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Get Debt Relief With A Florida Bankruptcy Attorney
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What Does A Bankruptcy Attorney Do?
A bankruptcy attorney helps individuals and small businesses use federal law to get out from under debt that has become unmanageable. The Bankruptcy Code is designed to give honest debtors a fresh start, but it is also technical, deadline-driven, and unforgiving of mistakes. A good attorney’s role is to figure out whether bankruptcy is the right tool, which chapter fits, and how to protect as much property as Florida law allows.
The first thing a bankruptcy attorney does is analyze the client’s full financial picture — income, expenses, assets, secured debts (mortgages, car loans), and unsecured debts (credit cards, medical bills, personal loans, deficiency judgments). From that analysis they run the Chapter 7 means test, project a Chapter 13 plan, and often recommend non-bankruptcy alternatives such as debt negotiation, loan modification, or defense of a specific lawsuit when bankruptcy is not the best fit.
In Chapter 7 — the most common consumer chapter — the attorney prepares the petition, schedules, and Statement of Financial Affairs; claims Florida’s homestead and personal-property exemptions; and represents the debtor at the Section 341 meeting of creditors. When it works, most unsecured debts are discharged in about four months, and qualifying homes and one vehicle typically remain safe.
Chapter 13 is a repayment plan lasting three to five years and is used to stop foreclosure, catch up on mortgage arrears, strip off wholly unsecured second mortgages, or manage tax debt. The attorney drafts the plan, negotiates with the trustee and creditors, and returns to court whenever a modification is needed. Chapter 11 (including subchapter V for small businesses) is used when the debts or business complexity exceed Chapter 13 limits.
Beyond filing, bankruptcy attorneys handle adversary proceedings — lawsuits inside the bankruptcy case — to challenge dischargeability of a debt, undo a fraudulent transfer, or defend against a creditor claiming the debtor should not receive a discharge. They also enforce the automatic stay, which is the powerful federal injunction that stops collection calls, wage garnishments, and foreclosure sales the moment a case is filed.
Common Florida cases include stopping foreclosure the day of a scheduled sale, discharging medical debt after a serious illness, wiping out credit-card balances left after a divorce, resolving IRS or Florida Department of Revenue debt, and reorganizing a small business hit by pandemic or supply-chain losses. Florida’s homestead exemption is one of the most generous in the country, and the right structuring often lets homeowners keep their home while discharging other debt.
LegalNow247 is a legal concierge, not a law firm or a debt-relief agency. We connect people considering bankruptcy — or facing foreclosure, garnishment, or a lawsuit — with independent Florida bankruptcy attorneys who handle their type of case. Consultations are confidential and free.
The automatic stay is one of the most powerful tools in federal law — filing legally stops most garnishments, foreclosures, and repossessions the moment the petition is on the docket.
Bankruptcy by the numbers
~4 mo
typical Chapter 7 case timeline
3–5 yrs
Chapter 13 repayment plan leng
$1M+
of home equity often protected under Florida homestead
Same day
utomatic stay activates on filing
Common Bankruptcy Situations We Help With
From First Call To Case Resolution
Call LegalNow247
Confidential intake. We don't share your information with creditors.
Describe your debts and assets
Total balances, income, and what property you want to protect.
Get matched with a bankruptcy attorney
By district, chapter, and case complexity.
Free consultation
Learn Chapter 7 vs. Chapter 13 vs. non-bankruptcy options.
Attorney files and guides you
Automatic stay stops collections the moment the petition is filed.
Timeline, Costs & What Bankruptcy Cases Actually Look Like
Typical timeline
Costs & fees
Documents to gather
- ✓ Six months of pay stubs and current tax returns (last 2 years)
- ✓ Bank and retirement statements for all accounts
- ✓ Complete list of debts (bills, collection letters, lawsuits)
- ✓ Mortgage statement and any foreclosure paperwork
- ✓ PVehicle titles and loan statements
- ✓ Real estate deeds and recent appraisals or Zestimates
Common mistakes to avoid
- ✘ Transferring assets to family before filing — this is often reversible and dangerous
- ✘ Paying back large amounts to insiders (relatives, business partners) pre-filing
- ✘ Using credit cards for luxury purchases or cash advances just before filing
- ✘ Failing to disclose every account, side business, or expected inheritance
- ✘ Withdrawing from a protected retirement account to pay unsecured debt
Signs You Should Speak With A Bankruptcy Attorney
- ✓ Your total unsecured debt is more than you can pay in 3-5 years
- ✓ You’re behind on your mortgage or car and want to keep the asset
- ✓ You’ve been sued by a creditor or have a garnishment starting
- ✓ You’re eyeing retirement funds or family loans to service debt
The right chapter depends on your income, assets, and goals. A bankruptcy attorney can tell you in one call which chapter (or non-bankruptcy alternative) fits your situation.
When to seek help
- You've been sued by a creditor or received a garnishment notice
- Your mortgage lender has started foreclosure
- You can only afford the minimum payments on your debts (or not even that)
- You're considering draining a 401(k) or IRA to pay debt
- Creditors are calling constantly or threatening lawsuits
- Free & confidential
Request A Bankruptcy Consultation
Bankruptcy Questions People Actually Ask
Will I lose my house or car?
Often, no. Florida has generous homestead and personal-property exemptions. An attorney can walk you through what you keep before you file.
How fast do creditor calls stop?
The automatic stay goes into effect the moment a bankruptcy petition is filed — typically halting collection calls, lawsuits, and garnishments immediately.
How much does bankruptcy cost?
Chapter 7 attorney fees plus filing fees typically run $1,200-$2,500 total. Chapter 13 fees are often paid through the repayment plan.
Which is better, Chapter 7 or Chapter 13?
Chapter 7 is faster and discharges most unsecured debt, but requires passing a means test. Chapter 13 lets you save a house from foreclosure and catch up secured debts over 3-5 years.
Will bankruptcy ruin my credit?
Your score drops initially but many filers see meaningful recovery within 12-24 months, and are back to prime credit in 4-5 years.
How long does bankruptcy stay on my credit report?
Chapter 7: 10 years. Chapter 13: 7 years. Both are shorter than most people expect and shorter than years of continuous defaults.
Can I keep credit cards after bankruptcy?
Any card included in the bankruptcy is closed. Secured cards and new offers are available almost immediately after discharge.
Will my employer find out?
In most cases, no. Federal law prohibits discrimination for filing bankruptcy, and filings are only publicly searchable, not broadcast.
Can I file bankruptcy without an attorney?
Legally yes; practically it’s risky. Pro se filings are dismissed at much higher rates and can lose exemptions or discharge.
What debts can't bankruptcy erase?
Recent taxes, most student loans, child support, alimony, criminal restitution, and debts from fraud typically survive discharge.
Can bankruptcy stop foreclosure?
Yes — filing halts the sale immediately. Chapter 13 lets you cure the arrears over time and keep the home.
Can I file if I've filed before?
Yes, but with waiting periods: 8 years between Chapter 7s, 4 years between Chapter 7 and 13, and 2 years between Chapter 13s.
Do both spouses have to file?
No. In Florida, spouses can file jointly, individually, or not at all — an attorney will advise which makes sense.
What is the means test?
A comparison of your income to Florida’s median. It determines Chapter 7 eligibility and Chapter 13 plan payment size.
Will I have to go to court?
You’ll attend one short meeting of creditors (the 341 meeting), usually by video, that lasts 5-10 minutes. Actual court appearances are rare.
Can I discharge tax debt?
Some older income taxes qualify (typically 3 years old, filed 2 years ago, assessed 240+ days ago). Payroll and fraud-related taxes do not.
What's an alternative to bankruptcy?
Debt negotiation, debt consolidation, and a Chapter 128 wage earner plan are alternatives an attorney will compare in your consultation.
Will I lose my house if I file bankruptcy in Florida?
In most cases no. Florida’s homestead exemption protects unlimited equity in a primary residence, subject to acreage limits. Chapter 13 can also be used to catch up on missed mortgage payment
Which debts cannot be discharged in bankruptcy?
Most student loans, recent taxes, child support, alimony, criminal fines, and debts obtained through fraud generally survive. An attorney can identify exceptions.
How long does bankruptcy stay on my credit report?
Chapter 7 remains for up to 10 years and Chapter 13 for up to 7 years. Many filers see their credit score begin improving within 12–24 months as balances zero out.
Can I keep my car?
Usually yes — through the vehicle exemption, reaffirmation, or redemption in Chapter 7, and through the plan in Chapter 13, as long as payments are current or can be caught up.
Do both spouses have to file?
No. Married individuals can file individually or jointly. The right choice depends on whose name the debts are in and both spouses’ income and assets.
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Educational Guides On Bankruptcy Law
Chapter 7 vs. Chapter 13 In Florida
Eligibility, timeline, and what you keep in each.
Florida's Homestead Exemption Explained
The most protective homestead law in the country.
How The Automatic Stay Works
Why creditor calls stop the day you file.
Rebuilding Credit After Bankruptcy
What to expect at 1, 2, and 5 years post-discharge.
Bankruptcy Attorneys Across Florida
What Bankruptcy Clients Say
Patricia H.
Fort Lauderdale · Chapter 13 foreclosure stop
James L.
Sarasota · Chapter 7 medical debt
Miguel A.
Naples · Small business reorganization