NEW SMYRNA BEACH BANKRUPTCY ATTORNEY

New Smyrna Beach Bankruptcy Lawyer Helping Clients Solve Debt Problems

At My Affordable Attorney, our New Smyrna Beach bankruptcy attorney helps individuals and families who are struggling with serious debt and financial hardship. If you are dealing with credit card debt, medical bills, foreclosure, repossession, or collection lawsuits, bankruptcy may provide a solution. Federal bankruptcy law is designed to help people get a fresh financial start. Our firm provides affordable, solutions-focused legal representation for clients in New Smyrna Beach and throughout Volusia County. Contact us today to schedule a free consultation and discuss your options.

Financial problems often involve several accounts at once. A bankruptcy lawyer can review your income, expenses, debts, assets, and other parts of your financial situation to determine whether Chapter 7 or Chapter 13 may provide meaningful relief. Understanding the full picture before filing can help prevent decisions that create new financial problems.

People throughout Volusia County may turn to bankruptcy after months or years of trying to keep up with loans, medical bills, and other obligations. Asking for legal help does not require you to file. A free consultation can give you information about your choices before you make that decision.

Debt Relief Options Under Bankruptcy Law

Financial problems can quickly become overwhelming, especially when creditors begin calling or filing lawsuits. Bankruptcy may allow you to eliminate certain debts or reorganize your payments into a manageable plan. One of the biggest benefits of filing bankruptcy is the automatic stay, which generally stops most collection activity, including lawsuits, wage garnishment, and collection efforts.

Our bankruptcy team will review your financial situation and help you determine whether bankruptcy is the right option or whether another debt relief strategy may be more appropriate.

Options outside bankruptcy may depend on the amount owed, available income, credit, and whether creditors are willing to cooperate. Some people consider consolidation loans or direct negotiations, but those approaches are not suitable for everyone. A legal review can help you compare possible solutions based on what you can realistically afford.

When Overwhelming Debt Becomes Difficult to Manage

Falling behind on one account can lead to problems with several others. Interest, late charges, collection phone calls, and missed payments can make it difficult for a family to catch up even when money is still coming in. This is often when people begin looking seriously at debt relief.

People dealing with unsecured debts may have credit cards, personal loans, medical bills, or collection accounts competing for limited monthly income. Chapter 7 bankruptcy and Chapter 13 bankruptcy address these obligations differently. The right choice depends on what you owe, what you own, and what you can afford to pay.

Waiting can sometimes reduce the choices available, especially when a lender has started a foreclosure or repossession. Speaking with a lawyer early gives you time to review possible protections before a sale date or other deadline arrives.

Chapter 7 vs. Chapter 13 Bankruptcy in New Smyrna Beach

Our firm helps clients file both Chapter 7 and Chapter 13 personal bankruptcy cases.

• Chapter 7 Bankruptcy may allow you to eliminate unsecured debts such as credit cards, medical bills, and personal loans. Many people who file Chapter 7 are able to keep their property because Florida exemption laws protect certain assets. Eligibility often requires reviewing the means test, income, expenses, and other information required by the Bankruptcy Code.
• Chapter 13 Bankruptcy allows you to reorganize your debts into a repayment plan that lasts three to five years. This option may help you keep your home, stop foreclosure, and catch up on missed payments over time. A Chapter 13 repayment plan can also address several obligations through structured payments made during the case.

How Chapter 7 Bankruptcy Works

Chapter 7 bankruptcy is commonly used by people who have limited ability to repay qualifying unsecured debts. Before filing, a bankruptcy attorney can evaluate the means test and other eligibility requirements. Passing the test is one part of determining whether a person can qualify.

A Chapter 7 trustee reviews the information provided in the case, including income, debts, property, assets, and recent transactions. Nonexempt property can potentially be administered for the benefit of creditors, but applicable Florida exemptions may protect many types of property.

Qualifying unsecured debts such as credit card debt, medical bills, and certain personal loans may be eliminated through a Chapter 7 discharge. Other obligations are treated differently under federal law, so every account should be reviewed before someone assumes it will disappear.

How Chapter 13 Bankruptcy Works

Chapter 13 bankruptcy is designed for eligible individuals with regular income who can make required payments under a court-approved repayment plan. The plan generally lasts three to five years and is based on several financial and legal factors.

A Chapter 13 trustee receives plan payments and distributes funds according to the confirmed plan. The amount paid to different creditors can vary depending on the type of claim and requirements of the bankruptcy code. Some unsecured debts may receive only part of the amount owed.

Chapter 13 bankruptcy may also give some homeowners time to address missed mortgage payments while keeping their primary residence. Whether that is possible depends on current payments, arrears, income, property, and other details.

Can Bankruptcy Help Stop Foreclosure?

A bankruptcy filing generally creates an automatic stay that can temporarily stop many collection actions, including some foreclosure proceedings. This protection is not the same as permanently eliminating a mortgage or guaranteeing that a home can be kept. Exceptions can also apply.

Chapter 13 bankruptcy may provide a way for an eligible homeowner to catch up on certain overdue amounts while maintaining required ongoing mortgage payments. A structured repayment plan can spread qualifying arrears over time rather than requiring one large payment at once.

Homeowners should seek help before a scheduled sale whenever possible. A bankruptcy lawyer can review a first mortgage, second mortgage, equity, income, and other details to determine what options may be available. Bankruptcy may also be considered alongside other foreclosure defense issues depending on the circumstances.

Florida Bankruptcy Exemptions and Protecting Property

Florida has specific exemption rules that can protect certain property during Chapter 7 bankruptcy or Chapter 13 bankruptcy. Available exemptions may apply to a home, vehicle, personal belongings, retirement accounts, and other assets depending on the facts.

The homestead rules can provide significant protection for qualifying equity in a person’s primary residence, but requirements apply. Residency history, ownership, acreage, and other facts can affect the analysis.

Vehicle protection also deserves careful review. A person may have a car with little equity because of an outstanding loan, while another person may own a vehicle outright. A bankruptcy attorney can examine available exemptions and loan balances before the case is filed.

Preparing for a Bankruptcy Filing

Before filing bankruptcy, individual debtors generally must complete approved credit counseling within the required period. You will also need to gather financial records such as tax information, pay stubs, account records, and documents showing your income, expenses, debts, loans, and property.

Your bankruptcy lawyer uses this information to prepare the petition, schedules, and other bankruptcy papers that must be submitted to the bankruptcy court. The information needs to be complete and accurate because the filer signs documents under penalty of perjury.

After filing, individual debtors generally must complete an approved debtor education course before receiving an eligible discharge. Your attorney can explain the required deadlines and the documents that must be filed with the court to show completion.

Where Are Bankruptcy Cases Filed for Volusia County Residents?

Residents of Volusia County file qualifying cases in the Orlando Division of the U.S. Bankruptcy Court for the Middle District of Florida. The Orlando Division includes Volusia County as well as several other counties in Central Florida.

This means a person living in areas such as Port Orange or other communities within Volusia County generally uses the Orlando Division when federal venue requirements are met. Bankruptcy is governed primarily by federal law, but local court rules and procedures also matter.

A bankruptcy lawyer familiar with the Middle District can prepare documents based on applicable local requirements and respond to issues raised by the trustee or court. Following the correct procedures can help avoid unnecessary delays.

What Does It Cost to File Chapter 7 or Chapter 13?

As of 2026, the standard federal filing fee for Chapter 7 bankruptcy is $338, while the standard federal filing fee for Chapter 13 bankruptcy is $313. These are bankruptcy court charges and are separate from attorney fees and certain other possible costs.

Legal fees depend on the type and complexity of the case and the services being provided. Chapter 13 bankruptcy attorney compensation can also be subject to procedures and review within the Middle District of Florida.

Before filing, ask for an explanation of expected court charges and professional fees. A free consultation is a good opportunity to ask what is included and what payment arrangements may be available before hiring a lawyer.

We Provide Affordable Bankruptcy Representation

At My Affordable Attorney, we understand that people considering bankruptcy are already facing financial stress. Our firm is committed to providing cost-effective legal representation and clear guidance throughout the entire process. We help clients prepare paperwork, understand their rights, protect their property, and move forward with a plan for financial recovery.

Our attorneys help clients prepare required disclosures, review available Florida exemptions, and understand what the trustee may examine. We also help people understand how Chapter 7 bankruptcy and Chapter 13 bankruptcy differ before choosing a path.

We offer a free consultation so you can discuss your circumstances before deciding whether filing bankruptcy makes sense. Our goal is to provide clear information about the process, expected costs, and possible results without making promises about the outcome.

What Happens After Your Bankruptcy Case Is Filed?

The automatic stay generally takes effect when a qualifying case begins and restricts most collection activity by creditors. It may stop collection lawsuits, garnishments, and many collection efforts while the case moves forward. Certain exceptions exist under the bankruptcy code.

A trustee is appointed after filing and reviews the financial information submitted to the court. Debtors also attend a meeting of creditors, often called a 341 meeting, where the trustee asks questions about the paperwork and financial history.

The remaining steps depend on the chapter. Chapter 7 bankruptcy can move toward a discharge within several months in a routine case, while Chapter 13 bankruptcy requires continued payments under the approved repayment plan before completion.

Bankruptcy and Your Credit After Filing

A Chapter 7 case may remain on a credit report for up to 10 years from the filing date. Chapter 13 bankruptcy generally remains for seven years from the filing date. The effect on a person’s score is different for everyone because previous payment history and other information also matter.

Rebuilding credit does not have to wait until the bankruptcy disappears from the report. After a case, consumers can focus on paying current obligations on time, keeping balances manageable, and reviewing their credit reports for accuracy.

Future lenders may consider several factors when reviewing an application, including income, recent payment history, existing loans, and how much new borrowing a person can afford. Responsible use over time can help establish a stronger financial record after a discharge.

Bankruptcy in New Smyrna Beach: Frequently Asked Questions

Do both spouses need to file for bankruptcy together?

No. In some cases, only one spouse needs to file for bankruptcy. Whether joint filing is appropriate depends on the types of debts, income, and property involved. A married person’s household finances can still affect parts of the analysis even when only one spouse files.

Can I choose which debts to include in bankruptcy?

Generally, you must list all debts when filing for bankruptcy. You cannot pick and choose which creditors to include, though you may choose to continue paying certain debts, such as a car loan or mortgage, if you want to keep the property. How secured obligations are handled depends on the chapter and the facts of the case.

What happens after I file for bankruptcy?

After filing, a trustee will be assigned to your case, and a meeting of creditors will be scheduled. Most cases involve attending a short hearing where basic financial questions are asked. Many bankruptcy cases are completed without any court appearance before a judge.

Do I have to pass a means test to file Chapter 7 bankruptcy?

Many individual filers must complete the means test when seeking Chapter 7 bankruptcy relief. The calculation considers income and other information to help determine eligibility. A result above certain standards does not always end the analysis, so speak with an attorney before assuming you cannot qualify.

How long does Chapter 13 bankruptcy last?

Chapter 13 bankruptcy generally requires a repayment plan lasting three to five years. The exact length and required payments depend on applicable rules and the debtor’s circumstances. A filer must continue meeting plan requirements to reach completion and receive an eligible discharge.

Can medical bills be eliminated through bankruptcy?

Medical bills are generally treated as unsecured debts and may qualify for a discharge in Chapter 7 bankruptcy. They may also be addressed through a Chapter 13 repayment plan. Whether any particular obligation can be eliminated depends on the facts and applicable law.

Can bankruptcy eliminate student loans?

Student loans are generally much harder to discharge than common unsecured debts. A filer typically must satisfy a separate legal standard involving undue hardship to seek discharge of qualifying student loan obligations. People should not assume that ordinary Chapter 7 bankruptcy or Chapter 13 bankruptcy automatically eliminates these accounts.

Does bankruptcy erase child support?

No. Current and past-due child support generally cannot be discharged through Chapter 7 bankruptcy or Chapter 13 bankruptcy. These obligations receive special treatment under federal bankruptcy law. A filer must still disclose them in the case.

Can I keep my car when I file bankruptcy?

Possibly. Whether you can keep a car depends on factors such as its value, loan balance, available Florida exemptions, and which chapter you file. Chapter 13 bankruptcy may allow qualifying debtors to address vehicle obligations through the plan in some circumstances.

How long does Chapter 7 bankruptcy take?

A routine Chapter 7 bankruptcy case often reaches discharge within several months, although some cases remain open longer. Cases involving nonexempt assets, trustee issues, disputes, or additional paperwork may take more time. Your attorney can give you a better estimate after reviewing your circumstances.

How soon can I rebuild credit after bankruptcy?

You can begin taking steps to rebuild credit after your case by making required payments on time and using new accounts carefully if you obtain them. A Chapter 7 bankruptcy can remain on the report for up to 10 years, while a Chapter 13 bankruptcy generally remains for seven. Good habits over time can still improve your financial profile before those periods expire.

Is debt consolidation better than bankruptcy?

Debt consolidation may work for someone who can obtain an affordable loan and reliably make the required payments. Consolidation loans often depend on qualifying credit, income, interest rates, and other lending requirements. Bankruptcy may be worth discussing when a person cannot reasonably repay the existing balances through consolidation.

What should I bring to a free bankruptcy consultation?

Bring any financial information you already have, such as recent pay records, tax documents, bank statements, collection notices, loan information, and a list of major debts and assets. You do not need to have every document organized perfectly before asking for help. A free consultation can clarify what additional information the attorney needs to complete a full review.

Contact Our New Smyrna Beach Bankruptcy Attorney Today

At My Affordable Attorney, our New Smyrna Beach bankruptcy attorney is dedicated to helping people find real solutions to debt problems. If you are considering bankruptcy or want to understand your legal options, we are here to help. Contact us today at (866) 4-ONLY 25 for a completely confidential, no-obligation consultation. We handle bankruptcy cases in New Smyrna Beach and throughout Volusia County.