December 2014 - FREE CONSULTATION

Bankruptcy Law, Foreclosures, Timothy Kingcade Posts

A Win for Consumers! Elderly Couple Wins $1 Million in BOA Lawsuit over Harassing Debt Collection Calls

Posted on December 18, 2014by Admin

Nelson and Joyce Coniglio were called repeatedly and endured years of harassment after they fell behind on their mortgage payments in 2009. According to court documents, for more than four years the couple received approximately 700 collection calls from Bank of America’s automated robo calling system.

The automated system also dialed each number that the couple had available- home phone and cell phones, leaving messages on each one. The collection calls would come at all times of the day and night, leaving the 69-year-old couple completely overwhelmed and feeling helpless.

When Bank of America was not bombarding the couple with relentless and harassing phone calls, they were mailing them letters threatening foreclosure. The Coniglios say they even sent letters to the bank asking them to cease all phone calls, but the calls continued.

Fed up, the couple decided to take action, using the Fair Debt Collection Practices Act and the Telephone Consumer Protection Act, which outlines the manner in which these collection companies, agencies, and banks collect on money owed to them.

The judge awarded the elderly couple exactly $1,051,000 in monies due, including court costs and other attorney fees related to the suit.

Click here to read more on this story.

If you are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Bankruptcy Law, Timothy Kingcade Posts

Miami Bankruptcy Attorney Timothy S. Kingcade Receives “Superb” 10.0 AVVO Rating

Posted on December 16, 2014by Admin

Managing Shareholder, Timothy S. Kingcade of the Miami-based law firm of Kingcade & Garcia, P.A. has received the “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 country and an invaluable legal resource for consumers.

In addition to earning the “Superb” 10.0 rating, Timothy was awarded the 2014 Clients’ Choice Award. To receive this honor, an attorney must have received five or more exceptional client reviews within the last year.

Attorney Kingcade practices in the field of bankruptcy law, handling Chapter 7 filings and foreclosure defense cases 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 bankruptcy protection to restart, rebuild and recover.

AVVO was founded to empower consumers to make smarter, more confident legal decisions. It is a free legal directory that gives consumers access to first-rate, personal legal advice from the best lawyers in the country.

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Miami-based Kingcade & Garcia, P.A. (www.miamibankruptcy.com) was established by managing partner and attorney, Timothy S. Kingcade in 1996. The firm represents clients throughout the State of Florida in Chapter 7 bankruptcy, foreclosure defense and personal injury claims. The firm is committed to providing personalized service to each and every client. The office environment and the service provided are centered on a culture of superior client care. Additionally, all attorneys and staff members at the firm are bilingual speaking Spanish.

Foreclosures, Timothy Kingcade Posts

Music Producer Jermaine Dupri Facing Foreclosure

Posted on December 12, 2014by Admin

Jermaine Dupri who has produced hits for artists including Usher and Mariah Carey is reportedly losing his multimillion dollar Atlanta mansion. Foreclosure documents reveal the songwriter / rapper failed to make monthly payments on the 19-room, 9,441-square-foot home. He reportedly owes $2.5 million.

Public records show the property is valued at nearly $3.7 million. This is not the first time the music producer has faced financial troubles. His mansion was up for foreclosure and set to be auctioned in 2011 and 2012. Both of those sales were canceled. Dupri has lived in the home for 10 years.

Click here to read more on this story.

Choosing the right attorney can make the difference between whether or not you can keep your home. A well-qualified Miami foreclosure defense attorney will not only help you keep your home, but they will be able to negotiate a loan that has payments you can afford. Miami foreclosure defense attorney Timothy Kingcade has helped many facing foreclosure alleviate their stress by letting them stay in their homes for at least another year, allowing them to re-organize their lives. If you have any questions on the topic of foreclosure please feel free to contact me at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Foreclosures, Timothy Kingcade Posts

Foreclosure Evictions on Hold for the Holidays

Posted on December 10, 2014by Admin

Homeowners in danger of losing their homes are getting an early Christmas present this year from Fannie Mae and Freddie Mac. The two mortgage giants are putting a temporary hold on all foreclosure-related evictions between December 17 and January 2, 2015.

While evictions will come to halt during this period, all legal and administrative proceedings will continue, including filing notices of default and scheduling auction sales. If a foreclosure sale is completed during this time, families will not be forced to leave their homes until after January 2, 2015.

JPMorgan Chase said it will also hold off on evictions until after the holidays. In the past, Citibank, Wells Fargo, Bank of America and other big mortgage lenders have also followed suit. These banks have yet to announce anything for this year.

Click here to read more on this story.

http://money.cnn.com/2014/12/09/real_estate/christmas-eviction-moratorium/

Bankruptcy Law, Credit, Timothy Kingcade Posts

5 Steps to Take after Bankruptcy

Posted on December 8, 2014by Admin

Once your case is finalized and you receive your bankruptcy discharge, there are some important steps you should take to help ensure a secure financial future.

1.) Collect and preserve all paperwork from your case. You should have received a full copy of your petition from your attorney, approximately 40-50 pages of detailed financial information, including the facts about debts and assets involved in your case. You should have received a notice of bankruptcy filing directly from the court along with a copy of your discharge order entered by the bankruptcy judge. This is important to have because lenders typically like to see a copy of the bankruptcy papers when considering you for new credit- particularly mortgage lenders. It is also important to have in case anyone attempts to collect on an old debt in the future.

2.) Check / Monitor your credit report for errors. You can access your credit reports from the three major credit reporting agencies for free. Wait three to six months after you receive your bankruptcy discharge to do this. You want to make sure that all of your discharged debt is being reported to the credit bureaus, so you are not shown to have outstanding debt. This is especially important if you are applying for new credit.

3.) Start a budget. Create a basic budget to better understand your income and expenses. You may remember the Means Test from the bankruptcy paperwork that compared your income and expenses over a six-month period. The concept was to identify those who really had the means to pay their debts, but who were living an extravagant lifestyle financed on credit cards and other debt. Oftentimes, bankruptcy is caused by unexpected expenses, including medical bills caused by illness, loss of income from job loss and divorce. Once you have created a realistic budget, start planning out financial goals for the future.

4.) Start an emergency fund. Once you have established your budget, you should make sure and have a portion of your income set aside for savings. As the fund grows, you can begin putting some of it aside for retirement or a college savings account.

5.) Consider new credit. When applying for credit, start with a small credit limit and monitor your charges carefully. Charge no more than you can pay in full each month. Unplanned debt is where people get into trouble.

Bankruptcy Law, Credit, Timothy Kingcade Posts

NHL Blue Jackets Defenseman, Jack Johnson’s Shocking Bankruptcy

Posted on December 3, 2014by Admin

Jack Johnson, defenseman for the Columbus Blue Jackets has filed for Chapter 11 bankruptcy. In the bankruptcy filing, Johnson claims assets of ‘less than $50,000’ and debts of ‘more than $10 million,’ although sources say the debt could be closer to $15 million. According to reports, it has been nearly four years in the making, after a string of risky high-interest loans taken out by his parents.

In 2008, Johnson parted ways with his agent Pat Brisson. With no agent and little knowledge of financials, Johnson turned over control of his money to his parents. According to reports, before Johnson signed his seven-year, $30.5 million deal in 2011, he granted power of attorney to his mother, Tina Johnson, and allowed her full control of his finances.

Johnson’s parents allegedly each bought a car, spent more than $800,000 on upgrades to a Manhattan Beach property and racked up traveling expenses attending his games. Jack’s parents also purchased a home in Manhattan Beach, California, with his money but without his knowledge. In addition, Johnson’s parents borrowed $15 million against their son’s future earnings.

Because Johnson’s name is on the loans, he has been sued at least three times for more than $6 million. According to documents filed in the United States Bankruptcy Court in the Southern District Court of Ohio, 27-year-old Johnson has little left of the almost $18 million he has earned throughout his nine-year NHL career. Even $5 million of Johnson’s future earnings have been seized as a result of the tremendous amount of debt incurred. Court documents show a list of creditors with unsecured claims totaling more than $1.68 million.

Whenever Jack would question his parents about documents he received in the mail or calls he would receive, they would simply tell him not to worry about it and focus on playing hockey.

Johnson’s story proves as a cautionary tale. Professional athletes, dealing with extreme and sudden wealth at such a young age can be daunting. Oftentimes, athletes with limited educations can end up spending beyond their means, getting caught up in the lifestyle or even making poor investments, which can ultimately drain their accounts.

Jack Johnson made none of these mistakes. Instead, the two people he trusted most in the world betrayed him. This case is rare, as few athletes are victimized the same way Johnson was, by their own family.