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How Bankruptcy Can Stop Foreclosure, Repossession, and Wage Garnishment

When bills pile up and creditors start closing in, it can feel like you’re running out of options. If you’re facing the loss of your home, your car, or even part of your paycheck, bankruptcy may provide the immediate protection you need.

The moment you file, a powerful legal tool called the automatic stay goes into effect. This single court order can stop foreclosure, repossession, and wage garnishment in their tracks.

At Parker & DuFresne, we’ve helped thousands of people in Jacksonville use bankruptcy to regain financial control and protect what matters most. Here’s how it works.

The Automatic Stay: Your Immediate Shield

The automatic stay is one of the strongest protections in bankruptcy law.

As soon as your case is filed, creditors must stop all collection activity—including phone calls, lawsuits, letters, and enforcement actions.

This pause gives you breathing room to create a plan and prevents creditors from taking your home, car, or wages while the bankruptcy process unfolds.

Stopping Foreclosure Through Bankruptcy

Foreclosure is one of the most stressful situations a homeowner can face. Filing for bankruptcy puts an immediate stop to foreclosure proceedings, even if the lender has already scheduled a sale date.

  • Chapter 13 bankruptcy is often the best option for homeowners because it allows you to catch up on missed mortgage payments over three to five years. During this time, you remain in your home and make regular payments through a structured repayment plan.

  • Chapter 7 bankruptcy will temporarily halt foreclosure, but it doesn’t provide a long-term way to keep your home if you’re behind on payments.

The key is timing. If you wait until after your home is sold at auction, bankruptcy may no longer save it. Acting quickly can make all the difference.

Preventing Vehicle Repossession

For many families in Jacksonville, a reliable car is essential for work, school, and daily life. Bankruptcy can stop a repossession instantly.

  • In Chapter 13, you can repay missed car payments over time while keeping your vehicle.

  • In some cases, if your car is worth less than what you owe, bankruptcy may allow you to reduce the balance of the loan to the car’s actual value. This process is known as a cramdown, and it can make your car loan much more affordable.

Halting Wage Garnishment

Few things are more discouraging than seeing your paycheck reduced by wage garnishment. If creditors are already taking part of your income, bankruptcy can help.

  • Filing puts an immediate stop to most garnishments, giving you access to your full paycheck again.

  • There are limited exceptions, such as child support and alimony, which bankruptcy cannot stop.

  • For credit cards, medical bills, and other consumer debts, bankruptcy wipes out the obligation entirely once the case is completed.

Why Timing Is Everything

The earlier you take action, the more options you’ll have to protect your assets and finances.

Waiting until after a foreclosure sale, a car repossession, or months of garnished wages can limit what bankruptcy can do for you.

By filing before creditors act, you can use bankruptcy as a tool for prevention, not just damage control.

Choosing the Right Bankruptcy Option

Both Chapter 7 and Chapter 13 offer powerful protections, but they serve different purposes:

  • Chapter 7: Provides a quick discharge of unsecured debts (like credit cards and medical bills) and stops garnishments immediately. However, it may not save a home if you’re behind on your mortgage.

  • Chapter 13: Creates a repayment plan that allows you to catch up on past-due mortgage or car payments while keeping your property. It’s often the best solution for stopping foreclosure or repossession.

At Parker & DuFresne, we’ll evaluate your unique situation and guide you toward the option that best protects your home, car, and paycheck.

Take Control of Your Financial Future

If you’re facing foreclosure, repossession, or wage garnishment, bankruptcy can give you the breathing room you need to rebuild. The automatic stay works immediately, but the sooner you file, the more you can protect.

Don’t wait until it’s too late. Contact Parker & DuFresne today to schedule a consultation and learn how we can help you stop creditor actions and start fresh.

📞 Call us today or request a free consultation online to take the first step toward financial freedom.

 

Where Can I Find Help?

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.

 

Florida Bankruptcy Lawyers

Parker and DuFresne

Parker and DuFresne
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