Timothy Kingcade Archives - Page 6 of 53

What is considered bankruptcy fraud and what are the consequences?

Posted on February 23, 2018by Admin

When you file for bankruptcy, you are required to list all of your property and any assets you have transferred to others within a particular time period on your bankruptcy paperwork. Failing to do so can cause you to be accused of bankruptcy fraud. The relief bankruptcy affords you is a powerful one, and frees you from the burden of overwhelming debt. However, it does cost your creditors. Bankruptcy law attempts to mitigate this loss by establishing a bankruptcy ‘estate’ (i.e. – the remaining property) after your exemptions (those assets which are kept to maintain a job and household).

Although, most people who file for bankruptcy are honest hardworking people, some individuals can be tempted to hide property and assets. Here are some examples that if caught, could be considered criminal:

Failing to list all assets on the appropriate bankruptcy schedule;
Concealing a property transfer prior to the bankruptcy filing (i.e. – giving a boat or car to a friend or family member);
Creating a false document;
Destroying or withholding documents, and
Paying someone to help hide property from the court.

The consequences of engaging in such activities are harsh. Anyone who makes a knowingly false statement in association with a bankruptcy filing can be assessed fines up to $250,000 and receive up to 5 years in prison. Regardless of your occupation or status in life, if you are found guilty of bankruptcy fraud- you face real consequences, criminal prosecution and even jail time.

Bankruptcy trustees are experts at finding undisclosed cash, property, vehicles, boats, jewelry, antiques, and collectibles. If you are caught trying to hide assets, the consequences are big. Your discharge will be denied, and you will be unable to discharge the debts you listed in a subsequent bankruptcy filing.

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 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. 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 McMaken website at www.miamibankruptcy.com.

Related Resources:

https://www.nolo.com/legal-encyclopedia/bankruptcy-fraud.html

Bankruptcy Law, Credit, Debt Relief

Why Credit Card Debt is Bad for Your Health

Posted on February 21, 2018by Admin

The economy is improving and with that comes consumer confidence, increased spending and rising credit card debt. But while household income has grown over the past decade, so has the cost of living. This has caused many consumers to access lines of credit and utilize more credit cards. Credit card debt hit its highest point ever in 2017, surpassing $1 trillion, according to the Federal Reserve.

Close to 2 in 5 consumers who have been in credit card debt say it has affected their overall happiness, according to a recent study by NerdWallet. One-third said it negatively affected their standard of living, and 1 in 5 said it negatively impacted their health. Still, the average American has about three credit cards and a total balance of $6,375, up nearly 3% from last year, according to Experian’s annual study on the state of credit and debt in America.

There are steps you can take to deal with credit card debt with rising interest rates. Don’t let your debt cost you another sleepless night. Sit down with an experienced Miami bankruptcy attorney to discuss your options in greater detail. The consultation is free, the relief is real. 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. 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 McMaken website at www.miamibankruptcy.com.

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

Top 10 Reasons People File for Bankruptcy

Posted on February 17, 2018by Admin

While it is commonly assumed that people who file for bankruptcy cannot resist the temptation of using credit cards or are self-proclaimed shopaholics, most people go bankrupt for other reasons. Here are the most common reasons people file for bankruptcy.

Medical debt. Medical expenses account for approximately 62 percent of personal bankruptcy filings in the U.S., according to a recent Harvard University study. And interestingly enough, the study revealed that 72 percent of those who filed for bankruptcy due to their medical bills had some form of health insurance.
Reduced income. Companies are cutting back on expenses and for many employees that means pay cuts. Less income, combined with an unexpected expense can end in bankruptcy.
Job loss. The sudden loss of a job can quickly deplete ones savings. Approximately 62% of Americans have less than $1,000 in savings and 21% live month-to-month.
Credit card debt. This is not always the result of irresponsible spending, but can accumulate due to an unexpected medical expense, illness or job loss.
Divorce. This can mean a significant loss of income and assets for both partners. It can also mean taking on a portion of your partner’s debt if you co-signed on a loan during the marriage.
Unexpected expenses. Emergencies can happen to any one of us, whether your vehicle breaks down, you suffer a debilitating illness or a catastrophic storm damages your home—these events can deplete savings quickly.
Student loans. Even though these are difficult to discharge in bankruptcy, statistics show that student loans account for at least one percent of all U.S. bankruptcy filings, which translates to approximately 15,000 bankruptcies a year.
Utility payments. For many homeowners, the rising costs of utilities- such as heating, air conditioning and electricity- can quickly add up and pave the way to bankruptcy.
Foreclosure. A number of people file for bankruptcy in an effort to save their homes from foreclosure.
Money mismanagement. Money management has become more difficult, thanks in part to inflation. A combination of poor spending habits and incorrect budgeting can quickly spiral into debt.

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 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. 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 McMaken website at www.miamibankruptcy.com.

Bankruptcy Law, Debt Relief, Timothy Kingcade Posts

A Consumer’s Rights When a Creditor Violates the Automatic Stay

Posted on February 15, 2018by Admin

The two most powerful tools in the bankruptcy code are the bankruptcy discharge and the automatic stay. U.S. bankruptcy law defines the automatic stay as an automatic injunction that halts actions by creditors, with certain exceptions, to collect debts from an individual who has declared bankruptcy. Under section 362 of the United States Bankruptcy Code, the “stay” begins at the moment the bankruptcy petition is filed.

Automatic stay violations can be accidental or deliberate. Most of the time, it is the result of timing issues or lack of understanding of the law. When a bankruptcy case is filed, the automatic stay goes into effect immediately, but sometimes it can take a week or more for the creditor to find out about the case.

When timing is of the essence- for example, when trying to prevent a foreclosure from taking place, it is of extreme importance your attorney notify that particular creditor immediately after the case is filed.

It is not unlikely that you will continue receiving phone calls, collection letters or statements demanding payment in the mail. Even though these are violations of the automatic stay, in these situations it is best to direct all calls to your attorney. To prove the violation, you will have to show the court that the creditor acted willfully (i.e. – the creditor must know that the action it is taking is prohibited.)

We advise our clients to keep their filing information readily available, so they can provide the case number, name of the court in which the case is being filed, etc. to creditors who continue to call. If this is documented, and the calls continue, the creditors can be held accountable for violating the bankruptcy automatic stay.

Penalties for Violating the Automatic Stay

The penalties for violating the automatic stay depend on the nature of the violation and whether it was done with deliberate disregard for the bankruptcy filing. Damages can include out-of-pocket costs (e.g. – renting a vehicle to get to work if your car was repossessed); it can also include attorney’s fees and costs for having to bring the motion before the court, and even pain, suffering and mental anguish.

Our firm works to hold creditors accountable for violating the protections allotted by the U.S. bankruptcy laws. Just last month, our firm’s motion was granted by a Florida judge in a case that held the creditor in contempt of court for violating the automatic stay in a Miami bankruptcy case. The Order directed the creditor to cease and desist all eviction proceedings until further order of the court. The creditor in this case was also required to pay attorneys’ fees for our firm having to bring forth the motion to enforce the automatic stay to protect our client.

If you are dealing with a creditor you think may have violated the automatic stay, contact your attorney immediately. An experienced Miami bankruptcy attorney will know whether the contact was innocent in nature or a willful violation worth pursuing.

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Millennials Slower to Pay Down Medical Debt

Posted on February 14, 2018by Admin

A recent study by TransUnion revealed that millennials pay medical expenses at a lower rate than Gen X or baby boomers. The study did a comparison of credit data and it revealed five key findings.

Millennials use fewer credit cards than Gen X consumers. In fact, their use of private label cards is 23 percent lower than Gen X consumers, while their usage of bankcards is 22 percent lower.
Millennials prefer to make every day purchases using cash and debit cards, according to TransUnion.
When it comes to credit cards, subprime millennials carry a serious delinquency rate of 23 percent, which is lower than the Gen X rate of 28 percent.
Millennials tend to pay medical bills at a slower pace compared to other generations, according to TransUnion. The study found 74 percent of millennials did not pay their medical bills in full in 2016, a 6 percent increase from 2015. That compares to 68 percent for Gen X consumers and 60 percent for baby boomers.
Millennials’ slower rate of paying medical bills is occurring in a healthcare environment where patients are taking on more financial responsibility for their care. The study found healthcare provider revenue collected directly from patients increased from less than 10 percent to more than 30 percent over the last 10 years.

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 McMaken, 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 McMaken website at www.miamibankruptcy.com

Bankruptcy Law, Debt Relief, Timothy Kingcade Posts

Auto Loans in Chapter 7 Bankruptcy- Can you keep your Vehicle?

Posted on February 13, 2018by Admin

If you are considering filing for Chapter 7 bankruptcy, you may be wondering whether you will be able to keep your vehicle. Fortunately, it is possible to keep your vehicle and file for bankruptcy- even if you are still financing it. People with car loans have three options under Chapter 7 – they can reaffirm the debt, redeem or surrender their vehicle.

If you choose to reaffirm your car loan, you agree to continue making payments on the loan. You will need to fill out a Chapter 7 Individual Debtor’s Statement of Intention that lists your secured debts. Continuing to make on-time payments on the auto loan after bankruptcy will help rebuild your credit score quickly as these payments will be reported to the credit agencies.

If you choose to redeem your car, this will mean coming up with the money to completely pay off the loan. This option is oftentimes the most difficult of the three.

Surrendering the car allows a borrower to return the car to the lender in bankruptcy. This is a viable option if you realize you are not able to make your monthly payments and the auto loan has become too burdensome or you are upside-down on your auto loan. This option can essentially give you a second chance with a less expensive, more affordable car payment.

Bankruptcy Law, Debt Relief, Timothy Kingcade Posts

How to Know If You Qualify for Chapter 7 Bankruptcy

Posted on February 11, 2018by Admin

The bankruptcy Means Test determines whether your income is low enough to file for Chapter 7 bankruptcy. The test is designed to keep high-income earners from filing Chapter 7 bankruptcy and limited to consumers who truly need it and cannot afford to repay their debts.

If the Means Test proves your income is too high to file Chapter 7 bankruptcy, you can file Chapter 13 bankruptcy and repay a portion of your debts (typically over a three-to five-year period). Even with the requirements to pass the Means Test, it does not mean you have to be penniless to file Chapter 7. In fact, you can earn significant monthly income and still qualify for Chapter 7- depending on the expenses you have.

The Means Test determines if you qualify for Chapter 7 by deducting specific monthly expenses from your “current monthly income” (i.e. – your average income over the six calendar months before you file for bankruptcy) to arrive at your monthly “disposable income.” The more disposable income you have, the more likely you will be required to repay your creditors.

The first step of the Means Test is to determine whether your income is more or less than the median income in your state. Median income levels vary by state and household size. Also, each county and metropolitan region has different allowed amounts for categories of expenses, such as necessities, housing, and transportation. You can enter your zip code into the Means Test Calculator to determine the income requirements for your specific location.

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

New Study Reveals- 24 Percent of Americans have more Credit Card Debt than Savings

Posted on February 8, 2018by Admin

The new statistic comes from a 2017 Bankrate study, which also revealed only 52% of Americans have emergency savings that exceed their outstanding credit card balances. Meanwhile, the average U.S. household owes $7,136 in credit card debt and an estimated 57% have less than $1,000 in the bank.

There are ways to break the cycle of debt and boost savings simultaneously. It starts by creating a budget. Without a budget, you will have no idea where your money is going each month and where you can cut corners. Downsizing your living space can free up several hundred dollars a month. But keep in mind, cutting back on leisure purchases, eating out and clothing can do the same.

Taking on a side-job to earn extra income is another way to pay down debt and boost savings. Of the 44 million Americans who currently have a second job for supplemental income, more than one-third bring home upwards of $500 a month as a result.

Getting out of the debt cycle begins with creating a realistic budget and getting a grasp on your current financial situation. There are specific ways you can deal with high interest credit card debt. If you are struggling with insurmountable debt, whether it is credit card debt, medical debt or student loan debt, consider sitting down with an experienced Miami bankruptcy attorney for a free consultation who can assess your financial situation in more detail and let you know if bankruptcy is right for you.

Click here to read more on this story.

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. 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 McMaken website at www.miamibankruptcy.com.

Student Loans, Timothy Kingcade Posts

Is refinancing your student loan debt a good idea?

Posted on February 7, 2018by Admin

Well, it depends. It depends on the terms of the loan. With so many Americans struggling to pay back their student loans, refinancing can seem appealing, but it also has risks. Student loan debt surpassed $1.3 trillion in the United States in 2017 – and nearly 3,000 loans go into default every day, according to federal regulators.

Refinancing can look like an attractive option, offering borrowers a way to lower their monthly payments. But essentially what it does is sell the debt to another lender under new terms. Oftentimes, that comes at the expense of a longer lifetime of the loan.

Carefully examine the terms, because extending the terms of the loan could cost you significantly more money in the long run. It is important to check the following before considering refinancing your student loan debt:

The length and interest rate of the loan;
Whether the interest rate is variable or fixed (Fixed is best right now, because rates are low);
Check for up-front origination fees;
Compare refinancing offers and read the contract carefully;
Always check if you are eligible for income based repayment plans, before you consider refinancing options.

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 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. 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 McMaken website at www.miamibankruptcy.com.

Foreclosures, Timothy Kingcade Posts

Florida Ranks in the Top 10 for Highest Foreclosure Rates

Posted on February 6, 2018by Admin

Even with economic improvement, Florida ranked among the top 10 states with the highest foreclosure rates in 2017, despite the number of foreclosures dropping by 45% compared to 2016. Last year in Florida there were 24,215 foreclosure proceedings filed, compared to 43,772 in 2016, according to ATTOM Data.

Here are the states with the highest foreclosure rates in 2017:

New Jersey (1.61 percent of housing units with a foreclosure filing);
Delaware (1.13 percent);
Maryland (0.95 percent);
Illinois (0.86 percent);
Connecticut (0.78 percent);
Florida (0.72 percent);
South Carolina (0.70 percent);
Ohio (0.70 percent);
Nevada (0.67 percent);
New Mexico (0.63 percent).

Florida ranked among the top states with the highest number of legacy foreclosures on loans originated between 2004 and 2008. Miami-Dade County ranked among the highest number of legacy foreclosures in the nation. The top counties were: Nassau County (Long Island), New York (6,782); Cook County (Chicago), Illinois (5,478); Kings County (Brooklyn), New York (4,677); Miami-Dade County, Florida (3,804); and Suffolk County (Long Island), New York (3,417). In the fourth quarter of 2017, Florida also ranked near the top of all states with the longest average time to foreclose, on average 1,493 days.

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 McMaken website at www.miamibankruptcy.com.