Florida Bankruptcy Blog

Expert bankruptcy guides for Florida residents. Chapter 7, Chapter 13, student loans, tax debt — by Steven C. Fraser, Esq.

67 articles

Chapter 13

Chapter 13 Vehicle Cramdown in Florida: How to Reduce Your Car Payment

The 910-day rule, Till interest rate formula, and practical cramdown examples across Florida.

April 4, 2026
Chapter 13

Chapter 13 Bankruptcy in Florida: How to Save Your Home from Foreclosure

Cure mortgage arrears over 3-5 years, strip junior liens, and keep your home in Chapter 13.

April 4, 2026
Chapter 7

Chapter 7 Bankruptcy in Florida Middle District: Tampa, Orlando, Fort Myers

Navigate the busiest bankruptcy district in Florida covering four divisions and local procedures.

April 4, 2026
Chapter 7

Chapter 7 Bankruptcy in Florida Northern District: Jacksonville, Pensacola, Tallahassee

Division-specific guide covering the NDFL four divisions, local trustees, and means test thresholds.

April 4, 2026
Chapter 7

Chapter 7 Bankruptcy in Florida Southern District: Miami, Fort Lauderdale, West Palm Beach

How South Florida high cost of living and condo issues shape Chapter 7 practice in the SDFL.

April 4, 2026
Exemptions

Florida Bankruptcy Exemptions in 2026: Complete Guide Across All Three Federal Districts

Every Florida exemption explained: homestead, personal property, vehicle, wages, retirement, insurance.

April 4, 2026
Student Loans

Managing Student Loans Through Chapter 13 in Florida: Repayment Strategies

Income-driven repayment coordination, PSLF interaction, and co-debtor stay for parent co-signers.

April 4, 2026
Student Loans

Student Loan Discharge in Florida Bankruptcy: The 2026 DOJ Attestation Process

How the DOJ attestation process changed student loan discharge and the Brunner test in the 11th Circuit.

April 4, 2026
Tax Debt

Chapter 13 vs IRS Installment Agreement: Which Tax Resolution Path for Florida Residents?

Side-by-side comparison of Chapter 13, IRS installment agreements, and offers in compromise.

April 4, 2026
Tax Debt

When Can You Discharge Tax Debt in Chapter 7? Florida Three-District Guide

The 3-2-240 rule for tax discharge, priority vs non-priority tax claims, and strategic filing timing.

April 4, 2026
Bankruptcy & Family

Bankruptcy After Divorce in Florida: What Your Divorce Attorney Did Not Tell You

Divorce decrees divide debt but do not bind creditors. Learn how Chapter 7 after divorce can help.

April 2, 2026
Exemptions

Florida Unlimited Homestead Exemption: How to Keep Your Home in Bankruptcy

Florida unlimited homestead exemption protects your home equity in bankruptcy with no dollar cap.

April 2, 2026
Chapter 7

Florida Chapter 7 Means Test: What the Numbers Actually Mean in 2026

What the 2026 DOJ median income numbers mean for Florida Chapter 7 eligibility.

April 2, 2026
Debt Collection

Wage Garnishment Exemptions in Florida: Head of Household Protection

Florida's head of household exemption can protect 100% of your wages from garnishment. Learn who qualifies and how to claim it.

March 25, 2026
Financial Recovery

What Happens After Bankruptcy Discharge in Florida: Your Fresh Start Roadmap

Your Florida bankruptcy discharge is just the beginning. Learn how to rebuild credit, dispute errors, and plan your financial future.

March 10, 2026
Exemptions

Tenancy by the Entirety in Florida Bankruptcy: How Married Couples Protect Assets

Florida's tenancy by the entirety protects married couples' assets from individual creditors in bankruptcy. Learn how this exemption works.

February 25, 2026
Exemptions

Florida Bankruptcy and Social Security Benefits: Full Protection Guaranteed

Social Security benefits are fully protected in Florida bankruptcy under 42 USC 407. Learn how to keep your SSI, SSDI, and retirement safe.

February 10, 2026
Bankruptcy Basics

Emergency Bankruptcy Filing in Florida: Same-Day Protection When Time Is Running Out

Learn how an emergency bankruptcy filing in Florida can stop foreclosure, garnishment, or repossession the same day with a bare-bones petition.

January 25, 2026
Tax Debt

Bankruptcy and IRS Tax Liens in Florida: What Survives Discharge?

IRS tax liens can survive bankruptcy discharge in Florida. Learn how recorded and unrecorded liens are treated and strategies to address them.

January 10, 2026
Chapter 13

Modifying a Chapter 13 Plan in Florida: When Circumstances Change

Life changes during Chapter 13. Learn how to modify your repayment plan under 11 U.S.C. 1329 when income, expenses, or circumstances shift.

December 25, 2025
Exemptions

Life Insurance and Annuities in Florida Bankruptcy: Unlimited Exemption Protection

Florida offers unlimited exemptions for life insurance cash value and annuities in bankruptcy under Fla. Stat. 222.14. Learn the rules.

December 10, 2025
Debt Collection

Debt Collector Harassment and Bankruptcy in Florida: Knowing Your Rights

Learn how Florida and federal law protect you from debt collector harassment, and how bankruptcy's automatic stay provides immediate relief.

November 25, 2025
Bankruptcy Basics

Business Debt vs. Consumer Debt in Florida Bankruptcy: Why the Distinction Matters

The means test only applies to primarily consumer debtors. Learn how Florida courts classify business vs consumer debt and why it matters.

November 10, 2025
Bankruptcy Basics

Dismissed Bankruptcy Cases in Florida: What Happens and Can You Refile?

A dismissed bankruptcy in Florida does not give you a discharge. Learn about refiling rules, the 180-day bar, and automatic stay limitations.

October 25, 2025
Asset Protection

Auto Repossession in Florida: How Bankruptcy Can Get Your Car Back

Bankruptcy can stop or reverse auto repossession in Florida. Learn about the automatic stay, vehicle recovery, cramdown, and redemption.

October 10, 2025
Chapter 7

Can I Keep My Home in Chapter 7 Bankruptcy in Florida?

Florida's unlimited homestead exemption can protect your home in Chapter 7, but equity, mortgage status, and residency rules all matter.

September 25, 2025
Exemptions

Bankruptcy Exemption Planning in Florida: Legal Strategies to Protect Your Assets

Florida allows legal pre-bankruptcy exemption planning including asset conversion, but timing and good faith matter. Learn the rules.

September 10, 2025
Debt Types

Cosigner Debt in Florida Bankruptcy: What Happens to Your Co-Signer?

Filing bankruptcy in Florida affects co-signers differently in Chapter 7 vs Chapter 13. Learn about the co-debtor stay and protection strategies.

August 25, 2025
Chapter 13

Chapter 13 Hardship Discharge in Florida: When You Cannot Complete Your Plan

Florida debtors who cannot complete Chapter 13 plans may qualify for a hardship discharge under 11 U.S.C. 1328(b) if three conditions are met.

August 10, 2025
Bankruptcy Basics

Military Bankruptcy in Florida: Special Protections for Service Members

Florida military members have special bankruptcy protections under the SCRA, including stays, interest caps, and means test exclusions.

July 25, 2025
Chapter 7

Fraudulent Transfers in Florida Bankruptcy: What the Trustee Can Undo

Learn how bankruptcy trustees unwind fraudulent transfers under 11 U.S.C. 548 and Florida's UFTA, including badges of fraud and family transfers.

July 10, 2025
Financial Recovery

Can I Get a Mortgage After Bankruptcy in Florida? FHA, VA, and Conventional Timelines

Waiting periods for FHA, VA, conventional, and USDA mortgages after bankruptcy in Florida, plus credit score requirements and extenuating circumstances.

June 25, 2025
Chapter 13

Chapter 13 Plan Payments in Florida: How Much Will You Pay Each Month?

Understand how Chapter 13 plan payments are calculated in Florida, including the disposable income test, liquidation analysis, and trustee fees.

June 10, 2025
Chapter 7

Preference Payments in Florida Bankruptcy: What Trustees Look For

Understand preference payments under 11 U.S.C. 547, the 90-day lookback period, insider transfers, defenses, and how to plan around preferences in Florida.

May 25, 2025
Foreclosure

Florida Bankruptcy and Your Mortgage: Options for Keeping or Surrendering Your Home

Explore Florida bankruptcy options for your mortgage, including reaffirmation, Chapter 13 cure plans, surrender, loan modification, and loss mitigation.

May 10, 2025
Bankruptcy Basics

Self-Employed Bankruptcy in Florida: What Business Owners Need to Know

Guide for self-employed Florida residents filing bankruptcy, covering sole proprietors, LLCs, business assets, income reporting, and Chapter 13 options.

April 25, 2025
Debt Types

Utility Bills and Bankruptcy in Florida: Keeping Your Lights On

How Florida bankruptcy protects utility service under 11 U.S.C. 366, including the 20-day rule, adequate assurance deposits, and post-filing obligations.

April 10, 2025
Bankruptcy & Family

Bankruptcy and Divorce in Florida: Filing Before, During, or After

Strategic guidance on timing bankruptcy and divorce in Florida, including joint filings, property settlements, and the automatic stay.

March 25, 2025
Chapter 13

Lien Stripping in Florida Chapter 13: Removing Second Mortgages and Junior Liens

Learn how lien stripping in Florida Chapter 13 bankruptcy can remove second mortgages and junior liens when your home is underwater.

March 10, 2025
Chapter 7

What Is a Chapter 7 Trustee and What Do They Do in Florida Bankruptcy?

Learn about the Chapter 7 trustee's role in Florida bankruptcy cases, including asset investigation, no-asset vs. asset cases, and how to work with your trustee.

February 25, 2025
Financial Recovery

Debt Consolidation vs. Bankruptcy in Florida: Making the Right Choice

Compare debt consolidation and bankruptcy in Florida. Learn the true costs, tax implications, credit impact, and which option works for your situation.

February 10, 2025
Exemptions

Protecting Your Retirement Accounts in Florida Bankruptcy: 401(k), IRA, and Pension

Florida bankruptcy law protects 401(k)s, IRAs, and pensions with no dollar cap. Learn which retirement accounts are exempt and what risks to avoid.

January 25, 2025
Debt Types

Florida HOA and Condo Association Fees in Bankruptcy: What You Need to Know

Learn how Florida bankruptcy treats HOA and condo association fees, assessment liens, post-petition obligations, and strategic surrender options.

January 10, 2025
Bankruptcy Basics

How Often Can You File Bankruptcy in Florida? Waiting Periods Explained

Understand the waiting periods between bankruptcy filings in Florida: Ch7 to Ch7 (8 years), Ch7 to Ch13 (4 years), and more under 11 U.S.C. 727.

December 25, 2024
Asset Protection

Bankruptcy and Your Tax Refund in Florida: Will the Trustee Take It?

Will you lose your tax refund in Florida bankruptcy? Learn how trustees treat refunds, pro-rating rules, EITC protections, and timing strategies.

December 10, 2024
Debt Collection

What Happens to Judgments and Lawsuits When You File Bankruptcy in Florida?

Filing bankruptcy in Florida stops lawsuits and can eliminate judgments. Learn about the automatic stay, judgment liens, and lien avoidance under 522(f).

November 25, 2024
Debt Types

Payday Loan Debt in Florida Bankruptcy: Breaking the Cycle

Payday loan debt is dischargeable in Florida bankruptcy. Learn how filing stops the payday loan cycle, collection threats, and post-dated check issues.

November 10, 2024
Asset Protection

How Bankruptcy Affects Your Florida Bank Account: Levies, Freezes, and Protections

Understand how filing bankruptcy in Florida affects your bank accounts, including freezes, the head-of-household exemption, and how to protect your funds.

October 25, 2024
Bankruptcy Basics

Can I File Bankruptcy Without My Spouse in Florida?

Learn whether you can file bankruptcy without your spouse in Florida, how joint debts are affected, and when individual vs. joint filing makes sense.

October 10, 2024
Chapter 7

Reaffirmation Agreements in Florida Bankruptcy: Should You Sign One?

Understand reaffirmation agreements in Florida Chapter 7 bankruptcy, including risks, benefits, the ride-through option, and when signing makes sense.

September 25, 2024
Financial Recovery

Bankruptcy and Your Credit Score: What Really Happens and How to Rebuild

Understand how bankruptcy affects your credit score, how long it stays on your report, and proven strategies to rebuild credit to 650+ within two years.

September 10, 2024
Debt Types

Credit Card Debt in Florida Bankruptcy: What Happens to Your Balances

Learn how credit card debt is treated in Florida bankruptcy, including discharge rules, luxury purchase exceptions, cash advance limits, and balance transfers.

August 25, 2024
Foreclosure

Can Bankruptcy Stop Foreclosure in Florida? How the Automatic Stay Protects Your Home

Learn how filing bankruptcy in Florida stops foreclosure through the automatic stay, and how Chapter 13 lets you cure mortgage arrears over 3-5 years.

August 10, 2024
Debt Types

Can I Discharge Medical Debt in Florida Bankruptcy?

Medical debt is fully dischargeable in Florida bankruptcy. Learn how Chapter 7 and Chapter 13 eliminate hospital bills, medical collections, and related debt.

July 25, 2024
Bankruptcy Basics

The 341 Meeting of Creditors in Florida Bankruptcy: What to Expect

Prepare for your 341 meeting of creditors in Florida bankruptcy. Learn what the trustee asks, what documents to bring, and common mistakes to avoid.

July 10, 2024
Bankruptcy Basics

Filing Bankruptcy in Florida: A Step-by-Step Timeline from Start to Discharge

A complete timeline of the Florida bankruptcy process from credit counseling through discharge, covering key milestones in Chapter 7 and Chapter 13.

June 25, 2024
Asset Protection

Can I Keep My Car in Florida Bankruptcy? Vehicle Options in Chapter 7 and Chapter 13

Understand your options for keeping a vehicle in Florida bankruptcy, including exemptions, reaffirmation, redemption, cramdown, and surrender.

June 10, 2024
Debt Collection

Stopping Wage Garnishment in Florida: How Bankruptcy Provides Immediate Relief

Learn how filing bankruptcy in Florida stops wage garnishment immediately through the automatic stay and how the head-of-household exemption protects your income.

May 25, 2024
Bankruptcy Basics

Pre-Bankruptcy Credit Counseling and Debtor Education in Florida: What You Need to Know

Everything Florida filers need to know about the two required bankruptcy courses: pre-filing credit counseling and post-filing debtor education.

May 10, 2024
Bankruptcy Basics

How Much Does Bankruptcy Cost in Florida? Filing Fees, Attorney Fees, and Hidden Costs

A full breakdown of Florida bankruptcy costs: Chapter 7 and 13 filing fees, attorney fees, credit counseling, debtor education, and installment options.

April 25, 2024
Exemptions

Florida Bankruptcy Exemptions: What Property You Can Keep When You File

A complete guide to Florida bankruptcy exemptions, including the unlimited homestead, personal property, vehicle, wages, retirement, and insurance protections.

April 10, 2024
Bankruptcy Basics

What Debts Can Be Discharged in Florida Bankruptcy?

Find out which debts are dischargeable in Florida bankruptcy and which survive, including credit cards, medical bills, student loans, taxes, and more.

March 25, 2024
Chapter 7

How to Pass the Florida Chapter 7 Means Test: Income Limits and Calculations

Step-by-step guide to the Chapter 7 means test in Florida, including income limits by household size, the 6-month lookback, and expense deductions.

March 10, 2024
Bankruptcy Basics

The Automatic Stay in Florida Bankruptcy: How It Stops Creditors Immediately

Learn how the automatic stay under 11 U.S.C. 362 immediately stops garnishments, foreclosures, repossessions, lawsuits, and creditor calls in Florida.

February 25, 2024
Bankruptcy Basics

Chapter 7 vs. Chapter 13 in Florida: Which Bankruptcy Chapter Is Right for You?

Compare Chapter 7 and Chapter 13 bankruptcy in Florida side by side -- income tests, asset protection, timelines, costs, and which chapter fits your situation.

February 10, 2024
Chapter 13

What Is Chapter 13 Bankruptcy? How Florida's Repayment Plan Works

Understand how Chapter 13 bankruptcy works in Florida, including the 3-5 year repayment plan, income requirements, debt limits, and asset protection.

January 25, 2024
Chapter 7

What Is Chapter 7 Bankruptcy? A Plain-English Guide for Florida Residents

Learn how Chapter 7 bankruptcy works in Florida, who qualifies, what debts get discharged, and how the process typically takes just 90-120 days.

January 10, 2024