Tag: Kingcade

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.

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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.

 

 

 

 

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.

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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.

 

 

 

Bankruptcy Law, Debt Relief, Student Loans

Income-Based Repayment Plans – The Pros & Cons

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Many individuals struggle to make their student loan payments, and for those borrowers facing six figures in student loan debt, that one monthly payment can be an overwhelming burden.

However, what happens when a borrower is facing over a million dollars in student loan debt?

For one orthodontist featured in a recent Wall Street Journal article, this was his reality. He owed $1,060,945.42 in student loans, with the interest accruing at a rate of $130 daily, which also comes to $3,900 monthly or $46,800 annually.

His income in 2017 was $225,000, and he is paying his student loans back under a federal government income-based repayment (IBR) program. It can seem hardly fathomable that a man of his income level would qualify for such a program. His monthly student loan payment is $1,600. At this rate, he is not making much of a dent on the interest accruing, and it is likely he will stay on his IBR program for the 25-year period allowed. However, after that time, even though he has made barely a dent in the total balance, his student loans will be forgiven with the negative income tax consequences following, of course.

Only 101 of approximately 41 million student loan borrowers owe that much in student loan debt, but for certain career fields, like medical  or law, these debts can quickly add up to $500,000 easily.

The average law student debt varies depending on the school location and any discounts offered in the tuition for the student. However, taking the tuition, costs, and living expenses into account, a law student can come out with $200,000 plus in student loan debt. The law graduate’s dream is to land that high paying firm job, but most end up starting at a salary between $40,000 and $65,000. It is easy to see how someone can become stuck on an income-based program by paying the minimum monthly on a relatively small salary compared to what is owed.

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.

Timothy Kingcade Posts

Why Are Robocalls Getting Worse?

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For any person with a phone, it seems like robocalls are becoming more frequent and more annoying. Despite the creation of the “No-Call” lists offered by many states, these calls have persisted. In response to this increase in calls, the Federal Communications Commission (FCC), through its Chairman Ajit Pai, has recently announced that ending illegal use of robocalls is a priority of the FCC.

In March 2018, Ajit made an announcement that the FCC issued over $200 million in fines for these harassing calls made in the previous year. The problem is these phone calls have continued to happen regardless of these fines. In fact, according to the screening service, YouMail, approximately 3.4 billion automated calls were made in April 2018, which was up 900 million per month compared to the prior year.

In November 2017, the FCC issued new regulations which allowed phone companies to block calls from invalid numbers or to show evidence of what is referred to as “spoofing.” Spoofing involves the caller tricking caller ID into hiding his or her identity. The FCC has also issued a proposal in March 2018 which will create a database of reassigned numbers so that business do not continue to call the wrong people.

Currently, the Telephone Consumer Protection Act (TCPA) regulates robocalls. The law dictates that autodialers must have the prior consent of consumers to contact them, and that consumers have the right to officially opt out of the robocalls. If a company continues to make calls despite the consumer opting out, they are doing this illegally.

Not all robocalls are illegal. Some can be used as a way to remind the caller about an upcoming appointment, flight cancellation or emergency notification. Also, sometimes these calls are also a way to try to collect on a valid debt. The problem becomes when the calls become excessive or even harassing.

The FCC has recently fined a Miami man, Adrian Abramovich, $120 million for 96 million robocalls he was accused of making in one month. The FCC has been accused of sending mixed signals when these robocalls come from “legitimate” businesses.

Student loan company, Navient, has received 599 “communication tactics” complaints that were submitted to the Consumer Financial Protection Bureau (CFPB). One of the complaints stated that the company called one person more than 12 times a day, including contacting the individual’s past coworkers, friends and family. The complaint also stated that the company called the same number 14 times in a 30-minute time period.

In response, Navient, along with other businesses, have petitioned the FCC to allow them to be exempted from the number of calls they can make to a consumer. These petitions are currently pending. These companies argue that if an existing relationship is already there, then the consent requirements should not be as strict. Further, they say that the exemption should apply to cellphones, as well as landlines.

In March 2018, a federal appeals court rolled back a decision made under the FCC during the Obama administration which prohibited debt collectors from using auto dialers to reach cell phone numbers. In that past decision, the definition of an “auto dialer” was broadened. However, the recent legal decision ruled that the definition given was too broad. Now experts are waiting to see how this narrower definition will affect current regulations.  It is also now up to the FCC to write a new definition if they wish to clarify what exactly an auto dialer is under the law. If the FCC chooses to make the definition narrower, experts worry that this will leave consumers not protected from excessive and unwanted robocalls.

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, Debt Relief

Miami Bankruptcy Attorney Timothy S. Kingcade is proud to announce the release of his new e-book

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Miami Bankruptcy Attorney Timothy S. Kingcade is proud to announce the release of his new e-book, Restart Rebuild and Recover: Filing Bankruptcy in Florida.  FREE to download on TimothyKingcade.com and MiamiBankruptcy.com.

It is a must-read for anyone considering filing bankruptcy in Florida.

Here is what the book covers:

  • THE TOP 3 DANGERS OF FILING BANKRUPTCY WITHOUT EXPERIENCED LEGAL COUNSEL

DANGER 1: Beware of Filing Bankruptcy Pro Se

DANGER 2:  Beware of “Do-It-Yourself” Bankruptcy Kits in Florida

DANGER 3: Without experienced legal counsel, you may not receive the best advice on which type of bankruptcy is best for your particular situation – Chapter 7 or Chapter 13?

  • HOW TO PAY? We will show you how you can afford to hire experienced legal counsel and strategies to cover your legal fees.
  • CHARTING YOUR PATH TO A BRIGHTER FINANCIAL FUTURE We discuss what happens after you file and the steps you can take to rebuild your credit, your savings and your peace of mind.

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, Debt Relief, Timothy Kingcade Posts

Myths about bankruptcy and your credit score debunked

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There are many misconceptions surrounding the amount of time it takes to rebuild your credit after bankruptcy.  We are clearing up some of the common misconceptions about how bankruptcy affects your credit score.

Myth #1: All bankruptcy information stays on your credit report for ten years.

The Truth: Only the public record of a Chapter 7 bankruptcy lasts for ten years.   All other bankruptcy references remain on your credit report for seven years, including:  Line items stating “account included in bankruptcy;” Third-party collection debts, judgments and tax liens discharged in bankruptcy and Chapter 13 public record items.  Once these items begin to disappear, you will see a bigger boost to your credit score.

Myth #2: You will have poor credit as long as the bankruptcy information stays on your credit report.

The Truth: This is one of the biggest misconceptions and one that our clients can tell you is a complete myth.

My credit score said on all three reports 775, I couldn’t believe that I had such a great score before 10 years. Tim for me was the best move I have made for my situation. I have no regrets, I am glad the past is the past. – Bill T.

Hi Tim- I just wanted to send a quick note and thank you and your team for handling my bankruptcy case.  It is only a month or two after discharge, and my credit scores are already in the upper 600’s.  I’ve sent a screenshot in the event that you would like to use this to show prospective clients. – C.S.

You can begin to build your credit back with smart credit management.  Within a few years, you can obtain a “good” credit score ranging from 700 – 749 by doing the following:

  • Adding new credit, such as secured credit cards or small installment loans, to offset the negative information on your credit report;
  • Making on-time payments for all debt, new and old;
  • Keeping your credit card balances under 30% utilization.

Myth #3: Bankruptcy affects the credit of all filers equally, regardless of the amount of debt.

The Truth: Your credit score will factor in details such as the amount of debt discharged and the proportion of negative to positive accounts on your credit report. If you have a low amount of debt and only a few accounts included in your bankruptcy, your credit score will be higher than someone with a more severe bankruptcy case.

Myth #4: You cannot get a credit card or loan after filing for bankruptcy.

The Truth: Credit cards are one of the best ways to begin rebuilding your credit and you will be surprised how quickly offers for them will appear in your mailbox after filing for bankruptcy.  Secured credit cards, which require an upfront security deposit, allow you to spend and build credit easily and safely.

Myth #5: Bankruptcy will ruin your credit forever.

The Truth: Bankruptcy will damage your credit in the short term, but practicing good financial habits, can rebuild your credit to be stronger than ever. A report from the Federal Reserve Bank of Philadelphia showed that those who filed for Chapter 7 bankruptcy in 2010 had an average credit score of 538.2 on Equifax’s scale of 280 to 850. But the average score jumped to 620 by the time those bankruptcies were finalized, approximately six to eight months later. There are many ways to rebuild your credit after filing for bankruptcy. There are certain limitations you will face after filing, but taking advantage of the right financial tools can go a long way in helping you get back on the right path for your financial future.

If you have any 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.