Expert bankruptcy guides for Florida residents. Chapter 7, Chapter 13, student loans, tax debt, by Steven C. Fraser, Esq.
96 articles
An inheritance, life insurance payout, or divorce property settlement you become entitled to within 180 days after filing bankruptcy belongs to the bankruptcy estate. Here is how the rule works, when the clock really starts in a Florida probate, what you must report and when, and why hiding it costs far more than the inheritance.
October 9, 2026Living in Florida today does not mean Florida's exemptions protect you in bankruptcy. Federal law looks back 730 days, and sometimes further, to decide which state's exemption law applies. Here is how the domicile rule, the homestead cap for newer homes, and federal venue work for people who moved to or away from Florida.
October 7, 2026For Florida borrowers: The Repayment Assistance Plan (RAP) opened July 1, 2026, and SAVE borrowers are now being told to pick a new plan. RAP is usually cheaper for borrowers earning under about $80,000 or supporting dependents. IBR usually wins at higher incomes and forgives in 20 or 25 years instead of 30. And the move is one-way: RAP months do not count toward IBR forgiveness. Here is the side-by-side, and what it means for a Florida bankruptcy budget.
October 5, 2026A registered representative who files bankruptcy does not lose the Series 7, the Series 66, or the Florida securities registration. What happens instead is a 30-day Form U4 amendment, a ten-year BrokerCheck disclosure, and a conversation with compliance. Here is what FINRA (formerly NASD) actually requires, what the firm can and cannot do, and why a debt settlement is disclosed the same way a bankruptcy is.
September 25, 2026Most Florida bankruptcy filers are renters, and the questions are always the same. Can I stay in my apartment? Does the landlord find out? What happens to my deposit? Can bankruptcy stop an eviction? The answers turn on whether the landlord already has a judgment for possession, and on one Florida statute the Bankruptcy Code points to by name.
September 23, 2026Federal law bars Florida licensing boards from denying, revoking, or refusing to renew a professional license solely because you filed bankruptcy, and bars your current employer from firing you for it. It does not stop a private employer from declining to hire you. Here is what each Florida license actually requires and what the Eleventh Circuit has said.
September 21, 2026Chapter 7 does not discharge fines owed to the government, but Chapter 13 discharges civil traffic fines and code enforcement penalties, and federal law forces the state to give back a driver's license it suspended over a discharged debt. Here is the map for Florida drivers with tickets, tolls, and a suspended license.
September 19, 2026A Florida title loan is a lien on your car at rates the Florida Title Loan Act caps at 30 percent, though many lenders structure around the cap. Bankruptcy gives you three exits: redeem the car for its value, cram the loan down in Chapter 13, or surrender it. Here is how each works and how to get a repossessed car back.
September 17, 2026Buy now, pay later loans are unsecured consumer debt and they are discharged in Chapter 7 like a credit card. The catch is timing: purchases made in the 90 days before filing can be presumed fraudulent, and the autopay on a linked debit card does not know you filed. Here is how to schedule BNPL debt correctly in Florida.
September 15, 2026Child support is never discharged in bankruptcy, and the Florida Department of Revenue does not stop collecting when you file. But a Chapter 13 plan can turn a contempt-and-jail problem into a 36 to 60 month catch-up schedule the court enforces on your terms. Here is exactly how support arrears are handled in a Florida Chapter 13.
September 13, 2026Florida sells more timeshares than any other state, and Florida bankruptcy courts see the fallout. Chapter 7 can wipe out the purchase loan and the past-due maintenance fees, but the fees that accrue after you file keep coming until the deed actually leaves your name. Here is how to surrender a timeshare cleanly.
September 11, 2026The Bankruptcy Court for the Southern District of Florida replaced its local rules effective June 1, 2026, cutting 134 rules to 83 and more than 62,000 words to under 21,000. The rules govern pending cases, not just new filings. Here is what changed for Chapter 7 and Chapter 13 debtors and their lawyers.
August 5, 2026Administrative wage garnishment on defaulted federal student loans resumed in January 2026. Florida's head of family exemption does not stop it. Here are the tools that do: hearings, rehabilitation, consolidation, and bankruptcy.
July 8, 2026A Collier County couple says FEMA is garnishing their Social Security over disaster money they never received. Here is how federal benefit offsets work, what is protected, and what Florida residents can do.
July 3, 2026The automatic stay and discharge injunction are two different protections. Florida debtors need to know which violation happened, when it happened, and what evidence proves it.
June 22, 2026Credit reporting during Chapter 13 is messy: debts may be included in a confirmed plan, mortgage payments may be ongoing, and furnishers may still report in ways that create confusion.
June 15, 2026If a Florida employer files bankruptcy while owing wages, commissions, severance, PTO, or benefit contributions, employees may have priority claims, but the protection is capped and date-sensitive.
June 12, 2026Credit report errors before bankruptcy can affect means-test planning, debt schedules, creditor notice, background checks, and the fresh start that comes after discharge.
June 8, 2026A Florida divorce decree divides debt between spouses, but creditors may still collect from the person who signed the account. Bankruptcy can help after divorce.
June 5, 2026After a Florida bankruptcy discharge, creditors and credit bureaus should not keep reporting discharged debts as currently due, past due, charged off, or actively collectible.
June 1, 2026Filing bankruptcy does not automatically cost a Florida defense worker, federal employee, or contractor a security clearance. The real issue is unresolved financial risk.
May 29, 2026A Florida bankruptcy case should stop collection pressure and clean up many debt-reporting problems, but creditors, collectors, furnishers, and credit bureaus still make repeatable mistakes.
May 25, 2026If the IRS has flagged your passport for seriously delinquent tax debt, you're probably focused on how to pay it. But the more important question may be: does all of it have to survive? Not all federal tax debt is permanent, and a conversation with a bankruptcy attorney might change everything you thought you knew.
May 20, 2026The IRS can revoke your passport for seriously delinquent tax debt. What most people don't know is that some of that debt has a legal exit, and it has nothing to do with a payment plan.
May 19, 2026A severance package is a paycheck the means test counts against you. For Spirit Airlines workers in Broward, Miami-Dade, and Palm Beach counties, the right bankruptcy filing depends on household size, the size of the severance, and timing. Here is the working decision tree, with the 2026 Florida median income numbers.
May 6, 2026On Saturday, May 2, 2026, Spirit Airlines ceased operations and 17,000 jobs disappeared overnight. Most of those workers live in Broward, Miami-Dade, and Palm Beach counties. This is the practical financial-and-legal playbook for the week ahead, Florida unemployment, severance and WARN Act claims, mortgage and rent protection, and when bankruptcy is the right tool.
May 4, 20267.7 million federal borrowers are in default, oversight has been gutted, and AI voice cloning is supercharging fraud. Here's what to watch for, and where to get real help.
May 3, 2026SAVE is permanently terminated. Wage garnishment is back. New repayment plans launch July 1. For Florida bankruptcy practitioners and debtors, the question is what changes in the §523(a)(8) discharge analysis, and what the new IDR landscape means for Chapter 13 strategy.
May 1, 2026The 910-day rule, Till interest rate formula, and practical cramdown examples across Florida.
April 4, 2026Cure mortgage arrears over 3-5 years, strip junior liens, and keep your home in Chapter 13.
April 4, 2026Navigate the busiest bankruptcy district in Florida covering four divisions and local procedures.
April 4, 2026Division-specific guide covering the NDFL four divisions, local trustees, and means test thresholds.
April 4, 2026How South Florida high cost of living and condo issues shape Chapter 7 practice in the SDFL.
April 4, 2026Every Florida exemption explained: homestead, personal property, vehicle, wages, retirement, insurance.
April 4, 2026Income-driven repayment coordination, PSLF interaction, and co-debtor stay for parent co-signers.
April 4, 2026How the DOJ attestation process changed student loan discharge and the Brunner test in the 11th Circuit.
April 4, 2026Side-by-side comparison of Chapter 13, IRS installment agreements, and offers in compromise.
April 4, 2026The 3-2-240 rule for tax discharge, priority vs non-priority tax claims, and strategic filing timing.
April 4, 2026Divorce decrees divide debt but do not bind creditors. Learn how Chapter 7 after divorce can help.
April 2, 2026Florida unlimited homestead exemption protects your home equity in bankruptcy with no dollar cap.
April 2, 2026What the 2026 DOJ median income numbers mean for Florida Chapter 7 eligibility.
April 2, 2026Florida's head of household exemption can protect 100% of your wages from garnishment. Learn who qualifies and how to claim it.
March 25, 2026Your Florida bankruptcy discharge is just the beginning. Learn how to rebuild credit, dispute errors, and plan your financial future.
March 10, 2026Florida's tenancy by the entirety protects married couples' assets from individual creditors in bankruptcy. Learn how this exemption works.
February 25, 2026Social Security benefits are fully protected in Florida bankruptcy under 42 USC 407. Learn how to keep your SSI, SSDI, and retirement safe.
February 10, 2026Learn how an emergency bankruptcy filing in Florida can stop foreclosure, garnishment, or repossession the same day with a bare-bones petition.
January 25, 2026IRS tax liens can survive bankruptcy discharge in Florida. Learn how recorded and unrecorded liens are treated and strategies to address them.
January 10, 2026The 2026 federal holiday calendar, when the U.S. Bankruptcy Courts for the Northern, Middle, and Southern Districts of Florida and the federal clerks' offices are closed, and what FRBP 9006(a) does automatically with bankruptcy deadlines that land on those days.
January 5, 2026Life changes during Chapter 13. Learn how to modify your repayment plan under 11 U.S.C. 1329 when income, expenses, or circumstances shift.
December 25, 2025Florida offers unlimited exemptions for life insurance cash value and annuities in bankruptcy under Fla. Stat. 222.14. Learn the rules.
December 10, 2025Learn how Florida and federal law protect you from debt collector harassment, and how bankruptcy's automatic stay provides immediate relief.
November 25, 2025The means test only applies to primarily consumer debtors. Learn how Florida courts classify business vs consumer debt and why it matters.
November 10, 2025A dismissed bankruptcy in Florida does not give you a discharge. Learn about refiling rules, the 180-day bar, and automatic stay limitations.
October 25, 2025Bankruptcy can stop or reverse auto repossession in Florida. Learn about the automatic stay, vehicle recovery, cramdown, and redemption.
October 10, 2025Florida's unlimited homestead exemption can protect your home in Chapter 7, but equity, mortgage status, and residency rules all matter.
September 25, 2025Florida allows legal pre-bankruptcy exemption planning including asset conversion, but timing and good faith matter. Learn the rules.
September 10, 2025Filing bankruptcy in Florida affects co-signers differently in Chapter 7 vs Chapter 13. Learn about the co-debtor stay and protection strategies.
August 25, 2025Florida debtors who cannot complete Chapter 13 plans may qualify for a hardship discharge under 11 U.S.C. 1328(b) if three conditions are met.
August 10, 2025Florida military members have special bankruptcy protections under the SCRA, including stays, interest caps, and means test exclusions.
July 25, 2025Learn how bankruptcy trustees unwind fraudulent transfers under 11 U.S.C. 548 and Florida's UFTA, including badges of fraud and family transfers.
July 10, 2025Waiting periods for FHA, VA, conventional, and USDA mortgages after bankruptcy in Florida, plus credit score requirements and extenuating circumstances.
June 25, 2025Understand how Chapter 13 plan payments are calculated in Florida, including the disposable income test, liquidation analysis, and trustee fees.
June 10, 2025Understand preference payments under 11 U.S.C. 547, the 90-day lookback period, insider transfers, defenses, and how to plan around preferences in Florida.
May 25, 2025Explore Florida bankruptcy options for your mortgage, including reaffirmation, Chapter 13 cure plans, surrender, loan modification, and loss mitigation.
May 10, 2025Guide for self-employed Florida residents filing bankruptcy, covering sole proprietors, LLCs, business assets, income reporting, and Chapter 13 options.
April 25, 2025How Florida bankruptcy protects utility service under 11 U.S.C. 366, including the 20-day rule, adequate assurance deposits, and post-filing obligations.
April 10, 2025Strategic guidance on timing bankruptcy and divorce in Florida, including joint filings, property settlements, and the automatic stay.
March 25, 2025Learn how lien stripping in Florida Chapter 13 bankruptcy can remove second mortgages and junior liens when your home is underwater.
March 10, 2025Learn about the Chapter 7 trustee's role in Florida bankruptcy cases, including asset investigation, no-asset vs. asset cases, and how to work with your trustee.
February 25, 2025Compare debt consolidation and bankruptcy in Florida. Learn the true costs, tax implications, credit impact, and which option works for your situation.
February 10, 2025Florida bankruptcy law protects 401(k)s, IRAs, and pensions with no dollar cap. Learn which retirement accounts are exempt and what risks to avoid.
January 25, 2025Learn how Florida bankruptcy treats HOA and condo association fees, assessment liens, post-petition obligations, and strategic surrender options.
January 10, 2025Understand the waiting periods between bankruptcy filings in Florida: Ch7 to Ch7 (8 years), Ch7 to Ch13 (4 years), and more under 11 U.S.C. 727.
December 25, 2024Will you lose your tax refund in Florida bankruptcy? Learn how trustees treat refunds, pro-rating rules, EITC protections, and timing strategies.
December 10, 2024Filing bankruptcy in Florida stops lawsuits and can eliminate judgments. Learn about the automatic stay, judgment liens, and lien avoidance under 522(f).
November 25, 2024Payday loan debt is dischargeable in Florida bankruptcy. Learn how filing stops the payday loan cycle, collection threats, and post-dated check issues.
November 10, 2024Understand how filing bankruptcy in Florida affects your bank accounts, including freezes, the head-of-household exemption, and how to protect your funds.
October 25, 2024Learn whether you can file bankruptcy without your spouse in Florida, how joint debts are affected, and when individual vs. joint filing makes sense.
October 10, 2024Understand reaffirmation agreements in Florida Chapter 7 bankruptcy, including risks, benefits, the ride-through option, and when signing makes sense.
September 25, 2024Understand how bankruptcy affects your credit score, how long it stays on your report, and proven strategies to rebuild credit to 650+ within two years.
September 10, 2024Learn how credit card debt is treated in Florida bankruptcy, including discharge rules, luxury purchase exceptions, cash advance limits, and balance transfers.
August 25, 2024Learn how filing bankruptcy in Florida stops foreclosure through the automatic stay, and how Chapter 13 lets you cure mortgage arrears over 3-5 years.
August 10, 2024Medical debt is fully dischargeable in Florida bankruptcy. Learn how Chapter 7 and Chapter 13 eliminate hospital bills, medical collections, and related debt.
July 25, 2024Prepare for your 341 meeting of creditors in Florida bankruptcy. Learn what the trustee asks, what documents to bring, and common mistakes to avoid.
July 10, 2024A complete timeline of the Florida bankruptcy process from credit counseling through discharge, covering key milestones in Chapter 7 and Chapter 13.
June 25, 2024Understand your options for keeping a vehicle in Florida bankruptcy, including exemptions, reaffirmation, redemption, cramdown, and surrender.
June 10, 2024Learn how filing bankruptcy in Florida stops wage garnishment immediately through the automatic stay and how the head-of-household exemption protects your income.
May 25, 2024Everything Florida filers need to know about the two required bankruptcy courses: pre-filing credit counseling and post-filing debtor education.
May 10, 2024A full breakdown of Florida bankruptcy costs: Chapter 7 and 13 filing fees, attorney fees, credit counseling, debtor education, and installment options.
April 25, 2024A complete guide to Florida bankruptcy exemptions, including the unlimited homestead, personal property, vehicle, wages, retirement, and insurance protections.
April 10, 2024Find out which debts are dischargeable in Florida bankruptcy and which survive, including credit cards, medical bills, student loans, taxes, and more.
March 25, 2024Step-by-step guide to the Chapter 7 means test in Florida, including income limits by household size, the 6-month lookback, and expense deductions.
March 10, 2024Learn how the automatic stay under 11 U.S.C. 362 immediately stops garnishments, foreclosures, repossessions, lawsuits, and creditor calls in Florida.
February 25, 2024Compare Chapter 7 and Chapter 13 bankruptcy in Florida side by side -- income tests, asset protection, timelines, costs, and which chapter fits your situation.
February 10, 2024Understand how Chapter 13 bankruptcy works in Florida, including the 3-5 year repayment plan, income requirements, debt limits, and asset protection.
January 25, 2024Learn how Chapter 7 bankruptcy works in Florida, who qualifies, what debts get discharged, and how the process typically takes just 90-120 days.
January 10, 2024