Miami Bankruptcy Lawyer

If debt is becoming difficult to manage, you may be wondering whether bankruptcy could help. Credit card balances, collection calls, lawsuits, mortgage arrears, vehicle payments, medical bills, and wage garnishment concerns can place serious pressure on individuals and families.

A Miami bankruptcy lawyer at Gimenez & Carrillo, LLC can review your debts, income, assets, property, and financial goals and explain the options that may be available. Depending on your circumstances, those options may include Chapter 7, Chapter 13, Chapter 11, or alternatives to bankruptcy.

Bankruptcy can provide important legal protections and debt relief in appropriate cases, but filing is a significant legal and financial decision. The right approach depends on the facts of your situation.

Gimenez & Carrillo serves clients throughout Miami and Miami-Dade County from our Miami office. Our Miami office is located at 5775 Waterford District Dr., Suite 300, Miami, FL 33126-2579. Call Gimenez & Carrillo at (305) 444-3000 or request a free initial consultation. Hablamos Español.

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Bankruptcy Help in Miami and Miami-Dade County

Bankruptcy is a federal legal process that may allow eligible individuals and businesses to address debts they can no longer reasonably manage. Depending on the type of bankruptcy and the person’s circumstances, the process may discharge qualifying debts, restructure financial obligations, stop or pause many collection efforts, or establish a court-supervised repayment plan.

Bankruptcy is not right for everyone.

Before filing, a bankruptcy attorney should look at the full financial picture, including your debts, income, household size, assets, property equity, secured loans, recent financial transactions, prior bankruptcy filings, collection activity, and long-term goals.

A Miami bankruptcy lawyer can also evaluate how bankruptcy may affect your home, vehicle, bank accounts, other property, and any pending foreclosure or collection case.

For more general information about the firm’s bankruptcy practice, visit our Bankruptcy Law page.

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When Should You Talk to a Bankruptcy Lawyer?

Having debt does not necessarily mean that bankruptcy is the right answer. However, certain warning signs may indicate that it is worth learning more about your options.

Difficulty Keeping Up With Debt

You may want to speak with a bankruptcy attorney if:

• Minimum credit card payments are becoming difficult to make.
• Balances continue to increase even though you are making payments.
• Personal loans or high-interest debt consume a large part of your monthly income.
• Medical bills have become difficult to manage.
• You are using new debt to make payments on older debt.
• There is no realistic path to repay your current obligations under your existing budget.

Collection Actions and Lawsuits

It may also be time to explore your options if:

• Collection agencies are calling or sending notices.
• Creditors have filed lawsuits against you.
• A creditor is seeking to garnish wages or collect from a bank account.

Problems With Secured Debt

Bankruptcy may be worth discussing when:

• You have fallen behind on mortgage payments.
• Foreclosure has started or appears likely.
• You are concerned about vehicle repossession.

Business or Income Problems

A bankruptcy attorney may also be able to help if:

• Business debt is affecting your personal finances.
• Job loss, reduced income, or another financial change has made existing debts difficult to manage.

These situations do not automatically mean that you should file bankruptcy. They may mean that it is time to review bankruptcy and other possible debt-relief options with an attorney.

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Common Reasons Miami Residents Consider Bankruptcy

Financial problems can develop for many reasons. A person may have managed bills successfully for years before an unexpected change creates a problem.

Common reasons people in Miami and South Florida explore bankruptcy include:

Income Changes

Job loss, reduced hours, lower income, or a major career change can make debts that were once manageable difficult to pay.

Credit Card and Personal Loan Debt

High balances and interest charges may make it difficult to reduce the amount owed even while making regular payments.

Medical Expenses

An illness, injury, or unexpected medical event can lead to substantial bills while also affecting a person’s ability to work.

Divorce or Family Changes

Divorce, separation, illness, or a death in the family can change household income and financial responsibilities.

Business Losses

Business owners may face personal guarantees, credit card balances, loans, leases, or other obligations when a business experiences financial problems.

Mortgage Arrears and Foreclosure

Falling behind on a mortgage can create additional fees and may eventually lead to a foreclosure action.

Vehicle Debt

Car payments may become difficult after a loss of income or increase in other household expenses.

Lawsuits and Judgments

Unpaid debts may lead to collection lawsuits, judgments, garnishment attempts, or other collection activity.

Rising Housing and Household Costs

Miami-area homeowners and residents may also face higher housing expenses, property insurance costs, HOA or condominium fees, special assessments, and increases in everyday living costs.

A bankruptcy attorney can help determine whether these financial pressures can be addressed through bankruptcy or whether another strategy may make more sense.

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Understanding Your Bankruptcy Options in Miami

Different bankruptcy chapters serve different purposes. The appropriate chapter depends on factors such as your income, assets, debts, household size, ability to make payments, and financial goals.

Chapter 7 Bankruptcy

Chapter 7 is sometimes called liquidation bankruptcy. It is commonly used by consumers who are seeking a discharge of qualifying unsecured debts.

Credit card debt, medical debt, personal loans, and certain other unsecured obligations may be addressed through Chapter 7 when the debtor qualifies and the debt is legally dischargeable.

Eligibility may involve a bankruptcy means test and other requirements.

A bankruptcy trustee administers the case. Depending on the circumstances, certain non-exempt assets may potentially be sold for the benefit of creditors. Florida and federal exemption laws can affect which property is protected.

Not every debt can be discharged through Chapter 7, and not everyone qualifies.

A Miami Chapter 7 bankruptcy lawyer can review your income, debts, assets, exemptions, and other circumstances before determining whether Chapter 7 may be appropriate.

Chapter 13 Bankruptcy

Chapter 13 generally allows eligible individuals with regular income to reorganize certain debts through a court-approved repayment plan.

The repayment plan generally continues for several years. The amount paid and treatment of particular debts depend on the debtor’s income, assets, obligations, and other factors.

Chapter 13 may be particularly important for some homeowners who are behind on mortgage payments because it can provide a way, in appropriate circumstances, to propose a plan for catching up on certain past-due secured debts over time.

It can also provide options for people who may not qualify for Chapter 7 or who have financial goals that are better addressed through a repayment plan.

A Miami Chapter 13 bankruptcy lawyer can evaluate whether you meet the requirements and explain how a proposed repayment plan could affect your debts and property.

Chapter 11 Bankruptcy

Chapter 11 is most often associated with businesses, but it may also be available to individuals with complex financial circumstances.

Chapter 11 generally allows debts and financial obligations to be reorganized through a structured legal process. It is usually more complex than a typical Chapter 7 or Chapter 13 consumer case.

Gimenez & Carrillo can evaluate whether Chapter 11 or another bankruptcy chapter is appropriate based on the circumstances.

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What Types of Debt Can Bankruptcy Help With?

Bankruptcy may help address many types of consumer debt, but different debts receive different treatment under bankruptcy law.

Qualifying unsecured debts may include:

• Credit card balances
• Medical bills
• Personal loans
• Certain collection accounts
• Certain judgments
• Some older tax obligations, depending on the facts and applicable requirements

Other obligations may receive different treatment or may not be dischargeable in a particular case. Examples can include:

• Child support
• Alimony
• Many recent tax obligations
• Certain debts connected to fraud or misconduct
• Many student loan obligations unless the applicable legal requirements for discharge are met

Secured debts, such as mortgages and vehicle loans, also require separate analysis because a bankruptcy discharge does not automatically eliminate a creditor’s lien on property.

A bankruptcy attorney should review each debt individually before advising you about what bankruptcy may or may not accomplish.

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What Is the Automatic Stay?

One important part of bankruptcy law is the automatic stay.

When a bankruptcy case is filed, the automatic stay generally stops or pauses many collection activities against the debtor.

Depending on the circumstances, this may affect:

• Collection lawsuits
• Wage garnishments
• Collection calls
• Repossession activity
• Foreclosure activity
• Certain attempts to enforce judgments

The automatic stay is powerful, but it is not unlimited. Exceptions apply, and the stay may be restricted by prior bankruptcy filings, court orders, or other circumstances.

Filing bankruptcy also does not necessarily stop every legal proceeding or permanently prevent a creditor from taking action.

An attorney can evaluate how the automatic stay may apply to the specific collection or foreclosure activity you are facing.

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Bankruptcy and Foreclosure in Miami

Homeowners who are behind on mortgage payments sometimes consider bankruptcy while also dealing with a foreclosure case.

Bankruptcy and foreclosure defense are different legal strategies, but they can overlap.

Filing a bankruptcy case may temporarily pause many foreclosure actions through the automatic stay. In some cases, Chapter 13 may allow an eligible homeowner to propose a repayment plan that addresses past-due mortgage payments.

However, bankruptcy does not automatically eliminate a mortgage lien. Filing bankruptcy also does not guarantee that a homeowner will be able to keep the property.

If you have already received foreclosure papers or believe a foreclosure case may be approaching, it may be helpful to evaluate both bankruptcy and foreclosure options.

Learn more about working with a Miami foreclosure defense lawyer or visit our main Foreclosure Defense page.

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Will I Lose My Home or Car If I File Bankruptcy?

Many people hesitate to explore bankruptcy because they are worried about losing their home, vehicle, or other property.

There is no single answer that applies to every case.

Whether someone can keep property may depend on:

• The bankruptcy chapter filed
• The value of the property
• Equity in the property
• Available exemptions
• Mortgage or loan balances
• Whether payments are current
• The debtor’s ability to maintain required payments
• Issues raised by the bankruptcy trustee
• Other facts specific to the case

Florida bankruptcy exemptions may protect certain property, but exemption rules are technical and fact-specific.

Before filing, an attorney should evaluate the property you own and explain what risks may exist.

Florida Bankruptcy Exemptions

Bankruptcy exemptions can protect certain types of property from being administered for the benefit of creditors.

Depending on the person’s circumstances and applicable law, exemptions may relate to categories such as:

• Homestead property
• Personal property
• Retirement accounts
• Certain wages or benefits
• Vehicle equity
• Other legally protected assets

The availability and scope of exemptions depend on the facts of the case and the law that applies.

Exemption planning is one reason it can be important to speak with a bankruptcy attorney before transferring property, withdrawing funds, selling assets, or making other major financial changes before filing.

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What Happens During the Bankruptcy Process?

Although each case is different, a consumer bankruptcy case generally involves several important steps.

Step 1: Review Your Financial Situation

The first step is understanding your current financial position.

This includes reviewing debts, income, expenses, assets, real estate, vehicles, secured loans, recent transactions, collection activity, and your financial goals.

Step 2: Determine Whether Bankruptcy Is Appropriate

An attorney can compare Chapter 7, Chapter 13, Chapter 11, and possible alternatives.

The goal is not simply to determine whether you can file bankruptcy. It is to determine whether bankruptcy makes sense based on what you are trying to accomplish.

Step 3: Complete Required Pre-Filing Credit Counseling

Most individual bankruptcy filers must complete an approved credit counseling course before filing.

Your attorney can explain when this requirement applies and how it fits into the filing process.

Step 4: Prepare and File the Bankruptcy Petition

Bankruptcy requires detailed and accurate financial disclosures.

The petition and related schedules generally include information about debts, income, assets, expenses, financial transactions, and other matters required by bankruptcy law.

Step 5: Automatic Stay Takes Effect

After a bankruptcy case is filed, the automatic stay generally begins and may stop or pause many forms of creditor collection.

Exceptions and limitations may apply.

Step 6: Attend the 341 Meeting of Creditors

Most bankruptcy debtors must attend what is commonly called a 341 meeting or meeting of creditors.

The bankruptcy trustee asks questions about the debtor’s financial information and bankruptcy documents. Creditors may also have an opportunity to participate.

Step 7: Complete Required Debtor Education

Individual debtors generally must complete a separate financial management or debtor education requirement before receiving a discharge when a discharge is available.

Step 8: Discharge or Repayment Plan

In a Chapter 7 case, eligible debtors may receive a discharge of qualifying debts after completing the required process.

In Chapter 13, the debtor generally makes payments under a court-approved plan before becoming eligible for a discharge of qualifying remaining debts.

Results depend on the circumstances, and a discharge is not guaranteed in every bankruptcy case.

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What Documents Should I Bring to a Bankruptcy Consultation?

You do not need to have every financial record organized before speaking with a lawyer. However, bringing available documents can help the attorney better understand your situation.

Income and Employment

Helpful records may include:

• Recent pay stubs
• Proof of other income
• Recent tax returns

Debt Information

Bring available documents showing what you owe, including:

• Credit card statements
• Medical bills
• Personal loan statements
• Collection letters
• Lawsuit documents
• Judgments

Property and Secured Debt

Helpful documents may include:

• Mortgage statements
• Foreclosure notices or court documents
• Vehicle loan statements
• Real estate information
• HOA or condominium statements

Financial Records

Other helpful information may include:

• Bank statements
• Retirement account statements
• Insurance information
• Records involving significant recent financial transactions

The exact documents needed will depend on your financial situation and the type of bankruptcy being considered.

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Bankruptcy Attorney Jose I. Carrillo

Jose I. Carrillo, Esq. is a Managing Partner of Gimenez & Carrillo.

His legal practice has emphasized civil litigation since 1989. His firm biography states that he has represented hundreds of clients, primarily consumers and debtors, in bankruptcy proceedings.

His experience also includes foreclosure, collections, commercial matters, real estate disputes, and litigation involving creditors and borrowers.

That broader background provides useful perspective when evaluating debtor-creditor disputes and the possible consequences of different financial strategies.

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Attorney Angel L. Gimenez

Angel L. Gimenez, Esq. is a Managing Partner of Gimenez & Carrillo.

He began practicing law in 1988 and graduated from Florida State University School of Law. He is admitted to practice in Florida and in federal courts, including the United States District Court for the Southern District of Florida and the United States Court of Appeals for the Eleventh Circuit.

His professional memberships include the Cuban-American Bar Association of Miami.

Together, the firm’s attorneys can evaluate bankruptcy matters within the broader context of litigation, foreclosure, collections, real estate, and other financial disputes.

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Why Choose Gimenez & Carrillo for Bankruptcy Help in Miami?

People considering bankruptcy often need more than a basic explanation of Chapter 7 or Chapter 13. They need to understand how bankruptcy may affect their property, lawsuits, mortgage, vehicle, income, and long-term financial plans.

Gimenez & Carrillo offers:

• More than 20 years of firm experience helping clients with bankruptcy matters
• A main office in Miami
• Experience representing consumers and debtors in bankruptcy proceedings
• Jose Carrillo’s experience representing hundreds of bankruptcy clients
• Experience involving bankruptcy, foreclosure, collections, real estate, and debtor-creditor disputes
• Evaluation of Chapter 7, Chapter 13, and Chapter 11 options
• Clear explanations of legal and financial choices
• Individual review of each client’s circumstances
• Spanish-language assistance

Bankruptcy is not a one-size-fits-all solution. The firm can help you understand what the law may allow and what option best fits your circumstances and goals.

You can also learn more about our attorneys and Miami presence through the Gimenez & Carrillo Miami office.

Why Local Bankruptcy Counsel Matters in Miami

Bankruptcy law is primarily federal law, but local knowledge can still be important.

Bankruptcy cases filed in the Miami area may involve proceedings in the Southern District of Florida. Local attorneys may also be familiar with financial issues affecting Miami-area consumers and businesses, including foreclosure concerns, condominium and HOA obligations, property values, real estate equity, housing expenses, and local collection disputes.

For someone facing both debt and a lawsuit, foreclosure, or property-related problem, understanding how those issues interact can be especially important.

Gimenez & Carrillo’s Miami office allows the firm to serve clients throughout Miami-Dade County while evaluating both bankruptcy and related legal concerns.

Areas We Serve Near Miami

Gimenez & Carrillo assists bankruptcy clients in Miami and throughout Miami-Dade County, including Downtown Miami, Brickell, Little Havana, Allapattah, Coconut Grove, Coral Gables, Kendall, Doral, Hialeah, Miami Lakes, Miami Springs, North Miami, North Miami Beach, Miami Gardens, Aventura, Homestead, Cutler Bay, Palmetto Bay, Pinecrest, South Miami, Sweetwater, Westchester, Fontainebleau, and nearby South Florida communities.

If you live outside the immediate Miami area, contact the firm to discuss whether we can assist with your bankruptcy matter.

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Miami Bankruptcy FAQ

How do I know if I should consider bankruptcy?

Bankruptcy may be worth exploring if you are consistently unable to keep up with minimum payments, creditors are suing you, wage garnishment is a concern, your mortgage is seriously past due, or your debts are growing faster than you can realistically repay them.

Those problems do not automatically mean that bankruptcy is the right solution. A bankruptcy attorney can review your debts, income, property, payment ability, and financial goals before discussing the available options.

What is the difference between Chapter 7 and Chapter 13 bankruptcy?

Chapter 7 generally focuses on the discharge of qualifying debts for eligible debtors. A trustee administers the case, and non-exempt property may be at risk depending on the circumstances.

Chapter 13 generally involves a court-approved repayment plan for eligible individuals with regular income. It may provide options for addressing certain past-due secured debts over time.

The right chapter depends on income, debts, assets, property equity, eligibility, and financial goals.

Can bankruptcy stop collection calls and lawsuits?

Filing bankruptcy generally triggers an automatic stay that stops or pauses many collection activities, including many collection calls and lawsuits.

There are exceptions. The stay may also be limited because of prior bankruptcy cases, court orders, or the type of proceeding involved.

Can bankruptcy stop a foreclosure in Miami?

A bankruptcy filing may temporarily pause many foreclosure proceedings through the automatic stay.

Chapter 13 may also provide some eligible homeowners with an opportunity to propose a repayment plan that addresses past-due mortgage payments. However, bankruptcy does not guarantee that a foreclosure will be permanently stopped or that the homeowner will be able to keep the property.

Will I lose my home if I file bankruptcy?

Not necessarily, but the answer depends on the facts.

Important factors include the bankruptcy chapter, the amount of equity in the home, available exemptions, mortgage balances, payment status, and the homeowner’s ability to maintain required payments.

A bankruptcy lawyer should evaluate your property before you file.

What debts can bankruptcy eliminate?

Many qualifying unsecured debts, such as credit card balances, medical bills, and personal loans, may be dischargeable in bankruptcy.

Other debts may receive different treatment or may be difficult or impossible to discharge depending on the circumstances. Examples can include support obligations, many recent tax debts, certain debts involving fraud, and many student loan obligations unless the applicable legal standard for discharge is satisfied.

How long does bankruptcy stay on my credit?

Bankruptcy can remain on a consumer credit report for several years, and the reporting period can depend on the type of bankruptcy filed.

Credit impact is only one factor to consider. Someone already facing late payments, collections, judgments, or high balances may want to compare the effects of continuing the current situation with the possible effects of bankruptcy.

A bankruptcy filing does not provide a guaranteed credit outcome or recovery timeline.

How much does it cost to speak with Gimenez & Carrillo?

Gimenez & Carrillo offers a free initial consultation to discuss your circumstances and possible legal options. Call the Miami office at (305) 444-3000 or contact us online to schedule a consultation.

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Speak With a Miami Bankruptcy Lawyer About Your Options

If you are struggling with debt in Miami or Miami-Dade County, you do not have to decide on bankruptcy before speaking with an attorney.

A Miami bankruptcy lawyer at Gimenez & Carrillo can review your debts, income, assets, property, collection activity, and financial goals and explain the options that may be available. Depending on your circumstances, that may include Chapter 7, Chapter 13, Chapter 11, foreclosure-related strategies, or another approach.

The goal is to help you understand your legal and financial options so you can make an informed decision about what comes next.

Call (305) 444-3000 or Request a Free Initial Consultation. Hablamos Español.

Miami Office:
5775 Waterford District Dr.
Suite 300
Miami, FL 33126-2579