Bankruptcy Attorney in Fort Myers & Naples: Strategic Southwest Florida Debt Relief

Struggling with debt in Fort Myers, Naples, or Cape Coral? Robert Stiberman provides strategic Chapter 7, 11 & 13 relief. Stop garnishments & save your home today. Free consultation.
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At A Glance: Debt Relief in the Fort Myers Division

Quick Summary: Stiberman Law, P.A., led by Robert Stiberman, provides expert bankruptcy and debt relief services throughout the Fort Myers Division. We specialize in Chapter 7 and Chapter 13 filings for residents in Lee, Collier, Charlotte, Hendry, Glades, and DeSoto counties. By invoking the Automatic Stay ( 11 U.S. Code § 362), we immediately halt foreclosures, repossessions, and garnishments. Our firm is dedicated to securing a Fresh Start for Southwest Florida families through compassionate, direct legal advocacy.

Key Takeaways for Southwest Florida Residents

  • Jurisdiction: We serve the entire Fort Myers Division, including Naples, Cape Coral, Port Charlotte, and Arcadia.

  • Core Services: Chapter 7 (Debt Discharge) and Chapter 13 (Repayment/Foreclosure Defense).

  • Immediate Protection: Filing triggers the Automatic Stay, which stops all creditor contact and legal action immediately.

  • Asset Protection: We apply Fla. Stat. § 222.01 to protect your home and 11 U.S. Code § 522 for retirement/Social Security.

Trusted legal guidance for a fresh financial start.

Written By: Attorney Robert Stiberman | Updated 1/28/2026

Serving Southwest Florida: The Fort Myers Division

Navigating a financial crisis in Southwest Florida requires a legal partner who understands the unique landscape of the Middle District of Florida. In 2026, residents in Fort Myers, Naples, and Cape Coral are balancing a growing economy with the lingering financial impacts of rising insurance premiums and property assessments. 

At Stiberman Law, we provide sophisticated bankruptcy counsel throughout the Fort Myers Division of the Middle District of Florida. Our firm is strategically positioned to assist residents across Southwest Florida facing financial hardship, ensuring your case is handled with the technical precision required by the U.S. Bankruptcy Court in Fort Myers.

Led by Robert Stiberman, our highly-rated customer service team offers compassionate, results-oriented debt relief for families and small businesses throughout the following counties and municipalities:

Counties and Cities We Serve

We represent clients in every corner of the Fort Myers Division, providing a local defense against foreclosure, wage garnishment, and creditor harassment.

  • Lee County: Fort Myers, Cape Coral, Lehigh Acres, Bonita Springs, North Fort Myers, Estero, Fort Myers Beach, Sanibel, Alva, and Saint James City.

  • Collier County: Naples, Marco Island, Immokalee, Golden Gate, Ave Maria, Everglades City, and Lely Resort.

  • Charlotte County: Port Charlotte, Punta Gorda, Englewood, Rotonda West, and Babcock Ranch.

  • Hendry County: LaBelle, Clewiston, and Harlem.

  • Glades County: Moore Haven, Buckhead Ridge, and Lakeport.

  • DeSoto County: Arcadia, Nocatee, and Fort Ogden.

Why Local Representation Matters

Filing for bankruptcy in Southwest Florida requires an intimate knowledge of the Fort Myers Division’s specific procedures and the Automatic Stay protections that vary by jurisdiction. Whether you are a retiree in The Villages of Collier or a business owner in Downtown Fort Myers, our team ensures:

  1. Jurisdictional Expertise: We understand the nuances of filing in the Middle District of Florida, ensuring your Chapter 7 or Chapter 13 petition is technically perfect.
  2. Asset Protection: We use Florida’s Homestead Exemption to protect your home, whether it’s a waterfront property in Naples or a family estate in Arcadia.
  3. Local Creditor Defense: We provide a robust shield against regional lenders and debt collectors targeting Southwest Florida residents.

The Automatic Stay: Your Instant Shield

Under 11 U.S. Code § 362, the moment we file your petition in the Fort Myers Division, a powerful legal injunction known as the Automatic Stay goes into effect. This powerful shield stops creditors dead in their tracks, halting:

  • Foreclosure Auctions: Instantly freezes proceedings at the Lee, Collier, or Charlotte county courthouses.

  • Wage Garnishments: Stops local employers from siphoning your income.

  • Repossessions: Prevents the “repo man” from taking your vehicle.

  • Creditor Contact: Silences all calls, letters, and emails from debt collectors.

The Fort Myers Division Difference: Middle District Nuances

Filing for bankruptcy in Southwest Florida means your case is heard in the Fort Myers Division of the Middle District of Florida. This division has specific rules and “local customs” that are vital to your success:

  • Tax Refund Turnover Rule: Unlike the Southern District (Miami/WPB), the Chapter 13 Trustee in the Middle District (such as Daryl J. Smith) typically requires the turnover of your annual tax refunds. However, we can file a Motion to Retain Tax Refund if those funds are needed for essential expenses such as home repairs, medical costs, or hurricane recovery.
  • The Middle District Plan: Chapter 13 cases in Fort Myers utilize a specific “Middle District Plan” format. We use professional calculators to ensure your plan is confirmed quickly by judges like Judge Luis E. Rivera II.
  • Virtual Hearings: In 2026, mandatory Meetings of Creditors in the Fort Myers Division are held via Zoom. This allows you to participate from your home or office without the drive to the downtown courthouse.

The Fort Myers Courthouse: Should a rare in-person evidentiary hearing be required, your case is heard at the United States Courthouse & Federal Building at 2110 First Street, Fort Myers, FL 33901.

Stiberman Law infographic detailing Southwest Florida debt relief services including Chapter 7, Chapter 13, Subchapter V, and the three-step path to recovery in the Middle District of Florida.

What to Expect When You Hire Stiberman Law

When you hire Stiberman Law, you are choosing a dedicated legal team to help you navigate the complexities of the Middle District. Our approach is divided into three pillars:

1. Choosing Your Path (The Strategic Assessment)

In your initial strategy session, we conduct a thorough analysis of your financial profile. We evaluate your income via the Means Test to identify the path that offers the maximum benefit:

  • Chapter 7 Bankruptcy: The “Fresh Start.” Best for eliminating unsecured debt like medical bills from Lee Health or NCH Healthcare in roughly 4 months.
  • Chapter 13 Bankruptcy: The “Asset Shield.” Ideal for catching up on mortgage arrears in Naples or Cape Coral over a 3-to-5-year plan.
  • Chapter 11 Subchapter V: A streamlined reorganization for SWFL business owners—from hospitality groups to construction firms—to restructure debt while maintaining operational control.

2. Identifying Dischargeable Debts

We help you understand which debts are eligible for elimination:

  • Dischargeable: Credit cards, personal loans, medical bills, and certain older tax liabilities.
  • Non-Dischargeable: Child support, alimony, most student loans, and recent government fines.

3. Non-Bankruptcy Options (Debt Settlement)

Bankruptcy is a powerful tool, but it isn’t always the right one. For residents who prefer to avoid court, we offer Professional Debt Settlement. We negotiate directly with creditors such as Synchrony Bank and LVNV Funding to settle accounts for a fraction of the balance owed.

Your Journey: The Southwest Florida Fresh Start Process

STEP 1

Free Consultation
A free consultation to evaluate income, debts, and assets

STEP 2

Choose the Right Bankruptcy Chapter
We recommend the right chapter: Chapter 7, Chapter 13, or Chapter 11, and become your “Point of Contact.” You can direct all creditor calls from local or national collectors to our office.

STEP 3

Prepare and File Your Case
We electronically file your petition with the Fort Myers Division. This triggers the Automatic Stay, legally stopping wage garnishments and lawsuits in the 20th Judicial Circuit.

STEP 4

The 341 Meeting

We prepare you for the Trustee’s questions to ensure a smooth hearing. You can attend your hearing via Zoom from your home in Cape Coral or Naples

STEP 5

Step 5: Meeting of Creditors
Representation at the trustee meeting to ensure clients are fully prepared

STEP 6

Step 6: Discharge of Debts or Repayment Plan
We represent you from filing to discharge. Our goal is to eliminate your debt and to provide you with the foundation to rebuild your credit and financial health.

Do I Have A Case?

FIND OUT IT'S FREE

Contact Stiberman Law Today!

Speaking to our law firm is always 100% confidental. Help is just a call away!

At Stiberman Law, Our Goal Is To Help You Complete The Process Smoothly, Protect Your Property When Possible, And Achieve The Financial Relief You Need For A Fresh Start.

Results That Matter: Southwest Florida Case Studies

Chapter 13 – Punta Gorda (Tax Debt & Harassment Stop)

A Punta Gorda resident faced $30,000 in old tax debt and a drop in hourly income from $21 to $13.

  • Outcome: Eliminated $35,000 in unsecured debt.

  • Structure: Entered a 36-month repayment plan at just $145/month.

  • Result: Successfully addressed the tax debt through a structured plan while ending years of creditor harassment.

Chapter 13 – LaBelle (Asset Protection & Homestead Shield)

A LaBelle resident with high credit card balances needed to protect his homestead and three vehicles.

  • Outcome: Eliminated approximately $36,000 in unsecured debt.

  • Structure: A 60-month plan at $340/month.

  • Result: Protected his home and all three vehicles, resolving insurmountable debt without risking asset loss.

Legal Disclaimer: Prior results do not guarantee a similar outcome. Case studies and testimonials reflect the specific facts of those matters and may not be representative of all cases

Bankruptcy Services Offered in Fort Myers

We provide solutions for individuals, families, and business owners:

Chapter 7

Chapter 7 bankruptcy for rapid elimination of unsecured debts

Chapter 13

Chapter 13 bankruptcy to create manageable repayment plans while protecting assets

Chapter 11

Chapter 11 bankruptcy for businesses or individuals with significant debt

Foreclosure and wage garnishments

Defense against foreclosure and wage garnishments

We also evaluate alternatives such as debt consolidation to find the most appropriate solution for each client.

– Your experienced bankruptcy attorney

Lern More About Our Founding Attorney

Here’s a 5-star Lawers.com review from a Chapter 13 Bankruptcy client in Lehigh Acres (Lee County):

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“The firm demonstrated exceptional performance. The entire team was always willing to address my questions and concerns with kindness and clarity. My case was resolved in an exemplary, organized, and efficient manner. I want to especially highlight Norma, Carolina, and Attorney Stiberman himself, whose personal approach, human touch, and results I deeply appreciate.” 

Michel P, Lehigh Acres, FL (Translated from Spanish) 9/27/2025

Robert Stiberman, founding attorney of Stiberman Law, P.A., providing authoritative Chapter 7 and Chapter 13 bankruptcy representation to residents across Lee, Collier, and Charlotte counties.

Robert Stiberman

Frequently Asked Questions About Bankruptcy in Fort Myers

My home was damaged by a hurricane—can I still protect it?

Yes. Under Florida law, your Homestead Exemption remains intact even if the property is currently uninhabitable or under repair, provided you have a bona fide intent to rebuild and return. Bankruptcy can also help stop “hurricane liens” from contractors or overbilled services while you resolve insurance disputes.

How does the Middle District "Mortgage Modification Mediation" work?

If you are struggling with a high interest rate or arrears, we file a Motion for Referral to MMM. The Court then appoints a mediator to facilitate communication through a secure online portal. This program has a high success rate in the Fort Myers Division for achieving permanent, affordable loan modifications.

Does the Trustee take my tax refund in Southwest Florida?

In a Chapter 13 case in the Middle District, the Trustee usually claims your tax refunds as “disposable income.” However, we frequently file motions to allow our clients to keep their refunds if they can show an urgent need, such as high medical bills ora major car repair.

Can I file for bankruptcy if my income is mostly Social Security?

Absolutely. In fact, Social Security income is generally excluded from the Bankruptcy Means Test calculation. Many retirees in Naples and Punta Gorda use this to their advantage, as it makes it easier to qualify for Chapter 7 even if their total “household income” seems high.

Take the First Step Toward Financial Relief in Fort Myers

If debt is causing stress, you don’t have to face it alone. Our Fort Myers bankruptcy attorneys guide clients through every step of the process with care, experience, and results-oriented strategies.

Contact Stiberman Law today to schedule your free consultation and begin your path to financial freedom.

Serving the Entire Southwest Florida Region

Lee County: Cape Coral, Fort Myers, Bonita Springs, Estero, Sanibel, Lehigh Acres, Fort Myers Beach, North Fort Myers. Collier County: Naples, Marco Island, Immokalee, Golden Gate, Ave Maria, Naples Park. Charlotte County: Punta Gorda, Port Charlotte, Englewood, Rotonda West.

Fort Myers Division Court Resources