Timothy S. Kingcade Archives - Page 3 of 3

Bankruptcy Law, Credit, Timothy Kingcade Posts

Texas Borrowers Jailed for failing to pay back Predatory Loans

Posted on January 13, 2015by Admin

At least six people have been jailed in Texas for defaulting on their payday loans, according to public court records. Texas Appleseed, an economic advocacy group, found that more than 1,500 debtors face criminal charges in the state- even though Texas enacted a law in 2012 prohibiting lenders from using criminal charges to collect debts.

According to documents, 1,576 criminal complaints were issued against debtors in eight Texas counties between 2012 and 2014. These complaints were often filed by courts with minimal review and based solely on the payday lender’s word and inconclusive evidence. As a result, borrowers have been forced to repay at least $166,000, to the group found.

In 2012 the Texas legislature passed a law explicitly describing the circumstances under which lenders are prohibited from pursuing criminal charges against borrowers. In Texas, failure to repay a loan is a civil, not a criminal, matter. Payday lenders cannot pursue criminal charges against borrowers unless fraud or another crime is clearly established.

However, according to Texas Appleseed’s new analysis, payday lenders continue to routinely press questionable criminal charges against borrowers. In response to these findings, Consumer Financial Protection Bureau spokesman Sam Gilford said, “Consumers should not be subjected to illegal threats when they are struggling to pay their bills, and lenders should not expect to break the law without consequences.”

Despite being against state law, the data show that criminal complaints are an effective way for payday lenders to get borrowers to pay. Of the 1,576 criminal complaints Appleseed analyzed, 385 resulted in the borrower making a repayment on their loan. This deceitful strategy in using criminal charges to coerce money from borrowers means that payday lenders have a financial incentive to file criminal charges against debtors with alarming regularity — even if those charges are eventually and rightfully dismissed.

Texas is not alone in taking this approach. In 2011, The Wall Street Journal discovered that more than a third of states allow borrowers to be jailed, even though federal law mandates that loan repayment be treated as a civil issue rather than a criminal one.

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, 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, Foreclosures, Timothy Kingcade Posts

A Win for Consumers! Elderly Couple Wins $1 Million in BOA Lawsuit over Harassing Debt Collection Calls

Posted on December 18, 2014by Admin

Nelson and Joyce Coniglio were called repeatedly and endured years of harassment after they fell behind on their mortgage payments in 2009. According to court documents, for more than four years the couple received approximately 700 collection calls from Bank of America’s automated robo calling system.

The automated system also dialed each number that the couple had available- home phone and cell phones, leaving messages on each one. The collection calls would come at all times of the day and night, leaving the 69-year-old couple completely overwhelmed and feeling helpless.

When Bank of America was not bombarding the couple with relentless and harassing phone calls, they were mailing them letters threatening foreclosure. The Coniglios say they even sent letters to the bank asking them to cease all phone calls, but the calls continued.

Fed up, the couple decided to take action, using the Fair Debt Collection Practices Act and the Telephone Consumer Protection Act, which outlines the manner in which these collection companies, agencies, and banks collect on money owed to them.

The judge awarded the elderly couple exactly $1,051,000 in monies due, including court costs and other attorney fees related to the suit.

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 of your options. 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

Best Shopping Deals in March

Posted on March 5, 2013by Admin

March has always been a big shopping month, particularly for those looking for spring deals. Below is a list from Dealnews.com of the best products to buy this month.

PlayStation 3
Sony debuted the long-awaited PlayStation 4 in late February. In the past, prices on previous generation PlayStations have dropped between 60% and 64% just after the latest models were released. The prices of PlayStation 3 consoles are expected to do the same this month.

Chocolate
High-end chocolate shops, such as Godiva, are expected to have great deals on chocolates leftover from Valentine’s Day this month. Typically after a holiday, themed candy is discounted up to 50%.

Luggage
March is a great time of the year to buy travel gear. Last year, a number of stores had great luggage deals during March such as: Wal-Mart, eBags, Macy’s and Sears. These deals will likely last through spring.

Frozen Foods
March is National Frozen Foods Month. Although it was adopted as a marketing ploy, you will see special promotions from different food brands throughout the month on frozen foods.

Smartphones
In February, at Mobile World Congress, several phone manufacturers debuted new smartphones, turning 2012 models into previous-generation goods. This month will be a good time to buy last year’s smartphones at discounted prices.

Big-Screen TVs
TV deals were at all-time lows during February. These discounted prices are expected to continue into March.

If you are in a financial crisis and are considering filing bankruptcy, contact an experienced 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, P.A. at www.miamibankruptcy.com.

Credit, Timothy Kingcade Posts

5 Quick Fixes for Your Credit Score

Posted on February 22, 2013by Admin

Mortgage borrowers are struggling to obtain the best rates when purchasing a new home. If your credit score is less than 740, these quick fixes are for you:

1. Pay down credit card balances. FICO scores are the highest for those who carry less than a 20% balance on their credit cards. Most analysts believe paying down credit card balances is the best way to improve your credit score.

2. Fix credit report errors. Many individuals have credit report errors weighing down their scores and have no idea. A common credit report error is a medical collection. You may think your insurance company has taken care of a bill and vise versa. It is vital that you make sure your credit report has no errors.

3. Eliminate disputed accounts. Removing disputed accounts from your credit report is essential to improving your credit score. Disputed accounts appear as a negative item. If you are applying for a conventional loan guaranteed by Fannie Mae or Freddie Mac, these items must be removed.

4. Use an old credit card or apply for a new one. Unused credit cards will not have a positive impact on your score unless you begin using them. It may seem as though it will help your score if you do not use your credit cards, but using them responsibly will improve your score at a much faster pace.

5. Do not close any accounts. Opening new credit cards that are unnecessary and closing unused credit card accounts are equally negative for your credit score.

To read more on this story visit: http://money.msn.com/credit-rating/5-fast-fixes-for-your-credit-score

If you have any questions on this topic or are in a financial crisis and are considering filing bankruptcy, contact an experienced 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, P.A. at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Job Recovery Rate Higher for Workers with College Degrees

Posted on February 7, 2013by Admin

According to CNN Money, recent studies have shown that levels of job recovery are much higher for workers with a college degree. Workers with higher levels of education such as: master’s degrees, doctorates or professional degrees are a small part of the population and have been affected the least by the suffering job market. Unfortunately, those with a high school diploma or less have experienced the greatest job deficit and slowest employment gains.

Workers with master’s, doctorates or other professional degrees have experienced a 6.7% job market gain since 2010. Approximately 1.1 million more workers reported having jobs in 2012 than in 2010. Workers with bachelor’s degrees have reported a 5% gain since 2010. Workers with a high school diploma or less have been experiencing a loss in jobs since 2007. Approximately 767,000 fewer reported having a job in 2012 than in 2010. Experts say this is a long-running trend that has been shifting the U.S. economy toward more professional occupations. The health care and professional services sectors experienced the strongest job growth last year. Construction, a predominately blue-collar profession, experienced the biggest sector cut.

Bankruptcy Law, Florida Bar, Timothy Kingcade Posts

Kingcade & Garcia, P.A. Files 1,070 Bankruptcy Cases for the Year in the Southern District of Florida

Posted on January 8, 2013by Admin

MIAMI – Kingcade & Garcia, P.A. (www.miamibankruptcy.com) a Miami-based bankruptcy law firm, focused solely on helping individuals and families throughout the Southern District of Florida in Chapter 7 bankruptcy and foreclosure defense cases, is pleased to announce it filed 1,070 total bankruptcy cases in 2012.

“We are honored to be able to help more than 1,000 families in South Florida eliminate their debt and get a fresh start with their finances,” said Founding Partner and Managing Shareholder, Timothy S. Kingcade. “We attribute this success to our unwavering dedication to our clients and never losing sight of their best interest throughout the bankruptcy process.”

Attorney Kingcade practices exclusively in the field of bankruptcy law, handling Chapter 7 bankruptcy filings and foreclosure defense cases for the Southern District of Florida. All partners and associates at Kingcade & Garcia, P.A. specialize in consumer bankruptcy and foreclosure and have dedicated their practices to this area of the law. Additionally, all attorneys and staff members at the firm are bilingual speaking Spanish.

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Miami-based Kingcade & Garcia, P.A. was established by managing partner and bankruptcy attorney, Timothy Kingcade in 1996. The firm represents clients throughout the Southern District of Florida in Chapter 7 bankruptcy and foreclosure defense cases. The firm is committed to providing personalized service to each and every client, clearly explaining the options according to the unique circumstances of his or her life. The office environment and the service provided are centered on a culture of superior client care. More information can be found at www.miamibankruptcy.com or by calling 305-285-9100.

Credit, Timothy Kingcade Posts

Two Reporters Told to Choose Who Gets Laid Off

Posted on December 17, 2012by Admin

The Kansas City Star recently told two reporters to choose who would keep their job and who would be laid off. The president and publisher of the newspaper, Mi-Ai Parrish, said the publication would be forced to cut 17 positions total. The odd layoff approach has made national news and been widely criticized by workplace experts. Parrish also insinuated the paper would continue using this approach in order to give workers the option of a severance package. She said if no one volunteered, the person with the least amount of tenure would be laid off.
Workplace expert Bob Kelleher has encouraged organizations to stay away from insourcing layoff decisions. The reason leadership positions exist is so that someone is held accountable for these kinds of decisions. In the aftermath of the layoffs, the majority of workers left will likely have little respect for the leaders of the company. It appears to the remaining workers that those who should be making the decisions lack the courage to do so.
To read more on this story visit: http://www.nbcnews.com/business/two-kansas-city-star-reporters-told-choose-who-gets-sacked-1C7573609
If you are in a financial crisis and are considering filing bankruptcy, contact an experienced 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, P.A. at www.miamibankruptcy.com.

Bankruptcy Law, Timothy Kingcade Posts

Miami Landlord Ordered to Stop Harassing Family Protected by Chapter 7 Bankruptcy Automatic Stay

Posted on December 3, 2012by Admin

MIAMI – A Florida judge recently ordered a landlord to stop harassing a Miami couple with two children who sought Chapter 7 bankruptcy protection. The family was struggling to keep up with their bills and was facing eminent eviction when they went to see Miami bankruptcy attorney, Timothy S. Kingcade to file for bankruptcy protection.
“The landlord disregarded the automatic stay put in place that protects from harassing debt collector calls, wage garnishment and repossession of property. This landlord was extremely aggressive and thought the laws of bankruptcy code did not apply to him,” Timothy S. Kingcade said.
Kingcade filed an emergency motion to hold the landlord in contempt of court for violating the automatic stay. The landlord did not appear at the hearing, but harassed Mr. Kingcade and the family with threatening phone calls and text messages. Ultimately, the bankruptcy judge found the landlord in contempt of court and ordered him to stop harassing the family and their attorney.
Mr. Kingcade proceeded to take the family’s case to the state court judge. After reviewing the bankruptcy court’s findings, the judge vacated all pleadings filed in violation of the automatic stay. The family now has time to restructure their finances without risk of eviction and will no longer be harassed by their landlord.
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Miami-based Kingcade & Garcia, P.A. was established by managing partner and bankruptcy attorney, Timothy Kingcade in 1996. The firm represents clients throughout the Southern District of Florida in Chapter 7 bankruptcy and foreclosure defense cases. The firm is committed to providing personalized service to each and every client, clearly explaining the options according to the unique circumstances of his or her life. The office environment and the service provided are centered on a culture of superior client care. More information can be found at www.miamibankruptcy.com or by calling 305-285-9100.

Bankruptcy Law, Timothy Kingcade Posts

Bankruptcy Judge Approves Hostess’ Closing

Posted on November 27, 2012by Admin

One of America’s most well known baked goods producers, Hostess, announced its plans to close a couple of weeks ago. Hostess failed to come to an agreement with its workers’ unions prompting the company to ask permission from the courts to liquidate its assets. Judge Robert Drain gave preliminary approval for the company to start selling assets such as its bakeries, brands and recipes.
Approximately 15,000 of the 18,500 employed by Hostess will likely be terminated in the coming days. Main operations for the company have been closed since Friday, November 16th. Investment bankers have said that possible buyers are inquiring various brands and facilities owned by Hostess. Hostess’ CEO said plans to sell off assets would move as quickly as possible. Judge Drain scheduled another hearing regarding a request for approval of bonuses for 19 executives to oversee the liquidation process, equaling $1.75 million.
To read more on this story visit: http://money.cnn.com/2012/11/21/news/companies/hostess-closing/index.html
If you are in a financial crisis and are considering filing bankruptcy, contact an experienced 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, P.A. at www.miamibankruptcy.com.

Bankruptcy Law, Timothy Kingcade Posts

New Survey Reveals Economic Factors Behind Bankruptcy

Posted on December 30, 2009by Admin

CHICAGO, IL, (AttorneyNewsWire.com) — December 24, 2009 — As America closes out 2009 with roughly 1.45 million bankruptcy filings, a new survey reveals the possible economic factors behind the surge.

The statistics are based on a December 2009 survey of 1,000 people contacting Total Attorneys to connect with a bankruptcy lawyer.

The Economic Factors Survey
When asked which economic factor (job loss/wage reduction, the credit crunch, increased mortgage payments, gas prices or food prices) forced them to consider bankruptcy, 57% of respondents cited job loss/wage reduction.

“Widespread, long-term job loss means many people don’t have the income to cover basic living costs,” says Kevin Chern, bankruptcy attorney and president of Total Attorneys. “Bankruptcy may be a way for people to protect their homes and regain control over their finances.”

The Bankruptcy Relation Survey
In an indication of how much the bankruptcy idea has spread, 10% of people polled said they know three or more people who recently considered bankruptcy.

“Bankruptcy isn’t something that happens to someone else,” says Chern. “It’s not a sign of failure or irresponsibility. For many people it’s a way to protect their family.”

Posted by timothy kingcade