Financial challenges can happen for many reasons, including job loss, medical bills, divorce, reduced income, business setbacks, rising living costs, or simply falling behind after an unexpected life event. When debt becomes overwhelming, bankruptcy may offer a structured legal path toward relief and a fresh financial start. It is not a sign of failure.
It is a federal process designed to help individuals and families address unmanageable debt, stop creditor pressure, and begin moving forward with greater stability and confidence.
We handle Chapter 7 and Chapter 13 bankruptcy cases for individuals and families in Orlando and throughout Central Florida. Cases are filed in the Middle District of Florida’s Orlando Division, and we manage every step from the initial consultation through your discharge or confirmed repayment plan.
Call our Orlando office at 407-578-9696 for a free, confidential bankruptcy consultation.
Is Bankruptcy the Right Option for Your Situation?
Bankruptcy makes sense when your debt has outgrown your realistic ability to repay it. If you are only making minimum payments, receiving garnishment notices, or facing foreclosure, the question is not whether you can afford to file. The question is whether you can afford not to.
Filing triggers an automatic stay, which immediately halts most collection activity, garnishments, foreclosures, and creditor harassment. That protection begins the moment your petition is filed, regardless of which chapter you choose.
We review each client’s income, assets, and debt profile before recommending Chapter 7 or Chapter 13. Both are valid tools for different situations, and the right choice depends on your specific numbers and goals.
To consult with an experienced bankruptcy lawyer serving Orlando
(855) 780-9986
Chapter 7 Bankruptcy: Can You Qualify and What Gets Discharged?
Chapter 7 eliminates most unsecured debts, including credit cards, medical bills, and personal loans, through a court-supervised process that typically concludes in three to four months. It is the faster of the two main options and does not require a repayment plan.
To qualify, you must pass the means test. If your income is below the Florida median for your household size, you qualify automatically. If it is above, a second calculation looks at your disposable income after allowable expenses. Many people who assume they earn too much to file Chapter 7 pass the means test once their actual expenses are properly calculated.
Debts that generally cannot be discharged in Chapter 7 include recent federal income taxes, most student loans, child support, alimony, and debts from fraud. We identify non-dischargeable debts before filing so clients have a clear picture of what bankruptcy will and will not resolve.
Chapter 13 Bankruptcy: Keeping Your Home and Restructuring What You Owe
Chapter 13 allows you to keep property you would otherwise lose and repay debts over a three to five year plan approved by the court. It is the right option when you have regular income, want to stop a foreclosure and catch up on mortgage arrears, or cannot qualify for Chapter 7 under the means test.
Foreclosure is one of the strongest reasons Orlando homeowners choose Chapter 13. The automatic stay stops a foreclosure sale immediately. The repayment plan then allows you to bring the mortgage current over the life of the plan while continuing your regular monthly payments.
Chapter 13 also allows you to strip a second mortgage when your home’s value is less than what you owe on the first mortgage, and to pay back taxes, car loans, and other secured or priority debts at a structured rate rather than in lump sums with penalties.
Orlando Bankruptcy Lawyer Near Me
(855) 780-9986
What Does Florida Actually Protect in Bankruptcy?
Florida’s bankruptcy exemptions are among the most generous in the country, and they apply directly to what you can keep when you file. Understanding them is not a technicality. It is the difference between losing an asset and protecting it.
Florida’s key exemptions include:
- Homestead: Unlimited. Florida protects the full equity in your primary residence from creditors in bankruptcy, provided you have owned the property for at least 1,215 days before filing.
- Retirement accounts: Fully protected. IRAs, 401(k)s, 403(b)s, and pension plans are entirely exempt.
- Motor vehicles: Up to $1,000 in equity (or more if you apply the wildcard exemption to your vehicle).
- Personal property: $1,000 in personal property, or $4,000 if you are not claiming the homestead exemption.
- Wages: Head of household wages are generally exempt from garnishment under Florida law.
These exemptions mean most Orlando filers keep everything they own while discharging their unsecured debt. We confirm which exemptions apply to your specific assets before your case is filed.
What the Automatic Stay Stops the Day You File
The moment a bankruptcy petition is filed in the Middle District of Florida, the automatic stay goes into effect. It is immediate and applies to virtually all creditor action.
The automatic stay halts wage garnishments, bank levies, foreclosure proceedings, repossession attempts, collection calls, and most civil lawsuits involving pre-petition debt. A creditor who violates the automatic stay after receiving notice can face sanctions from the bankruptcy court.
The Orlando Division of the U.S. Bankruptcy Court for the Middle District of Florida handles cases filed here. Filing deadlines, trustee assignments, and meeting of creditors schedules are specific to this division. Information about the court, its procedures, and electronic filing requirements is available at flmb.uscourts.gov.
Call 407-578-9696 or contact us online to start your case.
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Who Handles Bankruptcy at Our Orlando Office
Jackie LaVerne, Orlando Bankruptcy Lawyer
James Trammell “Tram” Harper, Jr. is a bankruptcy attorney at Bogin Munns & Munns with more than 25 years of experience focused exclusively on Chapter 7, Chapter 13, debt relief, and mortgage loan modifications in Central Florida.
Before joining our firm, he owned and managed several Central Florida bankruptcy practices, including Harper and Ogden and Harper, Ogden and Bess.
He brings both the procedural knowledge of a long-time Middle District of Florida practitioner and the practical communication style clients rely on when navigating a high-stress financial process.
Jackie LaVerne brings a strategic, client-centered approach to our Orlando probate and estate team. Known for her ability to navigate complex legal processes with clarity and compassion, Jackie is dedicated to ensuring that families understand every step of their case.
Her practice focuses on providing precise, results-driven legal counsel, helping clients manage difficult transitions with professionalism and attention to detail. Whether assisting with estate administration or navigating probate disputes, Jackie is committed to protecting her clients’ interests and providing the clear guidance necessary to secure their family’s future.
Our Orlando office is at 1000 Legion Place, Suite 1000. Consultations are free and confidential.
One client, Roger P., described working with our team this way: “I thought I was in despair the moment when filing for bankruptcy until I contacted Bogin, Munns and Munns. Working with Jackie, I felt like the discharge was a breeze and her team would keep me up to date with any changes or appointments, being very responsive through the process.”
Past results do not guarantee future outcomes. Case results depend on individual facts and circumstances.
Ready to Talk Through Your Options With an Orlando Bankruptcy Attorney?
If you are considering bankruptcy, the conversation does not cost anything. We review your income, debts, and assets, explain which chapter fits your situation, and tell you what you can protect under Florida law, all before you make any decisions.
Our Orlando office is at 1000 Legion Place, Suite 1000. We also serve clients from locations in Kissimmee, Clermont, Daytona Beach, Gainesville, and throughout Central Florida.
Bogin Munns & Munns handles personal injury, criminal defense, immigration, estate planning, real estate, employment law, and workers’ compensation across the region in addition to bankruptcy.
Call 407-578-9696 or contact our Orlando office online for a free bankruptcy consultation.
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