Bankruptcy Lawyer in Orlando, FL

Our legal team has helped many individuals get a fresh financial start through bankruptcy. We can advise you on whether bankruptcy is a good option for your financial situation. In challenging times, filing for bankruptcy can bring welcome relief and help you move forward. There is no longer a stigma in filing for bankruptcy; more than a million people filed for bankruptcy in 2009 alone.

If your debts feel insurmountable, bankruptcy may help restore your financial footing. To learn about your options, reach out to the Law Offices of Joseph J. Mancuso, PA. With years of experience serving Orlando and Central Florida, we can answer your questions and guide you through each step of the filing process.

Considering filing for bankruptcy? Dial (407) 378-5488 or contact us online for a free consultation with a bankruptcy lawyer in Orlando, FL. We have served Florida for 25+ years.

What Types of Bankruptcy Are There?

To determine if you qualify for Chapter 7, Chapter 11, or Chapter 13 bankruptcy, contact a debt relief attorney from the Law Offices of Joseph J. Mancuso, P.A.

The U.S. Bankruptcy Court for the Middle District of Florida handles cases for residents of Orlando and the surrounding Orange County area. Each bankruptcy chapter carries unique requirements and provides distinct options for relief. Because Florida uses its own set of state exemptions—rules designed to protect your home, car, and personal belongings—a bankruptcy attorney can explain which assets you might keep and how exemptions apply to your case.

What Is Chapter 7 Bankruptcy?

Chapter 7 can give you the chance to start over financially and eliminate the overwhelming debt you have accumulated over the years. This option allows individuals or couples to discharge consumer debts. Recent changes in bankruptcy law have added restrictions for this type of bankruptcy, but many people who cannot pay their debts still qualify.

The Chapter 7 process in Orlando requires you to complete the federal means test, which measures whether your income qualifies for a Chapter 7 discharge. You also attend a meeting of creditors held in the local jurisdiction. Many people in Central Florida choose Chapter 7 to address unsecured debts and halt actions like wage garnishments or bank account freezes. Most cases move according to the court’s timeline, with discharges occurring within a few months after filing.

If you have high-value assets or want to retain your possessions, Chapter 13 might make more sense. For help evaluating your options, connect with our Orlando bankruptcy attorney at Law Offices of Joseph J. Mancuso, PA.

What Is Chapter 13 Bankruptcy?

Filing for Chapter 13 helps those who want to keep their home, allowing time to resolve mortgage arrears through a structured plan.

Banks are often more willing to negotiate reasonable terms when you seek bankruptcy protection. This option works for people who are self-employed or receive a regular paycheck. With bankruptcy court approval, you can pay off back debts over three to five years, often paying just a portion of what you originally owed.

When you file Chapter 13 in Orlando, you partner with the local bankruptcy trustee to set up a payment plan that suits your situation and meets court guidelines. Many use Chapter 13 to pause a foreclosure and catch up on missed mortgage payments, relying on Florida's broad homestead protections. Required counseling and plan approval are key parts of the Orlando bankruptcy process.

If you’re unsure which bankruptcy type best fits your needs, reach out to an Orlando bankruptcy lawyer at our firm. Your initial consultation is free.

Florida Bankruptcy Means Test & State Exemptions

If you file for bankruptcy in Orlando, you must complete the Florida bankruptcy means test. This test compares your household income to Florida’s median income. If your income falls below the median, you may qualify for Chapter 7. If your income is higher, you must review your necessary expenses and obligations to see if you still qualify. Florida regularly updates these income levels, so up-to-date information is key. The means test plays an important role for anyone considering bankruptcy in Central Florida.

Florida provides some of the nation’s strongest property exemptions, especially regarding a homestead. The state’s homestead exemption allows you to protect your main home’s equity as long as you meet certain requirements. This unique provision attracts many filers in the Orlando area who want to keep their homes while managing unmanageable debts. Other state exemptions can cover personal property, certain vehicles, wages, and retirement accounts. A bankruptcy attorney evaluates your situation so you can protect as much of your property as allowed by law.

How Foreclosure Proceedings Affect Bankruptcy in Orlando

Central Florida sees higher foreclosure rates than much of the state. For Orlando homeowners facing foreclosure, bankruptcy can provide important protections. When you file, the court’s automatic stay immediately pauses foreclosure actions, giving you time to review your financial situation and available solutions. Chapter 13 often allows people to catch up on missed mortgage payments under bankruptcy court oversight.

Lenders in Orlando must follow Florida foreclosure law and local court rules. Skilled legal counsel can help you communicate with lenders, respond to court notices on time, and pursue the best way forward for your property. Working with an Orlando bankruptcy attorney familiar with these proceedings can improve your ability to negotiate payment alternatives or settlement options with your mortgage lender.