Bankruptcy Law, Timothy Kingcade Posts

Five Post-Bankruptcy Myths

The decision to file for bankruptcy is typically a last resort for consumers who find themselves plagued with debt. While bankruptcy may offer a fresh start and relief from bills incurred from divorce, unemployment and uninsured medical costs, many consumers worry about how the decision will ultimately impact their financial future.

“Most people who contemplate bankruptcy fear they will never again own a credit card or be able to buy a home or get a new car or even take a vacation,” says Paula Langguth Ryan, author of “Bouncing Back from Bankruptcy.” “There are a lot of misconceptions about obtaining credit after bankruptcy.”

If you have filed for bankruptcy and are wondering whether you should apply for credit, and how to go about rebuilding your credit score, you aren’t alone. A report from the Automated Access to Court Electronic Records released in June found that consumer and commercial bankruptcy filings are on pace to reach 1.5 million in 2009.

Ryan, who once filed for bankruptcy, now counsels others on how to achieve financial freedom and avoid feeling overextended. She says some of the most common misconceptions about obtaining credit after bankruptcy include:

1. Filing for bankruptcy will permanently ruin my credit.
Many people actually obtain a higher credit score in the years following a bankruptcy if they successfully change their spending habits.

As you work to re-establish yourself as a good credit risk, Ryan recommends making sure your credit reports are accurate. To get a free copy of your credit report, visit The three major credit bureaus are Equifax, Experian and TransUnion.

“Under a new federal law, consumers are entitled to receive free copies of their credit reports from all credit bureaus every 12 months,” Ryan says. “All three reports can be ordered via telephone by calling (877) 322-8228. You also don’t need to order all three reports at once, by staggering your requests, you can order one from each credit reporting agency every four months.”

– Posted By Timothy Kingcade

Bankruptcy Law, Florida Bar, Timothy Kingcade Posts

Recent Florida Bar Advertising Rules: How it affects Consumers and the Practice of Law – by Timothy Kingcade

The Florida Supreme Court recently enforced some strict advertising rules when it comes to attorneys promoting themselves via Web sites, legal profiles, blogs, social media tools, billboards, ads, etc.  The most recent ruling on November 19th states that lawyer Web sites may not:

• Make statements that characterize the quality of legal services being offered;

• Provide information regarding past results;

• Include testimonials.


The Florida Supreme Court says the purpose of these new rules is to protect consumers from misleading information, provide them with accurate and helpful information in the selection of a lawyer, and respect lawyers’ abilities to provide information about themselves to the public.   They contend that these new rules benefit the consumer and protect the practice of law. 

However, many attorneys are arguing that it’s their first amendment right to engage in truthful advertising on the Internet.  For example, publishing their successful verdicts/settlements and positive client reviews on their firm’s Web site.   

One of the negative implications for consumers is that it levels the playing field of all Florida law firms, no longer allowing the “best firms” to showcase impressive verdicts and settlements received on behalf of their clients. This in turn will make it more difficult for consumers to make informed decisions on legal representation. 

Also, these new laws have the potential of putting Florida law firms at a competitive disadvantage with other law firms nationwide.  Attorneys practicing in other states are not as restricted with the content placed on their Web sites, blogs and social media tools.  These rules are scheduled to take effect January 1st, 2010.

To keep up to date on the latest attorney advertising rules in the State of Florida visit the Florida Bar at You can also find useful consumer information on the Kingcade & Garcia, P.A. Web site at  If you have any questions about this topic, please feel free to contact me at (305) 285-9100.

-Timothy Kingcade

Bankruptcy Law

Timothy Kingade on Trends in Bankruptcy Law

Recently, it has come to my attention the increase in my clients’ emotional exhaustion over losing their homes due to foreclosure.  Unfortunately, for those facing foreclosure here in South Florida, President Obama’s “Mortgage Rescue” plan has not yet materialized.  I have been able to help those facing foreclosure alleviate their stress by letting them stay in their homes for at least another year, allowing them to re-organize their lives.  I also help those with the removal of mortgages in Chapter 13 bankruptcy filings.

Other bankruptcy trends I have noticed in my practice include an increase in the amount of senior citizens filing as a result of having to put their monthly prescriptions on credit cards.  Many of these individuals are already on fixed financial budgets and Medicare/Medicaid coverage applies only after a certain amount is covered by the consumer.  There has also been an increase in bankruptcy filings among college/graduate school educated individuals as a result of the 2005 law no longer discharging private student loans.

If you need relief from creditors calling and are considering bankruptcy as an option contact our experienced and compassionate attorneys today for a free consultation.  At Kingcade & Garcia, P.A. our attorneys have many years of legal experience and handle over a thousand bankruptcy filings each year.  We are sensitive to your financial issues and offer reasonable fees and payment plan options to clients in bankruptcy and foreclosure defense cases.

– Timothy Kingcade