Timothy S. Kingcade

Attorney Profile

Top Rated Bankruptcy Attorney in Miami, FL

Kingcade Garcia McMaken
 | 1370 Coral Way, Miami, FL 33145
Phone: 305-285-9100
Fax: 305-285-9542
Selected To Super Lawyers: 2014 - 2020
Licensed Since: 1996
Practice Areas:
  • Bankruptcy: Consumer
Languages Spoken:
  • English,
  • Spanish
    Attorney Profile

    Attorney Timothy S. Kingcade is the founder and managing shareholder of Kingcade Garcia McMaken law firm in Miami, Florida. Nationally recognized as among the preeminent lawyers in the country, Mr. Kingcade has more than 24 years of total legal experience, and he focuses his practice almost exclusively on bankruptcy law.

    Mr. Kingcade established his practice in 1996 with a mission to deliver the highest possible level of advocacy and support to those seeking relief from their overwhelming debt. Each year, he handles over 1,000 bankruptcy filings, and he also represents clients across South Florida with foreclosure defense as well as select personal injury and PIP claims. In addition to being a highly rated attorney, he is also a certified public accountant, which only bolsters his ability to assist his clients with their complex financial matters.

    Honored for his outstanding professionalism and service, Mr. Kingcade has earned an AV-Preeminent peer review rating* from Martindale-Hubbell along with the organization's Client Distinction Award, and he has received the South Florida Movers & Shakers Award from Business Leader Magazine in 2011 and the 2015 Florida Excellence Award in Legal Services from USCTRI. Moreover, he has received Superb client ratings on Avvo as well as the site's Clients' Choice Award, and he has placed fourth in the nation for the number of Chapter 7 bankruptcy filings he has handled.

    A 1986 cum laude graduate of the University of South Florida, Mr. Kingcade obtained his Juris Doctor cum laude from Stetson University College of Law in 1991, where he served as editorial board member of the Stetson Law Review. He is admitted to practice before all U.S. District Courts in Florida as well as before the U.S. Court of Appeals for the 11th and Federal Circuits, the U.S. Court of Federal Claims and the U.S. Tax Court.

    A leader in his field, Mr. Kingcade has numerous publications to his credit, and he has conducted many lectures and continuing legal education seminars across his region on a variety of legal topics related to bankruptcy law, foreclosure defense, unfair debt collection practices and other subjects.

    *AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.

     
    Practice Areas
    • 100%Bankruptcy: Consumer
    Focus Areas

    Bankruptcy Law

    Selections

    Selected to Super Lawyers for 7 yearsbottom-image

    Super Lawyers: 2014 - 2020

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    About Timothy Kingcade

    Admitted: 1996, Florida

    Professional Webpage: https://www.miamibankruptcy.com/Attorneys-Staff/Timothy-S-Ki...

    Honors/Awards:

    Special Licenses/Certifications:

    • Certified Public Accountant, State of Florida, 1991

    Bar/Professional Activity:

    • U.S. Tax Court, 1996
    • The Florida Bar, 1996
    • U.S. District Court Northern District of Florida, 1996
    • U.S. Court of Federal Claims, 1996
    • U.S. District Court Middle District of Florida, 1996
    • U.S. Court of Appeals Federal Circuit, 1996
    • U.S. District Court Southern District of Florida, 1996
    • U.S. Court of Appeals 11th Circuit, 1996

    Pro bono/Community Service:

    • IRS Volunteer Income Tax Assistance Program (VITA)

    Scholarly Lectures/Writings:

    • Editorial Board Member, Stetson Law Review, Stetson University College of Law, Gulfport, Florida, 1989 - 1991
    • South Florida Bankruptcies up 40% in 2010, Sun-Sentinel, 2011
    • South Florida Bankruptcy Filings Fall 19%, Sun-Sentinel, 2010
    • Developer Meruelo Sues Ocean Bank over No Construction Loan, South Florida Business Journal, 2010
    • Lawyers create magazines, books to build credibility, gain clients, Sun-Sentinel, South Florida Business Journal   South Florida Business Journal, 2010 - 2011
    • Ex-CEO of Lehman Bros. deeds house to wife, Star Tribune, 2009
    • After Bailout, Lavish Spending Lives On CBS News, 2009
    • Disgraced Lehman's boss 'sold' $13m Florida mansion to wife for $100 just two months after bank collapsed with $613bn debts Daily Mail World News, 2009
    • If government gets way, Ruth Madoff gets nothing The Meridian Star, 2009
    • Seniors coming out of retirement to make ends meet, TC Palm, 2009
    • Sinking home prices, lost jobs fuel rising bankruptcy rate in Florida, Miami Herald, 2009
    • More Senior Citizens Forced to Declare Bankruptcy, TruthOut, 2009
    • Trust Fund Recovery Penalty: Personal Liability for an Employer's Failure to Pay Employees' Withholding to the IRS Florida Bar Journal, 1996
    • Extreme Home Takeover, Miami Herald, 2013
    • New bankruptcy cases plunge 19% from year ago in S. Florida, Sun-Sentinel, 2013
    • Rapper Takes Naive Chick for Bankruptcy Ride!, Miami Herald, 2013
    • More South Floridians file for bankruptcy, Sun-Sentinel, 2012
    • Bankruptcies Fall Last Month after Jumping in October, Sun-Sentinel, 2012
    • Settlement with Bankrupt Tenant Spares Landlord Jail Time, DBR, 2012
    • Bankruptcies fall 21 percent in August, Sun-Sentinel, 2011
    • Florida hasn’t cracked down on rogue debt collectors, Orlando Sentinel, 2011
    • Attorney Timothy Kingcade presented Session 1- CLE Seminar from 8:30 am-10:30 am. on the topic of Chapter 7 Bankruptcy on November 17, 2011 at the Westin Colonnade in Coral Gables, FL., CLE Speaker, Law Review CLE Presentation on Chapter 7 Bankruptcy, Law Review CLE, 2011
    • "Underwater on your Mortgage? You have Options" by Timothy S. Kingcade, September 11, 2011
    • "Drowning in Student Loan Debt? There is an option, but only if you qualify" by Timothy S. Kingcade, September 11, 2011.
    • Restart, Rebuilt and Recover: Filing Bankruptcy in Florida, Attorney Timothy S. Kingcade, 2018
    • Review Course for Paralegals, Certified Paralegal Designation, 2011 - Present
    • Sign of better times: Bankruptcy filings plunge in Broward, Sun-Sentinel, 2013
    • Seminar On Foreclosure And Bankruptcy The Dade County Bar Association, 2009-present
    • Consumer Bankruptcy, Bankruptcy CLE Seminar, 2011 - Present
    •  “Tips for Filing Bankruptcy” by Timothy S. Kingcade, April 20, 2010
    • South Florida Bankruptcy Filings Fall Again, Sun-Sentinel, 2012
    • Sun-Sentinel Editor Howard Saltz Bailed on Millions in Debt, Miami New Times, 2012
    • Bankruptcy Filings Fell in 2011, Sun-Sentinel, 2012

    Verdicts/Settlements:

    • In re Juliet Bright, Debtor, 03-23032- BKC-RBR, United States Bankruptcy Court, S.D. Florida, 2005
    • In re: Yelitza Ortiz, Debtor, 06-16243-BKC-RBR, United States Bankruptcy Court, S.D. Florida, Broward Division, 2006
    • In re Sernaque, Debtor. 311 B.R. 632 Case Conclusion Date: June 14, 2004 Practice Area: Chapter 7 Outcome: CitiFinancial’s Motion for Summary Judgment will be denied and the Court will set a further hearing to determine the scope of proceedings necessary to determine the sufficiency of service and notice. Description: Chapter 13 debtor moved to strip off junior homestead mortgage based on zero valuation placed on mortgagee’s secured claim in debtor’s confirmed plan, and mortgagee moved for relief from order confirming plan
    • Monzon, 214 B.R. 38 Practice Area: Chapter 7 Outcome: The TBE Property is not exempt under Statute 522(b)(2)(B) of the Bankruptcy Code to the extent of the joint secured debt and the $378.00 joint unsecured Burdines debt. Description: Chapter 7 trustee filed renewed objections to claimed exemption in property held by debtor and his non-debtor spouse as tenants by the entirety. The Bankruptcy Court, Robert A. Mark, J., held that: (1) trustee could not seek to administer entireties property if only joint debt of debtor and non-debtor or spouse was secured debt against the property; (2) joint debt did not have to be reduced to judgment to subject entireties property to administration by trustee; (3) while trustee could administer entireties property to extent of debtor’s and non-debtor spouse’s joint debt, any excess proceeds from property’s liquidation remained exempt; and (4) once nonexempt entireties property was liquidated, proceeds were available only to joint creditors and debtor and non-debtor spouse, and were not shared pro rata with debtor’s individual creditors
    • In re: Jaime Ensenat and Natalia Ensenat, Debtors, 06-15979 BKCLMI, United States Bankruptcy Court, S.D. Florida, 2006
    • In re Sybil Todd, Debtor. Marika Tolz, Chapter 7 Trustee. Plaintiff v. Vincent Miller, Defendant, 06-16898-BKC-JKO. Adversary No. 07-01149-JKO-A., United States Bankruptcy Court, S.D. Florida, Fort Lauderdale Division 
    • In re Baez, 244 B.R. 480 Case Conclusion Date: January 20, 2000 Practice Area: Bankruptcy Outcome: The Court finds, as a matter of law, in a Chapter 13 case, the Debtors are permitted to "strip off" a completely unsecured mortgage encumbering their principal residence. Description: The Debtors owned homestead real estate worth $48,680.00. The Property was encumbered by three mortgages. The first mortgage had a balance of $60,300. A second mortgage was approximately $20,733.80 and is completely unsecured. The third mortgage has a balance of approximately $21,841.42 and likewise completely unsecured according to the Debtors. Since the value of the Property secures only the first mortgage, the Debtors sought to "strip off" the second and third mortgage
    • 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 family's 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.
    • In re Stacey Benedetti, Debtor, 06-13003-BKC-AJC, United States Bankruptcy Court, S.D. Florida, Miami Division, 2007
    • In re Jean, 306 B.R. 708 Case Conclusion Date: February 20, 2014 Practice Area: Bankruptcy Outcome: The prior Confirmation Order stripping off MERS mortgage is not entitled to res judicata effect in this case. Debtor’s Objection to MERS’ Proof of Claim is overruled, and MERS’ Objection to Confirmation is sustained. Description: Chapter 13 debtor objected to proof of secured claim filed by junior mortgagee (MERS’: Mortgage Electronic Registration Systems, Inc.), on ground that lien securing mortgagee’s claim had been stripped off by order confirming plan proposed by debtor in previous Chapter 13 case, and mortgagee objected to confirmation of plan proposed by debtor to current case

    Other Outstanding Achievements:

    Videos:

    • Learn about the Kingcade & Garcia Corporate Culture of Care. Experience Matters!, Kingcade & Garcia Office Overview, 2014
    • Learn about the FDCPA and how hiring an attorney to help you file for bankruptcy can alleviate creditor harassment and wage garnishment, Fair Debt Collections Practices Act (FDCPA), 2014
    • Learn about Chapter 7 Bankruptcy and the Means Test, which is now required under the new law to file Ch. 7 Bankruptcy, Chapter 7 bankruptcy, 2014
    • Put an end to the harassing phone calls and collection attempts, keep your home, your car- and even get credit after filing bankruptcy, Bankruptcy Common Questions, 2014

    Newsletters:

    Educational Background:

    • University of South Florida, Tampa, Florida, B.A., Cum Laude, Major: Accounting and Finance, 1986
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    Office Location for Timothy S. Kingcade

    1370 Coral Way
    Miami, FL 33145

    Phone: 305-285-9100

    Fax: 305-285-9542

    Timothy S. Kingcade:

    Last Updated: 7/7/2020

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