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.
Once a bankruptcy petition is filed, the legal process begins, and the court immediately puts protections in place to ensure the debtor's rights are protected. The most important one is called the automatic stay. This order stops creditors from collecting against you while your bankruptcy case moves forward.
At Fleysher Law, our bankruptcy lawyers help individuals and families across Florida understand what comes next after filing for bankruptcy. From the moment the bankruptcy court receives your paperwork, we’re here to guide you through each step with clarity and support. Regardless of whether you've filed for Chapter 7 or Chapter 13, we're here to guide you toward a fresh financial beginning.
The automatic stay is a legal order issued by the bankruptcy court as soon as your petition is filed. It prevents most creditors from continuing their collection efforts. That means no more phone calls, letters, or wage garnishments while your bankruptcy process moves forward.
Here’s what the automatic stay puts on hold:
In most bankruptcy cases, this protection lasts until the court issues a discharge in bankruptcy or the case is dismissed. For Chapter 13, the stay typically remains in effect during your repayment plan.
However, there are exceptions. If you’ve filed multiple bankruptcies in a short time, the stay may expire after 30 days or not apply at all. Also, it won’t stop actions for child support or certain types of taxes. At Fleysher Law, we’ll review your financial situation and explain what protections apply in your case.
After your bankruptcy filing, the court will appoint a bankruptcy trustee to oversee your case. This person is not a judge—they work under the trustee program and act as a neutral party to review your documents and manage the case under federal bankruptcy law.
The trustee in a Chapter 7 bankruptcy can liquidate your non-exempt assets to satisfy creditor claims. In Chapter 13, the trustee’s job is to collect payments under your repayment plan and distribute them to creditors. Either way, the trustee appointed plays a key role.
You will be required to submit accurate and complete financial records, including pay stubs, tax returns, and bank statements. The trustee may also request clarification on specific debts or transactions prior to the meeting of creditors.
The trustee communicates with creditors and can object to claims or payment terms. At Fleysher Law, we ensure you stay organized and prepared for every request. Your rights and timeline are our priority as we guide you through the bankruptcy process.
Before your bankruptcy case can move forward, you must complete two short courses. The first is a credit counseling course, which must be completed before filing for bankruptcy. The second is a financial management course, which is required after filing.
The bankruptcy code requires these courses to ensure filers understand their options and responsibilities. They must be completed through approved providers and within specific deadlines, usually before your discharge is granted.
These classes cover topics like debt management plans, budgeting, and rebuilding your financial life. They’re simple and affordable, but failure to complete them can lead to case dismissal. Fleysher Law helps you meet every requirement so you stay on track.
Roughly 20 to 40 days after filing, you’ll attend the 341 meeting of creditors. Despite the name, it’s not held in a courtroom. There’s no bankruptcy judge, and no jury. Instead, you meet with your bankruptcy trustee, who leads the session.
Your bankruptcy lawyer can and should be present. The meeting is usually brief and straightforward. Most clients feel more comfortable knowing their attorney is by their side to help with any questions they may have.
The trustee will ask questions about your financial documents, credit report, income, nonexempt property, and any recent transfers. You must answer truthfully under oath. Common questions include:
While creditors are allowed to attend, they rarely do. Still, they have the right to ask questions about your finances or specific debts.
At Fleysher Law, we fully prepare you for this meeting. We review what to expect, go over your paperwork together, and ensure you’re confident and ready.
Secured debts—like your car loan or mortgage—require special attention during bankruptcy. These debts are tied to specific property, known as collateral. You’ll need to decide whether to keep, pay for, or surrender the item.
If you want to keep the property, you may sign a reaffirmation agreement. This means you agree to keep making payments and keep the item. However, you also keep the personal liability for the loan.
If you can’t afford the payments or no longer want the item, you can surrender it. The lender takes it back, and in many cases, the court wipes out your liability on the loan as part of your bankruptcy protection.
Reaffirmation can be risky if your financial situation changes later, but it helps you maintain access to essential items, such as a car. Fleysher Law will walk you through every option and help you decide what’s best for your long-term debt relief.
Once your bankruptcy petition is filed, the automatic stay goes into effect. This means collection efforts must stop immediately. If creditors continue calling or sending letters, they are violating federal bankruptcy law, and you may have legal grounds to take action.
Harassing you after filing bankruptcy is not just unfair—it’s illegal. In some cases, the court grants penalties against creditors who break the rules. This includes ongoing contact regarding credit card debt, medical bills, or other unsecured debts.
At Fleysher Law, we step in quickly when these violations happen. If creditors ignore the stay, we can contact them directly or request that the bankruptcy court intervene on our behalf. Our team protects your rights, allowing you to focus on achieving a fresh financial start.
A single mistake in your bankruptcy filing can slow down your case. Missing financial documents, skipping the means test, or failing to pay the filing fee can all lead to delays or dismissal. The court takes accuracy seriously.
If an issue arises, the court appoints a limited time to resolve it. You may receive a notice from the bankruptcy trustee requesting updates, or a hearing may be scheduled to resolve the issue. Responding quickly is key to keeping your case on track.
That’s why working with a skilled bankruptcy lawyer is so important. At Fleysher Law, we make sure your paperwork is complete and submitted properly, so you avoid unnecessary setbacks and move forward with confidence.
After filing, your case follows a specific timeline set by the United States Courts. Missing a deadline could delay your debt relief or jeopardize your case. Fleysher Law keeps you informed of every important date.
In both Chapter 7 and Chapter 13, creditors or the trustee appointed may object to your bankruptcy discharge. This happens if they believe you're hiding nonexempt assets, committed fraud, or have eligible debts they want excluded.
In Chapter 13 bankruptcy, creditors must file a proof of claim to receive payments through your payment plan. This must be done within a set period after the creditor meeting; otherwise, they may be excluded from the plan.
Our team helps track every deadline—whether it's responding to trustee requests, preparing for a reaffirmation hearing, or addressing objections. With Fleysher Law, you never miss a step in your case.
Generally, no. Once you file, the automatic stay stops most lawsuits. However, under certain conditions, creditors can request the court's permission to continue legal action, particularly if a security interest is at risk.
The court may allow certain lawsuits to proceed if they involve fraud, undue hardship, or if not all debts are dischargeable. This includes some unsecured credit card balances, certain taxes, and other exceptions.
At Fleysher Law, we closely monitor your case. If any lawsuit is filed or continues without court approval, we will take prompt action to protect you. You’ll also receive a free consultation to discuss next steps and your legal options.
When you file for bankruptcy, your assets are divided into exempt and non-exempt property. Exempt property is protected under Florida law, meaning you get to keep it. This includes items such as basic household goods and, in many cases, your primary residence.
In a liquidation bankruptcy like Chapter 7, the trustee oversees your case and may sell your non-exempt assets to repay creditors. The bankruptcy code strictly governs this process, and not all property is subject to it. If there’s nothing to liquidate, your case may be considered a “no asset” case.
In Chapter 13, you don’t have to give up any property. Instead, you repay part of what you owe through a payment plan, and the court reviews it during a confirmation hearing. This type of bankruptcy is ideal for individuals who wish to retain valuable assets while repaying debt over time.
Florida’s homestead exemption is one of the strongest in the country. In many cases, your primary residence is fully protected, allowing you to keep your home while working toward a fresh financial start.
Filing for bankruptcy can affect more than just you, especially if you share debt with someone else. When debts have a co-signer, it’s important to understand how they’re treated under the bankruptcy code.
In Chapter 13, a special rule called the co-debtor stay may protect your co-signer. This prevents creditors from going after them while your payment plan is active. However, the co-signer must continue to be listed on the debt, and specific terms must be adhered to.
In Chapter 7, the court discharges your liability, but creditors can still pursue your co-signer. If only one spouse files, this can impact joint debts. That’s why it’s essential to get legal guidance from Fleysher Law—we’ll help you understand the full effect of bankruptcy on your financial relationships.
Life doesn’t always go as planned, and sometimes you may need to adjust your bankruptcy. Whether you’re changing chapters or ending the case entirely, there are legal options available.
If your financial situation changes, you may be allowed to convert your case from Chapter 13 to Chapter 7, or vice versa. This switch must be approved by the court and comply with the rules set forth in federal bankruptcy law. Fleysher Law can help you weigh the pros and cons.
You may also request a dismissal if you no longer wish to proceed with the case. However, this carries risks. Creditors can resume collection, and protections from the automatic stay may be lost in future filings. That’s why strategic timing matters.
Understanding what bankruptcy means for your goals is key. At Fleysher Law, we guide you through adjustments the right way, minimizing risks and protecting your interests.
A bankruptcy discharge is the final step in your case. When the court grants a discharge, it legally wipes out eligible debts—you are no longer responsible for paying them. This includes most credit card debt, medical bills, and other unsecured debt.
In Chapter 7, discharge typically occurs within three to five months after the creditor meeting. In Chapter 13, it occurs at the end of your repayment plan, which may last three to five years. Before receiving a discharge, you must complete all required steps, including your financial management course.
It’s important to know that not all debts are dischargeable. Student loans (except in rare cases of undue hardship), certain taxes, and child support usually remain. Fleysher Law reviews your full financial profile to clarify what can and cannot be discharged.
Once the discharge is entered, creditors can no longer collect on those certain debts. You get a fresh start, and your focus shifts to rebuilding your future with confidence.
Bankruptcy is not the end—it’s the beginning of a stronger, more stable financial life. Many clients feel relieved after discharge and are ready to take positive steps forward.
Your credit report will show the bankruptcy, but that doesn’t mean you can’t rebuild your credit. Many people qualify for secured credit cards, car loans, or even mortgages within one to two years. Fleysher Law offers practical tips to help you restore credit safely and wisely.
Post-bankruptcy, we help you plan. Building a budget, monitoring expenses, and setting goals will keep you on the right path. These habits protect your progress and help you avoid falling back into debt.
We stay committed to your long-term success. With ongoing support, free consultations, and expert guidance, Fleysher Law remains a trusted partner even after your case ends. Your second chance starts here—and we’re with you every step of the way.
How soon will creditors stop calling me?
Immediately. Once your bankruptcy petition is filed, the automatic stay goes into effect. This stops creditor phone calls, letters, and all collection efforts right away.
Will I have to go to court?
No. Most people do not go before a judge. You’ll only attend a 341 Meeting of Creditors, which is a short session led by your bankruptcy trustee, not in a courtroom.
Can I keep using my bank account?
Yes, but be cautious. If your bank is also one of your creditors, they may freeze your bank account. Always tell your attorney so they can take the right steps.
Do I need to notify my creditors myself?
No. The bankruptcy court automatically notifies creditors. Your bankruptcy lawyer will also make sure every debt is listed to prevent any missed accounts or unwanted contact.
How long until my debts are gone?
In Chapter 7, most eligible debts are discharged within 3 to 5 months. In Chapter 13, you’ll receive your discharge after completing your payment plan.
Just filed for bankruptcy? Don’t go through the next steps alone. Fleysher Law is here to support you from start to finish, including everything that happens after your petition is submitted.
Schedule your free consultation today to get answers, guidance, and peace of mind. Whether you’re managing deadlines, handling trustee requests, or preparing for discharge, we’ll help you through it all.
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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