Stiberman’s Blog

Helping clients across Florida achieve financial freedom, since 1998.
Free Consultation
  • Louisa P.starstarstarstarstar5.0
    Robert and the team at Stiberman Law are truly exceptional. I was faced with the daunting task of navigating bankruptcy, and from the moment I contacted them, I knew I was in good hands Read More
    May 21, 2024logo
  • Arlene S.starstarstarstarstar5.0
    Excellent Lawyer, friendly and on top of things and reliable and efficient. I had to go through bankruptcy twice and I trusted them every time. I had the best experience with Robert and Read More
    March 20, 2024logo
  • Gustavo S.starstarstarstarstar5.0
    I am very satisfied with the service that they offered us. They were very professional and kept us informed at all times. I was looking for a bankruptcy attorney nearby and fount Robert Read More
    March 19, 2024logo
  • Louisa P.starstarstarstarstar5.0
    Robert and the team at Stiberman Law are truly exceptional. I was faced with the daunting task of navigating bankruptcy, and from the moment I contacted them, I knew I was in good hands Read More
    May 21, 2024logo
  • Arlene S.starstarstarstarstar5.0
    Excellent Lawyer, friendly and on top of things and reliable and efficient. I had to go through bankruptcy twice and I trusted them every time. I had the best experience with Robert and Read More
    March 20, 2024logo
  • Gustavo S.starstarstarstarstar5.0
    I am very satisfied with the service that they offered us. They were very professional and kept us informed at all times. I was looking for a bankruptcy attorney nearby and fount Robert Read More
    March 19, 2024logo
  • Paul B.starstarstarstarstar5.0
    I would like to share the amazing experience I have had with this Law firm. I was on the verge of loosing my house because I had not paid my property taxes. I looked for a Bankruptcy at Read More
    July 10, 2023logo
  • S.M.starstarstarstarstar5.0
    When I say this office was absolutely the best, I am not kidding! They have been absolutely phenomenal. Robert has been the best bankruptcy attorney. The whole team has always kept Read More
    April 20, 2023logo
  • Paula D.starstarstarstarstar5.0
    I was referred by a friend to this bankruptcy attorney. Mr. Stiberman and his staff was very courteous, knowledgeable and very caring towards my concerns. I am pleased with the outcom Read More
    April 18, 2023logo
  • R.P.starstarstarstarstar5.0
    The process was relatively easy, I would recommend Stiberman Law to anyone who finds themselves in need of a bankruptcy attorney.
    February 24, 2023logo
  • Jose N.starstarstarstarstar5.0
    I have to say that I have had a great experience with Stiberman Law regarding a bankruptcy and they have been very informative and supportive. They have been very helpful and always ans Read More
    January 20, 2023logo
  • L.L.starstarstarstarstar5.0
    Excellent service. Great bankruptcy attorney and staff. Always informed me of what to expect. My Chapter 13 bankruptcy was smooth and the process was easy thanks to Robert and the Read More
    July 20, 2022logo
  • Sam Sstarstarstarstarstar5.0
    Twelve years ago I was in need of legal representation stemming from the housing meltdown if 2008. Robert Stiberman and his staff handled the matter with complete professionalism and sp Read More
    October 19, 2022logo
  • K.D.starstarstarstarstar5.0
    I was looking for a bankruptcy attorney in Miami, and I found Mr. Stiberman. He and his office were efficient, and they guided me through every step of the process. I am appreciative of Read More
    September 16, 2022logo
  • Carmen C.starstarstarstarstar5.0
    I am so grateful for Stiberman Law, P.A. In 2019 my husband and were faced with a very difficult decision file for Bankruptcy, unfortunately we weren’t able to pay for our credit Read More
    October 26, 2022logo
  • N.M.starstarstarstarstar5.0
    Excellent work from this bankruptcy law firm! I was drowning in debt with my license suspended from a lawsuit I had and thought I would have to spend the rest of my life paying back deb Read More
    August 17, 2022logo
  • R.Z.starstarstarstarstar5.0
    The experience with this office has been great. No problems at all they have kept me straight to doing the right thing and feeling a breeze of peace and being debt free with my bankruptcy.
    August 30, 2022logo
  • F.starstarstarstarstar5.0
    Very happy with Robert and his team. Thanks to them we were able to save our home. Very helpful and knowledgeable in bankruptcy. Best attorney.
    July 28, 2022logo
  • E.R.starstarstarstarstar5.0
    I had a great experience, I just want thank Stiberman law and his team for a great experience also Ana for the help and explaining my case. Appreciate, thank you
    July 25, 2022logo
  • A.B.starstarstarstarstar5.0
    Very good office with my bankruptcy. They have been amazing through this hard process. Very happy with Robert and his staff they are very nice and professional. Thank you stiberman!
    July 23, 2022logo
  • W.J.starstarstarstarstar5.0
    Amazing work by Robert. They are really good with what they do, very attentive and knowledgeable. Customer service and professionalism are top, the lawyer has been great this whole t Read More
    June 25, 2022logo

Can Bankruptcy Clear a Judgment in Florida: A Comprehensive Guide

Facing a judgment can be a stressful and overwhelming experience, especially if it involves financial obligations. In Florida, a judgment can lead to wage garnishment, bank account levies, and even property liens. Additionally, a Judgment in Florida can be enforced for up to 20 years. But what if you’re struggling to pay your debts and don’t know how to handle a judgment? This is where bankruptcy comes in. In this article, we’ll discuss whether bankruptcy can clear a judgment in Florida and how the process works.

Can Bankruptcy Clear a Judgment in Florida?

The answer is yes, bankruptcy can clear a judgment in Florida. Bankruptcy is a legal process that allows individuals and businesses to eliminate or repay their debts through a court-approved plan. There are two types of bankruptcy that can help clear a judgment in Florida: Chapter 7 and Chapter 13.

Chapter 7 Bankruptcy:

Chapter 7 bankruptcy is also known as a “liquidation” bankruptcy. It allows individuals to discharge most of their unsecured debts, such as credit card bills, medical bills, and personal loans. If a judgment is included in the debts that are discharged, it will be cleared.

Chapter 13 Bankruptcy:

Chapter 13 bankruptcy is also known as a “reorganization” bankruptcy. It allows individuals to repay their debts over a three to five-year period. If a judgment is included in the debts that are being repaid, it will be cleared at the end of the bankruptcy case upon receipt of an order of discharge.

What about Judgment Liens in Florida?

In Florida, a judgment lien can be placed on real estate and personal property owned by the judgment debtor. Filing for bankruptcy can help clear a judgment lien in some cases. In a Chapter 7 bankruptcy, if the lien is attached to exempt property, it can be eliminated along with the underlying debt. In a Chapter 13 bankruptcy, the judgment lien can be avoided or “stripped” if it impairs an exemption, meaning it interferes with the debtor’s ability to claim an exemption in the property. It’s important to consult with a bankruptcy attorney to determine how filing for bankruptcy can impact a judgment lien in your specific situation.

How Does the Bankruptcy Process Work in Florida?

The bankruptcy process in Florida starts by filing a petition with the bankruptcy court. The petition will include a list of all your debts, assets, and income. Once the petition is filed, an automatic stay goes into effect. The automatic stay is a legal protection that stops creditors from collecting on your debts, including a judgment.

After the petition is filed, a trustee will be appointed to oversee your case. The trustee’s role is to review your financial information and ensure that your creditors are paid as much as possible. If you’re filing for Chapter 7 bankruptcy, the trustee will sell your non-exempt assets to pay off your debts. If you’re filing for Chapter 13 bankruptcy, the trustee will oversee the repayment plan.

Once the bankruptcy case is complete, the discharge will be granted. The discharge is a court order that eliminates your liability for most of your debts, including a judgment.

Frequently Asked Questions About Clearing a Judgment in Florida through Bankruptcy

  1. Can all judgments be cleared through bankruptcy?

Not all judgments can be cleared through bankruptcy. Some judgments, such as criminal fines or penalties, cannot be discharged in bankruptcy. Additionally, if a judgment was obtained as a result of fraud, it may not be dischargeable in bankruptcy.

  1. Can I keep my property if I file for bankruptcy?

In Florida, you may be able to keep some of your property through exemptions. Exemptions are laws that protect certain assets from being sold to pay off your debts. For example, in Florida, if eligible, you can claim the homestead exemption to exempt 100% of the equity in your primary residence, up to $1000 in personal property, and fully exempt most retirement accounts.

  1. How long does it take to clear a judgment in Florida through bankruptcy?

The length of time it takes to clear a judgment in Florida through bankruptcy depends on the type of bankruptcy you file. If you file for Chapter 7 bankruptcy, the process typically takes four to six months. If you file for Chapter 13 bankruptcy, the process typically takes three to five years. During this time, you will be required to make payments to the trustee, who will then distribute the funds to your creditors.

  1. Will filing for bankruptcy affect my credit score?

Yes, filing for bankruptcy will affect your credit score. However, the impact on your credit score will depend on several factors, including the type of bankruptcy you file and the current state of your credit. On average, individuals who file for bankruptcy can expect their credit score to drop by 200-250 points. However, many people find that their credit score improves within a few years after filing for bankruptcy because they are able to get back on their feet financially and start making regular payments on their debts.

Conclusion:

In conclusion, bankruptcy can clear a judgment in Florida. Whether you file for Chapter 7 or Chapter 13 bankruptcy, the process allows you to discharge most of your debts, including a judgment. While bankruptcy will affect your credit score, it can also provide you with a fresh start and the opportunity to regain control of your finances. If you’re facing a judgment in Florida, it’s important to speak with a bankruptcy attorney to discuss your options and determine if bankruptcy is the right choice for you.

Written By:

Attorney Robert Stiberman

Robert is an experienced bankruptcy attorney adept at handling Chapter 7, 13, and 11 filings, with more than 15 years of experience in bankruptcy cases. Robert represents clients in both consumer and business bankruptcy ... Read More

Contact Stiberman Law Today!

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

Name(Required)
This field is for validation purposes and should be left unchanged.

Do I Have A Case?

find out, it’s free
Free Consultation

Request A Free Consultation

Speaking to our law firm is always 100% confidential. We do our best to respond to inquiries in under 24 hours.

Name(Required)
This field is for validation purposes and should be left unchanged.
Image

Received!

We’ll get in touch as soon as possible.