Important: This article is for informational purposes only and does not constitute legal advice. The discussion of whether to hire a bankruptcy lawyer is general in nature and not a recommendation for your specific situation. Bankruptcy laws are complex and vary by case, and this article does not substitute for professional legal counsel. Reading this article does not create an attorney-client relationship. Consult a qualified attorney for advice specifically for your circumstances.

Struggling with finances can feel overwhelming. If you’re dealing with relentless collection calls, mounting debt, or simply looking for a way to regain control of your finances, you may be considering bankruptcy as a solution. The big question is: Do you need a lawyer to file for bankruptcy in Florida, or can you file on your own?

The short answer? If you want to go through the process smoothly, avoid costly mistakes, and maximize your financial relief, hiring a Florida bankruptcy lawyer is highly recommended. This isn’t just about checking the right boxes on some forms—bankruptcy law is complex, and having professional legal guidance can mean the difference between a successful discharge and a case dismissal.

Let’s look at why having professional representation for your case is important—and what’s at stake when filing on your own.

What Happens Exactly When You File for Bankruptcy in Florida?

Filing for bankruptcy is a structured legal process with important implications. Bankruptcy law is primarily governed by federal statutes, specifically Title 11 of the United States Code, which outlines the rules for both Chapter 7 (11 U.S.C. § 701-784) and Chapter 13 (11 U.S.C. § 1301-1330) bankruptcies. (See: Chapter 7 vs Chapter 13)

However, Florida has its own set of laws that impact bankruptcy cases, particularly when it comes to exemptions. For instance, under Florida Statutes § 222.01 and § 222.02, the state provides one of the strongest homestead exemptions in the country, allowing residents to protect an unlimited amount of equity in their primary residence, provided they meet residency and acreage requirements.

Additionally, Florida Statute § 222.25(4) allows filers who do not claim a homestead exemption to protect up to $4,000 in personal property.

Having an awareness and understanding of state-specific protections like these—along with federal bankruptcy laws—is critical for ensuring the best possible outcome in your case, which is why professional legal guidance is so valuable. Here’s what to expect when you file:

1. Immediate Relief: The Automatic Stay

As soon as you file, the automatic stay goes into effect, legally halting creditor actions against you. This means:

• No more collection calls
• No wage garnishments
• No lawsuits over unpaid debts

For many Floridians, this immediate relief alone can provide some much-needed breathing room.

2. Choosing Between Chapter 7 and Chapter 13

Most individuals file under one of two types of bankruptcy:

• Chapter 7 (Liquidation Bankruptcy): If your income is below a certain threshold, this option allows for the discharge of unsecured debts—such as credit cards, medical bills, and personal loans. Some assets may be liquidated to repay creditors, but Florida’s homestead exemption often protects your primary residence.
• Chapter 13 (Repayment Plan Bankruptcy): Designed for people who earn too much for Chapter 7 but still need debt relief. Instead of immediate discharge, you’ll follow a court-approved repayment plan lasting 3 to 5 years, allowing you to catch up on overdue mortgage payments, car loans, and other debts while keeping your assets.

3. Appointment of a Bankruptcy Trustee

Once you file, the court assigns a trustee to oversee your case. Their role depends on the type of bankruptcy you file:

• Chapter 7 Trustee: Reviews your assets and determines if anything can be sold to pay creditors.
• Chapter 13 Trustee: Ensures you follow the repayment plan and distribute payments to creditors accordingly.

4. Expect Creditor Challenges

Filing for bankruptcy doesn’t mean creditors automatically accept the outcome. They have the right to object if they believe a debt shouldn’t be discharged or if there are errors in your filing. They will often have multiple attorneys working on their behalf—so having legal representation of your own is essential to protecting your interests.

Bankruptcy is a powerful tool for financial recovery, but the process involves strict legal requirements, court oversight, and potential challenges from creditors. Having an experienced attorney can help ensure everything is handled correctly, maximizing your financial relief while avoiding costly missteps.

Why You Need a Bankruptcy Lawyer in Florida

1. Florida Has Some of the Most Unique Bankruptcy Laws in the Country

Bankruptcy is federal, but every state has its own twists. Florida’s homestead exemption is one of the best in the U.S.—you can protect unlimited equity in your primary home, but only if you meet certain conditions. If the paperwork is not filled out correctly, you could lose that protection. A lawyer can help make sure that doesn’t happen.

2. Avoid Costly Mistakes That Can Get Your Case Dismissed

Filing for bankruptcy is a complex legal process that requires precise paperwork, deadlines, and legal strategy. If you file incorrectly, forget to disclose an asset, or fail the means test for Chapter 7, your case can be dismissed.

3. Protect Your Assets (And Your Future Credit)

A bankruptcy lawyer isn’t just there to file forms. They strategize to protect your assets, minimize the long-term damage to your credit, and ensure you get the best possible outcome. Maybe you have a car you need to keep for work. Maybe you’re worried about your retirement accounts. A lawyer helps you navigate all of it.

4. Creditors Will Try to Get Around the System—A Lawyer Fights Back

Creditors will look for ways to challenge your discharge, claim that debts aren’t eligible, or push to take assets that should be protected. A bankruptcy lawyer fights to make sure you don’t get taken advantage of.

If there’s a mistake in your paperwork, an omission, or a creditor who believes they should still get paid, they will speak up. They have professional legal representation. You should, too.

What If You Can’t Afford a Bankruptcy Lawyer?

For many people considering bankruptcy, the biggest concern isn’t just whether to hire a lawyer—it’s how to afford one. It’s a difficult position: you need legal help because of financial hardship, but hiring an attorney feels out of reach for the same reason.

Fortunately, there are some solutions that make legal representation more accessible than you might think.

• Legal Aid and Pro Bono Services – Legal aid and pro bono services for bankruptcy exist, but they can be difficult to secure. Availability is limited, and waitlists are common. Strict income requirements, limited funding, and high demand mean only a small number of cases qualify, usually prioritizing those facing extreme hardship, like imminent foreclosure or total loss of income.
• Free Consultations – Many bankruptcy attorneys offer free initial consultations, allowing you to discuss your situation and explore your options without financial commitment. Taking advantage of these consultations can help you find the right attorney and understand the costs involved.
• Flexible Payment Plans – Some lawyers who understand the financial strain their clients are under may offer installment plans or other solutions to make legal fees more manageable. Some even structure payments in a way that allows you to pay after filing, reducing the upfront burden.
• Chapter 13 Attorney Fees Can Be Rolled Into Your Repayment Plan – If you file for Chapter 13 bankruptcy, attorney fees may be able to be included in your court-approved repayment plan. This means you might not have to pay the full legal fee upfront, which can make it a more viable option for people with overwhelming debt who still have a steady income source.

Even if hiring an attorney seems financially challenging, it’s important to explore these options before attempting to file on your own. A lawyer can help protect your assets, prevent costly mistakes, and ensure you get the debt relief you need—potentially with a payment structure that works for your budget.

FAQ

Q: How Do You Pay a Bankruptcy Lawyer If You Have No Money?

For Chapter 7, many lawyers require upfront payment, but some offer payment plans. For Chapter 13, the fees can often be included in the repayment plan, meaning you don’t need a huge sum upfront. Legal aid organizations may also provide assistance, but these can be quite difficult to get due to limited funding, strict income requirements, and high demand.

Q: Can I File Bankruptcy in Florida With $5,000 Debt?

Technically, yes, you can file bankruptcy in Florida with a relatively small amount of debt. However, it may not make sense. If you’re struggling to pay off an amount like $5,000, alternatives like debt settlement or negotiation might be better. A bankruptcy lawyer can help you decide.

Q: Will Bankruptcy Ruin My Credit Forever?

No. A Chapter 7 bankruptcy stays on your credit report for 10 years, Chapter 13 for 7 years—but your score can start improving much sooner. Many people begin getting credit offers within roughly a year of filing.

Q: Can I Keep My House and Car If I File for Bankruptcy in Florida?

Often, yes. Florida’s homestead exemption protects your primary residence, and you may be able to keep your car if it’s below a certain value or you continue making payments.

Q: What Debts Can’t Be Erased in Bankruptcy?

Most tax debts (including unpaid Florida state taxes), student loans (unless you prove undue hardship), child support, and alimony will not be discharged in bankruptcy.

Should You Hire a Bankruptcy Lawyer When Filing in Florida?

Can you file for bankruptcy on your own? Yes, the law allows it—Just as you can represent yourself in a serious court case. However, just because it’s possible doesn’t mean it’s the best approach.

Bankruptcy is a complex legal process, and even minor mistakes can lead to delays, lost protections, or even case dismissal. Miss a deadline, fill out a form incorrectly, or fail to disclose an asset, and your case could be dismissed—or worse, you could face legal trouble for unintentional misrepresentation.

Beyond the paperwork, bankruptcy is also a strategic process. A lawyer helps you determine the best chapter for your situation, maximizes the assets you can keep, and ensures that you meet all legal requirements to have your debts discharged successfully.

Banks and other creditors have teams of lawyers working to protect their interests, and they won’t hesitate to challenge your bankruptcy if they see an opportunity. A bankruptcy lawyer is your defense against aggressive creditors, making sure they don’t take advantage of you or push claims that could leave you paying debts you should have been able to discharge.

Hiring an attorney isn’t just about making the process smoother—it’s about ensuring the best possible outcome. Whether it’s protecting your home, keeping your car, or negotiating better terms for your financial future, a bankruptcy lawyer works to safeguard what matters most to you.

The system is complex, creditors fight back, and the stakes are too high to mess up.

A bankruptcy lawyer ensures you get it right, keep your assets, and come out the other side with a fresh start. And when you’re dealing with something as life-changing as wiping out your debt and getting a financial reset, that’s worth it.

Need a Lawyer? Start With a Free Consultation

Some bankruptcy lawyers in Florida offer free consultations. So if you’re even considering bankruptcy, take the time to talk to one. It costs nothing to ask, and a good bankruptcy lawyer can save you from making costly mistakes.

Don’t go it alone if you don’t have to. If you’re a Florida resident, contact The Independence Law Firm of Winter Park, FL. Call (813) 642-4863 or click here to book an in-person or Zoom meeting online.

Disclaimer: The information presented in this article and across this website is presented for general educational purposes only. Although this article discusses legal issues, it is not legal advice. Please be aware that laws and the content of any linked websites or pages might have evolved since the publication of this article, and as such, we cannot guarantee the ongoing accuracy of any presented information. Utilizing this article does not establish an attorney-client relationship.