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
Selected to Super Lawyers: 2014 - 2018
Licensed Since: 1996
Practice Areas:
  • Bankruptcy: Consumer
Languages Spoken:
  • English,
  • Spanish
Attorney Profile

Timothy S. Kingcade, founder and managing shareholder of Kingcade Garcia McMaken, focuses his practice almost exclusively on consumer bankruptcy matters. From the firm's offices in Miami, Florida, he represents people throughout the southern part of the state who are facing what they believe to be insurmountable financial challenges and seeking debt relief and a fresh financial start. Mr. Kingcade helps his clients prepare and file petitions with the bankruptcy court, and in the case of Chapter 13, he assists with the drafting of proposed repayment plans and submits them to the court for approval.

In addition to his consumer bankruptcy practice, Mr. Kingcade represents homeowners who are facing foreclosure and trying to save their properties. He also has experience in motor vehicle accident litigation, including personal injury protection claims under Florida's no-fault car insurance legislation. Highly respected by his fellow professionals for his successful track record in these endeavors as well as for his high degree of ethics, Mr. Kingcade has received an AV Preeminent* peer review rating through Martindale-Hubbell and a 10.0 "Superb" peer review rating through Avvo.

Mr. Kingcade has written extensively on topics related to bankruptcy for area publications, and he is the author of legal guides covering bankruptcy filing tips, student loan debt and mortgage deficiencies. Admitted to practice in Florida, he is also admitted to practice before the U.S. District Courts for the Northern, Middle and Southern Districts of Florida, the U.S. Bankruptcy Court for the Southern District of Florida, the U.S. Courts of Appeals for the 11th and Federal Circuits, the U.S. Court of Federal Claims, and the U.S. Tax Court. He was awarded his law degree cum laude from Stetson University College of Law in 1991.

*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 Ratings™ fall into two categories – legal ability and general ethical standards.

We are a debt relief agency. We help people file for bankruptcy relief under the U.S. Bankruptcy Code.

 
Practice Areas
Lawyer Practice Area Pie Chart

Bankruptcy (100%): Bankruptcy Law

Focus Areas

Bankruptcy Law

Selections

Selected to Super Lawyers for 5 yearsbottom-image

Super Lawyers: 2014 - 2018

Email Me

To: Timothy S. Kingcade
Super Lawyers: Potential Client Inquiry

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

Pro bono/Community Service:

  • IRS Volunteer Income Tax Assistance Program (VITA)

Scholarly Lectures/Writings:

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

Verdicts/Settlements:

  • 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 Stacey Benedetti, Debtor, 06-13003-BKC-AJC, United States Bankruptcy Court, S.D. Florida, Miami Division, 2007
  • In re: Yelitza Ortiz, Debtor, 06-16243-BKC-RBR, United States Bankruptcy Court, S.D. Florida, Broward Division, 2006
  • In re: Jaime Ensenat and Natalia Ensenat, Debtors, 06-15979 BKCLMI, United States Bankruptcy Court, S.D. Florida, 2006
  • In re Juliet Bright, Debtor, 03-23032- BKC-RBR, United States Bankruptcy Court, S.D. Florida, 2005
  • In re Jean, 306 B.R. 708 Case Conclusion Date: February 20, 2004 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
  • 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 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.

Other Outstanding Achievements:

Videos:

Newsletters:

Educational Background:

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

1370 Coral Way
Miami, FL 33145

Phone: 305-285-9100

 

Timothy S. Kingcade:

Last Updated: 10/24/2018

Page Generated: 1.0523841381073 sec