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.
Bankruptcy is a legal option that can help you deal with overwhelming debt. Whether it’s credit card debt, personal loans, or missed mortgage payments, the right legal support can make a big difference. Filing for bankruptcy can stop creditor harassment, lawsuits, and wage garnishments.
Fleysher Law Bankruptcy and Debt Attorneys helps individuals and families in Port St. Lucie find relief through the bankruptcy system. We offer legal services designed to reduce stress and help you get a fresh start. Whether you're considering Chapter 7 or Chapter 13, our team provides professional guidance every step of the way.
If you live in Palm Beach County, Treasure Coast, or surrounding areas like West Palm Beach and Indian River, we’re here to help. Let us show you your best options based on your financial situation and the type of bankruptcy that fits your needs.
Bankruptcy is a serious legal step. Working with a bankruptcy attorney ensures you do it right. There are deadlines, paperwork, and court rules that can affect your outcome.
A local Port St. Lucie attorney understands the courts and the process. They can guide you based on your financial situation, your debts over time, and your ability to make a monthly payment under a payment plan.
Fleysher Law Bankruptcy and Debt Attorneys offers initial consultations to help you understand your options. Whether you have secured debt or unsecured debts, or you're trying to protect your home, we’ll work with you.
Hiring the right lawyer gives you a better chance at financial freedom and peace of mind. Don’t face the bankruptcy process alone.
Florida law protects certain property when you file. These are called bankruptcy exemptions. They may include your home, car, personal items, and wages. Knowing how to apply these rules is important. A mistake could cost you the property you didn’t have to lose.
Experienced bankruptcy attorneys know how to apply Florida rules to your case. This includes using the homestead exemption and understanding the value of your assets.
Your bankruptcy lawyer also knows how local courts interpret the law. Each bankruptcy trustee and bankruptcy judge may apply legal provisions slightly differently.
Filing for bankruptcy requires many forms. These include your bankruptcy petition, lists of assets, debts, income, and monthly expenses. Mistakes or missing information can delay your case. Worse, they can lead to dismissal.
An experienced bankruptcy lawyer ensures everything is filed correctly. They manage your paperwork, track deadlines, and handle all required notices. We also prepare you for each step, from your first filing to your meeting of creditors. You won’t have to figure it out alone.
The goal of bankruptcy isn’t to take everything. Florida allows you to keep some property through legal exemptions. These may protect your car, home, wages, retirement accounts, and other items.
Using exemptions properly can mean the difference between keeping or losing property. If your case is a no-asset bankruptcy, you may lose nothing at all. Your lawyer will help make sure your property is protected to the fullest, allowed by law.
One of the biggest benefits of bankruptcy is the automatic stay. This court order stops most collection efforts right away. That includes wage garnishments, bank levies, and lawsuits over credit card debt, student loans, or Tax debt.
Your bankruptcy attorney will notify creditors and file everything needed to activate your protections fast. This gives you temporary relief and the chance to build long-term financial recovery.
Our law firm handles many kinds of bankruptcy cases for individuals and businesses. Here's how we can help.
Chapter 7, also called liquidation bankruptcy, is for people with limited income and high debt. It allows you to erase most unsecured debts like credit cards, medical bills, and personal loans.
It’s a fast process, usually lasting three to four months. In many cases, you won’t lose any property due to Florida’s strong bankruptcy exemptions.
To qualify, you must pass the Chapter 7 Means Test, which compares your income to Florida's median income. This option is great if you have overwhelming debt and little disposable income.
Chapter 13 bankruptcy helps people who have steady income but are behind on mortgage payments, car loans, or secured debt. You repay your debts through a reorganization plan over three to five years. You can also include student loans and Tax debt.
It helps you catch up on missed payments and stop foreclosure. It also lets you combine debts into one monthly payment. We build flexible payment plans based on your income and your financial challenges.
To file for bankruptcy, you must meet certain requirements. These depend on your income, debt levels, and recent financial history.
To file for Chapter 7, you must pass the means test. This compares your household income to Florida's median income. If your income is lower, you qualify. If it's higher, you may still pass if your disposable income is low after household expenses.
Our team reviews your credit report, pay stubs, and other financial records to calculate your eligibility. The test looks at the last six months of income. If your income has dropped, you may qualify now even if you didn’t before.
Chapter 13 is for those with regular income. It requires enough income to cover your monthly payment under the reorganization plan. There are also debt limits. If your secured debt or unsecured debt is too high, you may not qualify.
We’ll check your numbers and show you your options to pay off debt over time with a structured plan.
Before filing, you must take a credit counseling course from an approved provider. This is required under bankruptcy law. The course is short and can often be completed online. It helps you understand your choices and whether debt adjustment is possible.
Your bankruptcy lawyer will make sure this is done properly and on time before your bankruptcy filing.
Here’s what our clients can expect when working with us on a bankruptcy case.
We start with a free call or meeting. During this time, we review your income, debts, and goals. We also explain how the bankruptcy process works and what you might qualify for.
Our goal is to help you understand your choices clearly and give you honest answers. There is no pressure, just facts, and options.
No two cases are the same. We create a custom strategy based on your financial issues, property, and what outcome you want. Whether you want to stop creditor harassment, protect your home, or wipe out unsecured debts, we build the plan around you.
This includes options like Chapter 7, Chapter 13, or other legal guidance based on your case.
We handle all paperwork and file your bankruptcy petition with the court. This includes gathering financial records, listing your type of bankruptcy, and meeting deadlines. We ensure full compliance with bankruptcy courts and local procedures in Palm Beach, West Palm Beach, and Port St. Lucie.
We represent you at every required hearing. The most important is the 341 meeting of creditors. This is where the bankruptcy trustee asks questions about your case. You must attend, but we’ll be there with you. If any other issues arise, we’ll handle them and update you throughout the case.
Many clients ask, "What happens after bankruptcy?" Here's what to expect after your case is complete.
Bankruptcy may hurt your score at first. But once debts are gone, you can start rebuilding. Pay bills on time. Keep balances low on any new credit cards. Check your credit report for accuracy. Many people see improvement within a year.
You can still get approved for credit after bankruptcy. It takes time and smart choices. Some lenders offer secured credit cards or loans for people with recent bankruptcies. In time, with a clean record, you can qualify for car loans or even a mortgage.
No Emergency Fund: Save a small amount each month to cover surprises.
Overspending: Stick to a budget to avoid new debt.
High-Interest Credit Cards: Avoid cards with high rates or hidden fees.
Co-signing Loans: Don’t risk your credit for someone else.
Missed Payments: Set reminders or use auto-pay.
How much does it cost to hire a bankruptcy lawyer in Port St. Lucie?
Fees vary. We offer flexible payment plans and discuss all costs in your first meeting.
Can I file for bankruptcy without a lawyer?
Yes, but it's risky. Mistakes can lead to dismissal. A lawyer improves your chances of success.
Will I lose my home or car if I file?
Not always. Many clients keep their property using bankruptcy exemptions.
How long does bankruptcy stay on my credit report?
Chapter 7 stays for 10 years. Chapter 13 stays for 7. You can still rebuild credit during that time.
Can I include all debts in my case?
Most unsecured debts like credit cards and personal loans are included. Some Tax debt and student loans may not be.
If you're facing debt and need a way out, we can help. Fleysher Law Bankruptcy and Debt Attorneys has helped many clients across Port St. Lucie, Palm Beach, and the Treasure Coast.
We offer compassionate guidance and legal support throughout the bankruptcy process. Whether you're dealing with credit card debt, student loans, or business bankruptcy relief, our team can help.
Call today for your free consultation. We’ll go over your financial situation, your options, and the next best steps. Our goal is to get you lasting financial relief and help you move forward with confidence.
Let a dedicated bankruptcy attorney fight for your peace of mind.
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Port St. Lucie, Fort Pierce,Lakewood Park, Indian River Estates, Fort Pierce North, River Park, White City, Fort Pierce South, St. Lucie Village, and surrounding areas.
Does bankruptcy clear lawyer fees?
You may be ineligible for bankruptcy due to several reasons. These include failing the means test, having received a recent bankruptcy discharge, or not completing mandatory credit counseling. Dishonest actions, significant luxury spending before filing, and having debts that cannot be discharged can also disqualify you. Furthermore, lack of cooperation with the court and specific tax problems may lead to ineligibility.
Can I get my money back from a bankruptcy attorney?
Clients seeking refunds for unsubmitted petitions should first review their retainer agreement for specific terms. Reputable attorneys often refund fees for unfiled documents, as significant work may not have been completed. If difficulties arise, contacting the local bar association for dispute resolution, ethics complaints, or referrals is recommended. Bar associations assist in resolving fee disputes and ensuring ethical practices among attorneys.
Does bankruptcy clear lawyer fees?
Chapter 7 bankruptcy generally allows for the discharge of legal bills, which are classified as unsecured debts. This process can provide financial relief for individuals facing overwhelming legal expenses. However, certain exceptions exist, such as debts resulting from fraud or domestic support obligations. Consulting with a qualified bankruptcy attorney is crucial for personalized guidance and ensuring the best outcome.
How often do bankruptcies get denied?
While the majority of individuals who file for Chapter 7 bankruptcy receive a discharge of their eligible debts, it's important to understand that denials or dismissals of these cases can happen. These outcomes prevent the debtor from receiving the anticipated debt relief and can have significant financial consequences. Several factors can contribute to a Chapter 7 case being denied or dismissed; such as improper filing and qualification issues and issues related to honesty and financial disclosure.
How much cash can you keep when filing Chapter 7?
The information provided pertains to Chapter 7 bankruptcy and cash exemptions, focusing on state-specific laws, particularly California's wildcard exemption. It does not contain information specific to Port St. Lucie, Florida. To understand cash exemptions in a Chapter 7 bankruptcy in Port St. Lucie, Florida, you would need to consult Florida's bankruptcy exemption laws. These laws, including the availability and value of any wildcard exemptions or specific exemptions for cash, would determine how much cash you can protect during the bankruptcy process in that state. Consulting with a qualified bankruptcy attorney in Florida is crucial for understanding the applicable laws and how they relate to your specific financial situation.
What happens to lawsuits when you file for bankruptcy?
The described automatic stay, effective upon bankruptcy filing, broadly prevents creditors from debt recovery actions and halts pending civil lawsuits against the debtor, offering a temporary reprieve to organize finances. This protection, preventing further litigation and judgments, applies across civil suits for the duration of bankruptcy proceedings, though creditors can petition the court for relief under specific circumstances.
Disadvantages of the Bankruptcy Process
Bankruptcy has significant negative consequences for your credit score, lasting for several years. Furthermore, there are mandatory waiting periods between bankruptcy filings. Importantly, student loan debt is generally not dischargeable through bankruptcy.
What would disqualify you from Chapter 7?
An individual is ineligible to file under Chapter 7 or any other chapter if a prior bankruptcy petition was dismissed within the preceding 180 days due to their willful failure to appear in court or comply with court orders, or if the debtor voluntarily dismissed a previous case after creditors sought relief from the automatic stay. This applies in Florida as well.
Is it hard to get a house after bankruptcies?
During this period, borrowers must rebuild their credit and demonstrate responsible financial behavior. While securing a home loan post-bankruptcy can be more difficult, it is achievable. Lenders usually impose a waiting period that differs based on the bankruptcy type and loan type. During this time, prospective borrowers need to repair their credit history and show consistent financial responsibility.
What income is too high for Chapter 7?
Filing Chapter 7 bankruptcy in Port St. Lucie, Florida, requires meeting specific income requirements based on Florida's median income statistics for your household size. Exceeding this median income doesn't necessarily disqualify you; the "means test" assesses your disposable income after deducting allowable expenses. If your disposable income is too low for a Chapter 13 repayment plan, you may still qualify for Chapter 7. While median income is a guideline, a comprehensive evaluation, possibly including the means test, is crucial. Consulting a bankruptcy attorney is highly recommended for accurate assessment and guidance.
Does the trustee monitor your bank account?
In Port St. Lucie, Florida, bankruptcy trustees examine your bank statements to verify the accuracy and completeness of your financial disclosures during the bankruptcy process. This includes reviewing your account balance as of the date you filed, scrutinizing deposits and withdrawals made before and after filing, and identifying any bank accounts or assets that you may not have listed in your bankruptcy paperwork.
What if my Chapter 13 payments are too high?
In Port St. Lucie, Florida, if your Chapter 13 bankruptcy payments become unaffordable, you have options to address this situation. You can petition the court to modify your existing repayment plan, seeking a reduction in your monthly obligations. If a modification is not feasible, you can investigate alternative solutions such as requesting a hardship discharge, which may relieve you of certain remaining debts under specific difficult circumstances. Another possibility is to convert your case from Chapter 13 to Chapter 7 bankruptcy, provided you meet the eligibility requirements for Chapter 7. It is crucial to consult with a bankruptcy attorney in Port St. Lucie to understand the best course of action based on your individual financial situation and the applicable bankruptcy laws in Florida.
What can you not do in Chapter 13?
In Port St. Lucie, Florida, during Chapter 13 bankruptcy, incurring new debt such as credit cards or loans is generally prohibited without court approval. This restriction exists because Chapter 13 involves a structured repayment plan for pre-existing debts. Taking on additional financial obligations could jeopardize the debtor's ability to fulfill the terms of their repayment plan and potentially lead to the dismissal of their bankruptcy case. Therefore, any significant new debt acquisition typically requires prior authorization from the bankruptcy court to ensure it aligns with the established repayment framework.
Can a creditor refuse Chapter 13?
During Chapter 13 bankruptcy in Florida, incurring new debt, such as credit cards or loans, is generally prohibited without court approval. This restriction exists because Chapter 13 involves a structured repayment plan for pre-existing debts. Taking on additional financial obligations could jeopardize the debtor's ability to fulfill the terms of their repayment plan and potentially lead to the dismissal of their bankruptcy case. Therefore, any significant new debt acquisition typically requires prior authorization from the bankruptcy court to ensure it aligns with the established repayment framework.
What is the automatic stay in bankruptcy?
The automatic stay in bankruptcy is a legal order under U.S. bankruptcy law that immediately stops most collection actions against someone who has filed for bankruptcy. This includes lawsuits, foreclosures, and repossession attempts, providing a temporary respite to organize finances during the bankruptcy process.
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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