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December 2018 Archives

Credit counseling required before filing for bankruptcy

As a Florida resident who is grappling with increasingly overwhelming debt, you may be working through your options and trying to figure out whether filing for bankruptcy may help you get your finances back in order. Before you do so, however, you will need to participate in credit counseling at some point during the 180 days leading up to your filing. At the office of Kingcade Garcia McMaken, we have a firm understanding of the various steps you must take ahead of a bankruptcy filing, and we have helped many clients facing similar circumstances take care of these and similar matters.

What is an automatic stay?

If you are struggling with debt, you may know what it is like to be contacted by collection agencies at different times of the day or night. Did you know that by filing for bankruptcy, you may be able to put an end to harassing creditor calls? It is referred to as an automatic stay, and it goes into effect when you submit your bankruptcy documents into the court. Under the automatic stay, creditors and collection agencies are no longer able to contact you regarding your debt. They are also unable to garnish your wages, make demanding telephone calls and initiate or continue lawsuits that were filed because of your late or delinquent payments.

What is the Fair Debt Collection Practices Act?

If you live in Florida and face overwhelming debt, your phone likely rings a lot. You may have stopped answering it when you fail to recognize the incoming number, fearing the call is from one more of your creditors calling to harass you about debt repayment. You may feel that you have no rights at all.

How to recognize debt settlement scams

As a Florida resident who feels like you are drowning in debt, you may be looking for just about any type of assistance you can get. You may, too, find that you are increasingly becoming a target of debt settlement companies who may make all kinds of promises in an attempt to get you to work with them. At Kingcade Garcia McMaken, we recognize that some debt settlement companies are little more than scams, and we have helped many clients facing overwhelming debt pursue safer solutions that meet their needs.

Deliquent mortgage payments on the rise

People who are struggling with overwhelming credit card debt, or have just experienced a sudden change in their lives, such as a job loss or diagnosis of a chronic condition, may find it hard to make their mortgage payments every month. House payments can be a major chunk of a person's paycheck, and when money is tight, it may be difficult to come up with the funds to make that payment. As a result, many Americans fall into foreclosure or end up losing their homes because of their inability to pay.

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