Common questions about filing bankruptcy in North Florida. Below are answers to the questions our Jacksonville-area clients ask most often about Chapter 7, Chapter 13, foreclosure defense, and debt relief. This page is general information, not legal advice — every case is different, so contact our office for guidance on your specific situation.
Chapter 7 & Chapter 13 basics
What is Chapter 7 bankruptcy?
Chapter 7 is often called “liquidation” bankruptcy. It lets qualifying individuals discharge (erase) most unsecured debts — such as credit cards, medical bills, and personal loans — typically within a few months. Florida’s generous exemptions allow most filers to keep their home, car, and essential property. It is the fastest path to a fresh start for people who pass the means test.
What is Chapter 13 bankruptcy?
Chapter 13 is a court-approved repayment plan that reorganizes your debt into affordable monthly payments over three to five years. It is designed for people with regular income who want to keep assets and catch up on missed mortgage or car payments. When the plan is completed, remaining eligible balances are discharged.
What is the difference between Chapter 7 and Chapter 13?
Chapter 7 erases qualifying debt quickly but requires you to pass the means test and may involve non-exempt property. Chapter 13 keeps your assets and stops foreclosure by letting you repay arrears over time through a structured plan. The right choice depends on your income, assets, and goals — we review both options with every client.
Eligibility & the process
Am I eligible for Chapter 7 in Florida?
Eligibility for Chapter 7 is determined by the means test, which compares your household income to the Florida median for your family size. If your income is below the median you generally qualify; if it is above, a more detailed calculation applies. Filers who do not qualify for Chapter 7 can usually file Chapter 13 instead.
What is the 341 meeting of creditors?
The 341 meeting is a required hearing that takes place a few weeks after your case is filed. You meet with the bankruptcy trustee — not a judge — and answer questions under oath about your finances and paperwork. Most meetings last only a few minutes, and creditors rarely attend. We prepare you fully so you know exactly what to expect.
What should I avoid doing before filing for bankruptcy?
Before filing, avoid transferring assets to family, running up new credit card charges, paying back loans to relatives, or cashing out retirement accounts to pay unsecured debt. These actions can complicate or delay your case. Talk to an attorney before making any large financial moves so your filing goes smoothly.
Foreclosure, debt & your credit
Can filing bankruptcy stop a foreclosure in Florida?
Yes. Filing either Chapter 7 or Chapter 13 triggers the automatic stay, which immediately halts foreclosure proceedings, creditor calls, wage garnishment, and lawsuits. Chapter 13 in particular lets you cure past-due mortgage payments over time so you can keep your home. Our foreclosure defense work often begins here.
Which debts are not erased by bankruptcy?
Certain debts generally survive bankruptcy, including most student loans, recent income taxes, child support and alimony, and debts from fraud or willful injury. Secured debts (like a mortgage or car loan) can be discharged, but you must surrender the collateral or keep paying to keep the property. We identify which of your debts are dischargeable during your consultation.
How is debt settlement different from bankruptcy?
Debt settlement negotiates with creditors to accept less than the full balance, without court involvement. It can work for some situations, but it does not stop lawsuits or garnishment, may have tax consequences, and depends on creditors agreeing. Bankruptcy provides court-ordered protection through the automatic stay. We help you compare both approaches.
How long does bankruptcy stay on my credit, and can I rebuild?
A Chapter 7 filing stays on your credit report for up to ten years and Chapter 13 for up to seven — but many clients begin rebuilding within months by budgeting, using a secured card responsibly, and paying on time. Eliminating overwhelming debt often improves your financial standing faster than struggling with unpayable balances.
Have a question that isn’t answered here? Our North Florida bankruptcy attorneys serve Jacksonville and the surrounding area. Contact us for a confidential consultation about Chapter 7, Chapter 13, foreclosure defense, or debt settlement.