Bankruptcy in Fort Lauderdale, FL
Drowning in bills in Fort Lauderdale? If creditors are circling, your credit cards are maxed out, and every paycheck seems to disappear before you can catch your breath, you’re not the only one. For many South Floridians, financial pressure builds slowly until suddenly, it’s too much to handle.
Florida offers some of the strongest debtor protections in the country. From generous homestead exemptions to laws that let you protect your vehicle and retirement accounts, you may be able to reorganize or discharge your debt while keeping essential property.
Take the first step toward financial clarity. A referral to a Fort Lauderdale bankruptcy attorney can help you explore your options and start fresh.
Types of Bankruptcy in Fort Lauderdale, Florida
Bankruptcy provides a legal avenue for individuals and businesses in Fort Lauderdale who are facing unmanageable debt. When financial obligations outpace income and repayment isn’t possible within a reasonable timeframe, filing for bankruptcy can offer protection from creditors and a path to recovery. To qualify, you’ll need to demonstrate that your current hardship is significant enough to justify court intervention.
However, it’s important to understand that bankruptcy doesn’t wipe the slate completely clean for everyone. Certain debts—like past-due child support, spousal maintenance, tax liabilities, and most federal student loans—are generally not dischargeable.
Choosing between Chapter 7, Chapter 13, or Chapter 11 will depend on your income level, the assets you want to protect, and how you envision your financial future. An experienced bankruptcy attorney can help clarify your options and guide you toward the most effective strategy.
Bankruptcy cases from Fort Lauderdale go through the U.S. Bankruptcy Court for the Southern District of Florida. Proceedings are typically held at the Federal Courthouse located at 299 East Broward Boulevard, right in the heart of downtown.
Chapter 7 Bankruptcy
Chapter 7 bankruptcy can be a lifeline for Fort Lauderdale residents who need to wipe the slate clean and rebuild. But before you file, it’s important to evaluate your financial picture with care. Look closely at your income, expenses, and what you might have to give up. A knowledgeable bankruptcy attorney can walk you through the pros and cons of a liquidation filing and help determine if Chapter 7 is your best move.
This type of bankruptcy is usually intended for individuals who have experienced major financial setbacks, such as job loss, divorce, or unexpected medical bills, and no longer have the income to stay afloat. While Chapter 7 can eliminate unsecured debts like credit cards or personal loans, it may require you to part with some property.
Fortunately, once your petition is filed, an automatic stay goes into effect. This halts most collection activity, including wage garnishments and foreclosure. That said, some obligations, like child support or criminal restitution, remain enforceable.
To qualify for Chapter 7 in Fort Lauderdale, you’ll need to pass the Means Test. This test compares your household income to Florida’s median for a family of your size. If your income is below the threshold, you’re generally eligible. Once you file, the automatic stay goes into effect—but creditors can still petition the court for permission to continue collection efforts in certain situations, especially if they’re secured creditors.
Finally, you’ll need to complete a credit counseling session before your case can move forward. This is a required step under federal law and helps ensure you understand all your financial options. The U.S. Department of Justice maintains an updated list of approved providers for the Southern District of Florida, and most courses can be completed online or by phone at your convenience.
Chapter 11 Bankruptcy
Chapter 11 bankruptcy is designed for businesses or individuals with complex financial obligations who need to reorganize rather than liquidate. Unlike Chapter 7, this option lets you hold onto valuable assets while working with your creditors to renegotiate the terms of repayment. The goal is to make your debt more manageable over time, typically within a plan that spans four to 18 months or longer, depending on your financial situation.
If you’re filing for Chapter 11 in Fort Lauderdale, your case will go through the Southern District of Florida. The court offers a dedicated Chapter 11 filing packet, which outlines the forms and documents required to get started. Key requirements include:
- Filing a petition and paying a $1,738 fee
- Submitting a complete list of your creditors
- Providing a certificate of credit counseling and a proposed repayment plan
- Filing a statement of your income and expenses
- Completing a summary of assets and liabilities
Chapter 13 Bankruptcy
Chapter 13 bankruptcy offers a structured path for individuals in Fort Lauderdale with a steady income who need time to get current on their financial obligations. Often referred to as a wage earner’s plan, it allows you to reorganize your debt under court supervision.
Once you file, a trustee is appointed to evaluate your assets, income, and overall repayment capacity. Instead of liquidating property, you’ll propose a repayment plan that stretches over three to five years, giving you the breathing room to catch up without losing everything you’ve worked for.
To begin a Chapter 13 bankruptcy case in Fort Lauderdale, you’ll need to file with the U.S. Bankruptcy Court for the Southern District of Florida and meet several requirements, including:
- Paying a $313 filing fee
- Submitting a full list of creditors and their contact information
- Completing a certificate in credit counseling
- Providing a detailed summary of your assets and liabilities
- Filing a schedule of income and expenses
- Presenting a formal Chapter 13 repayment plan
The Bankruptcy Process in Fort Lauderdale, Florida
Filing for bankruptcy is rarely anyone’s first choice, but when your debt load has grown beyond what you can realistically repay within five years, it may be time to consider a new path forward. Bankruptcy isn’t about giving up; it’s about making a strategic decision to reduce the damage and regain control over your finances.
To begin the process in Fort Lauderdale, you’ll need to compile detailed financial records that include your income, debts, monthly expenses, and a full list of assets. This information allows the court to evaluate your eligibility and determine the best path for your case. Any missing or inaccurate documentation can delay or derail your petition, so accuracy is key from the start.
Florida law requires bankruptcy filers to use the state’s exemption system, not the federal one. The good news is that Florida’s exemptions are among the most generous in the country. Here are some highlights that may benefit Fort Lauderdale residents:
- Unlimited homestead exemption (subject to acreage and ownership duration)
- Up to $1,000 in vehicle equity (or $2,000 for joint filers)
- Full protection of retirement accounts and pension benefits
- A wildcard exemption of $1,000 for personal property, increased to $4,000 if you don’t claim the homestead exemption
To use Florida’s exemptions, you must have lived in the state for at least 730 consecutive days before filing. If not, you’ll likely need to apply the exemption rules from your previous state. In either case, preparation is essential. At least six months before filing, avoid major purchases or adding to your credit card balances. You’ll also be required to complete a credit counseling course from an approved provider. Once finished, you’ll receive a certificate to include in your filing—without it, your petition won’t be accepted.
Work With an Experienced Fort Lauderdale, Florida Lawyer
If you’re in Fort Lauderdale and struggling to stay ahead of your debts, know that you’re not out of options. Bankruptcy can offer a structured, legal way to protect your assets, silence creditor harassment, and create space to rebuild.
Whether you’re facing foreclosure, mounting bills, or a sudden drop in income, taking that first step today could mean lasting peace of mind tomorrow.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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