This page was written, edited, reviewed & approved by Emil J. Fleysher following our comprehensive editorial guidelines. Emil J. Fleysher, the Founding Partner, has 15+ years of legal experience as a bankruptcy attorney. Our last modified date shows when this page was last reviewed.
If you are facing financial struggles, a bankruptcy attorney can help you get a fresh start. Filing for bankruptcy can stop foreclosure, protect your assets, and reduce unsecured debts. Whether you're dealing with credit card debt, personal loans, or other financial problems, Fleysher Law Bankruptcy & Debt Attorneys can guide you through the process.
Our Deerfield Beach law firm is committed to providing you with personalized, effective solutions. We help you understand options and create a strategy for debt relief. With our experience, we work to protect your financial future and get you back on the right track.
Contact our Deerfield Beach Bankruptcy lawyer for a free consultation to learn more about how we can help you navigate your financial challenges.
Bankruptcy is a legal process that helps individuals and businesses who can no longer repay their unsecured debts. By filing for bankruptcy, you can eliminate or reorganize your debt, depending on the type of bankruptcy you file. This process provides debt relief and can stop creditors from taking action against you.
When you file for bankruptcy, it creates an automatic stay, meaning creditors must stop any collection actions, including foreclosure and wage garnishment. However, it also has some downsides. Filing for bankruptcy can affect your credit score and make it harder to borrow money in the future.
Despite these drawbacks, bankruptcy offers an opportunity for individuals to achieve a debt-free future and regain control of their finances. Consulting with an experienced bankruptcy attorney can help you determine the best course of action.
Chapter 7 bankruptcy is known as liquidation bankruptcy. It allows individuals to eliminate most of their unsecured debts, such as credit card debt and medical bills, without the need for a repayment plan. This process is quick, typically lasting around 3 to 6 months, and provides a debt relief solution for individuals with limited income and significant financial challenges.
In Chapter 7, the bankruptcy trustee may sell nonexempt property to pay back unsecured creditors. However, many people filing for Chapter 7 bankruptcy can keep their property by using exemptions under state or federal law.
While Chapter 7 offers a fresh start, not everyone qualifies. If your income is too high, you may not be eligible. In such cases, Chapter 13 bankruptcy may be a better option.
Chapter 11 bankruptcy is primarily for businesses but can also apply to individuals with very high debts. It allows the debtor to reorganize their debts and continue operating while repaying creditors over time. Unlike Chapter 7, Chapter 11 allows the debtor to keep their property and assets while they work out a repayment plan with creditors.
Under Chapter 11 bankruptcy, the business or individual proposes a plan to repay debts based on their income, assets, and financial situation. This type of bankruptcy is more complex and expensive, involving significant paperwork and legal proceedings.
Chapter 11 is ideal for those who need to reorganize and restructure large debts, such as business debts or mortgage arrears while continuing to maintain their operations and earning potential.
Chapter 13 bankruptcy is for people who have a steady income but need help with unsecured debts, like credit card debt and medical bills. It allows you to keep your property, like your house and car, while making monthly payments to catch up on your debts. The payments last 3 to 5 years.
In Chapter 13, you make a plan to pay off what you can, and the rest of your unsecured debt may be forgiven after the plan ends. Your monthly payments will depend on your income, expenses, and what you owe.
This type of bankruptcy helps people who don’t qualify for Chapter 7 but still need help getting their finances back on track. A bankruptcy lawyer can help you create a payment plan and guide you through the process.
A bankruptcy lawyer helps you know the bankruptcy process and make the best choices. Some of the ways a bankruptcy attorney helps are:
A bankruptcy lawyer gives you advice about your financial situation and helps you decide if bankruptcy is the right choice. They explain the process clearly so you understand your options. They also tell you what to expect and guide you every step of the way.
Your lawyer helps you decide if Chapter 7 or Chapter 13 bankruptcy is better for your case. They will help you address unsecured debts and priority debts. Having a lawyer gives you confidence and ensures everything is done correctly.
Filing for bankruptcy involves a lot of paperwork. A bankruptcy attorney helps you fill out all the forms and gather the documents you need, like your income and debt information. They make sure everything is accurate and complete before it’s filed with the bankruptcy court.
Your lawyer will handle the paperwork for you, so you don’t have to worry about missing anything important. They also file everything on time to avoid delays in your bankruptcy case.
A bankruptcy lawyer also represents you in court. They speak for you during hearings and help you answer any questions. If creditors challenge your bankruptcy case, your lawyer will protect your rights and work to resolve any issues.
Having a seasoned lawyer means you’re less likely to make mistakes. They know the rules and will make sure you have the best chance for a debt-free future.
What is bankruptcy litigation, and do I need to worry about it?
Bankruptcy litigation involves disputes in bankruptcy court. This may happen if creditors challenge your bankruptcy case or if there are disagreements about how to handle your debts. A bankruptcy attorney can help you with these issues and protect your rights.
How do I know if I need legal strategies for my bankruptcy case?
A competent attorney will evaluate your financial situation and use legal strategies to help you get the best result. They will decide the best approach for your case, whether it’s Chapter 7 or Chapter 13, and how to protect your assets and manage your debts.
Can a bankruptcy lawyer help with foreclosure defense?
Yes! If you’re facing foreclosure in Boca Raton, Fort Lauderdale, or Palm Beach County, a bankruptcy attorney can help stop it. They can use bankruptcy as a tool to delay or stop foreclosure and help you keep your home.
How does a bankruptcy lawyer help in Broward County or Palm Beach County?
A bankruptcy lawyer in Broward County or Palm Beach County is familiar with local rules and bankruptcy litigation in the area. They know how to deal with local bankruptcy court procedures and work to get the best possible outcome for you.
Why should I choose a local bankruptcy lawyer in Deerfield Beach?
Hiring a local bankruptcy lawyer means you get personalized attention. Many clients prefer local lawyers because they are familiar with the local courts and legal strategies that work best in your area. They can guide you through the entire bankruptcy process and provide a strong defense against creditors.
If you are struggling with debt, an experienced Florida bankruptcy attorney can help you find the best path forward. Fleysher Law Bankruptcy & Debt Attorneys offer a free consultation to review your financial situation and explain your options. We work with clients in Deerfield Beach, Boca Raton, Fort Lauderdale, and surrounding areas.
Our reliable bankruptcy attorney will guide you through the bankruptcy process, helping you understand your rights and how to protect your assets. We are dedicated to providing debt relief and helping you get a fresh financial start.
Contact us today for your free consultation, and let us help you build a debt-free future.
Fort Lauderdale, Pembroke Pines, Hollywood, Miramar, Coral Springs, Pampano Beach, Davie, Sunrise, Plantation, Deerfield Beach, and surrounding areas.
What is the income limit for Chapter 7 in Florida?
To file for Chapter 7 bankruptcy, your total monthly income over the next 60 months must be less than $7,475. If your income exceeds $12,475, you are not eligible to file for Chapter 7. If your income falls between these amounts, you may need to take a means test.
What assets do you lose in Chapter 7 in Florida?
The trustee can seize items such as computers, musical instruments, fine clothing, and jewelry to pay off creditors. However, you will have the option to keep these items by paying their current used or pre-owned value, which could be significantly lower than their original price.
How long does bankruptcy take in FL?
The duration of bankruptcy proceedings depends on the chapter filed. A Chapter 7 bankruptcy typically concludes in less than a year, while a Chapter 13 bankruptcy can last between three and five years.
How much cash can you keep when filing Chapter 7 in Florida?
In Florida, if you file for Chapter 7 bankruptcy, only $1,000 of your personal property is exempt from liquidation. This means that if you have $5,000 in the bank, $4,000 of it could be seized and sold to pay your creditors. Any other valuable property you own may also be subject to liquidation.
What is the minimum amount of debt for Chapter 7?
The U.S. bankruptcy code does not have a minimum dollar amount of debt required to file for bankruptcy. Any amount of debt is sufficient for filing. The size of your income is more important than the size of your debt when determining your eligibility for Chapter 7.
Can I keep my house if I file Chapter 7 in Florida?
While federal law governs bankruptcy, state law also plays a role. For example, due to Florida's generous homestead exemption, filing for bankruptcy in Florida allows you to keep your home.
Can I keep my car if I file Chapter 7 in Florida?
In Florida, if your car is worth $7,000, and the exemption limit is $5,000, you might only need to sell or surrender $2,000 worth of assets. This is due to the $5,000 exemption you can claim against the value of your vehicle.
How do I file Chapter 7 with no money in Florida?
The bankruptcy court filing fee for Chapter 7 bankruptcy is $338 across the United States. If this fee poses a financial hardship, you can apply for a fee waiver. The court will approve your request if your income is below 150% of the federal poverty guidelines.
What should I do with all my money Chapter 7?
Chapter 7 is designed to provide you with a fresh start, not leave you impoverished. Therefore, if an item, such as property, an investment, or cash, is "exempt" under bankruptcy exemption laws, you are allowed to keep it.
Is Florida debt relief real?
If you're feeling overwhelmed by debt in Florida, there are a number of organizations that can help, including banks, credit unions, online lenders, and both for-profit and nonprofit debt-relief companies.
Can I file bankruptcy myself in Florida?
If you decide to file for bankruptcy without a lawyer (pro se), you must adhere to all federal and local court laws and regulations. You must also utilize the required federal and local forms, which can be obtained from the clerk's office or the court's website.
What is the difference between Chapter 7 and 13?
Chapter 13 requires more repayment effort than Chapter 7, but you will be able to keep more of your assets. While Chapter 7 will discharge your debt, you will be required to liquidate your assets. If you want to keep your possessions, Chapter 13 may be a better option.
What is the income cut off for Chapter 7 in Florida?
The current median income limits for single-earner households in Florida as of February 2025 are $63,916 for a one-person household and $78,785 for a two-person household.
How long does Chapter 7 take in Florida?
The Chapter 7 bankruptcy process usually takes around four to six months to finish from the filing date. However, the timeframe can change depending on the complexity of your finances and the bankruptcy court's workload.
Can you back out of Chapter 7?
Dismissal of a Chapter 7 bankruptcy filing is not an automatic right. It depends on a number of factors, such as whether you possess nonexempt assets and if the dismissal would be detrimental to your creditors.
Emil specializes in consumer bankruptcy, debt settlement, and mortgage modification, offering a holistic approach to solving mortgage and debt problems. Emil listens to clients, understands their circumstances and goals, and helps them make the right choices by presenting all options and contingencies.
He is dedicated to helping South Floridians regain their financial freedom from overwhelming debt caused by high interest credit cards, bad mortgage loans, and uninsured medical expenses.
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