borrower show that he or she has made a good faith effort in repaying the debt, that the financial circumstance is such that the person cannot have a reasonable standard of living if he or she has to repay the debt, and this financial situation is likely to continue in the future.

Even though the judges’ hands may be tied by the legal standard, they may seek other, more creative solutions to help the borrowers ease their burdens. They may not be able to completely cancel the debt in all situations, but they have tried to help alleviate some of that burden. In some cases, however, some of the more sympathetic judges have completely cancelled the borrower’s past due debt obligation.

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. There are ways to file for bankruptcy with student loan 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 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.

Related Resources:

https://studentloans.net/bankruptcy-judges-taking-it-easy-on-some-student-loan-borrowers/

https://lendedu.com/news/some-judges-push-to-ease-bankruptcy-rules-for-student-loan-debt/

 

Bankruptcy Law, Credit, Credit Card Debt, Debt Relief, Student Loans, Timothy Kingcade Posts

U.S. Consumer Debt Increases in the Month of May

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Recent data shows that U.S. consumer debt rose in the month of May by the most it had in the last six months, showing that Americans were more confident in their spending habits halfway through the second quarter.  The increase was seen in revolving debt, which includes credit card debt along with non-revolving debt like student loan debt and auto loans.

As of May 2018, Americans owe more than 26 percent of their income on consumer debt, up from 22 percent in 2010. That means Americans are on track to accumulate $4 trillion collectively in consumer debt by the end of this year. Americans have been accumulating more debt, particularly over the last two years, where consumer credit has grown at a rate of 5 to 6 percent annually.

Click here to read more on this story.

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, Timothy Kingcade Posts

Lawmakers Approve Extending Foreclosure Mediation Law

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Rhode Island lawmakers recently approved a bill that will extend an expiring foreclosure mediation law. The bill was approved last weekend as the General Assembly ended its session and is making its way to the governor for signature.

This law has been in place since 2013 and requires Rhode Island Mortgage lenders to participate in mediation with homeowners whose mortgages are in default and are facing foreclosure. The hope of this law was to prevent the resulting onslaught of foreclosures.  The law is set to expire on July 1, 2018. This new extension moves the law’s sunset provision to July 1, 2013.

The Rhode Island Attorney General, Peter Kilmartin, has declared this extension “good public policy,” in that it was meant to save homeowners from losing their homes. Since the law was put into place in 2013, it is estimated that approximately 1,000 homeowners have sought foreclosure mediation.

The mediation program is administered through RIHousing. According to the program administrator, more than 70 percent of the homeowners who have gone through the mediation program have reached an agreement with the mortgage provider and were able to stay in their homes.

Florida had a similar mandatory mediation program that was enacted in 2009. The state ended its mandatory foreclosure mediation program in December 2011. The program required all residential foreclosure cases involving homestead property in Florida to undergo mediation, through an administrative order that was issued by the Florida Supreme Court. Upon a later Florida Supreme Court review, it was reported that the program was not having as much success as has been reported in Rhode Island. A panel review was started to determine whether the program should be continued, modified or eliminated. It was after that review that the Florida Supreme Court determined that the program should then be eliminated, and it ended at the end of 2011.

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 McMaken website at www.miamibankruptcy.com.

Related Resources:

https://www.usnews.com/news/best-states/rhode-island/articles/2018-06-25/lawmakers-approve-extending-foreclosure-mediation-law

http://www.flcourts.org/resources-and-services/alternative-dispute-resolution/mediation.stml

http://www.wsh-law.com/files/In_re_Managed_Mediation.pdf

 

 

Bankruptcy Law, Timothy Kingcade Posts

Is It Ever Too Late to Negotiate a Medical Bill?

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Medical debt continues to be a large portion of debt collection proceedings, but many individuals facing large amounts of medical debt may not believe they have rights when it comes to negotiating the bill. For this reason, these individuals may delay contacting the provider to see if the bill can be reduced or if they could be placed on an affordable repayment plan. However, even if the person owing the medical debt waits months or even years to try to make good on the debt, it is usually never too late to negotiate a medical bill.

Properly Reviewing the Bill

Before negotiating a payment schedule or amount, it is always wise to carefully review the billing statement sent to the patient. The provider needs to properly bill for all services provided within a reasonable amount of time, and not doing this can often be seen as a breach of contract. In addition, it should never be assumed that all of the items listed in the bill are correct. It is recommended that the patient review what is listed, check with his or her calendar to make sure that they line up, and if they do not, bring this discrepancy to the attention of the provider. These corrections can be made even after a period of time passes and the bill has remained unpaid.

Negotiating Past-Due Medical Bills and Bankruptcy

It is possible to negotiate a medical bill, even if it is past due. At the end of the day, most of the medical service providers want to receive some type of payment, even if it is a lower amount.

While the company is within its rights to not negotiate on a bill that is past due, it is usually in the best interest of the company to take a reduced payment, than no payment at all.  Medical debt is normally classified as an unsecured debt in a bankruptcy case meaning it is the debt that is discharged at the close of the case. Therefore, it is highly possible the medical company will walk away without receiving any payment if the individual pursues a Chapter 7 bankruptcy case.

Request Financial Assistance with Medical Debt

Medical providers will often offer financial assistance for individuals who are not able to pay for their medical bills. The company will not become aware of this issue if the consumer simply leaves the bill unpaid. It often helps to reach out and be screened for other programs, including financial assistance or state aid. The assistance can make it possible for the individual to pay off these debts in a manner that is much more realistic for the patient.

Speak with a Consumer or Bankruptcy Law Attorney

Depending on how much time has passed, it is recommended that the individual contact a consumer bankruptcy attorney to see if the statute of limitations has passed for these debts. Every state has a statute of limitations which controls the time period a creditor has to collect on a debt. Florida’s statute of limitations for medical debt is five years. However, if the patient negotiates and begins paying on the debt that falls out of this five-year period, this may revive the statute of limitations and then leave the person open to a lawsuit for the balance of the debt if he or she fails to continue paying. Therefore, it helps to speak first with an attorney regarding the debt before making any other decisions.

Click here to read more on this story.

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 website at www.miamibankruptcy.com.

 

Bankruptcy Law, Debt Relief, Timothy Kingcade Posts

What Constitutes Harassment by a Debt Collector?

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For an individual struggling with insurmountable debt, the continuous calls and communications can be overwhelming and stressful. However, at what point do these communications constitute harassment? And if an individual believes that he or she is being harassed by a debt collector, what is the recourse this person has against the debt collector?

Fair Debt Collection Practices Act

Debtors have protection from harassment from third-party debt collectors under a federal law, the Fair Debt Collection Practices Act (FDCPA). Under this law, debt collectors are prohibited from harassing, oppressing or abusing debtors while trying to collect upon a debt. This behavior includes continuous phone calls meant to annoy or harass the individual, use of obscene language and making threats of violence or retaliation against the debtor.

Specifically, the FDCPA prohibits the following:

  • Repeated phone calls annoying, abusing or harassing the debtor or anyone answering the phone;
  • Use of obscene or profane language in these communications;
  • Threats of violence or causing harm to the debtor or other person on the phone;
  • Publishing a list of individuals who refuse to pay debts, not including reporting the information to a credit reporting company;
  • Not disclosing the debt collector’s information when communicating with someone;
  • Contacting third-parties connected to the debtor and giving them information regarding the debt and/or why they are calling;
  • Contacting the debtor at work or showing up at the debtor’s work.

The FDCPA prohibits misrepresentations from being made about the debt. Essentially, the FDCPA makes it so debt collectors cannot use false, misleading or fraudulent practices when collecting on the debt. This means the debt collector cannot lie about how much is owed, cannot make false threats that the company will have the debtor arrested, cannot make false statements that the person on the phone is an attorney when he or she is not, cannot make threats to do things that are not legal, and cannot make threats to do something that the debt collector, in fact, has no intention of doing or right to do.

After the debtor has experienced a series of these violations, the FDCPA requires the debtor to send written notification to the debt collector to stop communicating with him or her and informing the debt collector that this communication is in violation of the FDCPA. If the debt collector continues to push and communicate with the person after this notification, it is recommended that the debtor file a claim for an FDCPA violation. If the individual does file an FDCPA claim and wins, the debt collector will pay the debtor damages, as well as attorney’s fees for having to file the claim.

It is highly recommended that the debtor keep a file of all communication received by the debt collector and keep all recordings of voicemails or other communications. It is also recommended that the debtor write down all dates and times that these conversations have occurred, along with notes about what was discussed in the event a legal claim needs to be filed.

Our firm works to hold creditors accountable for violating the protections allotted by the U.S. bankruptcy laws.  Recently, our firm’s motion was granted by a Florida judge in a case that held the creditor in contempt of court for violating the automatic stay in a Miami bankruptcy case. The Order directed the creditor to cease and desist all eviction proceedings until further order of the court.  The creditor in this case was also required to pay attorneys’ fees for our firm having to bring forth the motion to enforce the automatic stay to protect our client.

If you are dealing with a creditor you think may have violated the automatic stay, contact your attorney immediately.  An experienced Miami bankruptcy attorney will know whether the contact was innocent in nature or a willful violation worth pursuing.

Click here to read more on this story.

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, Timothy Kingcade Posts

Debt Collectors’ Dialing Strategies Come Under Scrutiny in State Supreme Court Ruling

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A recent Massachusetts Supreme Court ruling has given consumers more protection from creditors seeking payment on outstanding debts while leaving some questions unanswered for creditors. The court has ruled in Armata v. Target Corporation, that creditors are not exempt from rules that limit contact with consumers who owe them money.

A copy of the decision can be found here.

In this case, the consumer, Debra Armata, incurred debt through her Target-brand debit card, and this debt became more than 30 days past due. Target then began to collect on the debt and contacted Armata using a predictive dialer. These devices transfer the cardholders who do answer the phone to a live representative about 95 percent of the time with the other five percent of the time leading the person to a recorded message.  There are no voicemails left if the person does not answer the phone.

Under Massachusetts law, debt collection laws limit how many times a creditor can try to contact a consumer telephonically to collect on a debt, limiting these calls to two every seven days. However, according to the Massachusetts Attorney General, any unsuccessful attempts by the creditor do not constitute initiation of communication if the creditor was “truly unable” to reach the debtor or leave a message.

Target did not argue that it contacted the plaintiff more than two times in seven days. However, the company argued it did not initiate communications because it uses an auto dialer and does not leave voicemails if no one answers. The company stated it was exempt from these regulations for this reason as it was “truly unable” to reach Armata.

The Court disputed this argument stating that Target was trying to create too large of a loophole that would essentially allow any creditor to avoid the limits imposed by state law by using auto dialing technology. It would leave debtors unprotected from these continuous communications.

The attorney general’s term “truly unable” was better defined in the opinion. One example given by the court was if the person did not answer the phone and did not set up his or her voicemail. If that situation occurred or the person’s voicemail was full, or phone disconnected, then the company would qualify as being “truly unable” to reach the consumer.

The court also clarified that creditors who use automatic dialers or those who voluntarily decide to not leave voicemail messages, such as Target, are subject to the state’s regulations.

Target had also argued that the company was not able to leave voicemail messages because doing this would risk violating the Fair Debt Collection Practices Act (FDCPA). The court pointed out that the company did not fall within the restrictions of the FDCPA, since that law covers third-party debt collection agencies and not the actual creditors themselves, such as Target.

Click here to read more on this story.

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.

 

Bankruptcy Law, Credit, Credit Card Debt, Debt Relief, Timothy Kingcade Posts

Why Waiting to File Bankruptcy Can Hurt You

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The decision to file for bankruptcy is never an easy one to make. There are a number of myths surrounding filing for bankruptcy, which can oftentimes lead people to wait.  It often can seem like an admission of personal or financial failure, and for this reason, many filers will hold off on filing for bankruptcy for years, allowing their financial issues to only worsen. In fact, the longer people wait to file for bankruptcy, the more likely they will end up struggling, according to a law review study recently published. By the time the individual files for bankruptcy, their personal life and well-being, as well as their financial situation will be damaged to the point where getting a fresh start can be extremely difficult.

Waiting Can Be Draining

The period of time before an individual files for bankruptcy is often referred to as a “financial sweatbox.” The filers are already under an immense amount of stress, are facing debt collector phone calls and lawsuits and are going without basic necessities to avoid the inevitable: having to file for bankruptcy. This “sweat it out” period can end up lasting for years before the person finally comes to the decision that bankruptcy is best for him or her. A recent Notre Dame Law Review piece titled “Life in the Sweatbox” focused on this period of time, showing how waiting it out can be more damaging than making the leap to file for bankruptcy sooner rather than later.

The study used data from the Consumer Bankruptcy Project, which is a long-term academic research project that focus on people who end up filing for bankruptcy, reviewing the reasons why they file, as well as the consequences. The data includes information from approximately 3,200 bankruptcy cases between the years 2013 and 2016. “Life in the Sweatbox” focuses on 910 of the 3,200 filers.

Of those surveyed, over 66 percent of them were determined to be “long strugglers,” meaning they had been in the sweatbox for over two years. Approximately one-third of them waited five years or more to file for bankruptcy. They reviewed statistics from 2007 which showed that the number of people who were “long strugglers” doubled in numbers.

The problem is the longer the people waited, the worse their financial situation became. Those who waited had half the median assets compared to other debtors who did not wait or did not wait as long. In addition, the median debt-to-income ratio of these long strugglers was over 40 percent higher than other debtors. Approximately 50 percent of the long-term strugglers were facing debt collection lawsuits while only 35 percent of the others were facing them.

It was discussed that the stigma that exists around filing is what keeps people from making that decision to file for bankruptcy. However, bankruptcy laws provide the ability for debtors to get a fresh start. Prolonging the decision to file only allows for assets to be depleted making it even more difficult for the person to get a true fresh start.

When to File for Bankruptcy

If a person’s debts are more than 40 percent of his or her income, it is recommended that he or she reaches out for financial guidance. Also, if the person is using debt to pay for basic necessities or other debts, this is another red flag that perhaps that person is in over his or her head.

A bankruptcy attorney can review what debts are crippling the individual. If they are unsecured consumer debts, including credit cards, personal loans or medical bills, these can all be wiped out in bankruptcy.  Lastly, if the individual is forgoing basic necessities such as food or medical care, it is highly recommended that he or she discuss options with a consumer bankruptcy attorney.

Click here to read more on this story.

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.

 

 

 

 

Debt Relief, Foreclosures, Timothy Kingcade Posts

New Bill Seeks to Enhance Foreclosure Protections

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The Mortgage Servicing Fairness Act of 2018, introduced by Rep. Maxine Waters (D-CA), aims to protect homeowners against foreclosure and increase the Federal Housing Finance Agency’s (FHFA) oversight of mortgage servicers that conduct business with Fannie Mae and Freddie Mac. Both of these agencies own or guarantee nearly 60 percent of all mortgage loans.

Waters, who is a ranking member of the House Committee on Financial Services, introduced the bill on Monday and said the new legislation will strengthen FHFA oversight of servicers who conduct business with Fannie Mae and Freddie Mac. The new legislation will require:

  • Documentation of servicer behavior;
  • FHFA evaluation of the services provided to borrowers; and
  • Will penalize servicer failure to meet minimum standards established by the FHFA.

The bill is supported by the National Consumer Law Center and the National Fair Housing Alliance.

Click here to read more.

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 McMaken website at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Credit Card Debt, Debt Relief, Timothy Kingcade Posts

Beware of ‘Get Out of Debt Quick’ Scams

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Getting out of debt is a goal for many people, and in a perfect world, a ‘get out of debt quick’ offer sounds too good to be true.  However, just like the ‘get rich quick’ schemes, if it sounds too good to be true, odds are it probably is too good to be true.

Debt relief companies prey on consumers who are drowning in debt and going through a great deal of personal stress as a result. While some legitimate debt relief companies do exist, the majority of them are looking to scam individuals who are desperate to get out of debt at all costs and find relief from the numerous collection calls they are receiving.

One of the most important steps an individual can take before choosing to work with a debt relief company is to thoroughly investigate and research the company. With online resources available, as well as review websites, it is easy to find out quickly whether a debt relief company is legitimate or not.

Most importantly, never pay an upfront fee to one of these companies. If the company is requesting this, it is highly likely you will never hear from the company again after the initial fee has been paid. In addition, if the company is guaranteeing that they can eliminate all of your debt that should be a red flag as well. No debt relief company has the ability to guarantee that a creditor will forgive any debt. In fact, the Federal Trade Commission has warned against these types of statements. If a debtor comes into contact with a company that makes any of these statements, the FTC encourages the individual to file a report and expose a possible scam.

The main question you should ask is: How much progress can be made through lifestyle changes and spending habits?

If smarter spending and lifestyle changes are sufficient, a debt management or debt consolidation program may be the best choice. These types of programs work on the balances with the highest interest rates first or consolidate debts by taking out a new loan with a lower interest rate to pay off older balances first. Debt management or consolidation normally requires a monthly fee. These companies will work with your creditors to lower the total debt balance.  The hope is that creditors will rather receive a lower lump-sum payment on the debt rather than risk not being paid at all in a bankruptcy situation.

However, sometimes the  debt amount can be just too much to handle. Debt settlement may be the best option in these cases, or even bankruptcy if the settlement of the debt is still not enough. Debt settlement can take anywhere from between two to four years for a company to work with creditors to pay down debt. If bankruptcy is the best option, Chapter 7 bankruptcy can be completed in three to six months while Chapter 13 can take anywhere from three to five years.

Make sure and explore all of your options and make the best decision for your situation. A bankruptcy attorney can help decipher these options and give recommendations on what would be ideal and in your best interest.

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.

 

 

 

 

Bankruptcy Law, Student Loans, Timothy Kingcade Posts

Judges Would Not Consider Forgiving Student Loan Debt until Now

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Bankruptcy judges have traditionally refused to forgive student loans as part of the bankruptcy process, no matter how severe the debt may be for the borrower. However, this mindset is slowly beginning to change as some judges are beginning to give some relief to borrowers who are drowning in student loan debt.

According to the Wall Street Journal, more than 50 current and former bankruptcy judges have been reported as being frustrated with the lack of relief they see borrowers receiving when it comes to student loan debt. These individuals come into bankruptcy with six-figure student loan balances but are oftentimes turned away due to lack of resources or the legal ability to help these borrowers.

Once such bankruptcy judge is U.S. Bankruptcy Court Judge John Waites from South Carolina who has expressed the belief that if the law is not going to change, it is up to the courts to offer that help.

It is reported that approximately 45 million individuals carry some form of student loan debt in the United States. The amount of this debt has jumped to $1.4 trillion, and the majority of this debt is backed by the federal government. Student loan debt has surpassed credit cards as the largest source of consumer debt, following mortgages. However, the problem is that most other forms of debt can be liquidated in bankruptcy. For years, the legal standard has made student loan debt essentially untouchable.

The current Presidential Administration is reviewing whether to fight the requests to cancel student loan debt through bankruptcy less aggressively than they have in the past.  However, until that happens, bankruptcy lawyers are noticing that judges are being more lenient when these requests are made in court.

The latest review was done in 2017 and involved judges’ ruling on student loan debt 16 times. Out of these cases, 12 of them ended with the judges preserving the debt with only three canceling. In one case, the borrower was granted partial relief.

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. There are ways to file for bankruptcy with student loan 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 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.