If you’re struggling with overwhelming debt, constant creditor calls, or the threat of foreclosure, bankruptcy may be the lifeline you need. For many Floridians, filing for bankruptcy offers a powerful way to stop collection actions, eliminate certain debts, and rebuild financial stability.
At Parker & DuFresne, we’ve helped thousands of people in Northeast Florida—including Jacksonville, St. Augustine, and the surrounding areas—find relief through bankruptcy.
Below, we’ll walk you through what happens during a typical personal bankruptcy case in Florida, step-by-step, so you’ll know exactly what to expect.
Bankruptcy is a federal legal process, meaning the same basic rules apply across the country. However, Florida law controls which assets you can protect—known as exemptions—so where you live can make a big difference in how your case proceeds.
In Florida, individuals typically file under one of two main types of personal bankruptcy:
Chapter 7 Bankruptcy (Liquidation): This type allows you to eliminate most unsecured debts—such as credit cards, medical bills, and personal loans—within a few months. It’s best suited for people with limited income and few assets.
Chapter 13 Bankruptcy (Reorganization): This chapter helps you catch up on missed mortgage or car payments through a three- to five-year repayment plan. It’s ideal for homeowners or anyone with steady income who wants to protect their property.
Both chapters stop creditor harassment immediately through a powerful court order called the automatic stay. This protection halts lawsuits, wage garnishments, foreclosures, and most collection calls as soon as you file.
Your first step is to meet with an experienced Florida bankruptcy attorney. An attorney helps you determine which chapter fits your financial situation and ensures you qualify under Florida’s laws. The attorneys at Parker & DuFresne will also explain which of your assets can be protected and guide you in gathering the documentation needed for filing.
You’ll need to provide your attorney with:
Recent pay stubs or proof of income
Tax returns (usually for the past two years)
Bank and retirement account statements
Credit card and loan statements
Vehicle titles and real estate documents
A list of monthly living expenses
Accurate documentation helps your attorney prepare complete, error-free bankruptcy forms—critical for avoiding delays or objections.
Federal law requires all bankruptcy filers to complete a credit counseling course from an approved agency within 180 days before filing. The course is brief (usually about an hour) and can be done online or by phone. You’ll receive a certificate that must be included in your bankruptcy petition.
To qualify for Chapter 7, you must pass the means test, which compares your income to Florida’s median income for your household size. If your income is below the median, you likely qualify. If it’s higher, additional calculations determine whether you can still file under Chapter 7.
Or, if you do qualify, most of your unsecured debts will be discharged, allowing you to start over financially. In many Florida Chapter 7 cases, people keep all of their property because of Florida’s generous exemption laws.
If you don’t qualify for Chapter 7—or if you have significant assets you want to protect—Chapter 13 may be your best option. In this chapter, you’ll propose a repayment plan to pay back all or part of your debts over time. Your attorney works with you to design an affordable plan based on your income and expenses.
Florida offers some of the strongest bankruptcy exemptions in the country. These laws determine what property you can keep. Key Florida exemptions include:
Homestead Exemption: Florida’s most powerful protection. You can protect an unlimited amount of equity in your primary residence, as long as your home is located on no more than half an acre within a municipality or up to 160 acres elsewhere.
Personal Property Exemption: Up to $1,000 in personal property ($4,000 if you don’t use the homestead exemption).
Motor Vehicle Exemption: Up to $1,000 in vehicle equity.
Wages, Retirement, and Benefits: Many types of retirement accounts, life insurance cash values, and certain wages are exempt.
Because Florida’s exemption laws are so favorable, most people who file for bankruptcy in Florida keep their home, car, and personal property. Your attorney will ensure you maximize these protections.
Once all paperwork is ready, your attorney will file your bankruptcy petition and supporting documents with the U.S. Bankruptcy Court for the Middle District of Florida, which covers Jacksonville and much of Northeast Florida.
When your petition is filed:
The automatic stay takes effect immediately, halting creditor actions.
The court appoints a bankruptcy trustee to review your case.
You’ll receive a case number and a notice of your 341 Meeting of Creditors, typically scheduled within 30–45 days.
You’ll also pay the federal filing fee—currently around $338 for Chapter 7 and $313 for Chapter 13. In some cases, you may qualify to pay in installments or apply for a waiver.
The trustee is responsible for reviewing your paperwork, verifying your information, and identifying any non-exempt assets that might be sold in Chapter 7. In Chapter 13, the trustee oversees your repayment plan and distributes your monthly payments to creditors.
About one month after filing, you’ll attend the Meeting of Creditors, also known as the 341 meeting. This is an informal meeting (not a court hearing) where the trustee asks you questions about your finances. Creditors rarely attend. Your attorney will be there to guide you and ensure you’re prepared.
As long as your forms are accurate and complete, this meeting is typically short and straightforward.
After filing, you must complete a debtor education course before you can receive a discharge. This course focuses on budgeting and responsible credit use, helping you manage finances after bankruptcy. Once completed, you’ll file your certificate with the court.
Occasionally, the trustee or a creditor may raise objections—for example, disputing an exemption or questioning a recent financial transaction. Your attorney handles these matters, files any necessary motions, and advocates on your behalf before the court.
Once all requirements are met, the court issues a discharge order, permanently eliminating your personal liability for qualifying debts.
In Chapter 7, this typically happens about three months after your 341 meeting.
In Chapter 13, it occurs after you successfully complete your repayment plan—usually three to five years later.
Your discharge prevents creditors from attempting to collect discharged debts. However, some debts—like child support, certain taxes, and most student loans—cannot be discharged.
Once discharged, your case will be closed, and you’ll begin the process of rebuilding credit. A Chapter 7 bankruptcy remains on your credit report for up to 10 years, while Chapter 13 stays for seven years. However, most filers begin improving their credit long before that.
After your bankruptcy, you’ll have a clean slate to rebuild your financial life. Many clients describe the process as liberating—a chance to breathe again without constant financial stress. To move forward confidently:
Monitor your credit report and ensure discharged debts are correctly listed.
Pay all future bills on time.
Use credit responsibly, starting with secured credit cards or small loans.
Avoid taking on unnecessary debt.
Work with your attorney or a financial advisor to create a sustainable budget.
With time, consistency, and discipline, your credit and financial confidence can fully recover.
Florida’s bankruptcy process offers significant advantages, but it also involves complex paperwork, deadlines, and local court rules. An experienced Florida bankruptcy attorney ensures your case is handled correctly, your rights are protected, and you keep as much of your property as possible.
At Parker & DuFresne, our attorneys have decades of combined experience guiding Jacksonville residents through Chapter 7 and Chapter 13 bankruptcy. We understand the local court system, the Florida exemption laws, and the emotional challenges that come with financial hardship.
From your first consultation to the day your debts are discharged, our goal is simple: to help you achieve lasting financial freedom with dignity and confidence.
The personal bankruptcy process in Florida may seem intimidating, but with the right attorney and proper preparation, it can be a life-changing experience. You’ll gain immediate relief from debt collection, protect your most important assets, and take the first step toward rebuilding your future.
If you’re considering bankruptcy in Jacksonville or anywhere in Northeast Florida, Parker & DuFresne is here to help. Our team will explain your options, prepare your case with precision, and stand by your side every step of the way.
You deserve a fresh start—let us help you take it.
Dealing with bankruptcy doesn’t have to be a single-person job. The bankruptcy lawyers at Parker & DuFresne will help you determine the best course of action to help you get out from under your debt and move forward to a debt-free future.
Call today at 904-733-7766 for a free consultation, or click the button at the top of the page to schedule online.
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