Bankruptcy Law, Timothy Kingcade Posts

Tips for Filing Taxes after Bankruptcy

Filing taxes after bankruptcy doesn’t have to be complicated, as long as you know what to look for, including when and how to file.  The confusion for taxpayers in bankruptcy stems from the requirement for the filing of two types of tax forms.  One is for the individual, the other is for the bankruptcy estate.

When filing for Chapter 7 bankruptcy, you would file your usual 1040 the same way you normally would.  The trustee would then file a Form 1041 for the bankruptcy estate.  One of the provisions of a bankruptcy is that the debtor may not acquire any other delinquent balances while under the court’s supervision.

Here are some tips for individuals filing bankruptcy and a tax return this year:

  • Consult with an experienced bankruptcy attorney. Many offer free consultations. Let the attorney know whether you have filed a return for each of the past three years.
  • If you have not filed your taxes for the year, consider doing so before filing for bankruptcy, unless you know you are going to receive a substantial refund.
  • If you have already filed , make sure your attorney has all of the tax records- and make sure you have a general answer of how you used the refund money. The trustee will ask.
  • If you do get a refund, and you are considering filing for bankruptcy, do not pay bills with the refund money. This will delay the processing of your bankruptcy case.
  • File your taxes on time each year. The IRS assesses separate penalties for failure to file and failure to pay, and they will find out if you owe money even if you do not file. Save yourself the trouble and adhere to the April 15th filing deadline.

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, Credit, Debt Relief, Timothy Kingcade Posts

IRS Imposter Scams on the Rise in the Midst of Tax Season

According to the Better Business Bureau (BBB), the ‘IRS Imposter Scam’ was the number one scam reported in 2015. In the midst of tax season, the phone scam is continuing at a rapid rate and is being called one of the largest phone scams the IRS has ever seen.

Shanna Liedel spoke to Fox 6 Now regarding a call she received from someone claiming he was with the IRS. “He just said there was some fraudulent activity regarding my taxes between 2009 and 2013. I filed my own taxes for one of those years so I was like OK, did I make a mistake?” Liedel said.

“They knew my address and they said they would come and arrest me. I guess if they knew my address and that I owned my home, I assumed they knew where I worked. I could just imagine being handcuffed at my job and forced to leave,” Liedel said.

Liedel said a friend at work saved her from the scam. Her friend told her to look up the number because she thought it was fake. When the numbers didn’t match the IRS number on their website, she hung up.

The Better Business Bureau reveals these type of scams escalate during tax season. Here are a few tips if you receive a call from someone claiming to be with the IRS:

  • The IRS will not ask for financial information over the phone or via email. Any contact will be through direct mail.
  • If you are asked for personal or financial information by someone claiming to be an IRS employee, hang up.
  • Report the incident immediately.

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, Debt Relief, Timothy Kingcade Posts

Rapper 50 Cent Posts Another Photo of Himself Surrounded by Mountains of Cash Amid Bankruptcy Filing

‘Bankrupt’ rapper-entrepreneur, 50 Cent posted another controversial photo of himself posing in front of a mountain of cash just days after he was ordered back to court by a bankruptcy judge.

U.S. Bankruptcy Court Judge Ann Nevins ordered 50 Cent, whose real name is Curtis Jackson, back to court to explain whether or not he is being truthful with creditors about his financial situation after filing for bankruptcy. Nevins said she was “concerned about allegations of nondisclosure and a lack of transparency.” Jackson was ordered to court on March 9th to discuss those concerns.

Financial expert Ira Spiegel said that people who file for bankruptcy should keep money in a special bank account that is created once the case is filed in order to ensure full disclosure, “not in your house, not laying around on your floor.”

A mortgage lender and a partner in a failed headphones business deal recently expressed concern to Bankruptcy Judge Nevins regarding the rapper’s multiple Instagram posts where he is surrounded by thousands of dollars in cash.

Jackson filed for Chapter 11 protection shortly before jurors were scheduled to determine whether he should pay additional damages in a lawsuit filed by Lastonia Leviston in 2010.

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, Credit, Debt Relief, Timothy Kingcade Posts

10 things you should NEVER do before Filing for Bankruptcy

  1. Run up credit card debt. Credit card charges that exceed a certain amount are considered abuse under bankruptcy law if they are made within 70 to 90 days of the bankruptcy filing. A bankruptcy trustee can exclude that debt from your bankruptcy case.
  2. Purchase a luxury item. If you purchase a luxury item within 90 days of filing for bankruptcy for at least $500, it is considered abuse under bankruptcy law. This means, the bankruptcy trustee has the authority to exclude that purchase as well.
  3. Take out a large cash advance. Cash advances that exceed $750 and are made within 70 days of a bankruptcy filing are presumed to be an abuse and will most likely be thrown out by the bankruptcy trustee.
  4. Sell valuable property. Bankruptcy trustees have the authority to revoke any fraudulent sales or transfers made before a bankruptcy filing. Transferring property raises a red flag because the trustee will assume the transfer was made to avoid losing the property.
  5. Pay off a debt to a relative. In bankruptcy cases, relatives are considered “insiders.” Bankruptcy trustees can force “insiders” to return payments or rescind property sales that were made just before a bankruptcy filing.
  6. Access funds from your retirement. Federal bankruptcy law protects retirement accounts. Florida is one of seven states where all IRA’s are considered a bankruptcy exemption. Under Florida Statute 222.21, IRAs and Roth IRAs are completely protected by debtors in bankruptcy court.  Another exception in most states is if a living spouse is the beneficiary of the IRA, they are allowed to treat it as their own in bankruptcy court and it is therefore, exempt. If you try to use money from your retirement account, you may still end up filing for bankruptcy and drain your retirement savings.
  7. Foreclosure, garnishment or repossession. Bankruptcy can protect you from collection actions, but only if you file before a collection action has begun in court. If you wait too long, you risk losing your home or car.
  8. Utilize a secured loan. Secured loans are considered non-dischargeable debts in bankruptcy. If you are searching for alternative solutions before filing for bankruptcy and take out a secured loan against your vehicle or home, you may ultimately lose them if you cannot make the payments.
  9. Take out loans or make credit purchases you don’t intend to repay. Bankruptcy trustees have the authority to look back a year or more to decide if a purchase on credit was an abuse because the filer never intended to repay the cost of the item.
  10. Not consulting with a bankruptcy attorney. You should talk to an experienced bankruptcy attorney who can look at your financial situation and provide advice on whether or not bankruptcy is the right step to take.  These consultations are oftentimes free of charge. Do not rely on friends, family or your own judgment.  Seek expert advice.

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, Credit, Debt Relief, Timothy Kingcade Posts

Legislation for Medical Debt Relief Introduced in Senate and House

Five Democratic Senators recently introduced the Medical Debt Relief Act that would remove medical debts from consumer credit reports that have been paid in full. The purpose of the bill is to prevent medical debt from damaging consumers’ credit scores after the debt has been settled.

The bill would require that medical debts allow for a 180-day waiting period before they are reported on consumers’ credit reports. This would allow time for insurance payments to be applied to outstanding medical bills. It would also require that credit reporting agencies remove previously reported medical collections that have been or are being paid by insurance companies from consumers’ credit reports.

If passed, the bill would ensure consumers are able to find affordable credit after paying off their medical debts. It would also permanently establish the new National Consumer Assistance Plan created in 2015 after a settlement agreement was reached between credit reporting agencies and state attorneys general.

The goal of the agreement is for credit reporting agencies to be able to collect complete and accurate consumer information and provide consumers more transparency and a better experience when interacting with credit bureaus regarding their credit reports.

Click here to read more on this story.

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.

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

Rapper Releases Hit Song About Paying Back Student Loans

New Orleans-based rapper, David Augustine Jr., or Dee-1, went viral with his hit song “Sallie Mae Back,” an ode to the struggle of paying back student loan debt. Augustine, a former middle school math teacher, landed a record deal in 2013 with RCA Inspiration and has since paid off his student loan debt in full.

The teacher-turned-rapper attended Louisiana State University and although he was awarded scholarships, they only covered about half of his tuition, room and board. He took out student loans to cover the rest of his education costs.

After landing his record deal and receiving an advance on his album, Augustine said it was obvious how he should spend the money. “I was like, how should I spend this? Most rappers buy a new car; they go ball out; they take a vacation; they go buy new jewelry, with this advance, I wanted to break the stereotypes of how people normally spend them – and get out of debt,” Augustine said.

After knowing the financial stresses that come with student loan debt, Augustine turned his relatable experience into his song’s subject. He released a video for the song “Sallie Mae Back,” on February 11th that has since gone viral and turned into an anthem for recent grads struggling to pay back their student loan debt. The video has been viewed more than five million times on social media.

The songs lyrics tell the story that millions of college students can relate to:

“Needed tuition

Needed room and board

Had to pay for books so I took out loans to feed the boy

Graduated wasn’t making quite enough to pay em back

Went in default messed my credit up

Check my Equifax

I ain’t proud of that

I’m more proud that I drown in that

I got two jobs really got on my grind

No time to whine I can’t ride the pine

In the game right now my time to shine

Started paying them loans back one at a time

Got them down down down

Down down down down down till I paid them all off”

Augustine has also been following the topic of student loans along the presidential campaign trail. He said, “It is ear candy to my generation to hear ‘let’s make college free.’ That’s easy.”

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.

 

Related Resources:

 

http://www.cnn.com/2016/02/24/living/sallie-mae-back-dee1-video-viral-

 

http://www.forbes.com/sites/tomanderson/2016/02/24/meet-the-rapper-who-made-paying-back-student-loans-a-viral-hit/#509f3580b8cb

 

http://time.com/money/4236509/sallie-mae-dee-1-rap-student-loans/

 

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

How to Conquer Your Medical Debt

Millions of Americans struggle with medical debt. In fact, studies show that between 2005 and 2013, medical debts were the single largest contributor to personal bankruptcy filings in the U.S.

The Consumer Financial Protection Bureau (CFPB) said that half of all overdue debt on credit reports is medical debt; one in five credit reports contain overdue medical debt; and 15 million consumers have only medical debt on their credit reports.

Unfortunately, many Americans do not fully understand their rights and protections when it comes to medical debt. Understanding medical debt collection laws can help you better manage your medical debt.

What to do if your bill contains an error.

Medical debt collection laws vary by state, but in most states healthcare providers and debt collection agencies are allowed to contact you regarding a debt that you owe. However, you are allowed to challenge that debt if you believe it is incorrect.  You can also tell the debt collector to stop contacting you. According to Exhale Healthcare Advocates, more than 50 percent of all medical bills contain errors, so it is important to contest your medical bills if you believe there is an error.

In order to challenge your medical bill, you must first ask for an itemization of the bill and request an internal audit. There are websites you can visit that will show you what fair prices for medical services should be, based on your location and zip code, such as www.healthcarebluebook.com. If you feel that your bill contains an error or you have been overcharged for a medical service, you should contact an attorney.

What to do if your insurance company denied your claim.

If your health insurance company has denied your medical claim, you can appeal the company’s denial. Before you do so, it is important that you know and understand the guidelines, including all of the fine print within your insurance policy. Most patients can get the claim denial overturned after one appeal; however, this can be a long drawn out process.

What to do if you are being harassed by a debt collection agency.

It is imperative that you understand your rights under the Fair Debt Collection Practices Act (FDCPA), since medical debts are considered consumer debts. This means all protections of the FDCPA apply to third party debt collectors if your debt is in default. If you feel that your rights have been violated under the FDCPA, you should contact the CFPB and file a complaint.

How to pay down legitimate medical debt.

  1. Do not pay your medical bills before you know how much your insurance company is going to cover.
  1. Never pay more than you owe based on your insurance coverage. For example, if your healthcare provider tries to charge your insurance company $300 for a Band-Aid, and your insurance company only pays $5. The hospital can come after you personally for the rest. This practice is called “balance billing” and is on the rise.  Many Floridians are at risk for balance billing and are often unaware of the financial consequences.  Individuals who run the greatest risk are those who have health policies from a private company that is not an HMO.  Most are PPOs, preferred provider organizations.  Those in an HMO would see all their bills covered: ambulance, hospital and doctors.  But those who have another type of health insurance could be faced with astronomical medical bills after a trip to the ER or hospital.
  1. If you receive medical bills that you legitimately owe, contact your healthcare provider to work out a monthly payment plan that works with your financial situation.

 

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://health.wusf.usf.edu/post/bruising-battle-over-balance-billing#stream/0

http://blog.credit.com/2016/02/help-im-in-serious-debt-with-medical-bills-137177/

 

Credit, Debt Relief, Timothy Kingcade Posts

Citibank Ordered to Stop Collections on $34 Million in Credit Card Debt, Fined $8 Million

The Consumer Financial Protection Bureau (CFPB) fined Citibank $8 million last week for allegedly selling credit card debt with inflated interest rates and failing to send consumers’ payments to debt buyers. The credit card giant has also agreed to stop collections on $34 million in credit card debt held by nearly 7,000 consumers.

The CFPB said that Citibank hired two debt collection law firms, Faloni & Associates, LLC, and Solomon & Solomon, P.C., who reportedly altered affidavits filed in New Jersey debt collection lawsuits. Both firms are accused of changing either the dates of the affidavits or the amount owed; in some cases both, after they were executed, which is a violation of the Fair Debt Collection Practices Act.  Citibank claims the agency first learned of violations in 2011 and stopped referring new credit card accounts to it.

In a separate action, the CFPB ordered Citibank to refund $11 million to consumers who were affected by the alleged altered affidavits and nearly $5 million to approximately 2,100 consumers who were affected by the inflated APRs. Citibank has complied and has already issued refunds. Citibank did not admit or deny any of the CFPB’s allegations as part of the enforcement actions.

Fair debt collection practices have been a focus for the CFPB in recent years. Both JPMorgan Chase and American Express have been fined millions for illegal debt collection practices involving credit card debt.

CFPB Director Richard Cordray said in a press release, “Citibank sent inaccurate information to buyers when it sold off credit card debt and it also used law firms that altered court documents. Today’s action provides redress to consumers who were victimized by slipshod practices as part of our ongoing work to fight abuses in the debt collection market.”

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.

Related Resources:

http://www.foxbusiness.com/features/2016/02/24/citibank-will-stop-collecting-34-million-in-credit-card-debt.html

http://www.americanbanker.com/news/law-regulation/cfpb-fines-citibank-8m-over-debt-collections-1079533-1.html

 

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

Student Borrowing Affects Retirement and Home Ownership

New data released from The Center for Retirement Research at Boston College revealed that student loan debt is preventing Americans from saving for retirement. Student loan debt has reached massive levels, with 40 million people stuck with at least one student loan. It accounts for more than 30 percent of non-mortgage related household debt. According to the St. Louis Federal Reserve, more than 27 percent of student loan borrowers in repayment are delinquent on those payments.

The report found that student loan debt has the same impact on retirement savings as unexpected healthcare costs. This means that a greater percentage of households are at risk of not being able to maintain their standard of living in retirement, because they are unable to save while they are in the workforce.

Most college bound students are not thinking about retirement when they take out student loans for expensive degrees. Unfortunately, if students choose a degree that will prepare them for a low-earning career or a career with a deficit in jobs, student loans are going to be harder to pay back.

Student loan debt is not only affecting retirement, it’s also affecting borrowers abilities to purchase homes and buy new cars. Many borrowers are unable to obtain a mortgage because their student loans push their debt-to-income ratio disqualifies them.

The Center for Retirement Research used the National Retirement Risk Index, which measures the percentage of working households age 30 to 60 who are on track to be able to maintain their standard of living in retirement. It looks at what a person’s age 60’s retirement security would be if the person had the same level of student loan debt as today’s average, $31,000.

The Center found that the percentage of people at risk went from 51.6 percent to 56.2 percent, a 4.6 percent increase. Although it doesn’t seem like a great increase, a 19.6 percent across-the-board cut in Social Security benefits would raise the index by 10.7 percentage points. This means that the impact is roughly half of the impact of an unprecedented move such as cutting Social Security benefits.

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, Student Loans, Timothy Kingcade Posts

Student Loan Relief Tax Bill Introduced in Congress

Congressman Austin Scott (R-GA) recently introduced the “Student Tax Affordability and Relief Act,” into the House of Representatives. The bill would provide gross income exclusion for amounts that employers pay on employee student loans.

The bill excludes from gross income amounts paid as “qualified student loan payment assistance.” It defines their assistance as “amounts paid or incurred by an employer under a plan for the exclusive benefit of the employees of the employer to provide such employees with student loan payment assistance.” The bill provides a taxable limit of $10,000 per year.

Student loan debt has been an economic concern for some time. The Consumer Financial Protection Bureau reported in 2013 that the amount of outstanding student loan debt exceeded $1 trillion.

Individual states have recognized the economic ramifications of student loan debt and are taking matters into their own hands. States such as New York and Virginia have introduced their bills to assist struggling student loan borrowers. New York’s program will pay up to two years of student loans for eligible residents. While one of Virginia’s pending bills would allow students to refinance 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.