Skip to main content
Orlando Attorney Lewis Roberts

Tag: bankruptcy

Tag: bankruptcy

Renting an Apartment in Florida During or After Bankruptcy

Posted on January 7, 2026 - 5:41 am by

Financial setbacks affect many people at some point in their lives. When bankruptcy becomes the best option to recover stability, finding a new home can feel uncertain. Many Floridians worry about whether a past or ongoing bankruptcy will prevent them from renting a place to live. The truth is, renting an apartment in Florida during or after bankruptcy is possible, but it often requires preparation, honesty, and understanding of how the process works.

Bankruptcy doesn’t define your future. It’s a legal step designed to give people a fresh start. Florida’s landlord-tenant laws and bankruptcy protections offer several paths for those rebuilding after financial hardship. A knowledgeable bankruptcy attorney can review lease agreements, negotiate with landlords, and help you take the right steps toward securing stable housing.

If you’re currently in bankruptcy or recently completed one, consulting an experienced bankruptcy lawyer in Clermont, FL, for confidential guidance can help protect your rights and improve your chances of rental approval.

Schedule a Free Consultation

Key Takeaways: Renting an Apartment After Bankruptcy in FL

  • Landlords in Florida can check your credit and consider bankruptcy when screening tenants, but a bankruptcy filing doesn’t automatically disqualify you from renting
  • Chapter 7 bankruptcy typically makes it easier to rent afterward since your debts are discharged, while Chapter 13 may require court approval before signing a lease
  • Florida law protects certain exemptions during bankruptcy, and understanding these can help you maintain stability while searching for rental housing
  • Being upfront with landlords about your bankruptcy, offering a larger deposit, or providing a co-signer can significantly improve your chances of approval
  • Working with a bankruptcy attorney can help you navigate lease agreements, landlord negotiations, and legal protections available to you as a Florida tenant

Can You Rent an Apartment While in Bankruptcy?

Many renters assume they have to wait until bankruptcy ends to sign a lease. In Florida, that isn’t always the case. Your ability to rent during bankruptcy depends on the type of bankruptcy you filed and how your case affects your income and financial commitments.

Chapter 7 Bankruptcy and Renting During the Process

Chapter 7 bankruptcy discharges most unsecured debts, which means the process wipes out credit cards, medical bills, and other qualifying debts. The process typically lasts three months. During that time, you can apply for an apartment, but a landlord will see the bankruptcy filing on your record. Because Chapter 7 eliminates debt, some landlords view applicants as less risky afterward since they no longer owe those creditors.

Landlords might ask for proof of current income or request a larger security deposit to offset perceived risk. Having documentation of your employment or regular income can make a significant difference.

Chapter 13 Bankruptcy and Obtaining Court Approval for Leases

Chapter 13 bankruptcy involves a repayment plan lasting three to five years. Since this type of case requires regular payments to a trustee, you may need permission from the bankruptcy court before signing a lease. The court wants to ensure that new expenses fit within your repayment plan.

When you request approval, the trustee will review:

  • The rent amount and lease length
  • Whether the new housing is necessary for your household
  • Your ability to continue making Chapter 13 payments while paying rent

With court approval, many Chapter 13 filers successfully rent apartments while keeping their repayment plans on track.

How Does Bankruptcy Affect Your Rental Application?

A bankruptcy on your record influences how landlords evaluate your application. Most will check credit reports, rental history, and income.

Credit Report Impact and Florida Landlord Screening Practices

A bankruptcy stays on your credit report for up to ten years. However, its impact lessens over time, especially if you rebuild credit responsibly. Florida landlords often review recent credit activity more closely than older financial issues. Demonstrating consistent employment, income, and on-time payments since your bankruptcy helps offset negative marks.

Your Rights Under the Fair Housing Act

The federal Fair Housing Act prevents landlords from discriminating based on protected traits such as race, gender, religion, national origin, or disability. However, it doesn’t directly prohibit discrimination based on bankruptcy or credit. Still, landlords must apply their screening policies consistently to all applicants.

Florida’s Anti-Discrimination Protections

Florida law mirrors federal housing protections and adds certain safeguards for renters. While landlords may legally consider financial history, they cannot deny housing in a way that targets specific groups. 

What Should You Disclose to Potential Landlords?

Renters often wonder how much to share about a bankruptcy. Transparency can build trust and reduce misunderstandings later.

When You’re Required to Disclose Bankruptcy

If an application directly asks about past bankruptcies, you must answer truthfully. Misrepresenting financial history may lead to rejection or even eviction later.

Benefits of Being Transparent with Property Managers

Honesty can work in your favor. Many property managers appreciate applicants who explain their situation openly. For instance, sharing that your bankruptcy discharged debt and stabilized your finances can show responsibility rather than risk.

How to Present Your Bankruptcy Positively

Describe your bankruptcy as a step toward recovery, not a sign of failure. Explain that you took action to manage debt and now maintain steady income and improved financial habits. Supporting your application with references or proof of timely bill payments helps reinforce that message.

Strategies for Renting an Apartment After Bankruptcy

Once your bankruptcy concludes, you’ll have more flexibility to pursue new housing. However, you may still need to rebuild your rental history and credit reputation.

Offering a Larger Security Deposit

Many landlords approve applicants with prior bankruptcies if they offer a higher deposit. A larger upfront payment reassures property owners that you’re serious about maintaining the lease.

Providing References and Proof of Income

Letters from previous landlords or employers help show reliability. Combine those with recent pay stubs, tax returns, or bank statements to demonstrate your financial stability.

Finding Co-Signers or Guarantors

A co-signer with strong credit can improve your rental chances. The co-signer agrees to cover rent if you can’t, giving landlords more confidence. Choose someone who fully understands the commitment before signing.

Protection from Discrimination Under Florida Statutes

Landlords can evaluate credit but cannot single out bankruptcy filers for unfair treatment. Florida’s laws require consistent rental criteria for all applicants. If a landlord denies your application solely because of bankruptcy, that may warrant a legal review.

Your Rights if a Current Lease is Involved in Bankruptcy

If you already rent an apartment when you file bankruptcy, your lease may appear as an executory contract. You can usually choose to keep or reject it. As long as you stay current on rent, you continue your lease without interruption.

Can Your Landlord Evict You Because of Bankruptcy?

Federal and state laws protect tenants from immediate eviction related to bankruptcy filings.

Federal Automatic Stay Protections

When you file bankruptcy, the court issues an automatic stay that halts most collection actions. This includes eviction proceedings in many cases. However, if a landlord already obtained an eviction judgment before you filed, the stay may not stop the process.

Florida Eviction Laws and Bankruptcy Filings

Under Florida law, landlords must follow formal eviction procedures, even after bankruptcy. They cannot remove tenants without a court order. Filing bankruptcy may temporarily delay eviction, giving tenants time to address rent issues or negotiate payment arrangements.

When Landlords Can Terminate a Lease During Bankruptcy

Landlords may terminate leases for valid reasons, such as nonpayment or property damage. Bankruptcy doesn’t protect against eviction for these causes. However, if you remain current on rent and comply with lease terms, your landlord typically can’t end the lease solely because of bankruptcy.

Breaking or Assuming a Lease in Bankruptcy

Some tenants decide to end or continue a lease as part of their bankruptcy plan.

Rejecting an Existing Lease in Chapter 7

In Chapter 7, rejecting a lease releases you from the obligation to continue paying rent after surrendering the property. This can help if you can’t afford your current home and need to downsize.

Assuming a Lease in Chapter 13

Chapter 13 filers often choose to assume leases to maintain stable housing. The trustee and court must approve this decision, confirming that rent fits within your repayment plan.

Rebuilding Your Rental History After Bankruptcy

Rebuilding your financial record takes time, but consistent effort pays off.

Establishing New Credit References

Apply for small secured credit cards or loans and make regular on-time payments. Lenders report these to credit bureaus, helping boost your score.

Building a Positive Payment History with Utilities and Other Accounts

Paying utility bills, phone plans, and insurance premiums on time also creates a record of reliability. Some companies report this data to credit agencies, improving your rental profile.

Timeline for Rental Approval Improvement Post-Bankruptcy

Most renters see gradual improvement in approval odds within 12 to 24 months after discharge. Landlords often focus on recent financial behavior rather than older negative marks. Maintaining a steady job and paying bills consistently will strengthen your applications.

Frequently Asked Questions About Renting After Bankruptcy in FL

How long does bankruptcy stay on my credit report in Florida?

A bankruptcy remains for up to ten years. However, the impact lessens over time as you rebuild credit through consistent payments and responsible financial management.

Can I rent from a complex that requires a minimum credit score?

Yes, but you might need to meet additional requirements, such as a larger deposit or a co-signer. Some landlords are flexible if you demonstrate steady income and recent financial improvement.

What happens to my current lease if I file for bankruptcy?

You can usually continue your lease if you’re current on rent and the landlord agrees. If you fall behind, the landlord may ask the court for permission to proceed with eviction.

Will my landlord find out if I file for bankruptcy?

Your landlord will know if your lease or past-due rent appears in the bankruptcy paperwork. However, if you remain current and your case doesn’t involve the lease, many landlords never receive formal notice.

Can I use rental assistance programs while in bankruptcy?

Yes. Bankruptcy doesn’t disqualify you from housing or rental aid programs. Many federal and local programs support individuals rebuilding after financial hardship.

Contact an Experienced Bankruptcy Attorney in Florida Today

Reach out today to schedule a confidential consultation with our skilled Florida bankruptcy lawyer. The sooner you act, the more options you’ll have for a secure and confident fresh start.

Schedule a Free Consultation

How Long After Bankruptcy Can You Qualify for a Mortgage?

Posted on December 5, 2025 - 6:47 am by

Many people in Orlando face difficult financial times that lead them to consider filing for bankruptcy. Once the process is complete, they often wonder when they will be able to make big financial decisions again, such as buying a home. It’s a common question: “How long after bankruptcy can I qualify for a mortgage?”

For people like Jake, a man in his late thirties from Orlando, filing for bankruptcy was a difficult but necessary decision. After losing his job, he struggled to keep up with his credit card bills and mortgage payments. When he filed for Chapter 7 bankruptcy, it felt like the end of a chapter in his life. But what came next was a little unclear. Jake had dreams of homeownership again, but he was unsure how long it would take to rebuild his credit and qualify for a mortgage. He soon found that while bankruptcy may be a setback, it doesn’t mean a lifetime of financial isolation.

This blog post will guide you through the key factors affecting how long after bankruptcy you can qualify for a mortgage, specifically in the Orlando area, and how an Orlando bankruptcy lawyer can assist you in the process.

Schedule a Free Consultation

Understanding Bankruptcy and Its Impact on Your Credit

Before diving into the specifics of qualifying for a mortgage after bankruptcy, it’s essential to understand the different types of bankruptcy and how they affect your financial future.

There are two primary types of bankruptcy that individuals may file for:

  • Chapter 7 Bankruptcy – This is also known as “liquidation” bankruptcy. It involves the discharge of most unsecured debts, such as credit card balances and medical bills. While it offers a fresh start, it also has a significant impact on your credit score, often lowering it by 200-300 points. Chapter 7 bankruptcy can remain on your credit report for up to 10 years.
  • Chapter 13 Bankruptcy – Known as “reorganization” bankruptcy, this type of filing allows you to keep your property while creating a repayment plan to pay off a portion of your debts. Chapter 13 stays on your credit report for up to seven years, but it typically has a less severe impact on your credit score than Chapter 7.

In both cases, the bankruptcy will lower your credit score, but this doesn’t mean you are locked out of the housing market forever. Over time, you can rebuild your credit and work towards qualifying for a mortgage.

How Bankruptcy Affects Your Ability to Get a Mortgage

Lenders use your credit score to determine whether you’re a risky borrower. After bankruptcy, your credit score will be much lower, making it more difficult to secure a mortgage. However, the length of time since your bankruptcy will be a significant factor in determining whether you qualify for a mortgage.

How Long After Chapter 7 Bankruptcy Can You Qualify for a Mortgage?

If you’ve filed for Chapter 7 bankruptcy, it’s possible to qualify for a mortgage relatively soon after your discharge. However, lenders will typically impose a waiting period. Here’s what you can expect:

  • FHA Loans – The Federal Housing Administration (FHA) insures loans made by approved lenders to individuals with low to moderate incomes. After a Chapter 7 bankruptcy, you may qualify for an FHA loan in as little as two years from the discharge date, provided you’ve rebuilt your credit and can show that you’ve managed your finances responsibly since the bankruptcy.
  • Conventional Loans – These are loans not backed by the government. For a conventional loan, most lenders will require a waiting period of four years after your Chapter 7 bankruptcy discharge. Some lenders may consider your case after just two years if you can demonstrate extenuating circumstances, such as a job loss or medical emergency that led to the bankruptcy.
  • VA Loans: If you are a veteran, you may qualify for a VA loan after two years from the discharge date. VA loans are highly favorable for veterans, offering lower interest rates and less stringent credit requirements.

How Long After Chapter 13 Bankruptcy Can You Qualify for a Mortgage?

Chapter 13 bankruptcy may provide a quicker path to mortgage eligibility. Since Chapter 13 bankruptcy involves a repayment plan, you may be able to qualify for a mortgage while still making payments under the plan. Here’s how the timelines work:

  • FHA Loans – You can qualify for an FHA loan as soon as one year after filing for Chapter 13 bankruptcy, as long as you’ve made all your required payments under the repayment plan and can show a satisfactory credit history since the filing.
  • Conventional Loans – For conventional loans, you may need to wait two years after your bankruptcy discharge, or four years from the date you file, depending on your situation and whether you’ve completed your repayment plan.
  • VA Loans – Like FHA loans, VA loans may be available to you two years after your Chapter 13 bankruptcy discharge.

Factors That Can Speed Up Your Mortgage Application

While there are minimum waiting periods, several factors can help you speed up the process of qualifying for a mortgage:

  • Rebuilding Your Credit – After bankruptcy, it’s essential to work on rebuilding your credit. Start by paying your bills on time, reducing your debt, and keeping your credit utilization low. The higher your credit score, the more likely you are to qualify for favorable loan terms.
  • Secured Credit Cards or Credit Builder Loans – Consider applying for a secured credit card or a credit builder loan to help rebuild your credit. These tools can show lenders that you’re responsible with credit and have taken steps to improve your financial situation.
  • Down Payment – A larger down payment can sometimes offset a lower credit score. The more you put down upfront, the less risky the lender may consider you.
  • Consistent Income – Having a steady income and a manageable debt-to-income ratio will also improve your chances of getting approved for a mortgage.
  • Showing Stability – Lenders want to see that you have a stable job and living situation. The more stable your financial life appears, the quicker the recovery after bankruptcy.

Working with an Orlando Bankruptcy Lawyer

If you’re considering filing for bankruptcy or have already done so, it’s important to work with an experienced Orlando bankruptcy lawyer who understands the local laws and can help you navigate the process. A skilled attorney can guide you through the complexities of bankruptcy, advise you on how to rebuild your credit, and even help you understand your options for qualifying for a mortgage in the future.

I hope this blog post helped you in answering the question, How long after bankruptcy can I qualify for a mortgage?

Call My Law Firm Today To Discuss Your Bankruptcy Case

Whether you’re currently dealing with bankruptcy or looking ahead to buying a home, you don’t have to go through this process alone. I can work with you and can help you make the right decisions for your financial future. Contact my law firm, Lewis Roberts today at (407) 749-0080 to discuss your bankruptcy options and how to start rebuilding your financial life. Don’t wait—take the first step toward homeownership today!

Schedule a Free Consultation

Chapter 13 Bankruptcy and Your Car Payment

Posted on November 27, 2024 - 12:00 am by

Florida Chapter 13 cases often come with questions about cars. Clients frequently own or are financing an automobile and are worried about losing their car when they file a Chapter 13 petition. This is a reasonable concern, especially since the main benefit of Chapter 13 bankruptcy over Chapter 7 bankruptcy is that it is supposed to allow you to keep most or all of your assets.

The Good News for People Filing Chapter 13 Bankruptcy

The good news is that when you file for Chapter 13 bankruptcy in Florida, there may be a way to get relief from car loans with high payments, high interest, or loan amounts greater than the car’s value. If you are paying a high interest rate on your car loan or have payments that are too high to be affordable, Chapter 13 may be able to help you lower the interest rate or payments. Many people are paying more than 10% for their car loans. In Chapter 13 cases filed in Florida, it is fairly routine for a lender to be required to accept 10%.

Most people who are making car payments will pay them at a lower rate after declaring Chapter 13 bankruptcy.

The Till Rate

The reason that many lenders will accept a 10% rate is due to the outcome of a court case that set a fair rate for car loans. The shorthand lawyers use is called the Till Rate, named after a 2004 court case decided by the U.S. Supreme Court called (what else?) Till v. SCS Credit Corp.

There are some limitations on your ability to use a Till Rate, but if it is possible, then it would allow you to reduce your car loan rate – and thereby lower the monthly payment amount.

Let’s take an example of how the Till Rate may work for you. Let’s say you’re paying $500 per month for your SUV. The loan has 36 months left on it, and your interest rate is 18%. When you file for Chapter 13 bankruptcy, I may be able to reduce that amount to 10%; you’d pay the balance of the loan through your Plan, which would reduce the monthly payment and possibly provide some relief.

One potential pitfall with this scenario is that you must complete your bankruptcy case. If your case is dismissed or fails, the deal is off and you’ll be back to your old 18% rate, and have to catch up the shortage you were paying during the time you were in chapter 13.

Worried about losing your car after filing for Chapter 13 bankruptcy? I will help you get your finances back on track while keeping your prized possession. Contact me at (407) 749-0080 today.

Committing to a Chapter 13 Payment Plan

This type of bankruptcy requires a long-term commitment. You will need to make payments, on time, for three to five years. The cost of those payments is determined by the court based on your ability to repay, so you won’t be required to pay more than your income allows.

However, just because the payment plan is viable, that doesn’t necessarily mean it is easy. You will likely need to be very careful with money for the full duration and won’t be able to enjoy luxuries. That can be a difficult commitment for some people. Not everyone successfully makes it through Chapter 13 bankruptcy. Failing to complete bankruptcy is difficult because your debts are still hanging over your head and you can no longer rely on the bankruptcy process to protect you. In this situation, you would likely lose your car as you would be required to make full payments to catch the loan up at the same time that all of your other delayed bills also come back to life.

What if Your Car Is Paid Off?

This is the best-case scenario. If you have no debt on your vehicle, it shouldn’t be at risk in a Chapter 13 bankruptcy situation. As soon as you enter Chapter 13 bankruptcy, an automatic stay is placed on all of your debts. This means, among other things, that creditors can’t place liens on your property.

Safety of Your Car After Bankruptcy

Possibly the best news is that once the bankruptcy process has been completed, you will no longer have any debt on your vehicle, unless your loan is longer than the life of the plan. That is true even if the amount you paid during the bankruptcy process was less than the total amount that you should have paid to fully pay off your car. That is the beauty of the bankruptcy system. It is designed to help you get a fresh start as long as you do your best to pay what you can.

The experience of a debt-free life is a powerful one, possibly allowing you to take care of your family and provide for your future in a way not otherwise possible.

Contact a Chapter 13 Bankruptcy Lawyer in Florida Immediately

The fear of losing your car from bankruptcy is entirely reasonable. Thankfully, that is a fear that shouldn’t come to fruition with the right preparation and assistance. My law firm can help you take advantage of bankruptcy without losing your freedom to get around.

Chapter 13 bankruptcy may seem daunting, but it can potentially protect you when you are in financial peril. When you’re ready, it’s worth it. Call (407) 749-0080 now for a free consultation to see how I may be able to help you.

Does the Bankruptcy Trustee Come to My Home?

Posted on May 13, 2024 - 9:50 am by

One of the challenges many consumers face is an overwhelming amount of debt. The last few years let you make more purchases for different goods and services using easy financing and low interest rates.

Times are changing, with many consumers facing overwhelming payments and debt. The situation is becoming dire, and more people are filing for bankruptcy. Recent statistics show that these high debt levels make it harder for consumers to pay their bills. Many are turning to bankruptcy to reorganize, with the total number increasing by 10% in the last year.

A common misconception is that the bankruptcy trustee will come to your home. We dive into this question to help you understand the trustee’s responsibilities, roles, and whether they will visit your home.

The Role of the Bankruptcy Trustee

The simple answer is “no, the trustee will not visit your home.” Most proceedings occur in their office, where they will review the evidence and critical documents. A visit to your home is unnecessary and extremely rare.

The trustee’s role is to oversee your bankruptcy proceedings to maintain objectivity and ensure legal compliance. Trustees are appointed by the court and act as intermediaries between you and your creditors. Their objectives are to ensure the bankruptcy goes smoothly for everyone. You have two options when filing for personal bankruptcy — Chapters 7 and 13.

Home Visits and Chapter 7 Bankruptcy

Chapter 7 bankruptcy is called liquidation bankruptcy because the trustee reviews and sells non-exempt assets to pay creditors. The trustee has no reason to come to your home unless they feel the filing is suspicious.

For example, if you overstate your assets on the bankruptcy filing and give a different answer to the trustee. They could come to your home because these numbers are not matching, and they want to assess the situation.

The trustee can examine your assets, but these proceedings are typically conducted in the trustee’s office. The trustee will review all the information, including your assets, liabilities, expenses, income, and bankruptcy documents.

Home Visits and Chapter 13 Bankruptcy

Chapter 13 bankruptcy is when you create a repayment plan that slowly pays off your debt over a specified time (usually three to five years). The trustee is responsible for reviewing the plan and its feasibility, collecting and sending money to creditors.

The trustee’s responsibilities are not to pay you a home visit unless they see disparities and suspect illegal activities. Their assessment uses the information provided in the bankruptcy documents and hearings. The trustee will address these concerns during the court hearings, and they do not need to come to your home.

Unusual Circumstances

Home visits for the trustee are rare unless they have specific reasons for coming, such as possible fraud, non-compliance, or under/over reporting of assets. These visits stem from possible red flags raising the suspicions of the trustee.

For example, if you underreport the value of your home at $100,000, but you are living in a community where the average price is $500,000, the trustee could come to your home to verify that the information you submitted is accurate.

I recommend discussing your situation with me. I have years of experience handling the most complex bankruptcy cases and will give you objective advice. I am a four-time speaker for the National Association of Consumer Bankruptcy Attorneys. Contact me at (407) 749-0080 to schedule your free consultation. I will review your situation and discuss our options.

The Times when a Bankruptcy Trustee will Conduct a Home Inspection

The trustee would rather conduct the meetings and visits at their office. The trustee will come to your home when it is obvious that something is off and makes no sense. Some of the scenarios that could cause a trustee to come to your home are:

  • Overvaluing the property
  • Undervaluing the property
  • Failing to list the property
  • An expensive house with no personal property
  • High levels of credit card debt with no assets
  • A creditor provides conflicting information that contradicts your filing
  • Your home is in disrepair, and the value is much lower than other properties in the area.

These are red flags that could cause the trustee to come to your home to verify the accuracy of your filing.

I recommend taking advantage of my free consultation. It is a chance to learn about your options and what we can do to protect you. The trustee wants the most accurate information, and I will guide you to protect your exempt assets.

How will the Trustee know if You Fail to Report all Assets Correctly?

The trustee reviews all the bankruptcy documents to ensure you make an honest and full disclosure. They use common sense to examine your filings and will ask questions to understand your financial situation.

It is common for the trustee to request additional documentation at the creditors’ meeting. They want to address any confusion and gain a better understanding of your financial situation. If there are discrepancies, they could come to your home to verify your assets.

I recommend giving a full and honest disclosure of your assets and liabilities. The process focuses on understanding what you have and identifying assets that could be sold to pay your creditors. In most situations, your home is protected, and the trustee does not need to visit you. The trustee would rather handle the situation in their office and have you bring them the requested information.

What Happens if the Trustee Comes to Your Home?

The trustee cannot show up at your home unannounced and demand to conduct an inspection. They must make arrangements with you before coming to the location.

The trustee can conduct the inspection themselves, but they will likely send an appraiser. The appraiser will take videos and photos to fully document everything and show the trustee the extent of your holdings.

I can help you understand a trustee’s role and when inspections are needed. I have years of experience handling these cases and will guide you through the process. Bankruptcy is a fresh start, but you must be honest and transparent to ensure everything goes smoothly.

Can the Trustee take Property without Consent?

The trustee does not have the power to take anything from your home if you have a disagreement over its part in the case. Anything the trustee finds suspicious (such as exempt assets) requires filing an objection with the courts.

A judge decides whether or not the property you claimed as exempt falls into this category. The trustee must show legitimate reasons why your property should be reclassified as non-exempt. The courts must agree with the trustee’s motion before handing anything to them.

What are the Red Flags the Trustee Uses?

In addition to the above factors, there are certain situations when the trustee might become suspicious:

  • Closed investment and bank accounts
  • Undervalued assets listed in the filing
  • Missing information and records
  • Debts that are not listed in the filing
  • Claims that your property was stolen, but there are no insurance claims, police reports, or financial records
  • Paperwork and payments for a safe deposit box
  • Income from no clear sources
  • Outstanding insurance claims
  • Property transfers conducted recently.

These are the most common red flags that will cause the trustee to become suspicious. They will normally ask for more documentation and give you time to get them the proper information. When these requests are not met, the trustee could set up a time to come to your home and verify these assets.

Why Choose Us?

Filing for bankruptcy can be complex, and you need a skilled bankruptcy attorney to guide you. All bankruptcies involve a trustee that oversees your case, and they could liquidate certain assets to pay off your creditors.

I work with the courts and trustees to ensure your rights are respected. I will discuss our options to help you make intelligent decisions.

I have years of experience working on these cases and will put my knowledge to work for you. My track record speaks for itself with my favorable reviews from clients I helped through similar challenges as yours. No two cases are the same, but experience and knowledge matter to ensure you get the protections you need. I am focused on helping you to get a fresh start so you can get your life back and stop worrying.

I respond promptly to your messages, calls, texts, and emails. My job is to ensure you get the maximum protection under the law to start over. Easy financing can be a double-edged sword, and you need me to clarify the situation. The bankruptcy laws are complex, and the trustees play a critical role. I work with you to ensure that everything goes as planned so you can relax and have peace of mind.

Contact me at (407) 749-0080 to schedule your free consultation about your situation. I will review everything and discuss our options to offer you the maximum financial relief. You will get practical and objective legal advice guiding you through bankruptcy.

Can I Go to Jail If I Don’t Pay My Debts?

Posted on February 25, 2011 - 8:57 am by

Many people think they can go to jail (debtor’s prison) for not paying their debts. This is not true.

It is your right to ignore a lawsuit, if you want to – up to a certain point. I don’t think that is a very good strategy, but it is your right.

If for whatever reason you don’t want to fight a lawsuit against you, it can be ignored. But a judgment will likely be entered against you.

Some people feel that since their creditors have nothing to take from them (maybe they are unemployed, their assets are exempt, etc.), then there is nothing a creditor can do to them in the lawsuit. This can lead to problems as well.

First, if you are working, a creditor may be able to garnish your wages. And once a garnishment hits, it can put a stranglehold on your finances and ability to make necessary payments – like your car or mortgage.

Second, if a creditor gets a judgment against you, and you ignore it, you could end up in jail.

Yes, an extreme result. Please see a Wall Street Journal article on the topic.

And I know what you are saying: But there is no debtor’s prison in Florida!

This is true. You cannot be thrown into jail or prison for not paying your debts.

But you CAN be thrown into jail for ignoring a court order. This is how some creditors get around not having debtor’s prison.

Once the creditor gets a judgment against someone, they are entitled to get certain information from the debtor. This is usually in the form of a Fact Information Sheet. As a judgment debtor, you will have to let the creditor know about your assets, wages, bank accounts, as well as other information.

If you don’t provide this information to the creditor, then they may ask the judge to hold you in contempt of court – for failure to abide by the court’s order. This is how someone ends up in jail.

While a contempt order is not very common, it shows you the peril of simply ignoring a lawsuit – which is almost always the worst course of action one could take. Burying your head in the sand, or running from the problem, usually will make the problem worse and more costly to fix later.

If you are served with any lawsuit, the first thing you should do is consult with me as to your options. Get your options early, make a decision, and follow through.

Call 407-749-0080 for a free consultation to see how I may be able to help you.