Miami Landlord Ordered to Stop Harassing Family Protected by Chapter 7 Bankruptcy Automatic Stay
MIAMI – A Florida judge recently ordered a landlord to stop harassing a Miami couple with two children who sought Chapter 7 bankruptcy protection. The family was struggling to keep up with their bills and was facing eminent eviction when they went to see Miami bankruptcy attorney, Timothy S. Kingcade to file for bankruptcy protection.
“The family’s landlord disregarded the automatic stay put in place that protects from harassing debt collector calls, wage garnishment and repossession of property. This landlord was extremely aggressive and thought the laws of bankruptcy code did not apply to him,” Timothy S. Kingcade said.
Kingcade filed an emergency motion to hold the landlord in contempt of court for violating the automatic stay. The landlord did not appear at the hearing, but harassed Mr. Kingcade and the family with threatening phone calls and text messages. Ultimately, the bankruptcy judge found the landlord in contempt of court and ordered him to stop harassing the family and their attorney.
Mr. Kingcade proceeded to take the family’s case to the state court judge. After reviewing the bankruptcy court’s findings, the judge vacated all pleadings filed in violation of the automatic stay. The family now has time to restructure their finances without risk of eviction and will no longer be harassed by their landlord.
Miami-based Kingcade Garcia McMaken was established by managing partner and bankruptcy attorney, Timothy Kingcade in 1996. The firm represents clients throughout the Southern District 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. More information can be found at www.miamibankruptcy.com or by calling 305-285-9100.