Can I file Chapter 7 bankruptcy in Florida?

Yes. Florida residents can file Chapter 7 bankruptcy to discharge unsecured debts including credit cards, medical bills, and personal loans. You must pass the Florida means test and complete credit counseling before filing.

What is the difference between Chapter 7 and Chapter 13 bankruptcy?

Chapter 7 eliminates most unsecured debts within 3–4 months but requires passing a means test. Chapter 13 creates a 3–5 year repayment plan that lets you catch up on mortgage arrears, protect non-exempt assets, and restructure certain debts.

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Considering Bankruptcy in Florida? Get Clear Answers Today.

Q: Will bankruptcy stop wage garnishment in Florida?

Yes. Filing for bankruptcy triggers an automatic stay under federal law that immediately stops wage garnishment, collection calls, lawsuits, and most other collection activity.

Written by Blake Stewart | Florida Bar No. 84716 | Admitted 2010 | Florida Bankruptcy & Estate Planning Attorney

Worried about losing your car, home, or paycheck? Many people have more protection than they realize. Florida's bankruptcy exemptions are among the strongest in the nation — and timing matters. The sooner you understand your options, the more you can protect.

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Is Bankruptcy Right for You?

If you're overwhelmed by debt — whether from medical bills, credit cards, job loss, or a business downturn — bankruptcy may be the most powerful legal tool available to you. It's not a failure. It's a legal process specifically designed to give honest, hardworking people a second chance.

At Stewart Law, we guide Brevard County residents through the bankruptcy process with clarity and compassion. We'll explain your options in plain English, help you understand Florida's generous exemptions, and walk you through every step of the filing process.

Florida is one of the best states in the country to file for bankruptcy. The homestead exemption is unlimited (for homes that meet acreage requirements), and there are strong protections for retirement accounts, vehicles, and personal property. Many of our clients are surprised to learn how much they can protect. Can I keep my retirement account if I file bankruptcy in Florida?

Chapter 7 Bankruptcy

The fastest path to debt relief. Most unsecured debts — credit cards, medical bills, personal loans — can be discharged in as little as 3–4 months.

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Chapter 13 Bankruptcy

A structured repayment plan that lets you keep your assets while catching up on mortgage arrears, car payments, and other secured debts over 3–5 years.

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Worth Reading

Why bankruptcy isn't failure — what the Founders actually built

Before the Bill of Rights, the founders wrote bankruptcy into the Constitution on purpose. Blake Stewart on what the fresh start actually means.

Areas We Serve

Stewart Law is based in Melbourne and serves bankruptcy clients throughout Brevard County and Florida.

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Florida Bankruptcy Resource Center

Get clear answers to the questions Florida consumers ask most about Chapter 7, Chapter 13, protecting property, stopping collection activity, and the bankruptcy process.