You Have the Choice to Take Back Control of Your Financial Future.

Landlord Held in Contempt of Court for Willful Violation of the Bankruptcy Automatic Stay

Miami bankruptcy attorney Timothy S. Kingcade’s Motion Granted, Creditor Required to Cease and Desist all Eviction Proceedings and Pay Attorney’s Fees

MIAMI – (April 30, 2018) Bankruptcy Attorney Timothy S. Kingcade, founding partner of Miami-based Kingcade Garcia McMaken successfully obtained an Order for his client in a Chapter 7 case, granting Emergency Relief Requested. Florida Bankruptcy Judge, A. Jay Cristol signed an order holding the landlord / creditor, Jonathan Smith and Delores Smith in Contempt of Court for Intentional Violation of the Automatic Stay (In re Montalvo Case No. 18-11489-AJC). Creditor, Jonathan Smith and Delores Smith are directed to immediately cease and desist all eviction proceedings and pay Kingcade Garcia McMaken $2,250.00 in attorney’s fees for having to bring forth the motion to enforce the automatic stay and protect its client.

“We are extremely pleased with this victory for our client today. The landlord in this case completely disregarded the automatic stay put in place that protects bankruptcy clients from harassment and repossession of property. Despite having actual knowledge of the bankruptcy and automatic stay protections, this landlord continued to harass and threaten my client, causing them unnecessary distress, even going so far as to serving them with an eviction lawsuit during the case,” Kingcade said.

The Order directs creditor, Jonathan Smith and Delores Smith, jointly and severally, to pay attorney’s fees to Kingcade Garcia McMaken for having to bring forth this action and to cease and desist all eviction proceedings until further order of court.

# # #

Miami-based Kingcade Garcia McMaken was established by managing partner and bankruptcy attorney, Timothy S. Kingcade in 1996. The firm represents clients throughout the State of Florida in Chapter 7 bankruptcy and foreclosure defense cases. The firm is committed to providing personalized service to each and every client, clearly explaining the options according to the unique circumstances of his or her life. The office environment and the service provided are centered on a culture of superior client care for the financially disenfranchised. All partners and associates at Kingcade Garcia McMaken specialize in consumer bankruptcy and foreclosure and have dedicated their practices to this area of the law. Additionally, all attorneys and staff members at the firm are bilingual speaking Spanish.

For more information visit, href=”/.

Contact: Kristine B. Snively of Pristine PR at (954) 376-3683, or via e-mail at [email protected] for Miami Bankruptcy Attorney Timothy S. Kingcade.

Kingcade . Garcia . McMaken | Bankruptcy Attorneys
Best Business of 2024 | ThreeBest Rated | Excellence
Avvo Clients' Choice Award 2024 | Timothy S. Kingcade | 5 Star
Rated By | Super Lawyers | Timothy S. Kingcade | SELECTED 2014-2017 |
Florida Trend's Florida Legal Elite | 2018
2019 Top 3 Bankruptcy Lawyers in Miami | Three Best Rated
Avvo Rating
Top Contributor Award 2024 | Timothy S. Kingcade | Avvo
Martindale-Hubbell | AV Preeminent | Peer Rated For Highest Level of Professional Excellence | 2021
Martindale-Hubbell | Client Champion Platinum / 2021
Super Lawyers 2021
2022 Top 3 Bankruptcy Lawyers in Miami | Three Best Rated
BBB A+ Rated Accredited Business
Findlaw | Kingcade Garcia McMaken | out of 22 reviews | Best Bankruptcy Lawyers in Miami | 2021