Lakeland Bankruptcy Attorney
If you live in Lakeland or anywhere in Polk County, Florida, and your debts have outgrown your paycheck, bankruptcy may give you a way to stop the calls, the lawsuits, and the garnishments. Ziegler Diamond Law helps Polk County residents file Chapter 7 and Chapter 13 bankruptcy under federal law while using every Florida exemption that protects their home, car, and wages. Our attorneys have been helping Floridians since 2012, and Michael A. Ziegler has been licensed in Florida since 2010.
Bankruptcy Lawyer Lakeland: What We Handle
- Chapter 7 bankruptcy to wipe out credit card, medical, and personal-loan debt.
- Chapter 13 bankruptcy to catch up on a mortgage or car loan over three to five years.
- Stopping a pending debt lawsuit, wage garnishment, or bank levy with the automatic stay.
- Related consumer protection work, including debt collection lawsuit defense, foreclosure defense, and credit report error claims.
Where Lakeland Bankruptcy Cases Are Filed
Bankruptcy is federal law, so a Lakeland case is not filed in the Polk County courthouse. Polk County is part of the Middle District of Florida, and under the bankruptcy court’s local rules Polk County cases are assigned to the Tampa Division, along with Hillsborough, Pinellas, Pasco, Hernando, Manatee, Sarasota, and Hardee counties. Even though Lakeland sits on I-4 between Tampa and Orlando, your case goes to Tampa, not Orlando.
What happens to your property, on the other hand, is decided largely by Florida law. Florida residents must use the Florida exemptions, and those exemptions are what decide whether you keep your home, your car, and your savings. That split between federal procedure and Florida property rules is where do-it-yourself filings often run into trouble.
Types of Bankruptcy for Lakeland and Polk County Residents
Most families in the Lakeland area file under one of two chapters. Which one fits depends on your income, what you own, and whether you are behind on a house or car you want to keep.
Chapter 7 Bankruptcy
Chapter 7 is the faster option, usually finishing in a few months. It discharges qualifying unsecured debts such as credit cards, medical bills, and personal loans without a repayment plan. To qualify, you must pass the means test, which compares your household income to the Florida median for a household your size. If your income is above the median, the test looks at your allowed expenses before deciding. Our guide to the Florida Chapter 7 income limit walks through the current numbers.
Florida’s exemptions protect a lot in a Chapter 7 case:
- Homestead: the Florida Constitution (Art. X, § 4) protects a primary residence on up to one-half acre inside a city such as Lakeland, with no dollar cap, subject to federal residency limits.
- Vehicle: up to $5,000 of equity in one motor vehicle (Fla. Stat. § 222.25(1)). See can I keep my car in bankruptcy.
- Personal property: $1,000 under the Florida Constitution, plus up to $4,000 more if you do not claim the homestead exemption (Fla. Stat. § 222.25(4)).
- Wages: Florida protects the earnings of a head of family. See the Florida head of household exemption.
After filing, you must also complete a debtor education course before the court will enter your discharge.
Chapter 13 Bankruptcy
Chapter 13 is a repayment plan that lasts three to five years under the supervision of a Chapter 13 trustee. It is often the right choice for Lakeland homeowners who are behind on their mortgage, because the plan can spread the missed payments over time while the automatic stay keeps a foreclosure sale from going forward. It can also benefit people whose income is too high for Chapter 7, or who have property worth more than Florida’s exemptions protect.
To file Chapter 13, you need regular income and debts under the limits set by 11 U.S.C. § 109(e). Our page on how to file for Chapter 13 bankruptcy explains the plan process in more detail.
The Bankruptcy Filing Process in Lakeland
Here is how a typical case moves from first call to discharge:
- Credit counseling. Federal law requires a credit counseling briefing from an approved agency within the 180 days before you file (11 U.S.C. § 109(h)). It can be done online or by phone.
- Documents. We gather recent pay stubs, tax returns, bank statements, and a list of your debts so the petition is complete and accurate.
- Filing. The petition is filed electronically with the Tampa Division. The court filing fee is $338 for Chapter 7 and $313 for Chapter 13. Chapter 7 filers with low income can ask the court to pay the fee in installments or to waive it. The automatic stay starts the moment the case is filed.
- 341 meeting. About a month after filing, you attend a meeting of creditors where the trustee asks questions under oath about your petition. Your attorney attends with you.
- Discharge. In a typical Chapter 7 case the discharge is entered a few months after filing. In Chapter 13 it comes after you complete your plan payments.
For a breakdown of court fees and attorney fees, see how much Chapter 7 bankruptcy costs in Florida.
Bankruptcy and Divorce in Polk County
Divorce and money problems often arrive together, and the timing of a bankruptcy filing can affect both. Child support and alimony are domestic support obligations, and they are not discharged in any chapter. Other debts owed to a former spouse under a divorce settlement are not discharged in Chapter 7, but some can be addressed in a completed Chapter 13 plan. A bankruptcy filing also does not stop a divorce itself, though it can pause the division of property. If you are in the middle of a divorce, talk to us before either case moves forward so the two do not work against each other.
How a Bankruptcy Attorney Helps
A bankruptcy attorney’s job is to make sure the petition is accurate, your property is protected with the right exemptions, and nothing in your recent history triggers a problem with the trustee. That includes recent transfers to family, payments to relatives, and large purchases before filing. Once you hire us, collectors are told to contact our office instead of you, and we handle the trustee’s questions and any creditor objections.
Our firm’s Clearwater office handles bankruptcy cases across the Tampa Division, including Lakeland, Winter Haven, Bartow, and other Polk County communities. Your attorney prepares you for the 341 meeting and attends it with you. If you are closer to Tampa or Orlando, see our pages for a Tampa bankruptcy attorney and an Orlando bankruptcy attorney.
Additional Debt Relief Services for Lakeland Residents
Bankruptcy is not always the first or only step. We also help residents across the Polk County area with:
Foreclosure Defense
Florida foreclosures go through the circuit court, and a homeowner who files a timely answer can raise defenses such as the lender’s standing or problems with required notices. Depending on the case, options can include a loan modification, a short sale or deed in lieu with a deficiency waiver, or a Chapter 13 filing to cure the arrears. Learn more about foreclosure defense in Florida.
Debt Collection Lawsuit Defense
If you have been served with a debt collection lawsuit in Polk County, the deadline to respond is short, and missing it can lead to a default judgment, wage garnishment, or a frozen bank account. Common defenses include the statute of limitations and a debt buyer’s inability to prove it owns the debt. See our guide to debt collection lawsuit defense in Florida.
Credit Report Error Correction
Under the Fair Credit Reporting Act (FCRA), you have the right to dispute inaccurate information with the credit bureaus and with the company that reported it. When a bureau or furnisher fails to fix a verified error, the FCRA allows you to seek damages and attorney fees.
Why Lakeland Families Work With Ziegler Diamond Law
Ziegler Diamond Law is a Florida consumer protection firm that has served Floridians since 2012 and has helped more than 4,000 people deal with debt. Our clients have rated us 4.9 stars across hundreds of Google reviews. We focus on consumer bankruptcy, debt lawsuit defense, and credit reporting rights, so your case is handled by attorneys who do this work every day.
We take care to explain your options in plain language, tell you what each choice costs, and keep you updated from your first call through your discharge.
Frequently Asked Questions
Where is a Lakeland bankruptcy case filed?
Polk County bankruptcy cases are filed in the U.S. Bankruptcy Court for the Middle District of Florida, Tampa Division.
What is the income limit for Chapter 7 in Florida?
It depends on your household size. The means test compares your income to the Florida median income for your household size, and those figures are updated periodically. If you are above the median, you may still qualify after your allowed expenses are counted. See our Florida Chapter 7 income limit guide.
Can I file Chapter 7 bankruptcy in Florida without an attorney?
Yes. You can file on your own, but you are held to the same rules as a represented debtor. Mistakes in exemptions, the means test, or the list of creditors can cost you property or lead to dismissal.
How much does Chapter 7 bankruptcy cost?
The court filing fee is $338. Attorney fees depend on the complexity of the case and are explained before you hire us. See Chapter 7 bankruptcy cost in Florida.
Will I lose my house or car if I file bankruptcy in Lakeland?
Many people keep both. Florida’s homestead exemption protects a primary residence on up to one-half acre inside city limits, and Florida protects up to $5,000 of equity in one vehicle. You still need to stay current on any loan you want to keep.
Where is Ziegler Diamond Law’s office?
Our main office is at 2430 Estancia Blvd, #108, Clearwater, FL 33761. We represent clients in Lakeland and throughout the Polk County area.
Talk to a Lakeland Bankruptcy Lawyer
Call (727) 538-4188 to schedule a Free Debt Freedom Strategy Session (a free consultation with an attorney). We will review your debts, income, and property and tell you whether Chapter 7, Chapter 13, or another option makes sense for you.
This page is general information, not legal advice. For Florida residents, contact Ziegler Diamond Law for a Free Debt Freedom Strategy Session.