Miami bankruptcy attorney Archives - Page 69 of 102

The New Age in Digital Debt Collection

Posted on July 21, 2017by Admin

Experian announced a self-service platform named eResolve, which it says will let consumers negotiate and resolve past-due debts without ever speaking to a debt collector. The latest technology in “digital” debt collection is allowing consumers to interact on their terms at any time of the day, using a digital channel that is more preferred over the traditional phone calls during dinnertime and having to deal with aggressive debt collectors.

TrueAccord, another digital debt collection technology says they have had “hundreds of thousands” in successful resolutions where consumers can easily click and tell them they have been victims of identity theft or had recently filed for bankruptcy so collection attempts can stop.

Negotiating debt through digital platforms seems to be more straightforward as well. For example, with TrueAccord a similar digital-type platform: Debtors get an email with an offer such as making three payments with 0% interest, or 90 cents on the dollar if paid in full. Depending on what lenders say they will accept, a consumer who turns down that offer might get a subsequent pitch for an 80-cents-on-the-dollar settlement. According to certain experts, this digital-based debt collection solves two problems. Chief among them: Regulatory issues. Computers do not call or text at the wrong times. They do not use profanity or threaten arrest to get you to pay, which are all in violation of the Fair Debt Collection Practices Act (FDCPA).

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, 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, Credit, Debt Relief, Timothy Kingcade Posts

5 Mistakes keeping you in Credit Card Debt

Posted on July 20, 2017by Admin

Approximately 122 million Americans carry credit card debt. In fact, the average debt per household is $8,448. With interest rates averaging 14%, that means Americans are paying more than $1,000 in interest alone each year. Many consumers remain trapped in this cycle. Here’s why:

Failure to create a realistic budget. When establishing a budget for yourself, it is easy to look forward and see how much you will spend. However, the most effective budgets are created by looking backwards, and understanding where your money (every last penny) went.
Not making the tough decisions. Oftentimes, the right decisions are easy to calculate but hard to execute. For example, knowing your car payment is too high but not taking the steps to trade it in and purchase a less costly, slightly older model.
Taking advantage of automation. It’s easy to automate your student loan and retirement payments, but what about your credit card payments? If you plan to become debt-free you can make sure the only money remaining in your checking account at the end of each month is your budgeted spending money. Data has shown that automation is the best way to achieve your financial goals.
Convincing yourself the reward points, miles, cash back, etc. are worth it. Earning cash back and “free” flyer miles are a great way to put some extra money in your pocket. But if you are deep in credit card debt, those flights and reward points are costing you more than the perks.
Trying to borrow your way out of debt. Debt consolidation and balance transfers can help reduce the cost of your debt, but if you have not dealt with your spending problems these tools can be dangerous.

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

What You Should Know before Closing out A Credit Card

Posted on July 19, 2017by Admin

When closing out a credit card, the effects it can have on your credit score lie in the details. Here are some important facts you need to know before closing out your card.

Age Matters. The age of your credit card that is. The average age of your open accounts makes up 15 percent of your overall credit score. So if the card you are closing out has been open for a long time, it really is better to keep it open and pay it in full, otherwise your score will be negatively effected.
Available Credit. Your credit utilization ratio is important. A low credit utilization ratio would be if you have $300 or less on a credit card that allows you to spend $1,000. A high credit utilization ratio is if you have $993 in charges on a card that gives you a credit limit of $1,000. Lenders do not like you to do this and your score will be penalized as a result.
Automatic payments. If you have been using your credit card to make payments on your car insurance or electric bill each month automatically, make sure and update this information timely before closing out the card. This way you can avoid getting hit with late fees and other penalties.
Rewards. If you have accumulated reward points on your credit card, redeem them first before closing out the card. Otherwise you will likely lose them.
Verify. It can take up to a month or two before the account is closed, so keep that in mind. Mistakes on credit reports are also fairly common. In fact, a recent study revealed that one in five consumers have at least one error on their credit report. It is always a good idea to double-check your account has been completely closed out.

Credit, Debt Relief, Timothy Kingcade Posts

FTC Shuts Down Debt Collector for Allegedly Threatening Lawsuits, Arrests against Consumers Who Don’t Owe Anything

Posted on July 18, 2017by Admin

The Federal Trade Commission (FTC) is cracking down on “Phantom” debt collection schemes that go after individuals for money they do not actually owe. The FTC shut down an operation that collected more than $690,000 in fake debts by threatening consumers with lawsuits and arrests, a violation of the Fair Debt Collection Practices Act (FDCPA).

A court order has stopped the business operations of Hardco Holding Group and S&H Financial Group. The debt collection operation is accused of using deceptive and abusive practices to collect fake debts. Since June 2015, the companies and their operators Daryl M. Hall and Dequan M. Sicard illegally collected supposed payday loan and other debts from consumers using the threat of legal action and arrest.

Often, doing business as Alliance Law Group, the companies employed a two-step collection process. The complaint alleges the first step involved calling victims claiming that a lawsuit had been or would soon be filed against them due to an outstanding debt they owe. The victim of the scam would then be provided with a phony case number for reference.

The FTC claims that during most of these calls, the operators of the scheme did not identify themselves as debt collectors. To make the collections seem legitimate, the FTC notes that the collectors would often possess or claim to possess individuals’ personal information, or claim to be from an unrelated, legitimate small business.

The reps advised callers that they could settle the action by making a payment over the telephone using a credit or debit card. If the victim refused to pay immediately, collectors would threaten legal action and arrest. The FTC charged Hardco and S&H Financial with violating the FTC Act and the Fair Debt Collection Practices Act, and seeks to refund individuals affected by the fake debt collection scheme.

Click here to read more on this story.

Bankruptcy Law, Credit, Student Loans, Timothy Kingcade Posts

Education Secretary Sued for Delaying Rules Protecting Student Loan Borrowers

Posted on July 17, 2017by Admin

Education Secretary Betsy DeVos is being sued by eighteen states for allegedly delaying new federal regulations designed to protect student loan borrowers from being scammed by for-profit colleges and other schools. 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 developed by the Obama administration and scheduled to take effect on June 30.

Last month DeVos delayed the implementation and launched an effort to rewrite the rules, arguing they were putting taxpayers at risk for “significant costs.” The lawsuit, filed by attorneys general from 18 states plus the District of Columbia, said DeVos’ violated the Administrative Procedures Act because she did not satisfy the standards for a delay, and failed to give the proper notice or offer the public time to comment.

“These rules served as critical protections against predatory for-profit schools that exploit hard-working students–students who are simply trying to invest in their own education and future,” said New York Attorney General Eric Schneiderman, who also was among those filing the suit.

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, 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, Credit, Debt Relief, Timothy Kingcade Posts

Bankruptcy & Divorce: Which comes first?

Posted on July 14, 2017by Admin

Going through a divorce can be stressful enough, but when you pile on financial issues the effects can be overwhelming. Your financial situation can be greatly affected by a divorce, as divorce is commonly cited as the leading cause of bankruptcy. Here are some important facts you should know when it comes to bankruptcy and divorce.

Do not file for divorce and bankruptcy at the same time. This is for the sake of simplicity. People typically file bankruptcy before divorce for several reasons. Once you file for bankruptcy an “automatic stay” is put in place. This is a court order that prohibits creditors from contacting you and protects your property and assets. This hold is in effect throughout the bankruptcy process.
Chapter 7 bankruptcy is ideal for a quick divorce. One of the benefits of filing for Chapter 7 is the timeline. A Chapter 7 bankruptcy typically eliminates all dischargeable debts within three to six months, allowing you to file for divorce relatively soon after. In comparison, a Chapter 13 bankruptcy establishes a three- to five-year payment plan for you to pay off your debt, which can drag your divorce out longer.
Conditions of Bankruptcy. Abiding by the rules listed in the Bankruptcy Code is critical for having your debts discharged. A Chapter 7 discharge may be denied if the debtor:

Fails to provide requested tax documents;
Hides property for the purpose of defrauding creditors;
Destroys financial books or records;
Commits perjury in connection to the bankruptcy case;
Violates a court order;
Fails to complete the mandatory credit counseling course.

Bankruptcy and divorce are chances for you to make a fresh start for you and your family. However, both of these processes can be extremely complex and detailed in nature. You should consult with an experienced bankruptcy attorney and have a strong divorce attorney on your side who can guide you through the process and obtain the most successful outcome for you.

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Higher Vehicle Costs Driving a Rise in Auto Loan Delinquencies

Posted on July 13, 2017by Admin

The price tags on vehicles continues to the increase, which means consumers are borrowing more money to make their purchases. This in turn is having an effect on household budgets, pushing some families to the max. New cars now cost an average $35,000, compared to an average $31,000 in 2013, according to Edmunds.com.

The monthly payment on a new vehicle with a $31,000 outstanding loan is about $516 a month, before insurance, gas and maintenance costs are factored in.

Used vehicles have also become more expensive. The average loan on a used car bought at a dealership costs about $21,000 and carries an average $380-a-month payment.

Credit requirements have been less strict in recent years, as banks and other lending institutions began pushing auto loans, even sub-prime loans to meet the car-buying demand.

Delinquencies in indirect auto loans- those arranged through a third party, such as an auto dealer- increased to 1.83 percent. Delinquencies in direct auto loans- those arranged directly through a bank- increased to 1.03 percent.

Consumers have over-extended themselves in other areas as well, according to the American Bankers Association. Delinquencies in bank credit cards rose to 2.74 percent. Home equity lines of credit delinquencies rose to 1.11 percent.

There certainly seems to be a correlation. Consumers with credit card debt often struggle with auto loans and mortgage loans, too.

Just like with homes, consumers can end up with upside-down car loans, where the value of the car is worth less than what they owe. This is oftentimes due to higher interest and the terms and conditions of the loan itself. Many consumers who end up trapped in these type loans are considered to be a higher credit risk. They oftentimes end up being sold a lower-quality car at a higher cost.

When filing for Chapter 7 bankruptcy, consumers have some leverage because the lender knows that bankruptcy gives them the option of surrendering the vehicle and canceling all liability. Banks lose a lot of money on repossessions, so they have an incentive to offer a better deal, such as reducing the principal of the loan to the vehicle’s current value.

Related Resources:

http://www.post-gazette.com/business/money/2017/07/10/Car-loans-delinquencies/stories/201707090086

http://www.nolo.com/legal-encyclopedia/car-chapter-7-bankruptcy-29608.html

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

How to protect yourself from being the victim of a Student Loan Debt Relief Scam

Posted on July 12, 2017by Admin

Hundreds of companies charge high fees with the promise of helping struggling borrowers reduce or eliminate their student loan debt. These companies have capitalized on a booming market. Not all companies that collect fees in exchange for student loan debt relief are scams, but more than 130 businesses have histories that give consumers a reason to be skeptical. A recent public records investigation revealed penalties, lawsuits from federal and state authorities, private lawsuits and poor ratings from the Better Business Bureau on these “so called” student loan debt relief companies.

Here are some steps you can take if you are dealing with a fraudulent student loan debt relief company.

End your affiliation with the company: Contact the company to request a refund and cancel your contract, if you signed one. Contact your bank immediately to cancel automatic payments. Tell them that you no longer authorize charges from the company.

Contact your lender or servicer: Call and explain the situation and that you have been paying a third-party company for student loan assistance.

Regain control of your student loan account: Contact your lender or servicer in writing and send a copy of the letter to the debt relief company. Once you regain control of your student loan account, resume making loan payments to your federal loan servicer or lender if you have stopped.

Take a look at your “FREE” options: Everything a “so called” student loan debt relief company can offer you, the Department of Education or your federal loan servicer can provide for free. This includes:

Federal student loan consolidation, which will not lower your interest rate, but may qualify you for certain repayment plans and forgiveness programs.
Income-driven repayment plans cap your monthly payment at a percentage of your income and forgive your remaining balance after 20 or 25 years.
Federal loan forgiveness programs can cancel some or all student debt for borrowers who qualify based on their profession, employer or loan type.
Deferment and forbearance provides temporary periods of payment relief but grow your balance as interest continues accruing.

Seek legitimate financial help: If you are looking to discuss your financial situation with a professional, a certified student loan counselor trained by the National Foundation for Credit Counseling is a viable option. These advisors work for nonprofit credit counseling agencies and provide one-on-one services, oftentimes free of charge.

Click here to read more on this story.

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

False Promises of Student Loan Debt Forgiveness Contributing to the Default Crisis

Posted on July 11, 2017by Admin

The rate of borrowers who are in default or more than 90 days past due on their student loan debt is approaching 40%, pushing the total amount of student loan debt in the U.S. to $1.4 trillion.

A number of those who have defaulted have legitimate reason. Some were victims taken in by the over-exaggerated promises of for-profit colleges that really just wanted students for the student loans they were taking out that was a vast majority of their revenue. Others never finished college, due to life circumstances or changing events that interrupted their studies.

But another group, termed “strategic defaulters” is emerging. These borrowers are pulled in by the promises from politicians and the possibility of student loan debt forgiveness. Why should they pay their student loans if there is a slight possibility that all remaining student loan debt will one day be wiped away? With these empty promises and no action being taken, it is expected that student loan defaults will continue to rise.

Most recently, education secretary, Betsy DeVos, scrapped an Obama-era plan to streamline the government’s system for servicing student loans. An education budget obtained by the Washington Post revealed a proposal to end a student loan-forgiveness program for public servants, creating uncertainty for some 400,000 borrowers.

Click here to read more on this story.

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Tennis Star Boris Becker Declared Bankrupt

Posted on July 10, 2017by Admin

Boris Becker, the three-time Wimbledon champion has been declared bankrupt over a debt outstanding since October 2015. Becker’s lawyers pleaded with the bankruptcy court in London for “a last chance” to pay the longstanding debt. They argued there was sufficient evidence to show that Becker would be able to pay the debt soon through a refinancing arrangement, involving remortgaging a property in Majorca.

However, the judge in the case denied it, saying:

“He should have thought about that a long time ago. It is not often the case that a professional person has a judgment [debt] outstanding against them since October 2015. This is a historic debt.”

To add to his financial woes, his blue Maserati- on loan from a sponsorship deal- was taken away from him after he failed to pay the fines he received from numerous parking tickets.

Becker, who is currently working as a television commentator during the Wimbledon championships for the BBC and other outlets, has denied the bankruptcy claims, telling the German press he can meet all of his financial obligations.

Last week he presented the state of his finances to a London bankruptcy administrator in a private meeting, where he reportedly was given a living allowance and ordered to register any income.

Becker, who won six grand slams in the 80’s and 90’s, including three Wimbledon, two Australian Open and one US Open titles has been consistently creating headlines off the tennis court. Co-Author of Becker’s 2013 biography Life Is Not a Game, said his excessive lifestyle had been the one thread of continuity in his life.

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, 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.