If you are considering bankruptcy, one of the most common concerns is uncertainty. Many people know they need relief, but hesitate because they do not understand what actually happens after a case is filed.
Bankruptcy follows a structured legal process. When handled correctly, it provides immediate protection and a clear path toward eliminating or reorganizing debt. Understanding the steps can reduce fear and help you decide when to move forward.
After you file for bankruptcy, the court issues an automatic stay that stops most collection activity immediately. Your creditors must cease calls, lawsuits, wage garnishments, and other collection efforts while your case is pending.
A bankruptcy case officially begins when your petition is filed with the bankruptcy court. This filing includes detailed information about income, expenses, assets, and debts.
Accuracy matters. Errors or missing information can delay the case or cause dismissal. A qualified bankruptcy attorney prepares and reviews these documents to ensure compliance with federal and Florida bankruptcy laws.
Once your case is filed, the automatic stay goes into effect by law. This is one of the most powerful protections bankruptcy provides.
The automatic stay typically stops:
Creditors who violate the automatic stay may face penalties.
Most people must attend a short meeting called the meeting of creditors. This meeting is conducted by a bankruptcy trustee, not a judge.
At this meeting:
A bankruptcy attorney prepares you for this meeting and attends with you.
The trustee assigned to your case reviews financial information to ensure accuracy and compliance with bankruptcy rules. In most personal bankruptcy cases, this review is straightforward.
If additional documents are requested, responding promptly is important. An attorney ensures deadlines are met and issues are addressed correctly.
A discharge is a court order that permanently eliminates qualifying debts. Common dischargeable debts include credit cards, medical bills, personal loans, and certain judgments.
Once a debt is discharged, creditors can no longer legally attempt to collect it.
Certain debts may not be discharged, including most student loans, recent taxes, child support, and alimony. A bankruptcy attorney can explain how these debts are treated and whether alternatives exist.
The length of a bankruptcy case depends on the chapter filed.
A bankruptcy attorney can explain which timeline applies to your situation and what to expect at each stage.
Bankruptcy law is detailed and unforgiving. Small mistakes can lead to delays, loss of property, or case dismissal.
A bankruptcy attorney:
At Parker & DeFresne, we represent clients in Jacksonville and throughout Florida, handling the legal process so they can focus on rebuilding their financial lives.
How fast does the automatic stay stop creditors?
In most cases, the automatic stay takes effect immediately after the bankruptcy case is filed. Creditors must stop collection activity as soon as they receive notice.
Do I have to go to court for bankruptcy?
Most people do not appear before a judge. The required meeting of creditors is not a court hearing. A bankruptcy attorney attends with you.
Will my employer find out if I file for bankruptcy?
Employers are not notified unless a wage garnishment is in place. Bankruptcy law prohibits employers from discriminating against someone for filing.
Can creditors still contact me after I file?
Most creditors must stop contacting you once the case is filed. If a creditor continues to call, your bankruptcy attorney can take action to enforce the automatic stay.
What happens if I make a mistake on my bankruptcy paperwork?
Mistakes can cause delays, dismissal, or loss of protection. A bankruptcy attorney reviews all documents to reduce risk and protect your case.
Understanding what happens when you file for bankruptcy is only part of the decision. The next step is knowing which type of bankruptcy fits your situation and goals.
In the next post, we will explain the difference between Chapter 7 and Chapter 13 bankruptcy and how to determine which option is right for you.
Next Post: Chapter 7 vs Chapter 13 Bankruptcy: Which One Is Right for You?
The hardest part of bankruptcy is often making the first call. But if you’re already behind on payments, facing collection lawsuits, or seeing your wages garnished, the sooner you act, the more options you’ll have.
At Parker & DuFresne, P.A., we’ve helped thousands of Floridians protect their homes, cars, and income through timely and well-planned bankruptcy filings. Don’t let hesitation cost you your financial future.
Contact our Jacksonville bankruptcy attorneys today to schedule a consultation. Together, we’ll build a strategy that stops the damage and helps you start fresh — on your terms, and at the right time.
This is not a journey to take lightly, but it is also not one to take alone. If you need to file for bankruptcy, reach out to us today to start your journey with us.
If you want to learn more about the options you have and the steps to take, contact us today for a consultation.
Parker and DuFresne
