Tuesday, July 9, 2024

Florida Judgment Interest Rate, July 1, 2024

 The judgment interest rate effective July 1, 2024 in Florida is 9.46%, or .0258470% daily, as reported by https://myfloridacfo.com, Florida's Chief Financial Officer's website.  This is up from 9.34% as of April 1, 2024, and 9.09% as of January 1, 2024.

 




Tuesday, June 11, 2024

Sunset of Debt Limits in Chapter 11 Subchapter V and Chapter 13

6/11/2024

It is unlikely Congress will pass legislation to preserve the existing debt limits for Subchapter V and Chapter 13 debtors before they sunset on June 21, 2024.

Absent a legislative fix, the limits will revert to the amounts in effect in March 2020, subject to adjustment for inflation. The Subchapter V debt limit will drop from $7,500,000 to $3,024,725,and the Chapter 13 threshold of $2,750,000 for both secured and unsecured debt will revert to a two-part test that limits eligibility to a maximum of $465,275 for unsecured debt and $1,395,625 for secured debt. If you have a case that won’t meet the eligibility requirements after June 21, 2024, you may want to make sure you get proper counseling from a competent bankruptcy attorney prior to the sunset date.

Thursday, April 25, 2024

Scam Call re: Spectrum Billing

 Received a call on voicemail today.

"Dear customer, this voicemail is to inform you that Spectrum is removing the 40% discount offer on your monthly bill. To reactivate is this offer right now please call back the number displayed on the caller ID. Thank you."

Really?   I don't have a Spectrum account.  In fact, it is not even available where I live.

The number did not display on my caller ID, as it was overwritten with "Potential Scam".

So, if you receive an unsolicited call, be cautious.

Wednesday, April 24, 2024

Delinquency Rate For Auto Loans On Rise For 2023-Q4

https://images.pexels.com/photos/210019/pexels-photo-210019.jpeg?auto=compress&cs=tinysrgb&w=1260&h=750&dpr=2 

Wallethub.com is reporting the delinquency rate on automobile loans is up in the 4th quarter of 2023, as compared to the 3rd quarter of 2023. This applies to all 50 states. In Florida, where I practice, the state ranks 31st, with the delinquency rising from 7.88% in Q3 to 12.36% in Q4. Mississippi had the highest Q4 delinquency rate at 23.49%, with Iowa having the lowest at 8.77%, while the largest Q3 to Q4 increase goes to the state of Washington, where they saw a 12.89% increase. For more specific information on each state, see Wallethub.com's website.

Specific to Florida, generally, if your vehicle is repossessed because you are behind on payments, ownership of the vehicle passes to the lien holder, and while bankruptcy may be able to help you regarding the debt owed to the lien holder, it will probably not allow you get your vehicle returned to you. In many other jurisdictions, there may be avenues through the filing of a Chapter 13 bankruptcy that will allow you to get your vehicle back.

There may still be avenues available in Florida to getting your vehicle back through negotiations with the creditor. If you find yourself in this predicament, or are behind on vehicle payments, I highly suggest being proactive and seek the advise of a competent bankruptcy attorney in your area.

 

Monday, January 22, 2024

Latest Scam - Smishing

 So, the latest scam craze seems to be smishing.  Sounds like a new teenage dance, doesn't it?  However, it is anything but an innocent dance floor move.  The term is a scam, and its name is derived from "SMS" and "phishing".  Yes, the scam uses text messaging to your cell phone to get information, and will appear to be from a legitimate source.  To read more about this latest trend, see https://www.yahoo.com/lifestyle/thats-immediate-red-flag-being-044602921.html

Monday, January 1, 2024

Commonwealth Financial Systems Ordered To Shut Down

 

The Consumer Financial Protection Bureau (CFPB) has ordered medical debt collection agency Commonwealth Financial Systems to cease operations and pay a $95,000 fine for illegally trying to collect unverified medical debts.

The CFPB said that Commonwealth, which specializes in collecting past-due medical debts and informs consumer reporting companies about consumer collection accounts, violated the law in several ways, These include a failure to conduct reasonable investigations after consumers disputed debts, a failure to inform consumer reporting agencies about disputes, and continuing to attempt to collect disputed debts without documentation proving the debts.

Tuesday, July 11, 2023

Discharge of Student Loan New Guidelines

 

The Department of Justice, in close coordination with the Department of Education, announced a new process for handling cases in which individuals seek to discharge their federal student loans in bankruptcy. The new process will help ensure consistent treatment of the discharge of federal student loans, reduce the burden on borrowers of pursuing such proceedings and make it easier to identify cases where discharge is appropriate. The Associate Attorney General outlined the new process to all U.S. Attorneys.

See https://www.justice.gov/

If you have student loans, I suggest you speak with a competent bankruptcy attorney in your area regarding having it discharged in bankruptcy, or entering into an income based repayment program whereby the balance after 20 years will be forgiven.

The above information is based on a press release from the US Department of Justice dated November 17, 2022.