Jacksonville Bankruptcy Frequently Asked Questions

Bankruptcy is a federal legal process governed by the United States Bankruptcy Code (11 U.S.C. § 101 et seq.). Once a case is filed, an automatic stay generally takes effect, which can halt most collection activity.

Cases filed in Jacksonville are handled by the U.S. Bankruptcy Court for the Middle District of Florida.

In most cases, yes. The automatic stay generally prohibits creditors from continuing collection efforts, including calls, letters, wage garnishments, and lawsuits, once a bankruptcy petition is filed.

Not necessarily. Florida law provides certain exemptions that may allow individuals to protect qualifying property. Whether a home is protected depends on equity, residency requirements, and the chapter filed.

Florida exemption laws are found in Chapter 222 of the Florida Statutes.

Chapter 7 cases are typically completed within several months. Chapter 13 cases involve repayment plans lasting three to five years, depending on circumstances.

Most cases do not require a formal courtroom appearance. Attendance at the meeting of creditors (often referred to as the “341 meeting”) is required.

The 341 meeting is conducted under 11 U.S.C. § 341 and is overseen by a bankruptcy trustee, not a judge.

The meeting of creditors is required under federal law. During this proceeding, the bankruptcy trustee asks questions regarding the information contained in the bankruptcy petition.

In the Middle District of Florida, procedures regarding scheduling and format are governed by court practice guidelines.

Bankruptcy filings are public court records. However, they are not typically published in newspapers, and access is generally through federal court record systems.

Eligibility depends primarily on income and financial circumstances. A means test is used to evaluate whether an individual qualifies under federal standards.

Means testing guidelines are established under 11 U.S.C. § 707(b).

Chapter 7 may discharge most unsecured debts, including credit card balances and medical bills. Certain obligations — such as domestic support obligations and some tax debts — are not dischargeable under federal law.

In many cases, individuals are able to retain vehicles depending on loan status and exemption eligibility. Each situation requires case-specific review.

Filing Chapter 13 may halt foreclosure proceedings and allow arrears to be addressed through a court-approved repayment plan, subject to confirmation by the bankruptcy court.

Payments are based on income, expenses, and statutory requirements outlined in the Bankruptcy Code. Plans are reviewed and confirmed by the court.

In many cases, attorney fees may be incorporated into the repayment plan, subject to court approval and local practice guidelines.