Bankruptcy Attorney Florida
A bankruptcy attorney Florida residents contact often starts the conversation with the same set of questions: whether bankruptcy can offer relief from overwhelming debt, how Chapter 7 and Chapter 13 differ, and whether filing may make sense given a specific set of financial circumstances. The DeVries Law Firm, P.A. helps individuals throughout Florida understand these legal options under federal bankruptcy law, so decisions can be made with clear, accurate information rather than guesswork.
Consultations do not guarantee a particular outcome or that bankruptcy is the right option for every situation.
On This Page
- What Is Bankruptcy?
- Chapter 7 Bankruptcy
- Chapter 13 Bankruptcy
- Chapter 7 vs. Chapter 13
- Types of Debt Bankruptcy May Address
- The Automatic Stay
- The Bankruptcy Means Test
- Florida Bankruptcy Exemptions
- Common Reasons People Consider Bankruptcy
- Free Bankruptcy eBook
- Free Bankruptcy Webinar
- Frequently Asked Questions
Understanding Bankruptcy in Florida
For many individuals and families, debt accumulates gradually until it becomes difficult to manage — a medical emergency, a period of unemployment, a lawsuit, or simply the slow compounding of credit card balances. When that happens, people often begin searching for a bankruptcy attorney Florida residents can talk to about their options. Bankruptcy is a legal process, created and governed by federal law, that is designed to give individuals a structured way to address debt they cannot otherwise repay. It is not a single solution — it is a set of legal tools, and which tool (if any) fits a given situation depends on the details of that person’s income, assets, debts, and goals.
Most individuals who file for personal bankruptcy in Florida do so under one of two chapters of the U.S. Bankruptcy Code: Chapter 7, which is generally associated with the liquidation of non-exempt assets in exchange for the discharge of qualifying debts, and Chapter 13, which generally involves a court-approved repayment plan spread over several years. Each chapter has its own eligibility requirements, procedures, and consequences, and neither chapter is automatically the “better” option — the right fit depends on individual circumstances that a general web page cannot evaluate.
This page is intended to help Florida residents understand, at a general level, how bankruptcy works, what Chapter 7 and Chapter 13 involve, what types of debt bankruptcy may address, and what to expect from the process. Because bankruptcy law is technical and fact-specific, this page cannot substitute for a conversation with a Florida bankruptcy attorney about a specific financial situation.
What Is Bankruptcy?
Bankruptcy is a federal legal process, established under Title 11 of the United States Code, that allows individuals, married couples, and businesses to seek relief from debts they are unable to pay. Because bankruptcy is federal law, its core framework is the same across the country, though certain rules — such as which property is exempt from creditors — are set partly by state law, which is one reason Florida-specific guidance matters.
At a general level, bankruptcy can involve a few different mechanisms, depending on the chapter filed:
- Discharge of qualifying debts. A bankruptcy discharge is a court order that releases a debtor from personal liability for certain debts, meaning the creditor can no longer legally attempt to collect that debt. Not every debt qualifies for discharge.
- Reorganization. Rather than eliminating debt outright, some bankruptcy chapters restructure how and when debts are repaid, often through a multi-year repayment plan.
- The automatic stay. Filing a bankruptcy petition generally triggers an immediate, court-ordered pause on most collection activity, discussed in more detail below.
- Trustee involvement. A bankruptcy case is overseen by a court-appointed trustee, who reviews the debtor’s financial disclosures, administers any non-exempt assets in a Chapter 7 case, or oversees plan payments in a Chapter 13 case.
A helpful general distinction is between liquidation and reorganization. Chapter 7 is often described as a liquidation chapter because it can involve the sale of non-exempt assets by the trustee to pay creditors, in exchange for a relatively fast discharge of qualifying debts. Chapter 13, by contrast, is a reorganization chapter — the debtor generally keeps their property and instead commits to a structured repayment plan.
It is important to understand from the outset that bankruptcy does not eliminate every type of debt, does not eliminate debt for every person who applies, and does not work the same way in every case. Certain debts — including most types of recent taxes, domestic support obligations such as child support and alimony, and many student loans — are generally not dischargeable except in narrow circumstances. Understanding which category a particular debt falls into is one of the central reasons people consult a bankruptcy attorney rather than relying solely on general online information.
Chapter 7 Bankruptcy
Chapter 7 bankruptcy — sometimes called “straight bankruptcy” or “liquidation bankruptcy” — is the chapter most commonly filed by individuals seeking relief from unsecured debt such as credit card balances and medical bills. In a Chapter 7 case, a trustee is appointed to review the debtor’s financial disclosures, identify any non-exempt assets, and administer the case through to discharge or dismissal.
Eligibility is screened against income and expense standards.
The petition is filed and most collection activity generally pauses.
The debtor meets with the trustee and answers questions under oath.
Non-exempt assets, if any, are identified and administered.
Qualifying debts may be discharged, typically a few months later.
Who May Potentially Qualify for Chapter 7
Eligibility for Chapter 7 in Florida generally begins with the Bankruptcy Means Test, a federally mandated calculation that compares a debtor’s income against the median income for a household of the same size in Florida. The Means Test looks at current monthly income — generally averaged over the six months before filing — household size, and a series of allowable expenses set by federal and local standards. If income falls under the Florida median for that household size, a debtor generally passes the Means Test. If income is above the median, a more detailed calculation of disposable income is required, and in some cases a “presumption of abuse” may arise that can affect eligibility for Chapter 7. The Means Test is discussed in more detail later on this page.
Exemptions and Non-Exempt Property
Florida law provides a set of exemptions — categories and amounts of property that are protected from creditors and from the bankruptcy trustee. Property that falls within an applicable exemption is generally not sold in a Chapter 7 case. Property that exceeds an exemption, or does not qualify for one, is considered non-exempt property and may be subject to administration by the trustee. Florida’s exemptions are described in more detail in the exemptions section below.
The Automatic Stay, Trustee, and 341 Meeting
Once a Chapter 7 petition is filed, the automatic stay generally goes into effect immediately, pausing most collection actions. A trustee is assigned to the case and typically holds a 341 meeting of creditors — a relatively brief, informal proceeding where the debtor answers questions, under oath, about their financial disclosures. Most Chapter 7 cases do not involve a courtroom appearance before a judge.
Discharge — What May and May Not Be Included
If the case proceeds to discharge, many types of unsecured debt may be eligible, including most credit card debt, most medical debt, personal loans, and certain older tax debts that meet specific criteria. Debts that are generally not dischargeable in a Chapter 7 case include most student loans (absent a showing of undue hardship), domestic support obligations, many recent tax debts, debts arising from fraud, and certain other categories defined by the Bankruptcy Code. Whether a specific debt is dischargeable depends on the type of debt and the facts surrounding it.
Related reading: Do I Qualify for Chapter 7 Bankruptcy? · Is Chapter 7 Bankruptcy Right for Me? · How Do I File for Chapter 7 Bankruptcy in Florida? · How Will Chapter 7 Affect My Credit? · Can I File for Chapter 7 Alone If I’m Married? · Can I Get My Driver’s License Back by Filing Chapter 7? · Can My Chapter 7 Case Be Dismissed After Filing? · Can My Chapter 7 Discharge Be Revoked? · Chapter 7 Bankruptcy and the Eviction Moratorium
Questions About Chapter 7 Eligibility?
Discuss your income, assets, and debts with a Florida bankruptcy attorney.
Chapter 13 Bankruptcy
Chapter 13 bankruptcy is often described as a “wage earner’s plan.” Rather than liquidating non-exempt assets, a debtor who files under Chapter 13 proposes a repayment plan, generally lasting three to five years, that is submitted to the bankruptcy court for approval. Payments are made to a Chapter 13 trustee, who then distributes funds to creditors according to the terms of the confirmed plan.
Who May Consider Chapter 13
Chapter 13 is frequently considered by individuals who have regular income but do not currently qualify for Chapter 7 under the Means Test, or who have specific goals that Chapter 7 cannot accomplish — such as catching up on mortgage arrears to avoid foreclosure, addressing past-due vehicle loan payments to avoid repossession, or keeping non-exempt property that might otherwise be administered in a Chapter 7 case. Chapter 13 can also provide a structured way to pay certain priority debts — such as some tax obligations or domestic support arrears — over the life of the plan.
Disposable Income and the Repayment Plan
The amount paid into a Chapter 13 plan is generally based on the debtor’s disposable income — income remaining after reasonable and necessary living expenses. Secured debts, such as a mortgage or car loan, are typically addressed according to specific rules within the plan, and unsecured creditors, such as credit card companies, are generally paid based on what disposable income remains, which in some cases can be a relatively small percentage of the total debt owed.
Automatic Stay, Trustee, Plan Completion, and Discharge
As with Chapter 7, filing a Chapter 13 petition generally triggers the automatic stay. A Chapter 13 trustee is appointed to review the proposed plan and collect and distribute plan payments over the repayment period. If the debtor successfully completes all plan payments, the court can enter a discharge for qualifying remaining debts. Because the process unfolds over several years, plan completion requires consistent income and ongoing plan payments.
Related reading: Chapter 13 Bankruptcy: Top Ten Questions and Answers
Chapter 7 vs. Chapter 13 Bankruptcy
The table below offers a general, side-by-side comparison of the two chapters most commonly filed by individuals in Florida.
| Factor | Chapter 7 | Chapter 13 |
|---|---|---|
| General purpose | Liquidation of non-exempt assets in exchange for discharge of qualifying debt | Reorganization of debt through a court-approved repayment plan |
| Repayment plan | No multi-year repayment plan | Typically a 3–5 year repayment plan |
| Eligibility | Must generally pass the Means Test | Requires regular income and debt within statutory limits |
| Means Test | Directly determines eligibility | Used to help calculate plan length and payments |
| Treatment of assets | Non-exempt assets may be administered by the trustee | Debtor generally keeps property while making plan payments |
| Secured debt | May be addressed through reaffirmation, surrender, or redemption | Often restructured within the plan |
| Mortgage arrears | Not typically cured through the case itself | Can potentially be caught up over the plan period |
| Vehicle debt | May involve reaffirmation or surrender | Past-due payments may potentially be addressed in the plan |
| Typical process | Relatively brief, often a few months to discharge | Multi-year process tied to plan completion |
| Discharge | Generally entered a few months after filing, if eligible | Generally entered after successful plan completion |
What Types of Debt Can Bankruptcy Address?
Bankruptcy does not treat all debt the same way. Some debt may be eligible for discharge, some may need to be repaid through a structured plan, and some may fall outside what bankruptcy can address at all. The sections below outline several common categories of debt.
Credit Card Debt
Credit card balances are generally unsecured debt and are among the most common debts addressed in Chapter 7 and Chapter 13 cases.
Bankruptcy for Credit Card DebtMedical Debt
Unpaid medical bills are generally treated as unsecured debt, and bankruptcy may offer a path to address them depending on individual circumstances.
Bankruptcy for Medical DebtLawsuits and Judgments
The automatic stay can generally pause certain pending lawsuits, and some judgment debts may potentially be addressed in a bankruptcy case.
Bankruptcy for Lawsuits & JudgmentsWage Garnishment
Filing bankruptcy generally triggers the automatic stay, which can pause many forms of wage garnishment, subject to certain exceptions.
Stop Wage Garnishment in FloridaDebt Collector Harassment
Both federal law and the automatic stay provide certain protections against continued collection contact once a bankruptcy case is filed.
Stop Debt Collector HarassmentStudent Loans
Not all student loans are automatically dischargeable in bankruptcy. Discharging a student loan generally requires meeting a specific legal standard, and outcomes vary by case.
Student Loan Bankruptcy AttorneyThe Automatic Stay
One of the most immediate effects of filing a bankruptcy petition — under either Chapter 7 or Chapter 13 — is the automatic stay. The automatic stay is a court order, arising by operation of law at the moment a petition is filed, that generally requires creditors to stop most collection activity. This can include:
- Collection calls and written collection notices
- Certain civil lawsuits related to debt collection
- Wage garnishment tied to covered debts
- Foreclosure activity, including scheduled sale dates
- Repossession activity involving vehicles or other secured property
- Other collection actions, such as bank account levies
The automatic stay can provide meaningful breathing room while a case is pending, but it is not absolute. Certain actions — such as some criminal proceedings, some family law matters like child support enforcement, and certain tax proceedings — may not be paused by the stay, and in some circumstances a creditor can ask the court for permission to proceed despite the stay.
The Bankruptcy Means Test
The Bankruptcy Means Test is a federally required calculation used primarily to determine eligibility for Chapter 7 bankruptcy. Its purpose is to compare a debtor’s income against the median income for a Florida household of the same size, to help determine whether the debtor should be permitted to proceed under Chapter 7 or should instead be steered toward Chapter 13.
The Means Test generally involves several components: a six-month income calculation (averaging gross income over the six calendar months before filing), the debtor’s household size, a comparison against the Florida median income for that household size, and a set of allowable deductions and expenses defined by IRS collection standards and local Florida figures. If, after these calculations, the debtor’s disposable income falls below certain thresholds, Chapter 7 generally remains available. If disposable income exceeds those thresholds, a presumption of abuse may arise, which can complicate or preclude Chapter 7 eligibility absent specific exceptions.
It is worth noting that passing or failing the Means Test does not, by itself, provide a complete answer about every available bankruptcy option — it is one component of a broader eligibility analysis that also considers prior filings, the nature of the debt involved, and other statutory requirements. Florida residents interested in a more detailed, interactive look at how the Means Test works can review the firm’s dedicated Bankruptcy Means Test Florida page.
Not Sure Where You Stand on the Means Test?
A consultation can help clarify how the Means Test may apply to your situation.
Florida Bankruptcy Exemptions
Florida allows residents filing bankruptcy to use Florida’s own state exemption scheme (rather than the federal exemptions available in some other states), and Florida’s exemptions are, in some respects, more protective than those in many other states. Broad categories generally include:
- Homestead exemption. Florida’s homestead exemption can provide significant protection for a debtor’s primary residence, subject to acreage limits and other statutory conditions, including certain residency requirements.
- Personal property. A limited amount of personal property, such as household goods and wearing apparel, may be exempt up to certain dollar limits.
- Vehicles. A limited amount of equity in a motor vehicle may be exempt.
- Retirement accounts. Many qualified retirement accounts, such as certain 401(k) and IRA accounts, receive substantial protection under both Florida and federal law.
- Household property and other potentially protected property. Certain other categories, including some wages of heads of household and specific types of insurance and annuity proceeds, may also be protected depending on the facts.
Exemption rules are technical, frequently updated, and highly fact-specific — small differences in how property is titled, how long someone has lived in Florida, or how an asset was acquired can materially change how an exemption applies. This page cannot and does not provide individualized legal advice about how Florida’s exemptions would apply to a specific person’s property.
Common Reasons People Consider Bankruptcy
Florida residents consider bankruptcy for a wide range of reasons, including:
- Accumulated credit card debt
- Medical bills following an illness, injury, or hospitalization
- Job loss or a significant reduction in income
- Divorce and related financial disruption
- Unexpected large expenses, such as home or vehicle repairs
- Lawsuits or civil judgments
- Wage garnishment or other active collection activity
- Concerns about foreclosure or vehicle repossession
- Business or self-employment financial difficulties
Experiencing one or more of these circumstances does not automatically mean bankruptcy is the appropriate solution. Some situations are better addressed through negotiation, other debt relief strategies, or simply time; others may be well suited to Chapter 7 or Chapter 13. That determination depends on a review of the individual’s full financial picture.
Free Bankruptcy eBook
How Bankruptcy Saved My Family — And How It May Save Yours
Discover real stories and practical guidance about how bankruptcy may provide a path toward greater financial stability.
Free Bankruptcy Webinar
Regaining Financial Control With Bankruptcy
Watch this pre-recorded webinar anytime to learn how bankruptcy can stop debt collectors, lawsuits, and garnishments. This is not a live event.
Prefer to read more first? Visit the Florida Bankruptcy Webinar page.
Bankruptcy Attorney Florida: Common Questions
What does a bankruptcy attorney Florida resident hires actually do?
A bankruptcy attorney Florida clients work with generally reviews a person’s income, assets, and debts; explains which chapter of bankruptcy may be available; helps prepare and file the required court paperwork; and represents the client through the 341 meeting and remaining case proceedings.
How do I find a bankruptcy attorney Florida families can trust?
Look for an attorney who focuses on bankruptcy law, is licensed in Florida, offers a consultation to discuss your specific situation, and clearly explains both the potential benefits and the limitations of bankruptcy rather than promising guaranteed results.
What is bankruptcy?
Bankruptcy is a federal legal process that allows individuals or businesses unable to repay their debts to seek relief through either liquidation of non-exempt assets (Chapter 7) or a court-approved repayment plan (Chapter 13).
How does Chapter 7 bankruptcy work?
Chapter 7 generally involves passing the Means Test, filing a petition that triggers the automatic stay, attending a 341 meeting with a trustee, and — if eligible — receiving a discharge of qualifying debts a few months later.
How does Chapter 13 bankruptcy work?
Chapter 13 involves proposing a repayment plan, generally lasting three to five years, that is submitted to the bankruptcy court and paid through a Chapter 13 trustee, with a discharge potentially available after successful plan completion.
What is the difference between Chapter 7 and Chapter 13?
Chapter 7 generally involves liquidation of non-exempt assets and a relatively fast discharge, while Chapter 13 involves a multi-year repayment plan without the same liquidation process. Eligibility requirements also differ.
What is the bankruptcy Means Test?
The Means Test is a federally required calculation comparing a debtor’s income to the Florida median for a household of the same size, used mainly to determine Chapter 7 eligibility.
Who may qualify for Chapter 7 bankruptcy?
Individuals whose income falls at or below the Florida median for their household size generally pass the Means Test; those above the median may still qualify depending on a more detailed disposable income calculation.
What happens if I do not pass the Means Test?
Failing the Means Test does not necessarily end the analysis — it may point toward Chapter 13 instead of Chapter 7, or additional facts may still support Chapter 7 eligibility depending on the circumstances.
Can bankruptcy stop wage garnishment?
Filing bankruptcy generally triggers the automatic stay, which can pause many forms of wage garnishment, though certain types of garnishment, such as for some domestic support obligations, may not be affected.
Can bankruptcy stop debt collector harassment?
Yes, in most cases. Once a petition is filed, the automatic stay generally requires creditors and debt collectors to stop most collection contact regarding covered debts.
Can bankruptcy stop a lawsuit?
The automatic stay can generally pause many civil lawsuits related to debt collection, though some types of proceedings may not be affected.
Can bankruptcy eliminate credit card debt?
Credit card debt is generally unsecured and is often eligible for discharge in a Chapter 7 case, or addressed through a Chapter 13 repayment plan, depending on the case.
Can bankruptcy eliminate medical debt?
Medical debt is generally treated as unsecured debt and may be eligible for discharge in Chapter 7, or included in a Chapter 13 plan, depending on individual circumstances.
Can bankruptcy eliminate student loans?
Not all student loans are automatically dischargeable in bankruptcy. Discharging a student loan generally requires meeting a specific legal standard showing undue hardship, and outcomes vary by case.
Will I lose my home if I file bankruptcy?
Not necessarily. Florida’s homestead exemption can provide significant protection for a primary residence, and in a Chapter 13 case, mortgage arrears may potentially be addressed through the plan. Individual results depend on the facts.
Will I lose my car if I file bankruptcy?
Not necessarily. Florida provides some exemption protection for vehicle equity, and secured vehicle debt can often be addressed through reaffirmation, redemption, or a Chapter 13 plan, depending on the situation.
How long does bankruptcy take in Florida?
A typical Chapter 7 case often concludes within a few months of filing, while a Chapter 13 case generally runs the length of the repayment plan, usually three to five years.
How much does bankruptcy cost?
Costs vary by case and include court filing fees, required credit counseling and financial management course fees, and attorney’s fees, which depend on the complexity of the case. A consultation can provide case-specific figures.
What happens at the 341 meeting?
The 341 meeting of creditors is a brief, informal proceeding where the debtor answers questions from the trustee, under oath, about their financial disclosures. Creditors may also attend, though many meetings involve no creditor participation.
How does bankruptcy affect credit?
A bankruptcy filing generally appears on a credit report for several years and can affect credit scores, though many individuals begin rebuilding credit over time after discharge. The specific impact varies by individual credit history.
Can married people file bankruptcy separately in Florida?
Yes, a married individual can generally file bankruptcy alone without their spouse, though the spouse’s income and certain marital property may still factor into the Means Test and case analysis.
Can I file bankruptcy if I am self-employed?
Self-employed individuals can generally file for bankruptcy, though income calculations and the Means Test can be more complex when income varies month to month.
What debts cannot be discharged in bankruptcy?
Common examples include most domestic support obligations, many recent tax debts, most student loans absent undue hardship, and debts arising from certain fraud or willful injury, among other statutory exceptions.
What should I bring to a bankruptcy consultation?
Helpful items generally include recent pay stubs, tax returns, a list of debts and creditors, mortgage or lease information, vehicle loan details, and a general summary of assets and monthly expenses.
Can bankruptcy stop foreclosure in Florida?
The automatic stay can generally pause a scheduled foreclosure sale, and Chapter 13 may offer a way to catch up on mortgage arrears over time, though outcomes depend on the specific mortgage and case details.
What happens after my bankruptcy case is discharged?
Once qualifying debts are discharged, creditors can no longer legally attempt to collect them. Many individuals then focus on rebuilding credit and re-establishing their financial footing.
Is bankruptcy public record?
Yes, bankruptcy filings are generally part of the federal court’s public record, though the day-to-day details are not typically publicized outside of that record.
Do I have to go to court to file bankruptcy?
Most individual cases do not require an in-person appearance before a judge; the 341 meeting with the trustee is generally the primary proceeding a debtor attends.
Can I keep my retirement accounts if I file bankruptcy?
Many qualified retirement accounts, such as certain 401(k) and IRA accounts, receive substantial protection under Florida and federal exemption law, though specifics depend on the account type.
What is the difference between secured and unsecured debt in bankruptcy?
Secured debt, like a mortgage or car loan, is tied to specific collateral, while unsecured debt, like credit card balances, is not backed by collateral. Bankruptcy treats these categories differently.
Can I file bankruptcy more than once?
Yes, though federal law imposes waiting periods between filings and between receiving discharges in successive cases, and the applicable waiting period depends on which chapters were filed previously.
Will my employer find out if I file bankruptcy?
Generally, an employer would not automatically be notified of a bankruptcy filing, though certain circumstances, such as a wage order tied to a Chapter 13 plan, could involve payroll department awareness.
Do I need credit counseling before filing bankruptcy?
Yes, federal law generally requires completion of an approved credit counseling course before filing and a financial management course before discharge.
Can bankruptcy help with a tax debt?
Some older income tax debts may potentially be dischargeable if specific timing and filing requirements are met, while many more recent tax debts and most payroll taxes generally are not dischargeable.
What is a bankruptcy trustee?
A trustee is a court-appointed official who reviews the debtor’s financial disclosures, administers non-exempt assets in a Chapter 7 case, or collects and distributes plan payments in a Chapter 13 case.
Is there a minimum amount of debt required to file bankruptcy?
No, federal bankruptcy law does not set a minimum debt threshold, though whether filing makes practical sense often depends on the total amount and type of debt involved.
Can I choose which debts to include in bankruptcy?
Generally, bankruptcy requires disclosure of all debts, and a debtor typically cannot selectively exclude specific unsecured creditors from the filing.
How soon can the automatic stay take effect after filing?
The automatic stay generally takes effect immediately upon filing the bankruptcy petition, though notifying individual creditors and the court system can take a short time.
What is “presumption of abuse” under the Means Test?
It is a Means Test outcome that can arise when a debtor’s income and calculated disposable income exceed certain thresholds, potentially limiting Chapter 7 eligibility absent specific rebuttal circumstances.
Should I stop using credit cards before filing bankruptcy?
Continuing to use credit heavily shortly before filing can raise legal issues regarding certain charges, which is one of many reasons to discuss timing with a bankruptcy attorney before filing.
Ready to Discuss Your Bankruptcy Options?
Bankruptcy is a significant legal decision, and it is not the right fit for every situation. A consultation with a bankruptcy attorney Florida residents can speak with directly gives you the opportunity to review your income, assets, and debts, and understand the legal options that may be available based on your individual circumstances — before you decide how to move forward.