Miami-based bankruptcy law firm specializing exclusively in Chapter 7 and Chapter 13 filings since 1996. Led by Attorney Timothy Kingcade, a CPA with prior experience at U.S. Bankruptcy Courts.
Data compiled from public sources · Rating from CreditDoc methodology
Kingcade Garcia McMaken is a bankruptcy law practice based in Miami, Florida, founded in 1996 and led by Attorney Timothy S. Kingcade. The firm has built its reputation on exclusive focus on bankruptcy law and related matters such as foreclosure. With experience serving thousands of clients annually, the firm positions itself as a resource for individuals struggling with overwhelming debt across diverse financial circumstances.
The firm offers comprehensive bankruptcy representation, primarily Chapter 7 (liquidation) and Chapter 13 (reorganization) filings. They provide personalized consultations to assess client finances, assets, and goals to determine which bankruptcy chapter is appropriate. The firm explicitly serves both clients with modest incomes and higher net worth individuals, indicating capacity to handle diverse financial profiles. Initial consultations are offered free of charge, and the firm provides multilingual services in Spanish and English.
Kingcade Garcia McMaken distinguishes itself through several factors: Attorney Kingcade holds dual credentials as both a lawyer and CPA, providing tax and accounting perspective alongside legal expertise. His prior work for the U.S. Bankruptcy Courts' Chief Judge signals insider knowledge of judicial processes. The firm emphasizes personal attention and care, contrasts the stress of debt collection harassment, and frames bankruptcy as a legitimate legal right rather than financial failure. They provide supplementary resources including free e-newsletters, downloadable e-books, and educational content on bankruptcy mechanics.
The firm appears well-established with substantial client volume and longevity, reducing startup risk concerns. However, the website provides limited detail on specific case outcomes, fee structures, or comparative success rates. Prospective clients should verify whether the firm handles complex bankruptcies or specializes in straightforward cases, and obtain clear fee disclosures before engagement.
Yes. Kingcade Garcia McMaken is a registered company, headquartered in Miami, FL.
Results vary by individual situation. Contact the provider to discuss expected timelines for your specific needs.
CreditDoc Diagnosis
Best for Miami-area residents seeking experienced bankruptcy counsel, particularly those with modest incomes, higher net worth, or complex financial situations. Primary caveat: website lacks transparent fee information and detailed case outcome data—potential clients should request fee disclosures and success metrics before retaining counsel.
Atlanta-based law firm specializing in bankruptcy and personal injury cases with a Duluth, GA office. Offers free consultations and has served the community for over 25 years.
Best for: Individuals seeking bankruptcy representation in the Duluth or greater Atlanta area who prefer established firms with 25+ year histories, Personal injury victims (car/motorcycle accidents, dog bites) who also need bankruptcy guidance
Houston-based bankruptcy law firm specializing in Chapter 7 and Chapter 13 filings, foreclosure defense, and debt relief with 38+ years of experience.
Best for: Houston residents facing foreclosure who need immediate legal intervention to stop proceedings, Small business owners with commercial debt seeking to protect personal and business assets simultaneously
Jacksonville-based bankruptcy law firm offering Chapter 7, Chapter 13, foreclosure defense, and credit rebuilding services since 1994. Serves Northeast Florida with personalized debt relief.
Best for: Jacksonville-area homeowners facing foreclosure who want to combine bankruptcy protection with home defense, Individuals with multiple debt types (credit cards, medical, mortgage) needing comprehensive restructuring
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Read guide →New to credit and lending? Here are the key terms used on this page, explained in plain language with real-number examples.
When you fail to repay a loan according to the agreed terms — usually after 90-180 days of missed payments. It's the point where the lender gives up on collecting normally.
Default triggers severe consequences: credit score drops 100+ points, the debt may be sent to collections, you could be sued, and your wages or assets could be seized.
Example
You miss 4 consecutive car payments. The lender declares your loan in default, repossesses your car, sells it at auction for $8,000, and you still owe the remaining $5,000 (called a deficiency balance).
A federal agency created in 2010 to protect consumers from unfair financial practices. They write rules, supervise financial companies, and handle consumer complaints.
The CFPB is your most powerful ally against predatory lenders. Filing a complaint with them gets a response from the company within 15 days — companies take CFPB complaints seriously.
Example
A debt collector calls your workplace after you told them to stop. You file a CFPB complaint online. Within 15 days, the collection agency responds and agrees to stop. The CFPB tracks complaint patterns across all companies.
A federal law that limits what debt collectors can do. They can't call before 8am or after 9pm, can't harass you, can't lie, and must stop contacting you if you request in writing.
Knowing your FDCPA rights stops abusive collection tactics. If a collector violates the law, you can sue for up to $1,000 per violation plus attorney fees.
Example
A collector calls your workplace 3 times after you told them not to. That's 3 FDCPA violations. You hire a consumer attorney (free — they get paid by the collector). The collector settles for $3,000.
A court order that requires your employer to withhold part of your paycheck and send it directly to a creditor. Usually happens after a creditor sues you and wins a judgment.
Federal law limits garnishment to 25% of disposable income. Some states have lower limits. Student loans and taxes can be garnished without a court order.
Example
You owe $8,000 on a defaulted credit card. The bank sues, gets a judgment, and garnishes your wages. On a $3,000/month net paycheck, they take $750/month until the debt is paid.
A time limit (typically 3-6 years, varies by state) after which a creditor can no longer sue you to collect a debt. The debt still exists, but they lose the legal power to force payment.
Knowing your state's statute of limitations prevents you from being tricked into paying debts that are legally uncollectable. Beware: making a payment can restart the clock.
Example
You have a $3,000 credit card debt from 2019. Your state has a 4-year statute of limitations. In 2024, a collector calls demanding payment. The statute has expired — they cannot sue you.
A type of bankruptcy where you keep your assets but follow a court-approved 3-5 year repayment plan to pay back some or all of your debts. Stays on credit for 7 years.
Chapter 13 is better than Chapter 7 if you have a home or assets you want to keep. It can stop foreclosure and let you catch up on mortgage payments over 3-5 years.
Example
You're 3 months behind on your mortgage and have $30,000 in credit card debt. Chapter 13 stops foreclosure and puts you on a 5-year plan: you pay $600/month to catch up on the mortgage and pay 40% of the credit card debt.
A type of bankruptcy that wipes out most unsecured debts (credit cards, medical bills) by liquidating non-exempt assets. It stays on your credit for 10 years.
Chapter 7 gives you a fresh start but at a steep cost: 10 years on your credit, difficulty getting loans, and you may lose assets. Income must be below your state's median to qualify.
Example
You have $45,000 in credit card debt and earn $35,000/year. Chapter 7 erases the debt. You keep exempt property (basic car, household items). Your score drops to ~500 but you're debt-free.
When a creditor declares your debt a loss after 180 days of nonpayment and removes it from their books. But you still owe the money — they just stop expecting to collect it themselves.
A charge-off is one of the most damaging entries on your credit report and stays for 7 years. The debt is usually sold to a collection agency who will pursue you for it.
Example
You stop paying your $4,000 credit card. After 180 days, the bank charges it off and sells the debt to a collector for $800. The collector now contacts you demanding the full $4,000 (they profit from what they collect above $800).
When an unpaid debt is transferred or sold to a third-party collection agency that specializes in recovering the money. Collection accounts appear on your credit report for 7 years.
Even a $50 collection account can drop your score 50-100 points. Some newer FICO models (FICO 9) ignore paid collections, but many lenders still use older models.
Example
An old $200 gym bill goes to collections. It appears on all 3 credit reports and drops your 720 score to 640. Paying it helps with newer scoring models but under FICO 8 (still widely used), a paid collection still hurts.
Combining multiple debts into one single loan with one monthly payment, ideally at a lower interest rate. It simplifies repayment and can reduce total interest.
Consolidation works best when you get a lower rate than your existing debts. But it doesn't reduce what you owe — and extending the term can mean paying more total interest.
Example
You have: $5,000 at 22% (credit card), $3,000 at 18% (store card), $2,000 at 25% (payday loan). A $10,000 consolidation loan at 11% saves you ~$2,100 in interest over 3 years.
Negotiating with creditors to accept less than the full amount you owe — typically 40-60 cents on the dollar. Usually done after you've already fallen behind on payments.
Settlement can save thousands, but it severely damages your credit (settled accounts show for 7 years) and the IRS may tax the forgiven amount as income.
Example
You owe $15,000 on a credit card and negotiate a settlement of $7,500 (50%). You save $7,500 but: your credit drops 100+ points, the account shows 'settled' for 7 years, and you may owe taxes on the $7,500 forgiven.
The percentage of your monthly gross income that goes toward paying debts. Lenders use it to judge whether you can afford another loan payment.
Most lenders want DTI below 36% for personal loans and below 43% for mortgages. Above that, you're considered overextended and likely to be denied.
Example
You earn $5,000/month gross. Your debts: $1,200 mortgage + $300 car + $200 student loans = $1,700/month. DTI = 34%. A new $400/month loan would push you to 42% — risky for lenders.
A court ruling that says you legally owe a specific amount to a creditor. It gives the creditor power to garnish wages, freeze bank accounts, or place liens on your property.
Judgments are enforceable for 10-20 years (varies by state) and can be renewed. They give creditors far more collection power than a simple unpaid debt.
Example
A credit card company sues you for $8,000 and wins a judgment. They can now garnish 25% of your paycheck ($750/month on a $3,000 net salary) and freeze your bank account.
Want to learn more? Read our Financial Wellness Guides for in-depth explanations and practical advice.
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