Yes — in most cases, our clients are able to keep their car when they file for bankruptcy in Florida. The key is how much equity you have in the vehicle and whether you are current on your loan.

Under Florida law, the motor vehicle exemption increased in 2024 from $1,000 to $5,000 per person, which means you can now protect up to $5,000 of equity in one vehicle. 

If your car is financed, you can usually keep making your payments and reaffirm the loan in Chapter 7, or pay it through your repayment plan in Chapter 13. Bankruptcy can also stop repossessions and even help you reduce or “cram down” the loan balance in some Chapter 13 cases.

Every situation is unique, but our firm has helped thousands of Floridians keep their vehicles while getting a true financial fresh start. We’ll review your car loan, equity, and exemptions in detail to make sure you keep what matters most.

https://www.youtube.com/shorts/mBhfYP24ggQ 

The amount of property you can keep when you file bankruptcy in Florida depends on the Florida exemption laws, which protect certain assets from being taken by creditors. These exemptions apply per person, meaning married couples filing jointly can usually double the amounts listed below.

If you claim a homestead (your primary residence), you can protect your home without any dollar limit, as long as it qualifies under Florida’s homestead laws. However, if you claim the homestead, your personal property exemption is limited to $1,000 and your vehicle exemption is $5,000 (increased in 2024 from the old $1,000 limit).

If you do not claim a homestead, you can stack what’s known as the “wildcard exemption,” which gives you an additional $4,000 in protection that can be used toward any property you choose: like cash in the bank, furniture, electronics, or even extra vehicle equity. When combined with the regular $1,000 personal property exemption, that’s $5,000 total per person, or $10,000 for a married couple filing jointly.

Most of our clients are able to keep all of their household items, furniture, and vehicles by strategically applying these exemptions. 

Keep in mind, when we estimate the value, we will use groupings of items.  We will not ask you to list each sock or fork you own.  We might ask how much do you think your home furniture is worth? Your electronics? 

Next, we will ask you to estimate their current value.  Not replacement value or what you bought it for.  Think yard sale, facebook marketplace or the like.  

At Lynn Law Group, we review your assets carefully to ensure you maximize every exemption and protect as much of your property as possible while getting your financial fresh start.  We've got you!

Yes — in most cases, you can keep your home when you file for bankruptcy in Florida, thanks to Florida's strong homestead exemption. Florida has one of the most protective homestead laws in the country! 

It allows you to keep your primary residence without any dollar limit on value as long as certain requirements are met.

To qualify for the full Florida homestead exemption, you must:

1.  Own and occupy the home as your primary residence at the time you file.

2.  Have lived in the property for at least 1,215 days (about 3 years and 4 months) before filing bankruptcy.

3.  The property must not exceed a half-acre if located inside a municipality (city limits) or 160 acres if it’s outside city limits (rural property).

4.  If you’ve owned your home for less than 1,215 days, federal law caps your protected equity (currently around $189,000, adjusted periodically for inflation). Once you meet the time requirement, however, your home is fully exempt — even if it’s worth millions!

In Chapter 13 bankruptcy, you can also catch up on missed mortgage payments through your repayment plan and stop foreclosure immediately upon filing your bankruptcy under the automatic stay.

At Lynn Law Group, most of our clients are able to keep their homes and eliminate or restructure other debts, protecting the equity they’ve worked hard to build. We’ll help you determine exactly how the Florida homestead exemption applies to your situation and ensure your home stays protected.

Yes!  Filing for bankruptcy in Florida can immediately stop wage garnishment through a powerful legal protection called the automatic stay. 

The automatic stay goes into effect the moment your bankruptcy case is filed, and it requires all creditors to stop collection actions, including garnishing your paycheck, freezing your bank account, or filing lawsuits.

If your wages are already being garnished, bankruptcy can put an immediate stop to those deductions, often within just a few days.

 In some cases, you may even be able to recover wages that were garnished shortly before filing, depending on the timing and circumstances.

At Lynn Law Group, we’ve helped hundreds of clients stop wage garnishments fast, protect their income, and rebuild their financial stability. If your paycheck is being garnished, we can usually have relief in place within days of filing your case.

The difference between Chapter 7 and Chapter 13 bankruptcy comes down to how your debts are treated, how long the process takes, and what property you’re able to keep.

Chapter 7 is often called the “fresh start” liquidation bankruptcy because it allows you to eliminate most unsecured debts — like credit cards, medical bills, and personal loans — without having to repay them.

 It’s the quickest and cheapest form of bankruptcy, typically lasting about three to fourt months from start to finish, for a straightforward case.

To qualify, you must pass what’s known as the means test, which compares your income to Florida’s median income for your household size. While this test helps determine eligibility, it’s not always black and white, there are exceptions and deductions that can help you qualify even if you’re slightly over the limit. Most of our clients do qualify for Chapter 7, and we make every effort to help them file under this chapter whenever possible.

Chapter 13, on the other hand, is a court-supervised repayment plan that lasts three to five years. It’s ideal for individuals who have steady income and want to catch up on missed mortgage payments, protect valuable property, or handle debts that can’t be discharged in Chapter 7. 

Chapter 13 also offers powerful tools that aren’t available in Chapter 7.  For instance, the ability to cram down a car loan to its current value, strip off a second mortgage, or even protect a co-debtor on certain joint debts.

At Lynn Law Group, we start by reviewing your income, assets, and goals to determine which chapter best protects your property and gives you the strongest financial reset. Whenever possible, we aim to qualify clients for Chapter 7 — but if your situation is better served by a Chapter 13, we’ll guide you through a customized plan that achieves lasting relief while keeping your home, vehicles, and family protected.  Our debt related consultations are free, call us for a strategy session with our lawyers. 

In most cases, you will not have to appear in a courtroom if you file for bankruptcy in Florida. However, every person who files must attend one short, mandatory meeting called the “341 Meeting of Creditors.” 

This is not held in a courtroom,  it usually takes place via Zoom, and it’s led by your bankruptcy trustee, not a judge.  Although it is done by zoom, our clients are able to do it in our conference room as well if they prefer. 

At this meeting, the trustee will verify your identity, ask a few routine questions about your petition, income, and assets, and confirm that your paperwork is accurate. The meeting usually lasts 5 to 10 minutes, and creditors rarely attend.  We have done thousands of these.  By the time we get you to your 341 meeting, we have likely already asked you the same questions multiple times.  This is nothing to be afraid of, we promise. 

We will be there with you (or on the same call), guiding you every step of the way.

For most clients, that’s the only appearance required. In Chapter 7 cases, you typically won’t need to appear again once the 341 meeting is over. In Chapter 13 cases, you may have a brief confirmation hearing — but your attorney can often appear on your behalf or handle it remotely.

At Lynn Law Group, we make the process as simple and stress-free as possible. We prepare you fully for the trustee meeting and ensure you know exactly what to expect. Most of our clients never step foot in a courtroom and are surprised at how smooth the process is once they’re represented by an experienced bankruptcy attorney.

Don’t worry — your first bankruptcy consultation doesn’t have to be stressful or overwhelming. You don’t need a mountain of paperwork. The goal is simply to get a clear picture of your financial situation so we can help you decide whether bankruptcy is right for you and, if so, which chapter fits best.

To make the meeting most productive, it helps to bring:

Recent pay stubs or proof of income (for the last 6 months, if possible)

A list of your debts – credit cards, medical bills, personal loans, collection notices, lawsuits, etc.

Statements for any major assets – such as your home mortgage, vehicle loans, or retirement accounts

Photo ID and Social Security card (or another document with your SSN)

If you can’t find everything, that’s okay! Bring what you have.  We'll help you figure out the rest. Many of our clients come in with just a handful of papers or screenshots from their phone. What matters most is starting the conversation about debt.  

At Lynn Law Group, our consultations are relaxed, private, and judgment-free. We know most people who come to see us never imagined they’d be here — and we treat every client with compassion and respect. 

You’ll leave your first meeting knowing exactly where you stand, what your options are, and how we can help you get your fresh start.  We've got you! Our goal is for our clients to leave our office with a calm mind and heart, and a clear plan of action.  

It’s understandable to want to “try everything else” before filing bankruptcy and many of our clients felt the same way. But in most cases, debt settlement ends up costing people more money and stress than bankruptcy would have, without giving the same protection or results.

Debt settlement companies often promise to reduce your balances, but here’s what really happens:

You stop paying your creditors while the company “negotiates,” which tanks your credit and can trigger lawsuits or wage garnishments.

You keep making large monthly payments to the settlement company, and much of that goes toward fees, not your actual debt.

Many creditors refuse to settle, and even when they do, the amount “forgiven” can be taxable income.

By contrast, bankruptcy stops all collection immediately under the automatic stay, wipes out most unsecured debt permanently, and gives you a true fresh start. It’s also faster, cheaper, and far more predictable than debt settlement.

At Lynn Law Group, we review every option, including debt settlement, payment plans, or bankruptcy — and give you honest advice about what will help you the most. In our experience, bankruptcy is almost always the better long-term solution, especially when you’ve already been struggling to keep up or have been making payments to a settlement company without seeing progress.  Talk to us before signing on that dotted line for debt settlement!

How long does bankruptcy stay on your credit report?

A bankruptcy can remain on your credit report for up to 10 years, but it won’t affect you negatively for anywhere near that long. In fact, most clients begin rebuilding credit within a few months after their case is discharged.

Bankruptcy gives you a clean slate—it wipes out old, negative accounts that were dragging down your score and resets your debt-to-income ratio, which is one of the biggest factors lenders look at. 

Once those balances show as “discharged in bankruptcy,” your overall profile becomes more attractive to new creditors than if those debts had stayed delinquent.

Many of our clients begin receiving credit card offers after discharge and pre-approval letters within a year. With responsible use—such as keeping balances low and paying on time—you can rebuild your credit score faster than you might think. We’ve even seen clients qualify for a mortgage just two years after discharge, depending on the type of loan and their post-bankruptcy payment history.  You can also buy a house while in Bankruptcy or a car in bankruptcy with court approval and under certain conditions! (watch our informational reels on this!)

As long as negative accounts are still being reported and hitting your credit every month, your score can’t recover. Bankruptcy stops that cycle. It "stops the bleeding and starts the healing."  It’s the first real step toward rebuilding, not the end of your financial story.

Absolutely not!  That’s one of the biggest misconceptions that we see about bankruptcy. In reality, filing bankruptcy often helps people rebuild their credit faster than if they had continued struggling with overwhelming debt. Bankruptcy is a federal law designed to give honest people a clean financial start, not to punish them.

Many of our clients here in Naples, Fort Myers, Cape Coral, and Lehigh Acres actually begin to see their credit scores improve within a year or so after their case is discharged.  Sometimes, people see their score INCREASE after filing, especially if they started with poor credit, had multiple late payments, or were already being sued or facing collection judgments. Once those negative accounts are wiped away, your debt-to-income ratio resets, and that clean slate can make it easier to rebuild responsibly.

It’s important to understand the difference between bankruptcy and debt settlement or consolidation programs. Bankruptcy is a legal, court-protected process that stops all collections, lawsuits, garnishments, and creditor contact immediately through the automatic stay. Debt settlement, on the other hand, usually requires you to stop paying your creditors for MONTHS or even years while the company tries to negotiate discounts. During that time, your credit continues to take multiple hits from new delinquencies, interest, and late fees and there’s no guarantee the creditors will even agree to settle.  It prolongs credit hits, whereas bankrutpcy gives you a clear, disgnified and legal end point for all of the negative things hitting your credit. 

When you file for bankruptcy, the damage has a clear end point, and you gain a structured path toward rebuilding. With consistent on-time payments and responsible credit use, many people qualify for car loans, new credit cards, and even home mortgages within just a year or two of discharge.

Bankruptcy gives you so many options and most of our clients just regret not filing sooner. 

At Lynn Law Group, we’ve guided thousands of Floridians through Chapter 7 and Chapter 13 bankruptcy filings, and we’ve seen firsthand how life-changing the results can be. The relief isn’t just financial, it’s emotional. Bankruptcy gives you the peace of mind to move forward confidently and rebuild your future without the constant stress of debt collectors or court dates.

If you’re unsure how bankruptcy might affect your credit, in our consults, we will review your full financial picture and explain what to expect.  We explain it clearly, honestly, and with the compassion you deserve.  

Yes — Bankruptcy can eliminate most credit cards, medical bills, personal loans, payday loans, and collection accounts for individuals and families in Florida. These unsecured debts are the easiest to discharge under federal bankruptcy law, and they represent the most common financial pressure we see among our clients in Fort Myers, Naples, Cape Coral, and Lehigh Acres and throughout Florida.

Credit Cards

Maxed-out cards, high-interest balances, late fees, closed cards, or even accounts already in collections can typically be erased in Chapter 7 or managed in Chapter 13. If you’ve been sued by creditors such as Capital One, Synchrony, Discover, American Express, or a debt buyer in Lee or Collier County, or other lawsuits, the moment we file your case, the automatic stay stops all lawsuits and garnishments. That protection applies instantly and statewide.

Medical Bills

Hospital visits, emergency room care, specialist bills, ambulance fees, and medical collections are fully dischargeable. Medical debt is one of the biggest burdens for families in Southwest Florida, especially after unexpected emergencies or unexpected illnesses. Bankruptcy provides immediate and permanent relief for this kind of debt.

Personal Loans & Payday Loans

Signature loans, online installment loans, and payday loans also qualify for discharge. Even if lenders threaten wage garnishment or bank account levy, filing a bankruptcy case stops all collection activity immediately.

Debts That Bankruptcy Does Not Typically Discharge

Some debts, such as child support, alimony, certain recent taxes, and student loans—are treated differently under federal law. During your consultation, we review every debt line-by-line and explain exactly what will (and won’t) be eliminated.

Why This Matters

Unsecured debts have been growing quickly in Florida due to high interest rates and aggressive collection practices. Bankruptcy gives you a lawful fresh start, letting you rebuild credit without the weight of old debt. Many clients see their credit begin improving within months.

If you’re overwhelmed by credit cards, medical bills, or personal loans anywhere in Southwest Florida, Bankruptcy may finally give you the breathing room you deserve.

No — spouses in Florida are not required to file Bankruptcy together. Many married couples choose to file individually, while others file jointly depending on their debts, income, assets, and long-term financial goals. At our firm, we work with families across Fort Myers, Naples, Cape Coral, and Lehigh Acres & all of Florida, to determine which option protects them best.

When Only One Spouse Should File

A single-spouse filing can make sense when:

Most of the debt is in one spouse’s name only

You want to protect the non-filing spouse’s credit score or financial history

Only one spouse is facing lawsuits or garnishments

The couple wants to keep certain assets titled only in the non-filing spouse's name

The non-filing spouse has strong credit you want to preserve for future purchases

In these cases, filing individually can erase the filing spouse’s debt while keeping the other spouse out of the process entirely.

When Filing Jointly Makes Sense

A joint Bankruptcy may be beneficial when:

Debt is shared or jointly incurred

Both spouses are listed on credit cards, loans, or medical bills

Filing together will save money on legal fees and court costs

Income and expenses qualify you for Chapter 7 more easily as a household

You want a “clean slate” for your entire financial picture

Joint filings are common in Southwest Florida couples wanting a full reset.

Does Filing Alone Hurt My Spouse?

No. If your spouse does not file, the Bankruptcy appears on your credit only, not theirs. Their credit report, score, and accounts remain untouched unless they are co-signers on specific debts.

Bottom Line

Every marriage, household, and debt situation is unique. Whether you are in Fort Myers, Naples, Cape Coral, or Lehigh Acres, we evaluate both individual and joint Bankruptcy options to protect your family, your assets, and your future.