Tag: secured debts

Car Repossession

What Are the Repossession Laws in Florida?

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If you are facing the possibility of repossession in Florida, knowing your rights, and understanding the process can help you feel more in control and figure out your next steps. Florida repossession laws favor lenders, but as a borrower you still have rights. Lenders are legally allowed to start the repossession process after just one missed payment. Whether that happens depends on your loan agreement. Most lenders offer a grace period, allowing you a few extra days to make a payment without late fees or other penalties.

When it comes to auto loans, these are considered secured debts. The car is what “secures” the loan. So, if you do not make your loan payments, the lender can take back the car through repossession.

Falling behind on car payments is stressful. A car is not only a vehicle for people, but an essential asset. Many people rely on it to get to work, take their children to school or daycare, and for other daily needs. The thought of losing it can be overwhelming.

How Can I Stop Repossession?

One of the best ways to avoid repossession is to make sure your car payment fits your budget before buying a vehicle. It also helps to hold on to your car as long as you can. Trading in a vehicle before the loan has been paid off can lead to higher monthly payments when rolling over the debt into a new loan. This can result in owing more money than your car is worth.

Unexpected financial hardships can happen to anyone. If you are behind on payments or worried about falling behind, here are steps people often take to avoid repossession:

  • Talk to your lender: Some lenders are willing to work with you. They may adjust the terms of your loan and set up a payment plan that fits your current financial situation.
  • Catch up on missed payments: If possible, try and get current on the loan. Request late fees and finance charges be removed. Anything to help get the balance down.
  • Consider bankruptcy: If your car payment is just one of the bills you are behind on, filing bankruptcy might help. Particularly if you have overwhelming credit card debt or medical bills. In some cases, people can keep their car during the bankruptcy process. Consider setting up a free consultation with an experienced bankruptcy attorney to learn more about your options.

If you have 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 McMaken has been helping people from all walks of life build a better tomorrow. Our attorneys help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild, and recover. To learn more, visit the Kingcade Garcia McMaken website at www.miamibankruptcy.com.

SOURCE: Repossession Laws in Florida – Upsolve (January 15, 2026)

Bankruptcy Law, Debt Relief, Timothy Kingcade Posts

How quickly can you refinance your Mortgage after Bankruptcy?

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The rules have changed over the years regarding how quickly you can refinance a mortgage after bankruptcy. If you are underwater on your mortgage, meaning your mortgage is more than the current value of your home, your only refinance option will be through the Home Affordable Refinance Program (HARP). The earliest you can take out a new mortgage guaranteed by Fannie Mae or Freddie Mac following a bankruptcy is two years.

Freddie Mac’s guidelines say, the “waiting period” for reestablishment of credit after a Chapter 13 bankruptcy is 48 months from the dismissal date, but this period is only in effect if the bankruptcy was “caused by financial mismanagement.”

If the bankruptcy was due to illness, income loss, etc. and not due to overspending, the period will be 24 months from the discharge date. Fannie Mae has similar rules in effect of two years from the discharge date or four years from the dismissal date.

If you are unable to meet Fannie or Freddie’s guidelines, you may be eligible for an FHA-backed refinance. You will need to document “one year of the pay-out period under the bankruptcy has elapsed, that your payment performance has been satisfactory and all required payments have been made on time, and you have received written permission from the bankruptcy court to enter into the transaction.”

This one-year waiting period is thanks to the “Back to Work Program.” Here’s how you qualify:

  • You meet all the typical FHA loan requirements;
  • You can properly document the issues that led to your financial hardship;
  • In the last year you have re-established your credit;
  • You have completed HUD-approved housing counseling.

What about refinancing while you are still in bankruptcy? For starters, the bankruptcy court will need to grant you permission to take on new debt. To be able to proceed, you will need to file a motion with the court. Although described differently in each court district, you are essentially filing a “motion to incur debt” or “motion to refinance secured debt.”

Start by working with the attorney who handled your bankruptcy filing, they will be familiar with your case and know the motion paperwork needed in your district.

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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, Timothy Kingcade Posts

What Debt is Dischargeable through Bankruptcy?

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Bankruptcy laws specify that only particular types of debts can be discharged through bankruptcy. Chapter 7 and Chapter 13 bankruptcy allow borrowers to eliminate their unsecured debts. Unsecured debts include items such as credit card debt, medical bills, utility bills, service bills, personal loans, payday loans and judgments. Secured debts which are backed by some form of collateral, like a house, and debts incurred through fraudulent activity, student loans, tax debts, child support and alimony are typically not dischargeable in bankruptcy.

When you hire Kingcade & Garcia, P.A. our attorneys will provide a complete evaluation and give you an honest and accurate assessment of your financial circumstances. We help clients analyze their finances and determine the best path to debt relief. This past year our firm handled more than 1,500 bankruptcy cases, bringing debt relief to individuals, families and business owners throughout South Florida. If you are struggling with insurmountable debt do not wait any longer, set up your FREE office consultation today by calling (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia, P.A. website at www.miamibankruptcy.com.