Florida Bankruptcy Lawyers
Overwhelmed by debt and facing the prospect of bankruptcy? The legal process can be complex and emotionally draining, leaving you uncertain about your financial future.
Regain Control with Professional Legal Support
At Gimenez & Carrillo, LLC, we understand that financial hardship can feel overwhelming. That’s why our experienced bankruptcy attorneys are here to support you at every step. With over 20 years of experience, we simplify complex legal processes, offer compassionate guidance, and craft personalized strategies to help you move toward financial recovery.
Your Path to Financial Stability Starts Here
From the moment you contact us, we begin working to restore your financial confidence. We don’t just handle paperwork, listen to your concerns, evaluate your unique situation, and create a plan that works for you. Our goal is to walk this path together, as we offer steady support and clear communication to help you feel empowered, not alone.
Bankruptcy Is Personal — We Treat It That Way
For us, bankruptcy isn’t just a legal process. It’s a deeply personal journey that affects your life, your dreams, and your future. Therefore, we approach each case with empathy and respect. While we act as your legal advocates, we also stand beside you as trusted partners—committed to helping you build a stronger, more secure tomorrow.
Why Hire a Florida Bankruptcy Law Attorney?
Navigating bankruptcy can feel overwhelming. Florida’s laws are complex, the paperwork is extensive, and the emotional strain can take a toll. That’s where we come in.
Our dedicated Florida bankruptcy attorneys are here to lift that burden. From the start, we work to explain your rights, clarify confusing legal terms, and outline the best course of action. Most importantly, we ensure your case is handled properly, efficiently, and with compassion.
How Can Gimenez & Carrillo Serve You?
We do more than provide legal services. We dedicate ourselves to helping individuals and families regain control of their finances. This begins with a personalized approach: we take time to understand your specific situation. Once we have a clear picture, we explain your legal options, including Chapter 7, Chapter 13, or Chapter 11 bankruptcy. From there, we focus on simplifying what can otherwise feel like a complicated process. We walk with you from your initial consultation to the final discharge, ensuring you understand each step along the way. As the process unfolds, you will always have the support you need.
Our commitment goes beyond offering legal guidance. In addition, we strive to build lasting trust with every individual we serve. From the very beginning, we stand by your side through each phase of the bankruptcy process, offering steady support and reliable counsel. With that in mind, having our Florida bankruptcy attorneys on your side means more than just hiring a legal team — it means gaining dedicated partners who genuinely care about your financial recovery.
Your Florida Personal Bankruptcy Options
Bankruptcy is not a one-size-fits-all solution. To make the right choice, it’s important to understand the key differences between the available bankruptcy chapters. At Gimenez & Carrillo, we help you explore your options and determine the best path forward. Below is an overview of Chapter 7, Chapter 13, and Chapter 11 bankruptcy options.
Chapter 7 Bankruptcy: Your Path to a Clean Slate
Also known as “liquidation” bankruptcy, Chapter 7 helps individuals eliminate most unsecured debts. It works by selling your non-exempt assets to repay creditors, giving you the opportunity to start over financially. However, it’s important to note that certain debts—such as student loans, child support, and some taxes—cannot be discharged.
To qualify, you must pass a “means test” that confirms your income is below a certain threshold. Once filed, a court-appointed trustee manages the sale of non-exempt property and distributes the proceeds. If you’re eligible, Chapter 7 can be an effective and fast way to relieve financial pressure.
Chapter 13 Bankruptcy: Designing Your Repayment Plan
Chapter 13 is often called the “wage earner’s plan” because it allows individuals with steady income to repay debts over time. This option is particularly helpful for homeowners, as it may stop foreclosure and allow you to catch up on missed mortgage payments.
You’ll propose a repayment plan based on your income, expenses, and debts. This plan typically lasts three to five years and must be approved by the bankruptcy court. You’ll make monthly payments to a trustee, who distributes funds to creditors. Once the plan is completed, remaining unsecured debts may be discharged.
Chapter 11 Bankruptcy: Paving the Way for Business Reorganization
While Chapter 11 is often used by businesses, individuals with complex financial situations may also benefit from this option. Chapter 11 allows you to reorganize your debts and assets so you can repay creditors while continuing to operate your business or manage your finances.
Filing Chapter 11 involves creating a detailed repayment plan, which must be approved by both creditors and the court. You’ll also attend a creditors’ meeting and may negotiate directly with creditor committees. Although it’s a more complex process that can take over a year, it offers flexibility and the potential to keep your business running while managing debt.
What to Expect During the Florida Bankruptcy Process
Starting the bankruptcy process may feel overwhelming, but breaking it down into clear steps can ease much of the stress. At Gimenez & Carrillo, LLC, we walk you through each stage with clarity and confidence.
Step 1: Preparing and Filing Your Bankruptcy Petition
Your path to financial relief begins with preparing your bankruptcy petition. At this stage, you’ll provide a detailed record of your financial situation, including debts, income, assets, and recent transactions. Although the paperwork can seem extensive, we make the process manageable. Our legal team reviews every detail to ensure accuracy and completeness.
Once ready, we file the petition with the bankruptcy court. This action immediately triggers an automatic stay, which stops most creditors from pursuing collections, foreclosures, or lawsuits against you.
Step 2: Attending the 341 Meeting of Creditors
After filing, the court schedules a 341 meeting, also known as the “Meeting of Creditors.” During this brief session, you’ll answer questions under oath regarding your finances and the information in your petition. While creditors may attend, they rarely do.
To help you feel prepared and confident, we walk you through what to expect and coach you on how to respond to typical questions. This meeting is usually straightforward—but we make sure you’re never unprepared.
Step 3: Completing the Required Debtor Education Courses
Before receiving a discharge, you must complete two mandatory courses: one in credit counseling before filing and another in debtor education afterward. These courses, offered online or by phone, teach essential skills for managing your finances and avoiding future debt problems.
Step 4: Receiving a Discharge or Beginning Your Repayment Plan
Finally, you reach the resolution phase. If you file under Chapter 7, you typically receive a discharge of qualifying debts within a few months after your 341 meeting—eliminating your obligation to repay most unsecured debts.
On the other hand, if you file under Chapter 13, the process involves creating a repayment plan approved by the court. You’ll then make monthly payments over three to five years. Once completed, any remaining eligible debts are discharged.
Guiding You Every Step of the Way
While bankruptcy is a complex process, having the right legal team makes all the difference. We provide steady support from start to finish. As a result, our role is to simplify the journey, protect your rights, and help you move forward with peace of mind.
What Results Can You Expect from Our Bankruptcy Attorneys?
At Gimenez & Carrillo, LLC, we see more than case numbers — we see people. We understand that you’re facing real financial challenges, and we’re here to help you navigate them with care, clarity, and confidence.
From the moment you hire us, our team focuses on one goal: helping you move toward financial recovery. We combine personalized guidance with proven strategies to achieve real results, not just legal outcomes.
What Happens After Bankruptcy?
When your case concludes, here’s what you can expect:
- Chapter 7 Bankruptcy: Most of your unsecured debts will be discharged, giving you a clean financial slate.
- Chapter 13 Bankruptcy: You’ll follow a court-approved repayment plan tailored to your income, allowing you to catch up on missed payments and regain control.
- Chapter 11 Bankruptcy: Your finances will be reorganized so you can continue operating your business while gradually repaying creditors.
In each case, we work to protect your assets, reduce your stress, and set you on a path toward financial stability.
Speak With a Florida Bankruptcy Attorney Today
Remember, if you’re looking for a Bankruptcy Attorney in Florida, look no further. Beyond just legal professionals, we’re compassionate allies. We stand ready to help you reclaim control and stability for your financial situation.
Your financial freedom journey begins here. Don’t wait, connect with Gimenez & Carrillo, LLC today. Let’s start a fresh chapter in your financial story.
📞 Call (305) 444-3000 today
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FAQs about Florida Bankruptcy
You can typically file under Chapter 7, Chapter 13, or Chapter 11 in Florida. Chapter 7 helps eligible individuals clear most unsecured debt by liquidating non‑exempt assets. Chapter 13 allows individuals with regular income to repay a portion of their debt through a plan, often benefiting homeowners at risk of foreclosure. Chapter 11 is usually used by businesses or individuals with complex finances who need to reorganize debt while continuing operations.
To qualify for Chapter 7, you must pass a “means test” that evaluates whether your income is low enough relative to your state’s median. If your income is higher than the threshold, you may be required to file Chapter 13 instead. Our attorneys evaluate your financial situation and advise which chapter you are eligible for.
Filing for bankruptcy can discharge many unsecured debts. However, some—like child support, alimony, student loans, and certain taxes—typically cannot be eliminated. The type of bankruptcy you file affects how debts are handled.
It depends on the chapter you file and the nature of your assets. In Chapter 7, a court‑appointed trustee may sell non‑exempt assets to pay creditors, which means your home could be at risk if it doesn’t qualify for exemption. In Chapter 13, you typically keep your assets while repaying debts over time. We help you understand your rights and protect your assets wherever possible.
An experienced attorney simplifies the process, ensures paperwork is filed properly, negotiates with creditors, and protects your interests. With the right guidance, you can move forward with peace of mind.