Bankruptcy Representation
Chapter 7 Bankruptcy
What it is:
Chapter 7 is often called a "fresh start" bankruptcy. For most filers, it eliminates unsecured debts like credit cards, medical bills, and personal loans in about four to six months.
Who it's for:
Individuals and families whose income falls below Florida's median (the "means test") and who need to eliminate overwhelming unsecured debt quickly. Florida's generous exemptions, including the unlimited homestead exemption, mean most of our Chapter 7 clients keep their home, their car, and their retirement accounts.
What it can do:
- Eliminate credit card, medical, and most other unsecured debt
- Stop wage garnishment immediately upon filing
- Stop creditor calls, lawsuits, and harassment
- Discharge most remaining debt within four to six months
What it generally cannot do:
- Eliminate recent tax debt, student loans (in most cases), child support, or alimony
- Stop foreclosure permanently if you're behind on your mortgage and want to keep the house (Chapter 13 is usually better for this)
Chapter 13 Bankruptcy
What it is:
Chapter 13 restructures your debts into a three- to five-year repayment plan based on what you can actually afford. At the end of the plan, most remaining unsecured debt is discharged.
Who it's for:
People with regular income who want to catch up on a mortgage, keep a car, protect non-exempt assets, or who don't qualify for Chapter 7 under the means test.
What it can do:
- Stop foreclosure and give you time to catch up on past-due mortgage payments
- Save a vehicle from repossession
- Consolidate debts into one affordable monthly payment
- Potentially reduce what you owe on second mortgages and certain other debts
- Provide a discharge at the end of the plan
What it requires:
- Regular income sufficient to fund the plan
- Commitment to a three- to five-year repayment schedule
- Ongoing cooperation with a Chapter 13 trustee
Which One Is Right for Me?
Honestly? It's impossible to answer that on a website. The right choice depends on your income, your assets, your debt types, and your goals. That's what the free consultation is for. We'll walk through your situation together, explain the trade-offs, and give you a straight answer about what we'd recommend and why.