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  • 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
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    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
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    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
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    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
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  • 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
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  • 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
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  • 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
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  • 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
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  • 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
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  • 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.
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  • 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 Take Your House in Florida? Understanding Your Rights

If you’re struggling to pay your bills in Florida, you may be considering filing for bankruptcy. However, you may also be worried that doing so could mean losing your home. While bankruptcy can be a complex process, it’s important to understand your rights and options before making any decisions. In this article, we’ll explore the question of whether bankruptcy can take your house in Florida.

Can Bankruptcy Take Your House in Florida?

The short answer is: it depends. Bankruptcy law can be complicated, and the answer to this question will vary depending on a number of factors. Here are some of the key things to keep in mind:

Chapter 7 Bankruptcy:

Chapter 7 bankruptcy is sometimes called “liquidation” bankruptcy. This is because some of your assets may be sold to help pay off your debts. However, in Florida, your primary residence may be protected under the homestead exemption. This means that if you own and have lived in your home for at least 1,215 days (or just over three years) immediately preceding your bankruptcy filing, it is generally exempt from the bankruptcy estate. In other words, your house cannot be sold to pay off your debts in most cases. Read our article Florida exemptions for more detail:  Bankruptcy Exemptions in Florida: What Exemptions Are Available?

Chapter 13 Bankruptcy:

Chapter 13 bankruptcy is different from Chapter 7 in that it involves creating a repayment plan to pay off your debts over a period of three to five years. While your home may not be sold or liquidated by the chapter 13 trustee in a Chapter 13 bankruptcy, you will need to continue making your mortgage payments to keep it. If you fall behind on your mortgage payments during a Chapter 13 bankruptcy, you may risk losing your home.

Other Considerations:

There are a few other things to keep in mind when considering whether bankruptcy can take your house in Florida. For example:

  • If you are behind on your mortgage payments and facing foreclosure, filing for bankruptcy may be able to help you save your home.
  • If you have a significant amount of equity in your home, you may want to speak with a bankruptcy attorney about your options to ensure you can fully protect it.

Frequently Asked Questions:

Q: Can I keep my house if I file for bankruptcy in Florida?
A: In most cases, yes. As long as you meet the requirements for the homestead exemption, your primary residence is generally exempt from the bankruptcy estate.

Q: What happens to my second mortgage or home equity loan in bankruptcy?
A: These debts may be discharged in bankruptcy if your primary mortgage exceeds the current market value of your home. This is known as “lien stripping” and may allow you to keep your home while eliminating the second mortgage or home equity loan. 

Q: Can filing for bankruptcy stop a foreclosure in Florida?
A: Yes, filing for bankruptcy can trigger an automatic stay that will temporarily stop the foreclosure process.

Conclusion:

If you’re considering filing for bankruptcy in Florida, it’s important to understand how it could impact your home. In most cases, your primary residence is protected under the homestead exemption, but there are other factors to consider as well. Working with an experienced bankruptcy attorney can help you navigate this complex process and make informed decisions about your financial future.

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

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