Timing is everything in a Florida bankruptcy. From passing the Means Test to protecting your assets, we provide the aggressive legal guidance you need to regain control of your financial future today.
When you are drowning in debt, the biggest source of stress is the unknown. How long will this take? When do the phone calls stop? At Ziegler Diamond Law, we believe that transparency is the first step toward financial recovery. While every case in Clearwater and Tampa is unique, most Florida bankruptcies follow a structured legal timeline designed to provide a “fresh start.”
The journey begins before a single document is filed with the court. During this phase, the goal is to determine your eligibility and protect your assets under Florida’s specific exemption laws.
The moment your petition is electronically filed with the Florida Bankruptcy Court, the Automatic Stay goes into effect. This is the legal “Stop” button you’ve been waiting for. It immediately prevents creditors from:
Approximately 30 to 45 days after filing, you will attend the Meeting of Creditors (also known as the 341 meeting). While this sounds intimidating, it is usually a brief, administrative meeting held via phone or video in the Middle District of Florida.
If your income is above the Florida median or you are fighting to save a home from foreclosure, Chapter 13 Bankruptcy is often the superior choice. Unlike Chapter 7, which moves quickly toward a discharge, Chapter 13 is a marathon of debt reorganization.
Within 14 days of filing your petition, we submit a proposed 3-to-5 year repayment plan. This plan prioritizes “secured” debts (like mortgage arrears) and “priority” debts (like certain taxes), while often paying pennies on the dollar to “unsecured” creditors like credit card companies.
One of the most common mistakes debtors make is waiting for court approval to start paying. In Florida, you must begin making your first monthly plan payment to the Trustee within 30 days of filing—even if the court hasn’t “confirmed” the plan yet.
Usually held 3 to 4 months after filing, the judge reviews the plan to ensure it meets legal requirements. Once confirmed, the plan becomes a binding contract between you and your creditors. As long as you make your payments, your home and vehicles remain safe.
Once you complete your 36 or 60 monthly payments, the court discharges any remaining eligible unsecured debt. You emerge from Chapter 13 with your primary assets intact and your debt eliminated.
Many Florida residents wait too long to call a lawyer, exhausting their retirement accounts (which are usually protected in bankruptcy) to pay off debt that could have been discharged. You should consider filing immediately if:
The Florida Means Test looks at your average income over the last six months. If you recently lost a high-paying job, waiting a few months might actually help you qualify for a Chapter 7 discharge rather than a Chapter 13 repayment plan. Conversely, if you are about to receive a large inheritance or a significant bonus, filing before that happens is often critical to protecting those funds.
Ready to stop the stress? Contact Ziegler Diamond Law today for a free consultation at our Clearwater or Tampa offices. Let us help you navigate the timeline and reclaim your financial future.
Before considering bankruptcy, it’s essential to conduct a thorough evaluation of your financial status. This includes a detailed analysis of your income sources, monthly expenses, debts, and assets. By understanding your financial landscape, you can determine whether bankruptcy is the most suitable solution or if alternative strategies might be effective. Ziegler Diamond Law specializes in helping individuals assess their options and find the best path forward.
One of the primary factors in deciding to file for bankruptcy is your household income. In the United States, the means test is used to assess eligibility for Chapter 7 bankruptcy. This test compares your average monthly income over the past six months to the median income for a household of your size in your state. If your income is below the median, you typically qualify for Chapter 7. If it’s above, you may need to complete additional calculations to determine eligibility or consider Chapter 13 bankruptcy, which involves a repayment plan.
Your monthly expenses are as critical as your income in the bankruptcy decision-making process. Expenses such as housing costs, utilities, childcare, taxes, insurance, and other necessary living costs are considered when determining disposable income. Accurately reporting these expenses is vital, as they can influence your eligibility for certain types of bankruptcy and the structure of any required repayment plans.
When facing overwhelming debt, choosing the right type of bankruptcy is essential to your financial recovery. At Ziegler Diamond Law, we help you understand your options and guide you to the best solution based on your unique situation.
Chapter 7 and Chapter 13
When you work for someone else, every dollar you make is a dollar you keep, but when you have your own shop, it’s much more complicated. And once you get so far in a hole, it's almost impossible to get out. You can get back in the game, but you need a restart.
You may have lost a job, been divorced or had a healthcare problem and now you are stuck with the bill. We know you want to build a strong future for you family and we have the experience to get you back on track to secure your future financial success.
When you are on a fixed budget, every dollar counts. There might have been a time when you could deal with the high payments and interest from credit, but now every dollar that you pay them is a dollar you don’t have for the electric bill and food on the table. Its time for some house cleaning on your budget.
A bankruptcy attorney reviews your financial situation, explains available bankruptcy options, prepares and files required court documents, and represents you throughout the process. They help protect your assets, stop creditor harassment, and ensure compliance with bankruptcy laws so you can achieve the best possible outcome.
The cost depends on the type of bankruptcy filed, case complexity, and your financial circumstances. Many Florida bankruptcy attorneys, including Ziegler Diamond Attorney, offer free consultations and flexible payment options to make legal help accessible.
While filing on your own is allowed, bankruptcy laws are complex. Errors in paperwork or missed deadlines can result in case dismissal or loss of property. Ziegler Diamond Law makes sure your paperwork is correct and helps you avoid mistakes that could delay or harm your case.
Yes. Filing for bankruptcy triggers an automatic stay, which immediately stops most debt collection calls, lawsuits, wage garnishments, and creditor harassment while your case is active.
Chapter 7 bankruptcy generally stays on your credit report for up to 10 years, while Chapter 13 remains for seven years. Many individuals begin rebuilding credit much sooner with proper financial planning.
With Ziegler Diamond Law by your side, the path to financial freedom becomes clear. Our team provides expert guidance and unwavering support to help you reclaim control of your financial life.
Overwhelmed by lawsuits, wage garnishments, or harassing calls? Filing for bankruptcy triggers an automatic stay, legally forcing creditors to immediately stop all collection efforts. Let Ziegler Diamond Law help you regain control and start your path to financial relief today!
Choosing the right bankruptcy firm is crucial. Mistakes can lead to asset loss, overpayments, or case dismissal, impacting your financial future. Ensure a smooth path to financial freedom with Ziegler Diamond Law’s expert guidance and trusted experience.
If you want to create a plan to solve your financial problems then book a call today and take the first step
