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 - 2021
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 8 yearsbottom-image

    Super Lawyers: 2014 - 2021

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    Disclaimer:

    The information contained in this web site is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship. The use of the internet or this contact form for communication is not necessarily a secure environment. Contacting a lawyer or law firm email through this service will not create an attorney-client relationship, and information will not necessarily be treated as privileged or confidential.

    About Timothy Kingcade

    Admitted: 1996, Florida

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

    Honors/Awards:

    • “4th in Nation for the Number of Ch. 7 Cases Filed in 2010 in the Southern District of Florida” by 722 Quarterly
    • MIAMI - Managing Shareholder, Timothy S. Kingcade of the Miami-based bankruptcy and foreclosure defense law firm of Kingcade Garcia McMaken has been rated as one of the Top 3 bankruptcy lawyers in Miami, FL. "It is an honor to have received this award," said Timothy S. Kingcade. "It is a testament to the commitment my firm and I make every day to each and every one of our clients."Three Best Rated® was created with a simple goal of finding the top 3 local businesses, professionals, restaurants and health care providers in each city. The selection process involves a 50-Point Inspection and includes everything from evaluating the attorney's reputation and history, complaints, ratings, satisfaction, trust and cost to the general standard of excellence., Top Three Bankruptcy Lawyers in Miami, Three Best Rated , 2019
    • MIAMI - (January 31, 2019) Managing Shareholder, Timothy S. Kingcade of the Miami-based bankruptcy law firm of Kingcade Garcia McMaken has received the 2019 AVVO Clients' Choice Award. In order to obtain this honor, an attorney must have received five or more exceptional client reviews for the same year. One of attorney Kingcade's clients had this to say on AVVO: "Going to Kingcade Garcia McMaken and enlisting the bankruptcy services of Mr. Timothy Kingcade was the best thing that happened to us. They are very professional and helped us to go thru all the process. Our 3 credit scores after 6 months are unbelievable over 700!!! Thank you, Mr. Kingcade and everyone who helped us in your office." Click here to read all of Miami Bankruptcy Attorney Timothy Kingcade's client reviews on AVVO. Timothy has also earned a "Superb" 10.0 AVVO rating in the area of bankruptcy law, the highest rating an attorney can receive. The rating is calculated using a mathematical model, which takes into consideration the years an attorney has practiced law, their professional achievements, discipline history and industry recognitions. The rating is completely objective and unbiased. Attorneys cannot pay or petition the site to have their rating changed, which makes AVVO one of the most respected lawyer rating services in the country and an invaluable legal resource for consumers. Attorney Timothy S. Kingcade is dedicated to helping people from all walks of life take advantage of their rights under bankruptcy protection to restart, rebuild and recover. Timothy is a certified public accountant (CPA), which allows him to better understand tax-motivated bankruptcy cases against the IRS. Timothy's vast experience and expertise in the area of bankruptcy law allow him to know what bankruptcy trustees in the Southern District of Florida are looking for, preventing his clients from some of the pitfalls that can lead to the dismissal of a bankruptcy claim., AVVO Clients Choice Award, AVVO, 2019
    • MIAMI - (January 16, 2019) Managing Shareholder, Timothy S. Kingcade of the Miami-based bankruptcy law firm of Kingcade Garcia McMaken has received the 2020 AVVO Clients' Choice Award. To obtain this award, an attorney must receive five or more exceptional client reviews in the same year. This is the sixth consecutive year Kingcade has been honored with this award. One of attorney Kingcade's clients had this to say on AVVO: Mr. Timothy Kingcade is not only a living encyclopedia in matters of bankruptcy law, but he cares for you on a personal level. He was very detailed in explaining every step of the way what I had to expect as we entered this legal process and made me feel like family, and the rest of the team were always there to support me whenever I needed help. I definitely recommend his law firm; believe me they are the best!!!Click here to read all of Miami Bankruptcy Attorney Timothy Kingcade's client reviews on AVVO. Timothy has also earned a "Superb" 10.0 AVVO rating in the area of bankruptcy law, the highest rating an attorney can receive. The rating is calculated using a mathematical model, which takes into consideration the years an attorney has practiced law, their professional achievements, discipline history and industry recognitions. The rating is completely objective and unbiased. Attorneys cannot pay or petition the site to have their rating changed, which makes AVVO one of the most respected lawyer rating services in the country and an invaluable legal resource for consumers., AVVO Clients Choice Award , AVVO, 2020
    • Martindale-Hubbell AV Preeminent Rating, Lexis Nexis Martindale-Hubbell, 2012
    • Florida Super Lawyer, 2014 - Present
    • Recognizes the top 1% of attorneys nationwide. https://www.lawyers.com/miami/florida/timothy-s-kingcade-805783-a/, Client Champion Platinum Award, Martindale-Hubbell, 2018
    • https://www.miamibankruptcy.com/News-Resources/News/Miami-Bankruptcy-Attorney-Timothy-S-Kingcade-Receives-the-Prestigious-AVVO-Clients-Choice-Award-2018.shtml, Clients' Choice Award - Consumer Bankruptcy, AVVO, 2018
    • AVVO Client’s Choice Award, 2014 - Present
    • South Florida Movers & Shakers Award, 2011 - Present
    • Florida Excellence Award - Legal Services, USCTRI, 2015
    • The AV rating designates the highest level of professional excellence and ethical standards an attorney can receive.  An elite group of approximately 10 percent of all attorneys holds an AV Preeminent Rating, a legal designation that is trusted worldwide. https://www.lawyers.com/miami/florida/timothy-s-kingcade-805783-a/, AV Preeminent Rating, Martindale-Hubbell, 2018
    • https://threebestrated.com/bankruptcy-lawyers-in-miami-fl, Top 3 Bankruptcy Lawyers in Miami, Three Best Rated, 2018
    • Up-and-coming industry leader who has demonstrated a powerful impact on his organization and the community., Movers & Shakers, Business Leader Magazine , 2011
    • Martindale-Hubbell Client Distinction Award, 2013 - Present
    • Top Bankruptcy Attorney 10.0 Superb Rating, AVVO, 2015
    • Legal Elite - Consumer Bankruptcy, Florida Trend , 2017

    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:

    • Miami bankruptcy attorney Timothy S. Kingcade Obtains Successful Order for Chapter 7 Bankruptcy ClientMIAMI – (July 25, 2018)Bankruptcy Attorney Timothy S. Kingcade, founding partner of Miami-based Kingcade Garcia McMakensuccessfully obtained an Order for his client in a Chapter 7 case (In re: Mirta M. Ramos Case No. 16-27127-BKC-RBR) determining Objection to Discharge. Florida Bankruptcy Judge, Raymond B. Ray signed an order in our client’s favor on July 24, 2018. "We are extremely pleased with this win for our client. The Court found that the amount of litigation demonstrated the plaintiff’s personal animosity towards our client, especially after he went as far as to request our client’s bankruptcy discharge be revoked," Kingcade said. The matter came before the court for trial on April 20, 2018, upon the Plaintiff’s (Anderson Triggs) Complaint seeking revocation of the Defendant’s bankruptcy discharge. The Plaintiff and Defendant are the parents of a minor child with autism and have multiple other pending family law cases with the Court. In addition, the Plaintiff filed a lawsuit against our client in the State Court alleging civil conspiracy, defamation (libel and slander), tortious interference with a business relationship, intentional infliction of emotional distress and invasion of privacy. The Defendant was the sole witness at trial and a first-time bankruptcy filer. The Court found that she provided credible testimony with honest answers and displayed no intention to deceive the Court. In the end, the Court found in favor of our client and the Plaintiff’s attempts to have her bankruptcy discharge revoked were denied., 2018
    • Miami-based Catholic School Ordered to Release Student TranscriptsMIAMI - On December 21, 2016, Miami bankruptcy attorney Timothy S. Kingcade of Kingcade Garcia McMaken ( www.miamibankruptcy.com) obtained an Order from the Bankruptcy Court compelling Belen Jesuit Preparatory School, a Miami-based Catholic school, to release educational transcripts in compliance with the automatic stay and to pay his clients' legal fees. Mr. Kingcade filed an emergency motion arguing the school willfully and intentionally violated the automatic stay by refusing to release the transcripts. "Bankruptcy has its origins in the Old Testament and while the school may ignore the edicts of its own teachings, it may not ignore the bankruptcy law inspired by those philosophies," said Kingcade. "The school evidenced no intention to abide by the automatic stay and as a result, my clients have been forced to seek relief from the court," he continued. Mr. Kingcade's clients filed for Chapter 7 bankruptcy relief on December 12, 2016. On December 13, 2016, a notice of the filing and a request for the release of transcripts for their two children was sent to Belen Jesuit Preparatory School. The school had actual knowledge of their bankruptcy filing and refused to release the requested transcripts. The older of his clients' children is in the process of applying for college and the withholding of the transcripts could result in his college application being deemed incomplete for consideration. The school hired counsel and sought to mitigate the exposure for the school's violation of the federal bankruptcy laws. Mr. Kingcade ultimately persuaded the school to release the transcript. The parties agreed to an order granting the emergency motion. The order requires Belen Jesuit Preparatory School to immediately release transcripts and / or final grade reports for the two children and for it to continue to cooperate with his clients and release future transcripts upon request. The school is also required to pay Mr. Kingcade's legal fees.  , 2016
    • Landlord Held in Contempt of Court for Willful Violation of the Bankruptcy Automatic StayMiami bankruptcy attorney Timothy S. Kingcade's Motion Granted, Creditor Required to Cease and Desist all Eviction Proceedings and Pay Attorney's FeesMIAMI - (April 30, 2018) Bankruptcy Attorney Timothy S. Kingcade, founding partner of Miami-based Kingcade Garcia McMaken successfully obtained an Order for his client in a Chapter 7 case, granting Emergency Relief Requested. Florida Bankruptcy Judge, A. Jay Cristol signed an order holding the landlord / creditor, Jonathan Smith and Delores Smith in Contempt of Court for Intentional Violation of the Automatic Stay (In re Montalvo Case No. 18-11489-AJC). Creditor, Jonathan Smith and Delores Smith are directed to immediately cease and desist all eviction proceedings and pay Kingcade Garcia McMaken $2,250.00 in attorney's fees for having to bring forth the motion to enforce the automatic stay and protect its client. "We are extremely pleased with this victory for our client today. The landlord in this case completely disregarded the automatic stay put in place that protects bankruptcy clients from harassment and repossession of property. Despite having actual knowledge of the bankruptcy and automatic stay protections, this landlord continued to harass and threaten my client, causing them unnecessary distress, even going so far as to serving them with an eviction lawsuit during the case," Kingcade said. The Order directs creditor, Jonathan Smith and Delores Smith, jointly and severally, to pay attorney's fees to Kingcade Garcia McMaken for having to bring forth this action and to cease and desist all eviction proceedings until further order of court., 2018
    • In re Juliet Bright, Debtor, 03-23032- BKC-RBR, United States Bankruptcy Court, S.D. Florida, 2005
    • Bankruptcy Attorney Timothy S. Kingcade Obtains Successful Order Requiring Miami Regional University to Release Client’s Diploma and Transcripts MIAMI - (August 27, 2018) Bankruptcy Attorney Timothy S. Kingcade, founding partner of Miami-based Kingcade Garcia McMaken_ successfully obtained an Order for his client in a Chapter 7 case (In re: Adriana Gonzalez Case No. 18-15980-RAM), requiring Miami Regional University to immediately release client's education transcripts and diploma, and make no further attempts to collect on the discharged debt, in compliance with the bankruptcy automatic stay. "Justice was served today for our client, who prior to this Order was being denied the basic protections of the bankruptcy automatic stay. The creditor in this case (Management Resources Institute, which operates a for-profit school, Miami Regional University) has willfully and intentionally violated the automatic stay by refusing to release our client's diploma and transcripts. After the bankruptcy case is over, our client will need certified copies of her transcripts, which would have been continually denied by the creditor in this case," Kingcade said. Our client filed for Chapter 7 bankruptcy on May 18, 2018. The problems as described in the motion started on June 6, 2018 and have continued through the date of the amended motion. The creditor, Management Resources, Inc. d/b/a Management Resources Institute, which operates a for-profit school known as Miami Regional University was listed on the bankruptcy petition. The creditor in this case was verbally advised of our client's status in bankruptcy and the pending automatic stay. Our client returned at least twice to the school seeking her transcripts and diploma. Henry Babani, Vice President of Corporate Finance for the Creditor in the case confirmed to our client that the underlying debt would be discharged in the bankruptcy, but unless she paid what was due, the Creditor would not release her diploma or her transcripts. The stay violation has continued since our client's first visit and since the filing of this motion. Even though the Creditor operates a nursing school (Miami Regional University) where this situation is likely to recur, the Creditor's position is the automatic stay and/or a discharge in bankruptcy is irrelevant to our client's right to receive a current copy of her transcript, her diploma or future certified copies of her transcripts. Our client who is currently applying for jobs, which require these documents for employment, is in jeopardy of losing job opportunities because of the Creditor's willful violation. Given the continuing nature of the stay violation and Creditor's untenable position regarding our ability to receive her transcripts and diploma (and the future right to receive certified copies of her transcripts) an award of punitive damages is warranted against Creditor as a coercive sanction to compel Creditor's future compliance with this court's automatic stay and/or discharge injunction. This is not the first time our firm has obtained justice for a client in a similar circumstance, where a school willfully and intentionally violated the automatic stay by refusing to release student transcripts_. On December 21, 2016, a successful Order was obtained requiring Belen Jesuit Preparatory School, a Miami-based Catholic school, to release education transcripts in compliance with the bankruptcy automatic stay and to pay our clients' legal fees., 2018
    • Miami Bankruptcy Attorney Timothy S. Kingcade Obtains Order Allowing Protections for Chapter 13 Bankruptcy ClientMIAMI - (February 3, 2020 ) Bankruptcy Attorney Timothy S. Kingcade of the Miami-based bankruptcy and foreclosure defense law firm of Kingcade Garcia McMaken obtained an Order for his client in a Chapter 13 case (Case No. 20-10135-RAM), limiting the scope of permissible relief in a pending criminal contempt case. The Motion for Contempt seeks relief against Jeffrey Charlow and counsel, for proceeding with a criminal case pending against Kingcade's client in Broward County, Florida. The Criminal Contempt Case was initiated by an order entered by Judge Robert W. Lee in a civil case also pending against the client. The court determined continuation of the Criminal Contempt case was not a violation of the automatic stay, but imposed two important limitations protecting our client: Judge Lee may not sentence our client to jail with an Order that expels the sentence if a fine is paid and payment will necessarily come from the property of the estate. The fine can be paid through the Chapter 13 bankruptcy plan rather than a fine immediately payable as a condition to remain out of jail. Judge Lee cannot threaten our client with jail time unless the client produces documents or appears for deposition because any inquiry into his financial situation must now be done through the bankruptcy case. The Order was signed by Judge Robert A. Mark in the Southern District of Florida on January 28, 2020. Attorney Kingcade practices exclusively in the field of bankruptcy law, handling Chapter 7 and Chapter 13 filings for the Southern District of Florida. As an experienced CPA and proven bankruptcy attorney, Timothy Kingcade knows how to help clients take full advantage of their rights under the bankruptcy laws to restart, rebuild and recover., 2020
    • 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: 3/31/2021

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