Personal Bankruptcy in Florida
Florida personal bankruptcy is a federal legal process designed to provide relief to honest debtors. It acts as a shield against creditor harassment, lawsuits, and financial instability. When you file, an “automatic stay” goes into effect immediately. This federal court order generally stops most collection efforts, subject to limited statutory exceptions.
In many cases, Chapter 7 individual bankruptcy allows qualified individuals to discharge unsecured debt within a relatively short timeframe, subject to eligibility requirements under federal law.
In our practice at DiTocco Law Group, we treat individual bankruptcy filing as a strategic financial tool, not a failure. We use the U.S. Bankruptcy Court for the Southern District of Florida procedures to protect your property. Our goal is to work toward securing a discharge of eligible debts while maximizing your exemptions under Florida law.
Which Chapter of Bankruptcy Is Right for You in Florida
Choosing between Chapter 7 and Chapter 13 depends on your income, assets, and specific financial goals. This comparison helps clarify your bankruptcy options individuals typically consider.
Chapter 7 or Chapter 13: Which Is Right for You?
We analyze your finances to ensure you pursue the path that offers the most effective consumer debt relief and asset protection.
Why Choose DiTocco Law Group for Your Fresh Start
Navigating the federal court system requires a partner who understands local procedures and trustee expectations. We provide the expertise needed to secure your financial future without unnecessary risk.
- Local Court Knowledge: We possess deep experience with the specific rules of the Southern District of Florida judges.
- Direct Attorney Access: You work directly with a personal bankruptcy attorney, not a paralegal, at every stage.
- Asset Protection Strategy: We utilize Florida Statutes Chapter 222 to safeguard your home and retirement savings.
- Comprehensive Analysis: We review your total financial picture to identify risks before filing your petition.
- Transparent Communication: We explain every step clearly so you maintain control over your financial recovery.
Contact us today to schedule a consultation and begin your journey toward lasting personal debt solutions.
Areas We Serve
Our firm maintains offices across South Florida to ensure you have accessible legal counsel near your home or work. We provide dedicated representation to residents in the following counties:
- Broward County: Fort Lauderdale, Plantation, Hollywood
- Palm Beach County: West Palm Beach, Boca Raton, Delray Beach.
- Miami-Dade County: Aventura, Miami Gardens, North Miami.
Visit one of our convenient locations to discuss how we can help you achieve wage garnishment protection and financial peace.
FAQ
Can personal bankruptcy help stop wage garnishment in Florida?
The automatic stay generally stops wage garnishment upon filing, subject to statutory exceptions. We file your case electronically to trigger this federal protection instantly, requiring employers to cease withholding pursuant to federal law. This allows you to keep your full salary to cover essential living expenses while we work toward resolving or discharging the underlying debt pursuant to federal law.
When should I speak with a bankruptcy attorney?
Contact a bankruptcy lawyer immediately if you face foreclosure, a lawsuit, or garnishment. Early intervention allows us to protect more assets and plan a defense strategy before creditors seize property. Waiting often limits your legal options, whereas acting now gives us time to use Florida exemptions to shield your home and savings.
Are all personal debts dischargeable through bankruptcy?
Most unsecured debts like credit cards and medical bills are generally dischargeable. However, recent income tax debts, student loans, and domestic support obligations like alimony typically survive the filing. We conduct a thorough review of your specific liabilities to confirm exactly which debts will be eliminated and which may remain.
How does bankruptcy affect joint debts with a spouse?
A personal filing protects you, but not your spouse, unless you file jointly. Creditors can still pursue a non-filing spouse for shared debts. We analyze your household finances to recommend individual or joint filing. In Chapter 13, a "co-debtor stay" may protect your spouse if the plan pays the debt, but Chapter 7 offers less protection for co-signers.
Can bankruptcy protect me from creditor harassment?
Yes. The automatic stay is a powerful federal court order that halts all communication. Creditors must stop calls, letters, and emails immediately. If they persist, we can take legal action to enforce your rights under federal law. This legal barrier provides immediate peace of mind, stopping the daily stress of aggressive collection tactics.
Will filing bankruptcy affect my ability to rent housing?
It may make renting harder initially, as landlords check credit reports. However, eliminating debt improves your debt-to-income ratio significantly. Many private landlords consider your current ability to pay over a past bankruptcy, especially as your credit score recovers. We can advise you on how to present your financial recovery to potential landlords..
Can personal bankruptcy help with medical debt?
Yes, medical bills are classified as general unsecured debt, just like credit cards. They are generally dischargeable in Chapter 7 and often paid at pennies on the dollar in Chapter 13 plans. This provides significant personal loans bankruptcy relief, as medical debt is frequently the primary cause of financial distress for responsible families.
How long does a personal bankruptcy stay on my credit report?
A Chapter 7 filing remains on your credit report for 10 years, while Chapter 13 stays for 7 years. However, the impact diminishes over time. You can begin rebuilding your credit score immediately after discharge by managing new credit responsibly. Credit recovery timelines vary by individual circumstances.