Helpful FAQs

What is Bankruptcy?

Bankruptcy is a legal proceeding in which an individual who cannot pay his or her bills can get a fresh financial start. The right to file for bankruptcy is provided by federal law, and all bankruptcy cases are handled in federal court Filing bankruptcy immediately stops all of your creditors from seeking to collect debts from you, at least until your debts are sorted out according to the law.

Will My Credit Be Ruined?

Absolutely not. In many cases, the credit score actually increases based on the elimination of debt and an increase in the income to debt ratio.

What Will Happen to My Home and Car If I File Bankruptcy in Florida?

In most cases you will not lose your home or car during your bankruptcy case

What Can Bankruptcy Do for Me?

Bankruptcy may make it possible for you to:

• Eliminate the legal obligation to pay most or all of your debts. This is called a “discharge” of debts. It is designed to give you a fresh financial start
• Stop foreclosure on your house or mobile home and allow you an opportunity to catch up on missed payments.
• Prevent repossession of a car or other property or force the creditor to return property even after it has been repossessed.
• Stop wage garnishment, debt collection harassment, and similar creditor actions to collect a debt.
• Restore or prevent termination of utility service.
• Allow you to challenge the claims of creditors who have committed fraud or who are otherwise trying to collect more than you really owe.

Can filing bankruptcy stop bill collectors from calling?

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What Doesn’t Bankruptcy Do?

Bankruptcy cannot, however, cure every financial problem. Nor is it the right step for every individual. In bankruptcy, it is usually not possible to:

• Protect cosigners on your debts
• Eliminate certain rights of “secured” creditors.
• Discharge types of debts singled out by the bankruptcy law for special treatment, such as child support, alimony, certain other debts related to divorce, some student loans, court restitution orders, criminal fines, and some taxes