RecaldeFresh Start

Florida bankruptcy counselSe habla español

Debt relief is a legal tool. Not a failure.

Congress wrote the Bankruptcy Code for exactly the situation you are in: honest people and businesses carrying more debt than any reasonable plan can repay. Using it is not giving up. It is pressing reset, with the full force of federal law behind you.

Press reset. Rebuild stronger.

Free and confidential. An attorney reviews and approves your case before any fee is paid. Court costs and filing fees may apply and are explained in writing before any case begins.

The moment you file, the pressure stops.

Filing triggers the automatic stay: garnishments, lawsuits, repossessions, and most collection calls stop immediately. That protection is federal law, 11 U.S.C. § 362, and it takes effect the moment your petition hits the court's docket.

Four doors, one fresh start

Which chapter fits you?

The Bankruptcy Code is not one-size-fits-all. Each chapter is a different tool, built for a different situation. Here is the honest short version.

Chapter 7

Liquidation: a clean break

Who it's for
Households with income below the means test, and filers whose debt is primarily business debt.
How long
About 4 to 6 months from filing to discharge.
What you keep
Property protected by Florida exemptions, which are among the strongest in the country, including the homestead in most cases.
Chapter 13

The plan that saves homes

Who it's for
People with steady income who are behind on a mortgage or car, or who earn too much for Chapter 7.
How long
A 3 to 5 year repayment plan, sized to what you can actually afford.
What you keep
Your home and your car. Chapter 13 lets you catch up arrears over time and stop a foreclosure.
Chapter 11

Business reorganization

Who it's for
Companies, and some individuals with very large debts, that need to restructure and keep operating.
How long
Varies by case. Monthly operating reports keep the court informed throughout.
What you keep
The business keeps running. Management usually stays in place as the debtor in possession.
Subchapter V

Small business, streamlined

Who it's for
Small businesses with total debts under the statutory cap that want Chapter 11 protection without Chapter 11 weight.
How long
Fast by design. Your reorganization plan is due in 90 days.
What you keep
Control. The owner stays in charge, there is usually no creditors committee, and only you can file the plan.

A modern practice

How our process is different

Bankruptcy cases run on paperwork and deadlines. Our process runs them through a secure client portal that treats you like a partner in your own case, with every requirement visible from day one.

1

AI-guided intake

Plain-English questions, in English or Spanish, give you a first read on which chapter fits in about 3 minutes. No legal vocabulary required.

2

Your exact document checklist, up front

Before you ever sit in a waiting room, the portal tells you precisely which documents your case needs. No surprise requests three weeks in.

3

Automatic deadline calendar from day one

Schedules due day 14. The 341 meeting between day 21 and 50. Financial management certificate 60 days after the 341. Monthly operating reports due monthly in Chapter 11 cases. Every date is on your calendar the moment your case opens.

4

Case status visible 24/7

No calling the office to ask what is happening. Log in any time, day or night, and see exactly where your case stands and what comes next.

5

Attorney review before any fee

Rafael Recalde personally reviews and approves your case before you pay anything. If bankruptcy is not the right move for you, we will tell you that too.

6

Bilingual from start to finish

Se habla español. The portal, the paperwork guidance, and the attorney all work in English and Spanish.

No surprises

What you'll need

This is the core list for most consumer cases. When you finish the portal assessment, it becomes a checklist tailored to your exact case, and you can upload everything from your phone.

  • Photo ID and Social Security card
  • Last 6 months of pay stubs
  • Last 2 years of tax returns
  • 3 to 6 months of bank statements
  • A list of your debts and assets (estimates are fine to start)
  • Credit counseling certificate (we send you the approved course link)

Myth-busting

The questions everyone is afraid to ask

Most of what people believe about bankruptcy is decades out of date or simply wrong. Straight answers below.

Will I lose everything?

No. This is the single biggest myth. Florida has some of the strongest exemptions in the country, including the homestead exemption, which can protect your home entirely in most cases. Personal property, retirement accounts, and a portion of vehicle equity are also protected. Most Chapter 7 filers in Florida keep everything they own.

Will I ever get credit again?

Yes. Many filers begin receiving credit offers within months of discharge, because lenders know the old debt is gone and a new filing is barred for years. With disciplined rebuilding, credit profiles can recover meaningfully over the following one to two years, and government-backed mortgage programs have published waiting periods that start at discharge. Every credit history is different, and past results do not predict future outcomes.

Does my employer find out?

Usually not. Bankruptcy is a public court record, but no one notifies your employer in a typical Chapter 7. In Chapter 13, plan payments can sometimes run through payroll, but we can often arrange direct payments instead. And federal law prohibits both government and private employers from firing you because you filed.

Can I keep my car?

Usually yes. If you are current on payments, you can typically keep the car by continuing to pay. If you are behind, Chapter 13 lets you catch up the arrears inside your plan. Florida exemptions also protect a portion of vehicle equity, and in some cases you can redeem the car for its current value.

What is the means test?

It is the income screen for Chapter 7. If your household income is below the Florida median for your household size, you generally pass. If you are above it, a more detailed calculation of your real expenses decides the question. And if your debt is primarily business debt, the means test does not apply at all. The portal runs a preliminary version of this test for you.

Do both spouses have to file?

No. One spouse can file alone. The non-filing spouse's separate debts and credit are not directly affected, and Florida's tenancy by the entireties rules can give married couples additional protection for jointly owned property. Whether to file alone or together is a strategy question we look at carefully.

What does it cost?

There is a court filing fee set by the judiciary (a few hundred dollars) plus attorney fees, which we quote flat and up front after reviewing your portal assessment. In Chapter 13, most attorney fees are paid through the plan itself rather than before filing. You pay nothing until the attorney has reviewed and approved your case. Court costs and filing fees may apply and are explained in writing before any case begins.

How fast does the garnishment stop?

The automatic stay takes effect the moment your petition is filed, by operation of law. We notify your employer's payroll department and the garnishing creditor the same day. The garnishment typically stops with the next pay cycle after payroll receives notice, and wages taken in violation of the stay must be returned. Timing varies by employer, and past results do not predict future outcomes.

Prefer to talk first?

We will call you back.

If forms and portals are not your style, leave your details and a member of the team will reach out. Tell us what is happening in one sentence and we will take it from there, in English or Spanish.

Or call now: (305) 792-9100

Get a callback

Tell us a little and we will call you back, in English or Spanish. Free and confidential.

Court costs and filing fees may apply and are explained in writing before any case begins.

Tonight, the calls can be one decision closer to stopping.

Three minutes in the portal gives you a first read on your options. An attorney reviews everything before you pay a cent.

Free, confidential, no obligation. Se habla español. Court costs and filing fees may apply and are explained in writing before any case begins.