Tag: Miami bankruptcy attorney

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

The Truth about Millennials and Student Loan Debt

Posted on by Admin

According to a survey from Citizens Bank, 47 percent of millennials (those in the 18-35 age group), who are college graduates, would be willing to limit their online food delivery in return for reducing their student loans.  Concerts, vacations, sporting events and lattes were also priorities.

Limiting any of these luxuries got a “no thanks” from the majority of millennials who were asked if they would consider cutting back to lower their student loan payments.  More than half (57 percent) said they regret taking out as many student loans as they did, and about a third of them said they would not have even gone to college if they knew who much it was going to cost them in the end.

Part of the problem has to deal with numbers and denial. The same survey found that nearly half of millennials (45 percent) with student loans do not even know how much of their annual salary they spend on student loan debt. It is 18 percent on average.  On the upside, the vast majority of millennials at least know what they owe- more than $40,000 for most.

Here are some suggestions for getting that number down:

  • Know what you owe.
  • Millennials who have graduated and have jobs often qualify for better rates than when they had little to no income at the start of school.
  • Get help at work. A number of companies, including Fidelity and PwC, are offering employees help with paying down their student loan debt.
  • Seek forgiveness. Certain professions, such as public service jobs, offer student loan forgiveness. Others include public defenders, law enforcement officers, doctors, nurses and some teachers.  For example, teachers who work in low-income school districts and teach certain subjects may qualify for complete cancellation of their student loans.

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, Debt Relief, Foreclosures, Timothy Kingcade Posts

Military members have twice the amount of debt collector complaints

Posted on by Admin

According to a recent study by the Consumer Financial Protection Bureau (CFPB), members of the military submit debt collector complaints at twice the rate of civilians.  Debt collection, mortgages and credit reporting were the subject of most of the complaints, according to the CFPB’s report.

While the higher rate of complaints could be due to a variety of factors, including time away for deployments and frequent moves from base to base, it is concerning because unpaid debts can threaten a military career.

The complaints concern disputes over money owed, debt collector calls to commanding officers and threats against security clearances held by service members. Veterans also complained of bill collectors trying to collect on medical bills that should have been paid for by the Department of Veterans Affairs.

It is unfortunate that the brave men and women who serve our country are being targeting by these unfair, deceptive and abusive debt collection practices.  But it also comes as a warning to members of the military to diligently check their credit reports and proactively protect their credit files while away from home.

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.

Related Resources:

http://www.insidearm.com/daily/debt-collection-news/cfpb-report-highlights-high-rate-of-collection-complaints-from-servicemembers/

https://www.washingtonpost.com/news/powerpost/wp/2016/03/23/military-members-have-twice-the-bill-collector-complaints/

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

The Biggest Threat to your Credit Score

Posted on by Admin

A recent study from the Consumer Financial Protection Bureau found that 52 percent of debt on credit reports is from medical expenses, with an average balance of $579.  Medical debt impacts 43 million Americans, and 15 million of those only had medical debt in collections.

This is important because it points to a few important threats for consumers.

Health insurance is confusing, doctors’ billing practices can be questionable and collection agencies have been known for putting the debt on your credit report before making any effort to collect from you.  This means it’s not uncommon for people to see a medical debt end up in collections without ever being alerted of the debt.

Here are some ways to prevent medical bills from going to collections:

  • Make sure your doctor has your correct address. Take a moment to confirm the information your doctor’s office has on file is correct (i.e. – mailing address, phone number, email, etc.)
  • Set reminders to follow-up. Do not trust that the doctor’s billing dept. will do their job or have your best interest at heart.  Set up reminders on your phone and in your day planner as to when your bill is due.
  • Understand your insurance. Know your deductible and how much your co-pays should be, so there are no  surprises.
  • Work out a payment plan. Sometimes medical debt goes to collections because the bill is just too much to pay.  Instead of ignoring the debt, try to work out a payment plan with your doctor’s office or the hospital, before it goes to collections.  Request an itemized copy of the bill and check for any errors.  Find out if you qualify for any charitable assistance.  This is oftentimes based on income and circumstance.

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, 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://money.usnews.com/money/blogs/my-money/articles/2016-03-29/beware-the-biggest-threat-to-your-credit-score

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

‘Martin’ Actress Files for Chapter 7 Bankruptcy

Posted on by Admin

Tisha Campbell-Martin, actress on the hit sitcom, ‘Martin’ and her husband/actor, Duane Martin, have filed for Chapter 7 bankruptcy.  They owe more than $15 million dollars in debt with only $313,000 in assets between the couple.  Their assets include $65,000 in real estate and $248,000 in personal property.  They list the value of their two dogs as $2.  As of their filing, they had just $200 in cash and $173 in a Credit Union.

The couple’s liabilities include $3 million to Broadway Federal Bank for a personal guaranty for a real estate loan they took out, $9.5 million to the City of Los Angeles for a personal guaranty, $82,000 in back state taxes for 2005 & 2011, $86,000 to New York State Department of Taxation and $30,000  to the State Board of Equalization.

They also owe $43,000 for a 2016 Range Rover, $17,000 on the 2016 Jeep Wrangler, $67,000 on their 2014 Range Rover, 39,000 to American Express, $455,000 to City National Bank, $538,000  to Comerica Bank for a judgment against them and $120,000 to a law firm.  Court documents reveal they owe $208,611 in tax debt and $113,000 in student loan debt.

Tisha famously starred as Gina on the hit sitcom, ‘Martin’ from 1992- to 1997.  Her other credits include My Wife & Kids, Everybody Hates Chris and Dr. Ken. Her husband has been equally successful with his career starring in the Real Husbands of Hollywood and the hit movie White Men Can’t Jump.

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.

Related Resources:

http://www.eonline.com/news/753834/tisha-campbell-martin-files-for-bankruptcy-here-s-how-she-fell-15-million-in-debt

http://www.dailymail.co.uk/news/article-3522790/Martin-actress-Tisha-Campbell-Martin-husband-Duane-drowning-15-million-dollars-debt-filed-Chapter-7-bankruptcy.html

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Tips for Applying for a Credit Card after Bankruptcy

Posted on by Admin

Filing for bankruptcy doesn’t mean you are shut off from new credit. Creditors look at multiple factors when determining credit eligibility. For example, your income and the time since you received your bankruptcy discharge.

If you are looking to rebuild your credit post-bankruptcy, a secured credit card is a good place to start. Secured credit cards are designed specifically for people trying to improve their credit. They are different from normal credit cards in that they require you to put down a security deposit, usually a few hundred dollars. Your deposit typically equals your credit line:  For example, if you make a $400 deposit, you will have a $400 line of credit. The deposit protects the issuer if you do not make your payments. That makes secured cards a relatively safe bet for lenders extending credit lines to people with lower credit scores.

Those individuals who file for bankruptcy may receive an influx of credit card offers soon after. Proceed with caution. These cards will likely have low limits and high interest rates. The best way to qualify for a credit card post-bankruptcy is to improve your credit score.  Here are some immediate steps you can take to improve your credit score after bankruptcy:

  1. Make sure all discharged debts are cleared from your credit report. If your credit reports are still showing delinquent accounts after you receive your bankruptcy discharge, this is likely affecting your credit score in a negative way.  You are entitled to a FREE credit report every year from the three credit bureaus.
  2. Get your noncredit finances in order. Although many bankruptcies are the result of medical bills, divorce, job loss or other unavoidable debts, it is also important to remember the fundamental problems with spending, saving and budgeting. Addressing these issues before applying for new credit can help you overall.
  3. Build credit. Once your finances are back in order, it is time to consider strategic credit building via a secured credit card or credit-builder loan.

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 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, Debt Relief, Timothy Kingcade Posts

Puerto Rico Rescue Bill Guided by U.S. Bankruptcy Rules

Posted on by Admin

A U.S. congressional draft bill to help rescue Puerto Rico from its economic crisis was released this week and contained elements of U.S. bankruptcy law.   The draft includes sections of the U.S. Bankruptcy Code that allow bankrupt entities under certain circumstances to force creditors to take reduced payouts.

Puerto Rico has $70 billion in debt and has an unfunded state pension liability of nearly $44 billion.  The new bill will provide Puerto Rico the tools to impose discipline over its finances, meet its obligations and restore confidence in its institutions.

The bill would also create a federal board to oversee the island’s finances, monitor its accounting and help curb spending.  It would also require Puerto Rico to make efforts to restructure debt consensually with its creditors.

If the talks failed, the island or its public entities could file for a court-supervised debt restructuring process based on key statues within U.S. bankruptcy law.  That would allow Puerto Rico to force such deals on holdout creditors.

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 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, Debt Relief, Student Loans, Timothy Kingcade Posts

Bankruptcy Judge Rules that Law School Grads can Cancel Bar Exam Loan Debt

Posted on by Admin

Judge Carla Craig of the U.S. Bankruptcy Court in Brooklyn, N.Y. ruled that bar-exam loan debt is a “product of an arm’s length agreement on commercial terms” and does not fall into the category of a student loan that stays with a borrower who files for bankruptcy.

This means law school graduates who file for bankruptcy protection can cancel debt they have accrued preparing for the bar exam.  This decision is the most recent ruling on the matter, which strongly contradicts the widely accepted notion that student loan-related debt can only be canceled in bankruptcy under rare cases of undue hardship.

The case involves a 36-year-old Pace University School of Law graduate, who sought to cancel the unpaid portion of a $15,000 loan she took out from Citibank to study for the bar exam.  She graduated in 2009, failed the bar exam after graduating and took a secretarial job at a hotel-management company with a $49,000 annual salary, she said. She filed for bankruptcy in 2014.

The loan was only a small portion of the nearly $300,000 in student loan debt.  But the ruling comes as consumer advocacy groups and some federal lawmakers are pushing for student loan debt relief through bankruptcy.

Recently, the U.S. Supreme Court declined to hear a case that would have made it easier to discharge student loan debt in bankruptcy, but the White House has said it would examine whether it should be easier for student loans to be wiped out in bankruptcy.  This ruling is just one step closer to student loan debt being discharged in bankruptcy.

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

Judge Cancels Loan Debt for Man Who Upgraded Car for Uber

Posted on by Admin

An Illinois insurance salesman who became an Uber driver to improve his financial situation will be able to eliminate a nearly $10,000 auto loan debt. Federal Judge Jacqueline Cox agreed to discharge $9,786.61 of debt that Oswaldo Rodriguez owes to auto lender GM Financial for the new Chevrolet SUV he bought in October 2014.

“He genuinely thought that he could earn enough money through Uber to finance the debt,” Judge Cox said in a six-page opinion filed earlier this month in U.S. Bankruptcy Court in Chicago.

The ruling comes after Uber has become one of the most visible companies behind an emerging “gig economy,” where a number of Americans are making money through platforms like Uber, Etsy and Airbnb. But while almost 1% of U.S. adults earned income that way during September 2015, a recent study of bank transactions found that the work only supplemented, not replaced a full-time job.

The average monthly income for someone who provided labor via one of these platforms was $533, representing a third of that person’s total income, the study found.  People often think they can take on side jobs to avoid bankruptcy.

U.S. bankruptcy law allows borrowers to cancel some of their debts, but lawyers for GM Financial argued that the fine print does not allow a borrower to cancel a debt of more than $650 that came from buying a luxury item or service less than 90 days before the filing.

The Judge ultimately ruled against the lender, pointing out that in her opinion the term “luxury goods” does not include items that a bankrupt person needs for their “support or maintenance.”

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 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, Debt Relief, Timothy Kingcade Posts

Miami Bankruptcy Attorney Timothy S. Kingcade Receives the Prestigious AVVO Clients’ Choice Award 2016

Posted on by Admin

Lawyer Timothy Kingcade | Lawyer Bankruptcy

Managing Shareholder, Timothy S. Kingcade of the Miami-based law firm of Kingcade & Garcia, P.A. was recently honored with the 2016 AVVO Clients’ Choice Award.  In order to achieve this honor, an attorney must have received five or more exceptional client reviews within the last year.

One of attorney Kingcade’s recent client reviews on AVVO had this to say, “Making the decision to file for bankruptcy was difficult and scary.  17 years of marriage ended in a bad divorce and my entire world collapsed.  At 60 years of age my future looked pathetic and hopeless.  The phone rang constantly, I was not able to sleep and all I did was cry.  I was lost and didn’t know what to do.  During my first meeting with Mr. Kingcade his words were, “I want you to take a deep breath, and stop crying, everything is going to be OK.  I have your back and I will take care of everything.”  Timothy eliminated the stress and treated me with respect, compassion and understanding.  He explained everything, answered all my questions and I felt (and still feel) protected. When I call or send emails, he replies the same day.  Throughout the entire process and today I can say, “everything is going to be OK.” If you are in need of legal assistance in bankruptcy, I would highly recommend Mr. Kingcade. I know you will not regret it. He will explain all your options and guide you all the way. Selecting Mr. Kingcade as my attorney was the best decision!  I am forever thankful for his assistance and the advice he gave me. “

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, Foreclosures, Timothy Kingcade Posts

Miami Bankruptcy Judge Sides with Homeowner Facing Foreclosure

Posted on by Admin

U.S. Bankruptcy Judge Laurel Isicoff recently ruled in favor of a Miami homeowner facing foreclosure, an important decision linking bankruptcy and foreclosure cases.  The 14-page ruling challenged other decisions forcing homeowners to stop fighting foreclosure on property they surrender in bankruptcy.  The judge ruled that surrendered property not administered by a trustee is abandoned to the debtor, not the creditor.

“Compulsory surrender of real property collateral by a debtor to a lienholder in Chapter 7 is not supported by and indeed ignores the express provisions of the Bankruptcy Code,” Isicoff wrote. “And consequently I must disagree with my colleagues who have held otherwise.”

The case involved mortgage holder AS Theia LLC, a Miami homeowner and his Sunny Isles Beach condo.  It was the latest in an ongoing debate about the meaning and consequences of house surrenders in bankruptcy court. The central question is whether homeowners who surrender their property to get bankruptcy protection must stop fighting in state court to save the same homes from foreclosure.

In a similar 2011 case, In re Failla, the judge ordered the borrowers to stop defending a pending foreclosure action.  The judge acknowledged the bankruptcy law did not specify whether a surrender was to the trustee or lienholder, but found the borrowers committed fraud by agreeing to surrender in one court but fighting to keep the property in another.

The district court upheld the decision, ruling the critical question was the “legal effect of the debtor’s decision to surrender,” not whether the property went to the trustee or lienholder.

Isicoff suggested the ruling ignores a key factor: whether or not the debtors complied with the surrender by not interfering with the trustee’s administration of the property.

This is an important decision because it gives homeowners the opportunity to have their day in court and require the lenders prove their case.

Click here to read more on this story.

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 website at www.miamibankruptcy.com.