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Most of what people believe about bankruptcy is decades out of date or simply wrong.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