Chapter 13 Bankruptcy Attorney
By Robert A. Stiberman, Esq., Member of The Florida Bar since 1998, representing Florida bankruptcy clients since 2009. Last reviewed: June 2026.
If you’re behind on your mortgage, facing foreclosure, or carrying debt you can’t clear in one shot but could manage with time, Chapter 13 is often the right tool. Unlike Chapter 7, which liquidates, Chapter 13 lets you keep your property, your home, your car, everything, and repay what you can over three to five years through a single court-approved plan. When the plan finishes, the remaining eligible balance is discharged.
I’m Robert Stiberman. I’ve handled Florida bankruptcy cases since 2009 and I’m admitted in all three of the state’s federal districts. Below is how Chapter 13 actually works in Florida and when it beats the alternatives. If you’d rather talk it through, schedule a free consultation.
What Chapter 13 Does That Chapter 7 Can’t
Chapter 13’s real power is what it lets you keep and catch up on:
- Stop a foreclosure and save your home. The moment you file, the automatic stay halts the foreclosure sale. Your plan then lets you cure the past-due mortgage payments (the “arrears”) over time while you resume regular payments, something Chapter 7 cannot do.
- Keep non-exempt assets. If you have property beyond Florida’s exemptions, Chapter 13 lets you keep it by paying its value into the plan instead of surrendering it.
- Catch up on car loans, HOA dues, and back taxes on a schedule you can manage.
- Protect co-signers on consumer debts from collection during your plan (the co-debtor stay, 11 U.S.C. § 1301).
- “Cram down” certain debts, for example, reducing a car loan to the vehicle’s actual value when the loan was taken out more than 910 days before filing.
Chapter 13 can also stop a car repossession while you catch up over time, and it can stop a wage garnishment.
How the Repayment Plan Works
Your plan length is set by your income: three years if your household income is below the Florida median, five years if it’s above. Your monthly payment is based on your “disposable income”, what’s left after reasonable living expenses, and on what your creditors would have received in a Chapter 7. Priority debts (like recent taxes and support) and mortgage arrears get paid through the plan; remaining unsecured creditors share whatever your plan can afford, which is often a fraction of what’s owed. A Chapter 13 trustee collects your monthly payment and distributes it. (Plan contents are governed by 11 U.S.C. § 1322 and confirmation by § 1325.) For a closer look, see our guide to Chapter 13 average monthly payments.
.Chapter 13 vs. Chapter 7, Quick Guide
Choose Chapter 13 if you’re behind on a mortgage and want to keep the home, have non-exempt assets to protect, earn too much to pass the Chapter 7 means test, or need time to pay priority debt. Choose Chapter 7 if you have little non-exempt property and mainly want to erase unsecured debt fast. Not sure? That’s exactly what a consultation resolves, see our Chapter 7 page.
What It Costs
The court filing fee for Chapter 13 is $313. Attorney fees in Chapter 13 are typically paid partly up front and partly through your plan, which is one reason Chapter 13 is accessible even when money is tight. We offer free consultations, transparent flat fees, and payment options, and we’ll put your fee in writing before you commit. See what it costs to file in Florida.
Schedule a Free Consultation
Talk through your options with a Florida Chapter 13 attorney at no cost. Call 954-922-2283 or request your free consultation. Responses in under 24 hours; everything you share is confidential.
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