Miami bankruptcy attorney Archives - Page 77 of 105 - Kingcade Garcia McMaken, P.A. Bankruptcy Attorneys

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

What happens when credit card companies sell your debt?

Posted on April 25, 2017by Admin

Barclaycard sold $1.6 billion of credit card balances in the first quarter of 2017 to the personal-loan company, Credit Shop Inc. Oftentimes, the accounts that are sold are ones that the card issuer has determined to be too risky for its business or are already in delinquency. In these type instances, a card issuer can sell the account balances for pennies on the dollars.

Here is what you need to know if your credit card company sells your debt.

The reasons card issuers buy and sell debt. Some debts are more “reliable” than others. For this reason, cardholders pay widely different interest rates, depending on how risky the lender judges them to be. “Subprime” borrowers tend to pay substantially higher interest rates to make up for the possibility that they might not be able to pay back the debt.

How will you know if your debt has been sold? In many you will only find out if your debt has been sold when you hear it from the new owner or a debt collector calls you and demands payment.

What if a debt collector calls? If you receive a call from a debt collector, the Fair Debt Collection Practices Act protects you from abuse and harassment. A debt collector is not allowed to call you excessively or make any threats. They are also prohibited from calling you before 8 a.m. or after 9 p.m. and cannot misrepresent the amount you owe. By law, you have the right to demand documented proof of the existence of the debt and the amount you reportedly owe. This request must be made in writing within 30 days of the first contact from a debt collector. During the time it takes to investigate and reply to your request, all calls from the debt collector must stop.

You also have the right to request that all future contact be made in writing. This can prevent disruptive and embarrassing calls at home or at work. You have the right to sue if a debt collector violates any of these rules.

What responsibilities do credit card companies have? Under the federal CARD Act, which went into effect in 2010, credit card companies are required by law to give cardholders 21 days from the date the statement mails to make a payment. Credit card companies are also required to provide a 45-day written notice before any rate increases. If you receive this notification, consider paying off the account if you are able to or transferring your balance to a low-interest credit card or zero-percent interest card, which overtime will be less costly to repay.

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 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.

Related Resources:

http://www.nasdaq.com/article/what-happens-when-credit-card-companies-sell-your-debt-cm776572

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

Student Loan Forgiveness Letters May be Invalid

Posted on April 20, 2017by Admin

More than 550,000 student loan borrowers who signed up for a federal program that promised to repay their student loans after they work 10 years in a public service job may be invalid, according to the Department of Education.

In a court filing last week, the Education Department suggested that borrowers could not rely on the program’s administrator to say accurately whether they qualify for student loan debt forgiveness. Even more appalling, the thousands of approval letters sent out by FedLoan Servicing are considered to be non-binding and can be rescinded at any time.

The filing adds to questions and concerns about the student loan forgiveness program, which offered major benefits and incentives for student loan borrowers who took public service jobs instead of more lucrative work in the private sector.

The American Bar Association and several borrowers have filed suit in the U.S. District Court in Washington against the department. The plaintiffs in the case held jobs that they initially were told qualified for the debt forgiveness program; only later to find out the decision was reversed. The lawsuit seeks to have their eligibility for the forgiveness program reinstated.

The student loan debt forgiveness program covers people with federal student loans who work for 10 years at a government or nonprofit organization, and includes public school employees, museum workers, doctors at public hospitals and firefighters. The federal government approved the program back in 2007. The first potential beneficiaries of the program reach the end of their 10-year commitment this October.

Approximately 25 percent of the nation’s workforce may qualify for the program, according to the Consumer Financial Protection Bureau.

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.

Debt Relief, Timothy Kingcade Posts

How to Spot a Real IRS Debt Collection Call from a Scam

Posted on April 18, 2017by Admin

The IRS recently announced that it will be making collection calls to collect on delinquent taxes, something they maintained for years would never happen. Not surprisingly, scammers are making the most of the opportunity. According to the IRS, losses have mounted to more than $20,000,000, as a result of the IRS Imposter Scam.

If you receive a call from someone claiming to be from the IRS, consider these important tips to determine if the call is real or a scam.

There are only four authorized firms nationwide, which include:

CBE Group of Cedar Falls, Iowa;
Conserve of Fairport, N.Y.;
Performant of Livermore, Calif.; and
Pioneer of Horseheads, N.Y.

If you owe taxes, only one of these firms will contact you.
You likely know who you are. You will not receive a call if you pay your taxes on-time and regularly. If you are delinquent in tax payments, you will receive multiple written notifications from the IRS, before your case is turned over to one of the listed debt collection firms.
The IRS will send a letter to notify you that your case has been turned over to one of these companies. The collection company will also send you a letter regarding their authorization to call on behalf of the IRS.
The company will not ask for payment to be made to them, nor will they ask for payment on a Money Card.
These companies will not threaten you.

If you are still unsure if you have unpaid tax debts from previous years, you can go to IRS.gov and check your account balance. If the account balance says zero that means nothing is due, and you should not be receiving calls from the IRS or one of these collection companies.

Click here to learn more on the IRS Imposter Scam.

If you are in financial crisis and considering filing for bankruptcy, 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

Miami Bankruptcy Attorney Timothy S. Kingcade Receives Prestigious AVVO Clients’ Choice Award 2017

Posted on April 11, 2017by Admin

Managing Shareholder, Timothy S. Kingcade of the Miami-based law firm of Kingcade & Garcia, P.A. (www.miamibankruptcy.com) was recently honored with the 2017 AVVO Clients’ Choice Award. In order to achieve this honor, an attorney must have received five or more exceptional client reviews for the same year.

One of attorney Kingcade’s recent clients had this to say on AVVO: “I went to Kingcade & Garcia for information about a pending home foreclosure. After assessing my finances, Mr. Kingcade suggested bankruptcy options to protect my home. I appreciate the fact that he has a background in accounting and law. This allows him and his team to see the big “picture” in what is best regarding the order in which divorce, bankruptcy, and foreclosure options should be filed. Kingcade is very knowledgeable regarding taxes and other financial issues. He was able to help me with restoring my credit, advising with my divorce to protect my assets, and directed me in the right direction to save my house. I have already recommended his office to 2 other friends going through similar experiences.”

Attorney Timothy S. Kingcade founded the law firm Kingcade & Garcia, P.A. in 1996. He has been dedicated to helping thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. Timothy is also a certified public accountant (CPA), which allows him to better understand tax-motivated bankruptcy cases against the IRS. Timothy’s vast experience and expertise in the area of bankruptcy law allow him to know what bankruptcy trustees in the Southern District of Florida are looking for, preventing his clients from some of the pitfalls that can lead to the dismissal of a bankruptcy claim.

Miami-based Kingcade & Garcia, P.A. was established by managing partner and attorney, Timothy S. Kingcade in 1996. The firm represents clients throughout the State of Florida in Chapter 7 bankruptcy and foreclosure defense. The firm is committed to providing personalized service to each and every client. The office environment and the service provided are centered on a culture of superior client care. Additionally, all attorneys and staff members at the firm are bilingual speaking Spanish.

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Man Used 31 Credit Cards in Poorly Planned Financial Scheme

Posted on April 10, 2017by Admin

Federal officials say 28-year-old Janzaybe Khan, was living the good life in an illegal $165,000 spending spree until his luck ran out. He used 31 credit cards and spent more than $59,000 on gift cards, precious metals and cash advances.

Some of the proceeds were transferred into Khan’s bank account, while others were transferred to various individuals, according to the U.S. District Attorney’s Connecticut office. Court documents reveal Khan was able to qualify for and utilize 31 credit cards by falsely stating his income, assets, address and employment history.

After maxing out his credit cards, Khan filed for Chapter 7 bankruptcy and attempted to discharge all of his credit card debt.

In his bankruptcy filing with the court, Khan falsely stated that the majority of his debt was the result of gambling losses. Khan also made a number of false statements under oath during an examination by the U.S. Trustee in his bankruptcy case. The U.S. Bankruptcy Court refused to discharge Khan’s debts.

Instead, Khan was arrested on a criminal complaint charging him with bank fraud, conspiracy to commit bank fraud, and making a false oath and false statement under penalty of perjury in a bankruptcy case. The complaint alleges that the financial institutions that issued Khan’s credit cards incurred losses of more than $165,000 as a result of the scheme.

Bank fraud and conspiracy to commit bank fraud each carry a maximum sentence of 30 years imprisonment.

Click here to read more on this story.

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

Delinquencies on Timeshare Rentals Reveal Another Sign of Consumer Debt Weakness

Posted on March 10, 2017by Admin

Americans are getting more behind on their timeshare rental payments, according to Fitch Ratings. Approximately 3.75 percent of timeshare borrowers were behind on their bills in the fourth quarter, up from 3.37 percent in the same period a year earlier, and the highest level since the end of 2011, according to the report.

According to Fitch, the defaults are evidence that loan companies are becoming less strict when financing to customers. These companies are also writing off more loans. The default rate rose to 0.70 percent in the fourth quarter from 0.61 percent in the same period a year earlier.

Other pockets of weakness include online consumer loans and subprime auto loans, which we have touched on in previous blogs. These rising delinquencies come as Americans have increased their debt at the fastest pace in three years.

U.S. household debt increased by $226 billion in the last three months of 2016, bringing total consumer debt to $12.58 trillion. The numbers, which include mortgages, student loans, auto loans and credit card debt, are dangerously close to the $12.68 trillion high-water mark in 2008.

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Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Lawmakers Fight to Close Robocall Debt Collection Loophole

Posted on March 9, 2017by Admin

Federal lawmakers are attempting to close a recently opened loophole that allows the federal government to automate unwanted, even incorrect debt collection calls to consumers. This all started in late 2015, when an addition to a budget bill amended the existing telecommunications law allowing robocalls “made solely to collect a debt owed to or guaranteed by the United States.”

Sen. Ed Markey (MA) is attempting to put an end to this with the HANGUP Act of 2017, which would close the debt-collection loophole opened by the 2015 budget bill.

The proposed legislation goes a step further,“walking back” the FCC’s July 2016 “Broadnet” decision, in which the Commission ruled that anyone in the federal government, including contractors, could send out robocalls, so long as the automated calls explicitly involve government business.

Senator Markey argues that the intention of the Telephone Consumer Protection Act, which limits the use of robocalls, is clear: “consumers should not be subject to unwanted robocalls and robotexts on their phones. But recent carveouts by Congress and the FCC allow government contractors to robocall and robotext consumers without their affirmative express consent…No one wants to be interrupted during family mealtime or when helping children with homework.”

Click here to read more on this story.

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

How changes to bankruptcy laws could affect your student loan debt

Posted on March 8, 2017by Admin

Student loan debt continues to be a serious burden for many Americans, despite various repayment options available to borrowers. Even with income-base repayment plans for federal student loans, borrowers who graduated in 2016 have an average of $37,172 in loans to repay over the course of their lifetime.

Recently, democratic lawmakers proposed changes to legislation that would provide student loan borrowers the ability to discharge their loans in bankruptcy. Under the current law, borrowers can only have their student loans discharged if they prove they have experienced an undue hardship, which is near impossible.

The proposed amendment would allow borrowers to include their student loan debt in a bankruptcy filing if the lender servicing the loan failed to offer a debt relief option. The federal government offers Pay As You Earn (PAYE), which gives borrowers the opportunity to cap student loan payments based on a percentage of their monthly income. After 20 years, the remaining balance of that borrower’s student loan debt is forgiven under the program.

If private student loan lenders did not offer a similar program to borrowers, student loan debt could be canceled or significantly reduced through bankruptcy, according to the proposed legislation. Going a step further, some lawmakers have introduced changes that would allow student loan borrowers to include all education debt in their bankruptcy filing, even if a debt relief program similar to PAYE was offered directly by the lender.

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Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Looking for an apartment online? Avoid this credit check scam

Posted on March 7, 2017by Admin

The Federal Trade Commission has taken action to stop a scheme that involves apartment listings on Craigslist. The apartment ads show enticing pictures offering rentals at affordable prices. However, the ads are fake and an estimated 146,000 would-be renters did not end up with a lease. Instead, they were stuck with a recurring charge of $30 a month. The Federal Trade Commission has filed an injunction to stop the scam, which was reported in at least 35 states and pulled in at least $6.8 million.

It is important to know that if you are looking to rent an apartment, landlords may check your credit, but that typically does not occur until after you have seen the unit and filled out an application. The landlord also cannot check your credit without your permission, which is usually included as part of the application process.

Here are some additional tips to protect you from a credit check scam:

Think twice before you give out personal information. Legitimate services will need your social security number to pull your credit score, but a truly free score should not require a credit card number.
Do not wire money for a lease, deposit or application fee. That is the same as handing over cash. There are no consumer protections and you have no way of getting it back.
Do not pay before you sign a lease.
Do your research online about the landlord and rental company. If you notice the same rental showing up under different names, that is a red flag.

Many of the victims from the Craigslist rental scam did not realize they had been charged until months later. Review your statements carefully every month for any suspicious charges. If you suspect you have been scammed, report it to the FTC as soon as possible.

Click here to read more on this story.

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Debt Collection and Imposter Scams #1 Consumer Complaint

Posted on March 6, 2017by Admin

Individuals posing as a government agency to collect on a debt topped the nation’s list of consumer complaints in 2016. These so-called “imposter scams,” where con artists pose as a government agent to get you to hand over your cash surpassed identity theft, according to the Federal Trade Commission.

A common impostor scam is the “phony IRS agent,” where scammers contact consumers to claim they have been audited and owe money to the government. Victims of the scam are told to pay immediately or they can face imprisonment or deportation.

Another common scam involves a “fake computer technician,” in which the scammer claims the victim needs to purchase a security patch or software license. Of the people who complained about identity theft in 2016, approximately 29 percent said their information was used to commit fraud by filing fake tax returns to confiscate their tax refunds; 32 percent said it was used in credit card fraud.

Here are the Top 10 consumer complaint categories for 2016:

Debt collection — 859,090 complaints
Impostor scams — 406,578 complaints
Identity theft — 399,225 complaints
Telephone and mobile services — 292,155 complaints
Banks and lenders — 143,987 complaints
Prizes, sweepstakes and lotteries — 141,643 complaints
Shop-at-home and catalog sales — 109,831 complaints
Auto-related complaints — 94,673 complaints
Credit bureaus, information furnishers and report users — 49,679 complaints
Television and electronic media — 49,546 complaints

Click here to read more on this story.