Chapter 13 Bankruptcy Attorney

Chapter 13 Bankruptcy Support for Florida Residents Seeking a Structured Approach to Repayment.

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Last Updated August 12, 2025

This article covers everything you need to know about Chapter 13 bankruptcy, including the latest updates on eligibility as of August 12, 2025.

Chapter 13 bankruptcy can be a lifeline for Floridians facing overwhelming debt. Imagine being able to keep your car, your home, and other important assets while creating a manageable payment plan to address your financial challenges. Chapter 13 bankruptcy is designed for individuals with regular income to create a repayment plan for all or part of their debts over time.

Chapter 13 allows you to reorganize your debt rather than liquidate assets, which can be a game-changer for stabilizing your financial health. By working with a skilled attorney, you can understand which debts can be included and how to best approach repayment, ultimately achieving peace of mind and financial stability.

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As a team experienced in Chapter 13 bankruptcy cases in Florida, we at Stiberman Law, P.A. are dedicated to guiding you through every step of this journey. Our licensed attorneys handle every aspect of your case personally, ensuring that you have the necessary support and knowledge to confidently pursue this viable debt relief option.

Contact us and schedule a free consultation today. Let us help you regain control of your financial life.

What Is Chapter 13 Bankruptcy?

According to the US Courts, “Chapter 13 bankruptcy, also called a wage earner’s plan, enables individuals with regular income to develop a plan to repay all or part of their debts.” Unlike Chapter 7 bankruptcy, which involves liquidating assets to pay off debts, Chapter 13 bankruptcy involves creating a payment plan that lasts three to five years.

One key benefit of Chapter 13 is that it lets debtors keep their property while catching up on missed mortgage or car payments. It’s especially useful for those who face foreclosure or repossession. The bankruptcy courts review the repayment plan to ensure it’s feasible and fair to creditors, with ongoing court supervision throughout the repayment period to ensure payments are made regularly and the plan is strictly followed.

Alternatives to Chapter 13 Bankruptcy

Before deciding on Chapter 13 bankruptcy, it’s important to consider all available options for debt relief. Each alternative has its own advantages and may be more suitable depending on your specific financial situation.

Debt Negotiation and Settlement:

Working directly with creditors or through a debt settlement company can potentially reduce the total amount you owe. This option may be beneficial if you have a lump sum available or can make larger payments over a shorter period. However, debt settlement can negatively impact your credit score and may result in tax consequences for forgiven debt.

Credit Counseling and Debt Management Plans:

Non-profit credit counseling agencies can help you create a budget and negotiate with creditors for reduced interest rates or waived fees. A debt management plan typically consolidates your payments without taking out a new loan. This option works well for those who can afford their debts but need help organizing payments and reducing interest rates.

Debt Consolidation Loans:

If you have good credit, you might qualify for a personal loan to consolidate high-interest debts into a single, lower-interest payment. This simplifies your finances and can save money on interest, but requires discipline to avoid accumulating new debt.

Chapter 7 Bankruptcy:

For those who qualify based on income limits, Chapter 7 offers a faster discharge of debts but may require liquidating non-exempt assets. It’s often suitable for individuals with limited income and few assets to protect.

The best option depends on factors including your income stability, asset ownership, types of debt, and long-term financial goals. Consulting with a bankruptcy attorney can help you evaluate which path offers the most benefits for your unique situation.

How Can a Chapter 13 Lawyer Help?

Navigating the Chapter 13 bankruptcy process can be difficult, so hiring a Chapter 13 lawyer can be beneficial. A Chapter 13 lawyer helps you understand your options by explaining the differences between Chapter 7 and Chapter 13 bankruptcy and their benefits and drawbacks. They develop a realistic repayment plan tailored to your needs and negotiate with creditors for favorable terms.

Your attorney represents you in court, preparing you for appearances and arguing on your behalf during hearings. They handle all the complex paperwork, ensuring documents are filed correctly and on time to prevent delays. Throughout the process, they provide legal advice, answer your questions, and offer guidance based on their extensive experience with bankruptcy cases.

How to Choose a Chapter 13 Lawyer

Choosing the right attorney is essential for a successful bankruptcy filing. When selecting a Chapter 13 lawyer, look for one with substantial experience handling Chapter 13 bankruptcy cases. Verify that the lawyer is licensed to practice law in your state by checking with your state’s bar association.

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Read online reviews to understand what it’s like to work with them and their track record. Schedule a consultation to ask questions and assess their experience and approach. During this meeting, ensure you understand their fee structure and what services are included to avoid unexpected costs.

Benefits of Filing for Chapter 13 Bankruptcy

Filing for Chapter 13 bankruptcy offers several important advantages. As noted by the US Courts, “Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years.” The filing immediately stops home foreclosure proceedings, allowing you to catch up on past-due mortgage payments and keep your home.

Chapter 13 prevents wage garnishments, providing financial relief and stability during the repayment period. It can also protect co-signers on your loans from collections as long as you continue making payments under your repayment plan. Once you file, creditors must stop collection calls and harassment, providing much-needed stress relief.

The process consolidates your debts into a single monthly payment, making financial management simpler. In Florida, participants can access the Mortgage Mediation Modification Program (MMM), potentially reducing monthly mortgage payments.

While Chapter 13 impacts your credit report for up to seven years and initially drops your credit score by 100-200 points, there are proven steps to rebuild credit after bankruptcy.

Eligibility Requirements for Chapter 13

To qualify for Chapter 13 bankruptcy under 11 USC Code Chapter 13, you must meet several criteria:

Consistent Income: You need a regular source of income to demonstrate ability to make monthly payments. This can include employment, self-employment, or other regular income sources.

Previous Bankruptcies: If you’ve filed before, you must wait at least two years after a previous Chapter 13 filing or four years after Chapter 7 before filing again.

Debt Limits: As of the current limits, secured debts must be less than $1,580,125 and unsecured debts less than $526,700.

Tax Filings: The IRS requires you to be current on tax filings for the last four years.

Credit Counseling: Complete credit counseling from an approved agency within 180 days before filing.

Good Faith Filing: You must file in good faith, not attempting to abuse the bankruptcy system or defraud creditors.

A Chapter 13 bankruptcy attorney can review your financial situation to determine if you meet these criteria and assist with all necessary preparations.

The Chapter 13 Bankruptcy Process

The Chapter 13 process follows these key steps:

Filing the Petition: Start by filing a detailed petition with the court, including information about income, assets, debts, and expenses. An attorney ensures accuracy and completeness to prevent delays.

Creating a Repayment Plan: Develop a plan detailing monthly payments to the Chapter 13 trustee and how funds will be distributed to creditors. Plans typically last three to five years and include priority claims, secured debts, and unsecured debts.

Meeting With Creditors: Attend a “341 meeting” within a month of filing, where the trustee and creditors can ask questions about your finances and repayment plan.

Confirmation Hearing: The court reviews your repayment plan to determine if it meets Chapter 13 requirements. Your attorney represents you, addresses creditor objections, and ensures plan approval.

Plan Implementation and Discharge: Make all payments according to your plan. Upon completion, remaining dischargeable debts are eliminated. Non-dischargeable debts include child support, alimony, certain student loans, criminal fines, long-term mortgages, and specific tax obligations.

Dischargeable and Non-Dischargeable Debts

Debts That Can Be Discharged in Chapter 13 Bankruptcy

Chapter 13 bankruptcy allows individuals to reorganize their debts and develop a repayment plan that can enable them to pay off their debts over three to five years. However, not all debts are treated equally in bankruptcy. Here are some debts that can be discharged in Chapter 13 bankruptcy:

Credit Card Debt: Credit card debt is one of the most common types of debt that can be discharged in Chapter 13 bankruptcy. This includes balances owed on store credit cards, gas cards, and other unsecured credit accounts.

Medical Bills: Medical bills can quickly add up and become overwhelming. Fortunately, medical debt is considered unsecured and can be discharged in Chapter 13 bankruptcy.

Personal Loans: If you’ve taken out a personal loan, such as a payday loan or cash advance, it may be discharged in Chapter 13 bankruptcy.

Past Due Utility Bills: If you owe money on past unpaid utility bills, such as electricity or water, they may be included in your Chapter 13 bankruptcy repayment plan.

Certain Tax Debts: Some tax liabilities can be discharged in Chapter 13 bankruptcy, but not all tax debts are eligible for discharge. It’s essential to consult with a qualified Chapter 13 lawyer to determine whether your tax debts can be discharged.

Debts Related to Divorce: If you have debts related to a divorce settlement, such as alimony or child support payments, they may be included in your Chapter 13 repayment plan.

The Role of a Chapter 13 Trustee

The Chapter 13 trustee, appointed by the US Trustee under 28 USC § 586(b), plays several crucial roles: reviewing your bankruptcy petition for accuracy, conducting the meeting of creditors, administering your repayment plan by collecting and distributing payments, monitoring your financial compliance, representing creditor interests, and ultimately discharging remaining debts upon plan completion.

The trustee ensures both you and your creditors are treated fairly throughout the repayment period. Working closely with your attorney and trustee is essential for a successful outcome.

Why Choose Stiberman Law, P.A. for Your Chapter 13 Bankruptcy Case?

At Stiberman Law, P.A., we bring more than two decades of experience handling bankruptcy cases. Our licensed attorneys personally manage every aspect of your case, providing tailored guidance based on your unique financial situation. We ensure all legal paperwork is completed accurately and on time.

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Client support remains our key focus throughout the entire process, from initial filing to final discharge. We aim to make this experience as stress-free as possible while helping you achieve financial stability.

The Emotional Benefits of Filing Bankruptcy

Filing for bankruptcy often carries an unfair stigma, but it’s important to recognize the significant psychological benefits of taking control of your financial situation. Many clients report feeling immediate relief from the constant stress of collection calls and mounting bills. Bankruptcy provides a structured path forward, replacing uncertainty with a clear plan.

The fresh start that bankruptcy offers allows you to rebuild not just your finances, but also your peace of mind. Instead of feeling trapped by debt, you gain the opportunity to learn from past challenges and create a more stable financial future. Many successful individuals and businesses have used bankruptcy as a tool to recover from setbacks and ultimately thrive.

Remember, bankruptcy laws exist specifically to help honest individuals overcome financial difficulties. Using these legal protections demonstrates responsibility and courage in addressing your debts rather than avoiding them.

Contact us to take the first step towards financial stability. Schedule a consultation today; we are here to help you regain control of your financial future.

Frequently Asked Questions

Who is eligible for Chapter 13 bankruptcy?

Chapter 13 is available to individuals with stable income who can demonstrate the ability to make regular payments. You must have less than $1,580,125 in secured and $526,700 at the time of filing.

How does the repayment plan work?

Debtors propose a plan to make installments to creditors over three to five years, covering both secured and unsecured debts. The plan consolidates multiple debts into one monthly payment to the trustee.

What happens to my property?

You keep your property while making payments under the plan. Creditors must stop collection attempts immediately upon filing.

How long does Chapter 13 stay on my credit?

Chapter 13 remains on your credit report for seven years, though your score can improve during this time with sound financial decisions.

Do I need a lawyer for Chapter 13 bankruptcy in Florida?

While not legally required, working with an experienced bankruptcy attorney is highly recommended due to the complexity of creating repayment plans and navigating the court system. A knowledgeable attorney protects your rights and ensures your case runs smoothly.

How much does Chapter 13 cost?

The court filing fee for a Chapter 13 bankruptcy is $313. Attorney fees typically range from $900 to $1,500 to file the case, depending on complexity. In many cases, the remaining attorney fees can be paid over time through your Chapter 13 repayment plan.

Can I file Chapter 13 more than once?

There’s no limit on filing frequency, but to receive a discharge, you must wait two years from a previous Chapter 13 discharge or four years from a Chapter 7 discharge.

Understanding Chapter 13: Your Path to Financial Freedom

If you’re considering bankruptcy in Florida, seeking guidance from an experienced attorney is essential. At Stiberman Law, we have helped clients throughout Miami, Hollywood, Fort Lauderdale, West Palm Beach, and Boca Raton navigate the Chapter 13 bankruptcy process and achieve financial freedom.

To get started, schedule a free consultation by calling (954) 932-7804. During the appointment, we’ll review your financial situation, discuss your options, and answer your questions. We’re here to help you every step of the way toward a brighter financial future.

Robert A. Stiberman. An attorney with over 15 years of experience in bankruptcy law.

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Contact a Florida Bankruptcy Attorney

If you’re considering bankruptcy in Florida, it’s essential to seek the guidance of an experienced attorney. At Stiberman Law, we have helped clients throughout the state, including Miami, Hollywood, Fort Lauderdale, West Palm Beach, and Boca Raton, navigate the Chapter 13 bankruptcy process and achieve financial freedom. Our dedicated attorneys will advocate and help you get out of debt.

To get started, you can schedule a free consultation with a Chapter 13 bankruptcy attorney by calling (954) 932-7804 or filling out the form below. During the appointment, we’ll review your financial situation, discuss your options, and answer any questions you may have. We’re here to help you every step of the way toward a brighter financial future, and we look forward to speaking with you soon.

How Chapter 13 Bankruptcy Can Help Stop Foreclosure on Your Home

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If you’re facing foreclosure on your home, Chapter 13 bankruptcy may be able to help. When you file for Chapter 13 bankruptcy, an automatic stay goes into effect, halting all collection actions, including foreclosure proceedings.

During this time, you’ll work with a bankruptcy attorney to create a repayment plan to catch up on missed mortgage payments and other debts over three to five years. This can give you the breathing room to get your finances back on track while keeping your home.

However, it’s important to note that Chapter 13 bankruptcy will not eliminate all your debts, and you’ll need to continue making your mortgage payments in the future. If you’re struggling to keep up with your payments, your bankruptcy attorney may be able to negotiate a loan modification with your lender to make your payments more manageable.

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Is Chapter 13 Right for You?

Chapter 13 bankruptcy may be right for you if you:

Have a consistent income above the state median for your family size;
Can make repayments but are struggling with the size of the debt you are facing;
Have less than $2,750,000 in debt
You have assets you don’t want to lose, such as a car with equity, a second home, or other non-exempt assets.
You want to catch up on missed mortgage or auto financing payments.

Explore Your Options with a Chapter 13 Bankruptcy Lawyer

If you’re considering filing for Chapter 13 bankruptcy, exploring your options and understanding this process’s potential benefits and drawbacks is essential. Working with an experienced bankruptcy lawyer can help you make informed decisions and navigate the complex legal system.

We offer a free consultation to see if Chapter 13 bankruptcy is right for you. Our team of dedicated attorneys has helped countless individuals and families throughout Florida find relief from debt and get a fresh start.

We’ll review your finances and discuss your options for getting back on track. We’ll answer any questions and help you make the best decision.

Be sure to get the help you need. Please get in touch with us today to schedule your free consultation with a Chapter 13 bankruptcy lawyer.

Chapter 13 Horror Stories: What Can Go Wrong?

While Chapter 13 bankruptcy can be a helpful tool for managing debt, some horror stories are also associated with this type of bankruptcy. Here are some examples of what can go wrong:

Failure to complete the repayment plan: One of the most significant risks of Chapter 13 bankruptcy is failure to complete the repayment plan. Your bankruptcy case may be dismissed if you miss payments or cannot keep up. This can leave you even worse off than before, without bankruptcy protection and creditors coming after you for unpaid debts.
High attorney fees: Another issue with Chapter 13 bankruptcy is the high cost of attorney fees. Because Chapter 13 bankruptcy requires a structured repayment plan and ongoing communication with the court, it can be more expensive than other types of bankruptcy. This can be a barrier to entry for some individuals who need debt relief but can’t afford the fees.
Negative impact on credit score: While Chapter 13 bankruptcy can relieve overwhelming debt, it can also hurt your credit score. Bankruptcy will remain on your credit report for up to 7 years, making it more difficult to obtain credit or loans in the future.
Risk of losing assets: While Chapter 13 bankruptcy allows you to keep your assets while you repay your debts, there is still a risk of losing assets if you cannot keep up with the repayment plan. This can be especially true for individuals with significant debt who need a more extended repayment period.
Limited debt relief: Chapter 13 bankruptcy may not provide enough debt relief for some individuals. While it can help to restructure debt and provide a repayment plan, it may not be enough to address underlying financial issues or provide a fresh start.

While Chapter 13 bankruptcy can be a helpful tool for managing debt, it’s essential to understand the risks and potential downsides. By working with a qualified Chapter 13 lawyer, you can make an informed decision about whether Chapter 13 bankruptcy is the right choice for you and avoid the horror stories associated with this type of bankruptcy.

Frequently Asked Questions about Chapter 13

If you’re considering filing for Chapter 13 bankruptcy, you may have questions about the process. Here are some common questions and answers about Chapter 13 bankruptcy:

Q1: How do I qualify for Chapter 13 in Florida?

A: You must have the income to fund your chapter 13 plan. Regular income may include W2 wages, self-employment income, social security or disability benefits, and family support.
Effective June 21, 2022, individuals with debts less than $2,750,000 may file for Chapter 13. See Bankruptcy Threshold Adjustment and Technical Corrections Act.

Q2: How long does Chapter 13 bankruptcy last?

A: It takes three to four months to confirm your chapter 13 plan from when you file your case. Chapter 13 bankruptcy typically lasts between three and five years. During this time, you’ll make monthly payments to the bankruptcy trustee and work to pay off your debts. Once you’ve completed your repayment plan and complied with all requirements, you will receive a discharge of eligible debts.

Q3: Can you voluntarily dismiss Chapter 13?

A: Yes, you can file a Notice of Voluntary Dismissal to dismiss your case, but any action paused by the bankruptcy will continue after dismissal.

Q4: Can I keep my home and car if I file for Chapter 13 bankruptcy?

A: One of the benefits of Chapter 13 bankruptcy is that you can keep your assets, such as your home and car, as long as you continue to make payments on them according to the terms of your repayment plan.

Q5: How Long Does Chapter 13 Stay on My Credit?

A: Chapter 13 stays on your credit for seven years, but with sound financial decisions, your score will improve, even if it’s still there.

Q6: Are Student Loans Discharged During Chapter 13 Bankruptcy?

A: Federal student loans are not, but they can be included in your payment plan to help you catch up.

Q7: Do I need a lawyer for a Chapter 13 Bankruptcy in Florida?

A: While it is not required by law to have a lawyer when filing for Chapter 13 bankruptcy in Florida, it is highly recommended that you work with an experienced bankruptcy attorney. Chapter 13 bankruptcy is a complex legal process that involves creating a repayment plan and navigating the court system. A knowledgeable attorney can help ensure that your rights are protected, your plan is fair and feasible, and your case runs smoothly.

Q8: How Much Does Chapter 13 Cost?

A: Filing Chapter 13 costs a minimum of $310 for case filing and administrative fees. These fees can be paid to the court in installments if necessary. The average cost to file a bankruptcy petition with an attorney is between $900 to $1500, depending on complexity. Your attorney may be able to include any balance of attorney’s fees in your court repayment plan. Sometimes, we offer $0 down options and affordable payment plans to help you get the legal assistance you need.

Q9: How often can you file Chapter 13 in Florida?

A: There is no limit on how often you can file chapter 13 in Florida. However, if you wish to receive a new discharge, one of the main reasons individuals file for bankruptcy, you will have to wait two years from when you filed a previous chapter 13 in which you received a discharge. For more information, please visit our blog on how often you can file for bankruptcy.

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Robert A. Stiberman. is a trusted attorney with over 22 years of experience in bankruptcy law, with a passion for leading his team to provide financial success to clients.

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About Robert Stiberman:

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Choosing a law firm to represent you is an important decision. Robert Stiberman is a licensed Florida attorney and has been a member in good standing of the Florida bar since 1998. He is admitted to practice in the United States District Court for the Southern, Middle, and Northern Districts of Florida. Having represented more than 1700 Florida bankruptcy clients, Robert is an experienced bankruptcy attorney with over 13 years of experience in consumer Chapter 7 and Chapter 13 cases. He regularly practices in the Miami, Fort Lauderdale, and West Palm Beach Divisions of the Bankruptcy Court.

He began his career as a volunteer attorney in the Miami Dade Public Defender’s Office, and in 2007 he founded Stiberman Law, P.A. Robert earned his Juris Doctorate Degree from the University of Miami School of Law in 1996. He is passionate about helping consumers obtain debt relief and actively handles all bankruptcy matters from filing to discharge.

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Sopchoppy

The South Florida law firm of Stiberman Law provides legal representation and counsel in matters of Chapter 13 Bankruptcy.

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Schedule a Free Consultation with a Florida Chapter 13 Lawyer Today

At Stiberman Law, P.A., client satisfaction is at the foundation of everything we do. We’re honored to be recognized for delivering outstanding service and compassionate legal care:

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Avvo Client’s Choice Award 2025: Awarded based on exceptional client reviews and consistent five-star feedback.

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Martindale-Hubbell Platinum Client Champion 2025: A prestigious distinction given to law firms who earn top marks for client service and satisfaction.

These honors reflect our dedication to helping Florida families find real relief and a fresh financial start.