Bankruptcy Lawyer in Orlando, FL

25+ Years Helping Orlando Residents Find a Fresh Financial Start

For more than 25 years, Law Offices of Joseph J. Mancuso, PA has helped hundreds of Orlando-area residents work through unmanageable debt and achieve a fresh financial start. We handle Chapter 7, Chapter 11, and Chapter 13 bankruptcy, evaluating which path fits each client’s income, assets, and goals. Filing triggers an automatic stay that immediately halts most collection actions, wage garnishments, and foreclosure proceedings, giving you room to address the problem with legal guidance rather than creditor pressure.

Your first step costs nothing. We offer a free initial consultation so you can get answers before committing to any course of action.

Considering filing for bankruptcy? Call (407) 378-5488 or contact us online for a free consultation with a bankruptcy attorney in Orlando.

What Types of Bankruptcy Are There?

The U.S. Bankruptcy Court for the Middle District of Florida handles cases for residents of Orange, Brevard, Lake, Osceola, Seminole, and Volusia counties, including all of the greater Orlando area. Each chapter carries distinct requirements and produces different outcomes. Because Florida requires filers to use state exemptions rather than federal ones, the chapter you choose and the assets you hold both affect what you keep and what you owe after the case closes.

What Is Chapter 7 Bankruptcy?

Chapter 7 is a liquidation proceeding that can discharge most unsecured debts, including credit cards, medical bills, and personal loans, typically within four to six months from filing. To qualify, you must pass the federal means test, which compares your household income to Florida’s statewide median for a household of the same size. Filers below the median qualify automatically; those above it complete a second-stage expense review to determine whether disposable income remains. Certain debts, including most student loans, domestic support obligations, and specific tax debts, are non-dischargeable and survive the case.

Chapter 7 works well for filers whose primary problem is unsecured debt and who don’t have significant equity at risk. If high-value assets or mortgage arrears are part of the picture, Chapter 13 may offer better protection.

What Is Chapter 13 Bankruptcy?

Chapter 13 is a reorganization chapter built around a three-to-five-year court-approved repayment plan. Filers who are self-employed or receive a regular paycheck can use it to resolve mortgage arrears and retain their home, often paying only a fraction of what they originally owed on unsecured debts. Banks are often more willing to negotiate reasonable terms once a client has filed for bankruptcy protection. It’s a pattern we’ve observed directly across many Chapter 13 cases in Orlando.

When you file Chapter 13, you work with the local bankruptcy trustee to build a payment plan that fits your income and meets court guidelines. The automatic stay halts any pending foreclosure, and the plan gives you time to catch up on missed payments under court supervision. Your initial consultation is free. Reach out to our firm to discuss your options.

Florida Bankruptcy Means Test & State Exemptions

Filing bankruptcy in Orlando means working within Florida’s state exemption framework, which is separate from the federal exemption system. Understanding how these rules apply to your situation before you file determines both your chapter eligibility and how much of what you own you can protect.

Key Florida bankruptcy protections and considerations include:

• Homestead exemption that can protect unlimited equity in a primary residence meeting Florida’s acreage and residency requirements, one of the strongest homestead protections in the country.
• Motor vehicle exemption that protects up to $2,000 in vehicle equity; the personal property exemption covers up to $1,000, or up to $4,000 if you don’t claim a homestead exemption.
• Retirement account protections that largely or fully shield qualified IRAs and 401(k) plans from creditors under Florida law.
• Residency requirement that generally requires 730 days of Florida residency before filing to use Florida’s exemptions; those who moved from another state may need to apply that state’s exemption laws instead.
• Means test mechanics comparing household income to Florida’s median for a household of the same size; filers below the median qualify for Chapter 7 automatically, while those above complete an expense-based second stage.

How Foreclosure & Bankruptcy Intersect in Orlando

For Orlando homeowners facing foreclosure, including wrongful foreclosure, bankruptcy provides concrete procedural protections. Filing triggers the automatic stay, which immediately pauses an active foreclosure at whatever stage it has reached. Florida uses a judicial foreclosure process, meaning lenders must obtain a court judgment before selling a property, so a bankruptcy filing can interrupt proceedings at multiple points.

Chapter 13 is the most common vehicle for Central Florida homeowners to catch up on missed mortgage payments under court supervision while retaining the property. We’ve represented clients in cases where lenders were unresponsive until legal counsel became involved, at which point negotiations became more productive. We also have experience identifying and challenging false promises made by mortgage companies to clients already in financial distress. When foreclosure and broader debt problems overlap, both issues can often be addressed within a single bankruptcy case.