Miami bankruptcy attorney Archives - Page 66 of 104 - Kingcade Garcia McMaken, P.A. Bankruptcy Attorneys

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Subprime Warning Issued by the Fed As Household Debt Hits New All Time High

Posted on November 30, 2017by Admin

U.S. household debt has grown $605 billion in the past 12 months, with $116 billion, accumulating in the latest quarter, according to the Federal Reserve Bank of New York. Debt is ballooning on mortgages, student loans and auto loans. Credit card debt has increased 3.1 percent in the latest quarter.

Total U.S. household debt was $12.96 trillion in the three months to September, up $116 billion from the prior three months. Debt levels were $605 billion higher than during the third quarter of 2016.

Auto loans grew by $23 billion and credit card balances increased by $24 billion, while student loans saw a $13 billion increase. Credit card balances increased by $24 billion. The combined credit card limit rose for the 19th consecutive quarter, with a 1.5% increase.

Some financial experts are saying this build-up is reminiscent to the financial crisis of 2007 and 2008. Federal data shows an increase in credit cards and auto loans moving into delinquency.

Aggregate household debt increased for the 13th consecutive quarter, rising by $116 billion (0.9%) to a new all time high. As of September 30, 2017, total household indebtedness was $12.96 trillion, an increase of $605 billion from a year ago and equivalent to 66% of US GDP, versus a high of around 87% in early 2009.

If you are struggling with debt, know your rights and what debt collectors can and cannot do. The Fair Debt Collections Practices Act (FDCPA) limits the tactics that debt collectors can take to collect on a debt.

Click here to read more on this story.

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.

Related Resources:

http://www.zerohedge.com/news/2017-11-14/fed-issues-subprime-warning-household-debt-hits-new-all-time-high

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

Student Loan Borrowers Awarded $3.75 Million from Citibank

Posted on November 29, 2017by Admin

The Consumer Financial Protection Bureau said in a consent order that Citibank improperly misled borrowers into believing they were ineligible for a tax deduction on interest they paid on certain student loans. Student loan borrowers who were effected, will share $3.75 million in payments from Citibank for financial practices that forced them to make overpayments, a federal watchdog said this week.

In addition, the bank incorrectly charged late fees and extra interest to borrowers who were still in school and eligible to defer repayments on their student loans. Citibank also misled borrowers about their monthly bills and failed to disclose required information after the bank denied borrower requests to release loan co-signers.

“Citibank’s servicing failures made it more costly and confusing for borrowers trying to pay back their student loans,” Richard Cordray, the consumer bureau’s director, said in a statement issued with the announcement.

Federal law allows student loan borrowers to deduct as much as $2,500 in annual interest they pay on student loan debt. However, Citibank made statements that suggested the borrowers had not paid qualified interest or were ineligible for the deductions.

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. 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, Credit, Debt Relief, Timothy Kingcade Posts

Seniors and Bankruptcy: The Reasons Older Americans Are Filing

Posted on November 28, 2017by Admin

Medical debt is the No. 1 cause of personal bankruptcy filings in the United States and a key reason more seniors are filing for bankruptcy. Another reason for the uptick in bankruptcy filings among Americans 50 and older is the rising cost of healthcare. We recently did a posting on Tips for Seniors to Avoid Medical Debt. The 2005 Bankruptcy Reform Act made it more difficult for some consumers to qualify for bankruptcy, but it did not change the number of people who had more debt than they could afford to pay.

Making matters worse for older Americans are the collection practices of unscrupulous debt collectors. A recent report from the federal Consumer Financial Protection Bureau found that debt collection was the most-complained about product or service for consumers over 62.

Bankruptcy brings with it emotional relief and getting their case filed and debts discharged relieves so much stress for our clients. Seniors can protect assets through bankruptcy. Social security, 401(k)’s, pensions, qualified profit-sharing plans, and individual retirement accounts worth up to $1.245 million are all exempt from creditors during bankruptcy. This means that retirement income and savings are out of reach and protected under federal law. Protecting equity, which is the value of a property, minus the amount owed, is important for seniors. Using a homestead exemption, designed to protect the equity of a main residence in a bankruptcy, will usually keep retirees from losing their homes. Florida homeowners can take advantage of the fact that Florida does not have a limit on the equity that is exempt.

Click here to read more on this story.

Credit, Debt Relief, Timothy Kingcade Posts

Cyber Monday: Online Shopping Safety Tips

Posted on November 27, 2017by Admin

Cyber Monday is expected to be the biggest online shopping day of the year with $6.6 billion in sales. While consumers are busy capitalizing on the best holiday deals, it is important to remember to safeguard your personal information and shop safely. Scammers will be working overtime today and throughout the holiday season looking for ways to access shoppers’ personal information to open up new account in their names, take out loans, and even file for unemployment assistance.

Shopping online has become the preferred method of shopping for many consumers. In fact, according to Adobe Digital Insights consumers have spent $28.6 billion shopping online the first 21 days of November, up nearly 18 percent over last year.

The biggest threat consumers’ face when shopping online is identity theft. When you shop online, a lot of your personal information is required for you to make a purchase. Make sure you are shopping online at credible websites, merchants and trusted retailers. Be wary of websites that are selling “too good to be true” offers. Usually, they are just that. Verify a secured connection by looking for a padlock in the browser address bar and make sure the web address starts with https://. The “s” stands for secured.

Here are some additional online shopping safety tips to remember this Cyber Monday and throughout the holiday season.

Make sure you are purchasing items using a credit card with a chip in it. The e-chip generates a unique code for each transaction.
Do not use free Wi-Fi on your mobile device. When shopping online, make sure you are using a secure Internet connection. Do not do any sort of transaction that involves personal, financial, or credit card information while using an open and unsecured Wi-Fi connection. Use your own data plan or home wireless system to purchase online safely. Not doing so can leave you vulnerable to fraudsters adding malware to your device and when you go to make a purchase or login to your bank account, they can record sensitive personal information and passwords.
Beware of phishing scams. This is how many criminals get your credit card and personal information, often posing as trusted retailers like Amazon and Wal-Mart, offering huge discounts. Never click on the links provided in these emails.
Dedicate only one credit card to online purchases. Credit cards generally offer better purchase protection and fraud dispute than other payment method. Use a second account to pay bills, groceries, etc. This way if the card is compromised, it is easy to simply close out the account and request a new card.
When entering payment information online, you should verify that HTTPS is in your address bar to protect yourself from identity theft. URLs that begin with https:// instead of the standard http:// are secured by SSL – an internet security protocol.
Do not be fooled by confusingly similar website and domain names. Pay close attention to your retailer’s URL when shopping online.

The Department of Homeland Security offers useful and practical information at StopThinkConnect.org. Another online shopping consumer resource is the National Cyber Security Alliance at StaySafeOnline.org. If you have been a victim of cyber crime, or get suspicious phishing emails, report them to the FBI Internet Crime Complaint Center at IC3.gov. This site posts alerts on data breaches and emerging internet crime schemes.

Related Resources:

http://www.sun-sentinel.com/features/deals-shopping/sfl-cyber-monday-online-safety-tips-from-a-cybersecurity-expert-20171126-column.html

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

7 ways to rebuild credit after filing for bankruptcy

Posted on November 22, 2017by Admin

Nearly 800,000 people filed for bankruptcy in the United States last year. Several counties in Florida made the top 100 areas for the highest incidence of bankruptcy, including Miami-Dade County, which saw more than 400 personal filings per 100,000 people from April 2015 to March 2016.

Chapter 7 is often the most preferred method of filing because it involves no repayment of debt and in states like Florida, exemption laws can be used to benefit and retain property throughout the filing process. In fact, Florida has one of the most generous homestead exemptions in the country. You can exempt an unlimited amount of value in your home or other property covered by the homestead exemption.

It is important consumers know that immediately after filing for bankruptcy they can begin improving their credit score. Here are seven steps you can take to begin rebuilding your credit after filing for bankruptcy.

Know your credit score. Go to annualcreditreport.com and pull your three credit reports (Experian, Equifax and TransUnion). Make sure all of the debts affected by the bankruptcy are listed. Also confirm all information is accurate on each of the reports.
Pay bills on time and in full. Raising your credit score after bankruptcy is all about getting back to basics. Set calendar reminders or set bills on auto-pay so you are not late on a payment. Do not spend more than you can afford each month and pay your cards off in full so you do not incur any interest charges.
Open a new bank account. When you open a new checking or savings account you are demonstrating financial stability. This can also provide you with a clean slate to practice good financial habits.
Apply for a secured credit card. These cards are one of the easiest ways to build credit and improve your credit score. Secured credit cards borrow money against a deposit the consumer has already made. Compare interest rates and select a card with the best rate and low annual fee.
Create and stick to a budget. This should be based on your income minus expenses for rent, utilities, groceries and other expenses. Creating a budget will help you stay on track when it comes to your finances.
Start a savings account. Having an emergency savings means you will be less likely to have to access credit when an unexpected expense occurs. Research shows that having as little as $250 saved up for an unexpected expense can protect you from having to resort to pay day loans and credit cards.
Be patient with yourself. If you made mistakes, learn from them. You should not feel ashamed after filing for bankruptcy. The more active of a role you take in rebuilding your credit, the sooner you can bounce back after bankruptcy.

If you are in a financial crisis and are 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, Debt Relief, Student Loans, Timothy Kingcade Posts

Most Student Loan Fraud Claims Involve For-Profits, according to recent study

Posted on November 15, 2017by Admin

An analysis of Education Department data reveals that students who attended for-profit colleges filed more than 98 percent of the requests for student loan forgiveness alleging fraud by their schools. Century Foundation found nearly 100,000 loan forgiveness claims (known as borrower defense to repayment) have been received over the past two decades, which paints a troubling picture of the state of for-profit higher education in the United States.

The study found “a disproportionate concentration of predatory behavior among for-profit colleges” that raises “serious concerns about the federal government’s current approach to providing relief to students who have been defrauded and misled.”

For-profit colleges expanded rapidly over the past two decades, with enrollment rising from around 230,000 in the early 1990s to a record 2 million in 2010. These for-profit schools recruited aggressively, targeting more “non-traditional” students, usually older people who had jobs and could only study part time.

They also heavily targeted women, people of color and veterans. But after graduating, many students struggled to find jobs they were promised or had difficulty transferring credits to other schools. This lead to a massive increase in student loan defaults. A 2010 government study found that all of the 15 for-profit colleges evaluated by undercover agents made deceptive statements to prospective students and four of them encouraged fraudulent practices.

The report comes as Education Secretary Betsy DeVos faces criticism for not moving forward with two Obama-era regulations that would have added protections for student borrowers. The rules, known as borrower defense to repayment, were developed after a series of high-profile collapses of for-profit chains such as Corinthian Colleges and ITT Technical Institute left thousands of students with worthless degrees and mountains of student loan debt. The regulations were scheduled to take effect on June 30.

However, the review of tens of thousands of claims has stalled and the AP reported last month that the department is considering abandoning the practice of full loan cancellation in favor of partial forgiveness. Student advocates are pointing to the Trump administration’s ties to the for-profit industry and accuse DeVos of putting industry over students.

Click here read more on this story.

Bankruptcy Law, Debt Relief, Timothy Kingcade Posts

What you need to Know about Student Loan Interest

Posted on November 14, 2017by Admin

Most college students are unaware how loan interest or capitalization works, according to a recent study. Opting to delay payments after college or graduate school can determine how much you pay over the lifetime of your student loans.

When the interest on a student loan capitalizes, the accrued interest is added to the principal balance, which is the original amount borrowed. For that reason, the interest charges increase because it is now based on the new higher principal.

Here are 5 examples of when capitalization occurs with federal student loans:

Not making interest payments during school and during the grace period. For undergraduate and graduate unsubsidized Stafford loans, interest begins to accrue immediately after the loan is dispersed. Subsidized loans are the best option for students, where the federal government pays the interest while the borrower is in school.
Switching from an income-driven repayment plan. It is important borrowers know that just because they are enrolled in an income-driven repayment, Income-Based Repayment Plan or Pay As You Earn (PAYE), this may not be covering all of the interest accruing on the loan. While some income-driven plans stop capitalizing interest after 10 percent of the original loan balance has been paid, there are consequences from switching out of these plans. For example, unpaid accrued interest will capitalize when a borrower no longer qualifies for a financial hardship, fails to provide proper documentation for the plan’s annual enrollment or exits the plan.
Forbearance or deferment. A borrower needs to be careful when selecting these options and know the consequences. Interest is still accumulating on student loans even though the loans are in forbearance or deferment. This loan interest can accumulate quickly.
Consolidation of federal loans. Consolidating multiple loans into one direct loan, means you are creating an entirely new loan. It is important to consolidate right after graduating as a measure to reduce the capitalization interest that comes with federal loan consolidation. Waiting longer to do so typically increases the principal balance.
Defaulting on a student loan. Interest that was outstanding at the time of default will be capitalized. The principal amount will not only become larger, but the entire balance will be due and payable immediately.

Click here to read more on this story.

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Increase in Personal Bankruptcy Filings among LuLaRoe Consultants Spark Speculation

Posted on November 10, 2017by Admin

A number of women who currently or formerly sold clothing through LuLaRoe have seen income from their “small businesses” decline dramatically in recent months, forcing some of the women to file for bankruptcy.

The personal bankruptcy filings- from January 2016 to October 2017- came up during a search of court records because the women or couples filing said they were “doing business” as Lularoe or LuLa Roe.” At least 24 have been identified, but it is estimated the number is much higher.

Experts noticed on average that the families reported a “quick downward fall” in income from their business from around 2015 to when they filed. For example, one woman, a single mom in California reported she made $61,330 in 2016 from “operating a business,” which is presumed to be her LuLaRoe business since it is the only one she says she owns.

But from January to July 2017, she had only made $10,547.42 from her business, less than half she had made midway through the year before. She reported her average net income in 2017 from her business was $184.39 a month.

She was spending just as much in some months, if not more, on “operating expenses” for her business as she was making, according to the filing. For example, in May 2017 she earned $1,796.12, but spent $2,666.13 to keep her business afloat.

She lists $28,991 in assets and $8,000 worth of “inventory.” Her $85,253.43 in debts include thousands of dollars on multiple credit cards and almost $1,000 owed to her Paypal merchant account. She filed for bankruptcy in July of 2017.

Some of the other women identified, listed unpaid unsecured business loans, which shows a “clearer tie to the LuLaRoe” business.”

The co-founders of LuLaRoe appeared on CBS This Morning to speak out against the recent allegations the company is facing about merchandise quality and refund policy complaints. A $1 billion lawsuit was filed on October 23 by two former consultants on behalf of all LuLaRoe consultants alleging the company is operating a pyramid scheme.

Related Resources:

https://www.cbsnews.com/news/lularoe-clothing-retailer-founders-speak-out-against-pyramid-scheme-accusations/

https://www.buzzfeed.com/stephaniemcneal/lularoe-bankruptcy?utm_term=.bjkXAJ1kn#.vva5gXLwK

Bankruptcy Law, Credit, Debt Relief, Foreclosures

Struggling with Bad Credit? Here are some ways you can still qualify for a Mortgage

Posted on November 8, 2017by Admin

Having a poor credit score, does not necessarily mean a home is out of reach. There are organizations and resources available to help homeowners get assistance with a down payment and find lenders willing to work with them.

Here are few options that are worth looking into:

FHA Loans. These type loans, insured by the Federal Housing Administration (FHA) have flexible lending requirements and if you have a credit score of at least 580, you may qualify for a FHA loan requiring a down payment of no more than 3.5%. Have a credit score between 500 and 579? You can still get approved, but you will have to provide a down payment of at least 10 percent.

VA Loans. VA loans are reserved for eligible veterans and do not require a down payment or mortgage insurance. There is not a set minimum credit score for VA loans. Lenders who offer these loans will have their own credit requirements.

Good Neighbor Next Door Program. The Good Neighbor Next Door program is offered by the Department of Housing and Urban Development (HUD) and is reserved for teachers, law enforcement officers, firefighters and emergency medical technicians. This affordable housing program offers two big incentives: Eligible borrowers can qualify for 50 percent off the list price of the home if they commit to using the property as their sole residence for 36 months; and homes can be bought with as little as $100 down.

Filed bankruptcy or foreclosure? If you have filed for bankruptcy or foreclosure, you can still own a home again and qualify for a mortgage. Some borrowers may even qualify for an exemption. For example, if the bankruptcy or foreclosure was due to a job loss or health problem, the lender may ask for an “extenuating circumstances letter.” This is an explanation of the events that led up to the bankruptcy or foreclosure, events that were beyond your immediate control.

Click here to read more on this story.

Bankruptcy Law, Debt Relief, Timothy Kingcade Posts

Bankruptcy Filings Hit 10-Year Low

Posted on November 7, 2017by Admin

Bankruptcy filings have taken another plunge, marking a 10-year low for any 12-month period, according to the latest numbers from the Administrative Office of the U.S. Courts (AOUSC).

Annual filings totaled 790,830 through September, compared with 805,580 in the previous year. This was the lowest number of bankruptcy filings for any 12-month period since June 2007, according to the AOUSC. However, the statistics show that Chapter 12 filings totaled 508, an increase from 458 in 2016.

The 2005 amendments to the Bankruptcy Code made Chapter 7, 11 and 13 bankruptcies more complex and expensive, but did not do the same for Chapter 12. The national wave of bankruptcy filings that began in 2008 reached a peak in September 2010 when nearly 1.6 million bankruptcies were filed, according to the AOUSC.

Breakdown of Filings by Chapter for the 12-month period ending Sept. 30, 2017 are as follows:

Chapter 7 filings totaled 486,542, down from 498,367 in 2016.
Chapter 11 filings totaled 7,052, down from 7,450 in 2016.
Chapter 12 filings totaled 508, an increase from 458 in 2016.
Chapter 13 filings totaled 296,599, down from 299,150 in 2016.

Click here to read more on this story.

If you 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.