The DeVries Law Firm, P.A. — Duval County & Jacksonville, Florida
Bankruptcy Lawyer Duval County
Every financial situation is different. If you are searching for a bankruptcy lawyer in Duval County, you are likely dealing with a genuinely difficult set of circumstances — and you deserve clear, compassionate information about the legal options that may be available to you under Chapter 7 or Chapter 13 of the U.S. Bankruptcy Code.
An Introduction
Understanding Bankruptcy in Duval County
Bankruptcy is a legal process, established under federal law, that allows individuals and families struggling with overwhelming debt to seek relief from certain financial obligations. It exists because financial hardship is common, and Congress created a structured legal pathway for people to address debt they can no longer manage on their own.
People in Duval County file for bankruptcy for many different reasons. A job loss, a divorce, a serious illness, an unexpected medical bill, or simply the slow accumulation of credit card debt can all lead to a point where monthly obligations exceed what a household can reasonably pay. This is not a reflection of poor character or poor decision-making — it is a common experience shared by millions of Americans every year, including working families, retirees, veterans, and small business owners right here in Jacksonville.
Speaking with a bankruptcy attorney early, before the situation becomes more urgent — such as before a wage garnishment begins or a foreclosure sale is scheduled — may help you better understand the legal tools that exist and the general timeline involved. This page is intended to provide general educational information about bankruptcy and does not constitute legal advice. Every case is unique, and the right path forward depends on the specific facts of your financial situation.
What Bankruptcy May Address
Debts Bankruptcy May Help Address
Depending on the chapter filed and the facts of the case, bankruptcy may help address several categories of debt commonly faced by Duval County residents, including:
- Credit card debt
- Medical debt
- Personal loans
- Collection accounts
- Certain lawsuits
- Wage garnishments
- Foreclosure concerns
- Certain unsecured debts
It is important to understand from the outset that not every debt can be discharged in bankruptcy, and some financial obligations may remain even after a case is completed, depending on the type of debt and applicable federal law. An attorney can review your specific debts and explain, in plain language, which categories may be addressed through bankruptcy for credit card debt, bankruptcy for medical debt, or other forms of relief.
Speak With a Bankruptcy Lawyer Today
A consultation can help you understand which options may apply to your situation.
Chapter 7 & Chapter 13
Types of Bankruptcy Available to Duval County Residents
Most individuals filing for personal bankruptcy in Jacksonville and the surrounding areas file under either Chapter 7 or Chapter 13 of the U.S. Bankruptcy Code. Each chapter operates differently, serves a different purpose, and comes with its own eligibility considerations.
Chapter 7 Bankruptcy
Chapter 7 is often referred to as “liquidation” bankruptcy, though in practice many individuals who file Chapter 7 do not lose significant property, due to state and federal exemptions.
Who May Qualify
Eligibility for Chapter 7 generally depends on income, expenses, and a calculation known as the means test.
Means Test Overview
The means test compares your household income to the Florida median income for a household of your size. If your income falls below the threshold, you may qualify for Chapter 7. If it falls above, further calculations involving allowable expenses may still determine eligibility, or Chapter 13 may be an appropriate alternative.
Asset Exemptions
Florida law and federal law provide certain exemptions that may allow filers to protect property such as a primary residence (subject to specific homestead rules), a vehicle up to a certain value, and personal belongings. Which exemptions apply depends on individual circumstances.
Typical Process
A Chapter 7 case typically involves a filing, an automatic stay that pauses most collection activity, a meeting of creditors (often called a 341 meeting), and — in eligible cases — a discharge of qualifying debts within a period of several months.
Potential Benefits
For qualifying individuals, Chapter 7 may offer a relatively faster path toward discharge of certain unsecured debts, such as credit card balances and medical bills.
Important Considerations
Chapter 7 is not available to everyone, and some debts are not dischargeable. Some non-exempt assets could potentially be subject to liquidation by the trustee, depending on the case. An attorney can review your income, debts, and assets to help you understand whether Chapter 7 may be worth exploring.
Chapter 13 Bankruptcy
Chapter 13 is sometimes called “reorganization” bankruptcy. Instead of liquidating assets, it involves a court-approved repayment plan.
Repayment Plans
Chapter 13 typically involves a repayment plan lasting three to five years, during which the filer makes regular payments to a trustee, who distributes funds to creditors according to the plan.
Eligibility
Chapter 13 is generally available to individuals with regular income and debt levels below certain statutory limits. It is often considered by people who do not qualify for Chapter 7 or who have specific goals, such as catching up on a mortgage.
Protecting Assets
Because Chapter 13 does not typically involve liquidation of non-exempt property, it may allow filers to retain assets — such as a home or vehicle — that might otherwise be at risk, provided plan payments are maintained.
Mortgage Arrears
One common reason individuals choose Chapter 13 is to address mortgage arrears. The repayment plan may allow past-due mortgage payments to be spread out over the plan term, potentially helping some homeowners avoid a foreclosure sale, subject to court approval and continued plan payments.
Long-Term Repayment
Because Chapter 13 involves a multi-year commitment, the filer’s ability to maintain consistent income over the plan period is an important consideration.
Important Considerations
Chapter 13 requires disposable income sufficient to fund a repayment plan, and not all debts are addressed equally under the plan. Some obligations — such as certain tax debts, domestic support obligations, or secured debts — may require specific handling.
An attorney can evaluate your income, assets, debts, and goals to help you understand which chapter, if any, may be appropriate for your circumstances. This determination depends entirely on the individual facts of each case.
Why Duval County Residents File
Common Reasons People File for Bankruptcy
Financial hardship rarely stems from a single cause. Many of the Duval County families and individuals we speak with are dealing with a combination of the following:
Job Loss
A sudden reduction or loss of income can quickly make existing debt unmanageable.
Medical Expenses
Even with insurance, unexpected medical bills are one of the most common drivers of debt nationwide.
Divorce
The division of shared debt and a reduced household income can create new financial strain.
Business Difficulties
Self-employed individuals and small business owners may face debt tied to a struggling business.
Credit Card Debt
High interest rates can cause balances to grow faster than they can be paid down.
Lawsuits
A civil judgment can add sudden, significant financial pressure.
Wage Garnishment
An active garnishment can reduce take-home pay to a level that no longer covers basic expenses.
Foreclosure
Falling behind on mortgage payments can put a family home at risk.
Reduced Income
A pay cut, reduced hours, or a shift to fixed retirement income can strain an existing budget.
Unexpected Emergencies
Car repairs, home repairs, and family emergencies often get placed on credit when savings run short.
Discharge Basics
Debts That May — and May Not — Be Discharged
One of the most common questions we hear is which debts bankruptcy can actually eliminate. The answer depends on the type of debt and the chapter filed. The table below offers a general educational overview; it is not a determination for any individual case.
| Often Potentially Dischargeable | May Require Additional Analysis / Often Not Dischargeable |
|---|---|
| Credit card balances | Student loans (discharge is possible only in limited circumstances) |
| Medical bills | Child support obligations |
| Personal loans | Alimony / spousal support |
| Collection accounts | Certain recent tax obligations |
| Certain civil judgments | Criminal fines and restitution |
| Some other government obligations |
Dischargeability depends entirely on the facts of each case and applicable federal law. This table is general educational information, not a guarantee that any particular debt will or will not be discharged in your case. An attorney can review your specific debts individually.
Discuss Your Bankruptcy Options
Understanding which of your debts may be addressed starts with a conversation about your specific situation.
What to Expect
The Bankruptcy Process, Step by Step
While every case is different, most Chapter 7 and Chapter 13 cases in the Duval County area follow a similar general sequence:
Initial Consultation
You discuss your income, debts, assets, and goals with an attorney, who can explain the general options that may apply to your circumstances.
Financial Review
A detailed review of income, expenses, debts, and property is conducted to help determine which chapter may be appropriate.
Document Preparation
Required financial documents and schedules are gathered and prepared for filing with the court.
Filing
The bankruptcy petition is filed with the U.S. Bankruptcy Court serving the Jacksonville, Duval County area.
Automatic Stay
Upon filing, an automatic stay generally goes into effect, which typically pauses most collection calls, lawsuits, and wage garnishments.
Meeting of Creditors
Also called a 341 meeting, this is a brief proceeding where the trustee and any creditors may ask questions about the filing.
Case Administration
The trustee administers the case according to the applicable chapter — liquidation review for Chapter 7, or plan payments for Chapter 13.
Discharge (When Applicable)
If the case proceeds successfully, the court may issue a discharge order releasing the filer from personal liability for qualifying debts.
Financial Rebuilding
After discharge or plan completion, many individuals begin focused efforts to rebuild credit and stabilize their finances.
Moving Forward
Life After Bankruptcy
Rebuilding Credit
Many individuals begin rebuilding credit shortly after their case concludes, often through secured credit cards, small installment loans, or by becoming an authorized user on a trusted account. Consistent, on-time payments over time are generally central to credit recovery.
Budgeting
A realistic, sustainable budget is often one of the most valuable tools for maintaining financial stability after bankruptcy.
Responsible Borrowing
Approaching new credit carefully, and borrowing only what can comfortably be repaid, can help avoid a return to overwhelming debt.
Financial Planning
Some individuals find it helpful to work with a financial counselor after bankruptcy to set longer-term goals, such as saving for emergencies or retirement.
Bankruptcy is generally intended as a legal tool for a fresh financial start, not an endpoint. Many individuals who complete the process describe the years afterward as a period of steady, gradual rebuilding.
The DeVries Law Firm, P.A.
Why Duval County Residents Turn to Attorney Shawn DeVries
Attorney Shawn DeVries and The DeVries Law Firm, P.A. work with individuals and families throughout Duval County, Jacksonville, and Northeast Florida — including Arlington, Mandarin, Riverside, San Marco, Southside, Northside, Westside, Jacksonville Beach, Atlantic Beach, and Neptune Beach — who are trying to understand their options under Chapter 7 and Chapter 13 bankruptcy.
Personalized Legal Guidance
Every consultation is centered on your specific income, debts, and goals — not a one-size-fits-all approach.
Compassionate Representation
Financial hardship is stressful. Our approach is patient, respectful, and focused on helping you understand your options clearly.
Responsive Communication
Questions about your case are answered directly, in plain language, without unnecessary legal jargon.
Individualized Strategy
Recommendations are based on a careful review of your financial circumstances, not a generic template.
Local Knowledge
Familiarity with the Duval County community and the local federal court process serving Jacksonville filers.
Next Steps
Discuss Your Bankruptcy Options With an Attorney
If debt has become difficult to manage, you do not have to sort through your options alone. A consultation with The DeVries Law Firm, P.A. can help you understand, in plain language, what Chapter 7 and Chapter 13 bankruptcy may — and may not — be able to do for your specific situation.
Frequently Asked Questions
Bankruptcy Lawyer Duval County — Frequently Asked Questions
The answers below offer general educational information about bankruptcy in Duval County and Jacksonville. They are not legal advice, and outcomes depend on the facts of each individual case.
Should I file bankruptcy?
Do I qualify for Chapter 7?
What is Chapter 13?
Will I lose my home?
Will I lose my vehicle?
Does bankruptcy stop collection calls?
Can bankruptcy stop wage garnishment?
Can bankruptcy stop foreclosure?
What debts can be discharged?
What debts usually cannot be discharged?
How long does bankruptcy take?
Will bankruptcy affect my credit?
How much does bankruptcy cost?
Can I keep retirement accounts?
What documents do I need?
Should I hire a bankruptcy lawyer?
What is the automatic stay?
What is a means test?
What happens at the 341 meeting of creditors?
Can I file bankruptcy more than once?
Does bankruptcy affect my spouse?
Can self-employed individuals file bankruptcy?
What is the difference between secured and unsecured debt?
Can bankruptcy help with medical debt?
Can bankruptcy help with credit card debt?
What is the difference between Chapter 7 and Chapter 13?
Will bankruptcy stop debt collector harassment?
Do I have to go to court?
Can veterans and retirees file for bankruptcy?
What areas does The DeVries Law Firm serve?
How do I get started?
Take the Next Step
Ready to Discuss Your Bankruptcy Options?
Every financial situation is different. A consultation can help you understand your bankruptcy options and what Chapter 7 or Chapter 13 may mean for your specific circumstances. Attorney Shawn DeVries and The DeVries Law Firm, P.A. are available to speak with individuals and families throughout Duval County, Jacksonville, and Northeast Florida.
Attorney Advertising: This website contains attorney advertising. The information provided is for informational purposes only and should not be considered legal advice. Viewing this page or contacting The DeVries Law Firm, P.A. does not create an attorney-client relationship. Every legal matter is unique, and prior results do not guarantee a similar outcome. Bankruptcy outcomes depend on the facts of each case and applicable law. Please consult an attorney regarding your specific circumstances.