Timothy S. Kingcade's Legal Cases (9)

In re Sybil Todd, Debtor. (United States Bankruptcy Court, S.D. Florida, Ft. Lauderdale Division)

Practice Area: Bankruptcy / Chapter 7

Date: Jul 16, 2008

Outcome: The Court orders that the Plaintiffs Motion is denied in full and the Defendant’s Cross Motion is granted in full.

Description: Chapter 7 trustee brought adversary proceeding, asserting claims to avoid and recover alleged... more

In re Juliet Bright, Debtor. (United States Bankruptcy Court, S.D. Florida)

Practice Area: Bankruptcy / Debt

Date: Jan 11, 2005

Outcome: The Debtor’s motion to reopen the case and redeem is proper. Therefore, it is ordered that Debtor may reopen and redeem the Toyota Camry. The Debtor may not attempt to redeem the value the Debtor attributed to the Toyota in October 2003 of $5,000.00.

Description: This matter came before the Court on the Motion by Debtor Juliet Bright to re-open her case and... more

In re Sernaque, Debtor. 311 B.R. 632

Practice Area: Bankruptcy / Chapter 7

Date: Jun 14, 2004

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... more

In re Jean, 306 B.R. 708

Practice Area: Bankruptcy / Debt

Date: Feb 20, 2004

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... more

In re Baez, 244 B.R. 480

Practice Area: Bankruptcy / Debt

Date: Jan 20, 2000

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... more

• In re Benedetti, Debtor. (United States Bankruptcy Court, S.D. Florida, Miami Division)

Practice Area: Bankruptcy / Chapter 7

Outcome: Ordered and adjudged that the UST’s Motion is denied.

Description: United States Trustee (UST) moved to dismiss debtor’s Chapter 7 case, as presumptively abuse under... more

In re: Yelitza Ortiz, Debtor. (United States Bankruptcy Court, S.D. Florida, Broward Division)

Practice Area: Bankruptcy / Chapter 7

Outcome: The Court determines that “age and condition,” be used in determining the ultimate replacement value. Thus, the Court will use the retail repair value for its deduction.

Description: This matter came before the Court for evidentiary hearing on February 22, 2007, on the Debtor’s... more

In re: Jaime Ensenat and Natalia Ensenat, Debtors. (United States Bankruptcy Court, S.D. Florida)

Practice Area: Bankruptcy / Chapter 7

Outcome: While Mrs. Ensenat’s niece, son and boyfriend may not qualify as the Debtors’ “family” for purposes of the Florida homestead exemption, the Debtors, nonetheless are entitled to claim the homestead exemption for the entire residence

Description: This matter came before the Court on March 26, 2007 on Trustee’s Objection to Claimed Exemption and... more

Monzon, 214 B.R. 38

Practice Area: Bankruptcy / 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... more