Chapter 13 Bankruptcy Attorney in Orlando, FL

Protect Your Assets with Orlando's Chapter 13 Bankruptcy Law Firm

If you want to save your home but face overwhelming debt, an Orlando bankruptcy attorney at Law Offices of Joseph J. Mancuso, PA can help guide you. We know bankruptcy law inside and out and focus on supporting individuals and families who need debt relief protection to regain financial stability. If you hope to keep your property rather than liquidate it as you would in a Chapter 7, an attorney from our team can help explain your options and walk you through the process.

Chapter 13 bankruptcy provides an opportunity for Orlando residents to create a manageable repayment plan while keeping their home, car, and other important assets. Unlike other forms of bankruptcy, where asset liquidation can occur, Chapter 13 protects your property as long as you adhere to the structured payment plan approved by the court. Navigating the local court system, such as the United States Bankruptcy Court for the Middle District of Florida, often requires knowledge of region-specific procedures and deadlines. Our Chapter 13 bankruptcy attorneys help clients throughout Orlando follow every step, aiming to ensure the process moves forward with as little stress as possible.

How Our Bankruptcy Attorney Can Help

A Chapter 13 bankruptcy lawyer in Orlando can help you seek protection by making sure you meet all prerequisites for filing and that your petition contains all the required information. An attorney from our office supports you through every step until you complete the Chapter 13 process and address your debts.

Our approach includes a thorough analysis of your income, debts, and assets to confirm you qualify for Chapter 13 and that your repayment plan complies with both federal and Florida state requirements. We keep you aware of necessary documentation and deadlines so you stay on track throughout your case. Because filing a bankruptcy petition in Orlando involves specific forms and meetings with the trustee, we prepare you for what to expect at each stage. If you face creditor harassment or collection calls, Chapter 13 can trigger an automatic stay, which immediately stops most creditors from contacting you. This relief gives you space to organize your finances and move forward with greater confidence.

In Chapter 13, you can negotiate your debts and establish a payment plan to pay creditors over three to five years. Certain debts cannot be discharged by bankruptcy—such as some tax debts, alimony, child support, and certain student loans—but most people find that much of their debt can be addressed through this process. You could reach financial relief in just a few years.

Who Qualifies for Chapter 13 Bankruptcy in Orlando?

Chapter 13 bankruptcy offers a path for individuals with regular income to restructure and repay debts over a set period. To qualify in Orlando, you must meet several requirements under both federal and Florida law. Your unsecured debts must be less than $465,275, and secured debts must not exceed $1,395,875, as set by federal guidelines. You must have a stable income source that allows you to make regular payments based on the plan approved by the bankruptcy court. Additionally, you cannot have had a bankruptcy petition dismissed in the past 180 days for certain reasons, such as willful failure to appear in court. Before you file, you must also complete a credit counseling course from an approved agency. These eligibility rules ensure that Chapter 13 is reserved for those who are ready and able to manage a structured repayment plan.

In Central Florida, the court will review your income, debts, and expenses to determine if you can realistically adhere to your proposed plan. Having clear documentation and realistic projections is essential, and our team helps clients gather and organize these documents before they begin. If you are unsure whether you meet the requirements, consulting a Chapter 13 bankruptcy attorney in Orlando who knows the specifics of the local bankruptcy courts can help you make informed decisions.

The Chapter 13 Bankruptcy Process & Timeline in Orlando

Understanding the Chapter 13 process in Orlando gives you a clear idea of what to expect from start to finish. Once you decide to proceed, you will submit a petition to the United States Bankruptcy Court for the Middle District of Florida. The court assigns a trustee who oversees your repayment plan and acts as a point of contact during your case. Shortly after filing, you receive protection from creditors through an automatic stay, halting most collection efforts and foreclosure actions. You must then submit a detailed repayment plan for court approval, which outlines how you will pay back your debts over the next three to five years. During this period, you make monthly payments to the trustee, who distributes funds to your creditors.

The court typically holds a confirmation hearing within a few months to review and approve your plan; your chapter 13 bankruptcy attorney can help you prepare all supporting documents and communicate with the trustee on your behalf. Throughout the process, open communication ensures deadlines are met and administrative hurdles are addressed quickly. At the end of the repayment period, the court may discharge any remaining eligible debts, helping you achieve a financial fresh start. Navigating the process locally means staying aware of specific court schedules, trustee requirements, and procedural norms in the Orlando area. We help clients remain organized and maintain momentum, providing reminders and clarifications on each phase so no detail is overlooked.

Benefits & Limitations of Chapter 13 Compared to Chapter 7 in Orlando

Choosing between Chapter 13 and Chapter 7 bankruptcy depends on your financial situation, goals, and the type of debts you owe. Chapter 13 allows you to keep your assets, such as your home or car, as long as you follow an approved repayment plan. This makes it a practical option for Orlando residents seeking to avoid foreclosure or repossession. Chapter 13 works well for those who have a regular income and want to pay back debts over time. In contrast, Chapter 7 involves liquidating certain non-exempt assets to repay creditors and then discharging most remaining unsecured debts, which can be faster but risks losing property that is not protected under Florida exemption laws. Chapter 13 can help you manage mortgage arrears or tax debts by spreading payments out over several years. However, the process is longer and requires a steady income throughout the plan period. Some debts, such as student loans or child support, are generally not dischargeable in either type of bankruptcy. The unique legal landscape in Orlando and Central Florida, especially local court practices and median income guidelines, can impact which bankruptcy chapter is available or best for your situation. Meeting with a Chapter 13 bankruptcy lawyer in Orlando can help you weigh these factors and develop a plan tailored to your needs and objectives.

Frequently Asked Questions

How long does a Chapter 13 bankruptcy case take in Orlando?

Chapter 13 repayment plans in Orlando typically last three to five years. The timeline depends on your income, total debt, and details of your approved plan. After you complete scheduled payments and meet all requirements, the court may discharge remaining eligible debts.

What happens if I miss a payment under my Chapter 13 plan?

If you miss a payment on your Chapter 13 plan, contact your attorney or trustee right away. You may have options to adjust your plan, but repeated missed payments can put your case at risk of dismissal. Communication and timely action are important for keeping your case on track.

Will Chapter 13 bankruptcy stop foreclosure in Orlando?

Filing for Chapter 13 usually stops foreclosure actions through an automatic stay, giving you the chance to propose a repayment plan for mortgage arrears. This pause allows you to catch up on overdue payments while protecting your home, but you must continue making regular plan payments to keep this protection in place.

Ready to Start Your Chapter 13 Bankruptcy? Contact Us Today!

Receive the relief and financial security that bankruptcy protection can provide. The sooner you begin the bankruptcy process, the sooner you may find stable financial ground. We are ready to help—call our firm today to schedule a consultation.