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Timothy S. Kingcade founded the law firm of Kingcade & Garcia, P.A., in 1996. Today, he and his firm handle more than one thousand bankruptcy filings each year. As Managing Shareholder of Kingcade & Garcia, P.A., Timothy and his firm represent clients throughout the State of Florida in Chapter 7 bankruptcy, foreclosure defense, personal injury and PIP claims. To compliment Attorney Kingcade's extensive legal experience, he is also a certified public accountant (CPA), which provides him with a unique understanding of how to handle tax-motivated bankruptcy cases against the IRS.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 mortgagee's secured claim in debtor's confirmed plan, and mortgagee moved for relief from order confirming plan.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 Electronic Registration Systems, Inc.), on ground that lien securing mortgagee's claim had been stripped off by order confirming plan proposed by debtor in previous Chapter 13 case, and mortgagee objected to confirmation of plan proposed by debtor to current case.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

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