Celebrating 20 Years | Thousands of Bankruptcy Clients Helped Since 2006 – Chapter 7 • Chapter 13 • Debt Relief for Southwest Florida Families.
Call for a Free Consultation – (239) 443-1094
A Florida Bankruptcy Attorney Will Fight For Your Future
Since 2006, Martin Law Firm has filed thousands of bankruptcy cases across Lee, Collier, Charlotte, and Sarasota counties — discharging tens of millions in debt for local families, veterans, and small business owners in Cape Coral, Fort Myers, Naples, and beyond. At Martin Law Firm, P.L., we understand the emotional rollercoaster bankruptcy can cause. We have supported thousands of clients through this process, and we are here to do the same for you. Bankruptcy is difficult, but it can be a positive way to regroup and emerge stronger.
You are not alone in facing this challenging financial time. Bankruptcy provides a fresh start and a path to recovery.
How We Can Help You
- Proven Volume & Results: Thousands of successful filings since 2006 — more than most firms in Southwest Florida.
- Tens of Millions in Debt Discharged: Credit cards, medical bills, personal loans — eliminated.
- Local Court Proficiency: With 20 years practicing in the Middle District of Florida.
We are bankruptcy attorneys serving Fort Myers, Cape Coral, Naples, and Tampa clients. This is your opportunity to get it right when filing for bankruptcy. Our team has the experience it takes to represent you properly.
Our Florida bankruptcy attorneys are available to assist you through the process and provide legal advice to determine whether bankruptcy is your best option. We can help you erase debts and start you on the road to financial recovery. Some of the benefits a bankruptcy lawyer can help you with include:
- In Bankruptcy Planning: Our Chapter 7 and Chapter 13 bankruptcy lawyers in Naples can discuss options other than bankruptcy…
- Prepare for Bankruptcy
- File Bankruptcy
- Attend the Meeting of Creditors
- Answer Questions About Your Case
- Assist with Credit Rebuilding
Ready to explore debt relief? Contact our Southwest Florida bankruptcy attorneys for a free consultation on Chapter 7 or 13 filings.
What is Bankruptcy?
What is Bankruptcy in Florida?
Bankruptcy can help you gain a fresh start if you’re struggling with debt. It’s a legal proceeding handled in federal court, provided by federal law and the U.S. Constitution.
Filing bankruptcy immediately stops creditors from collecting debts (known as the automatic stay). After the process, a bankruptcy judge discharges your eligible debts forever.
Our Florida bankruptcy attorneys offer free consultations; contact us today to see if Chapter 7 or Chapter 13 bankruptcy in Cape Coral, Naples Fort Myers is right for you.
Is Bankruptcy Right for You?
Is Bankruptcy Right for You in Southwest Florida?
Deciding to file bankruptcy is a personal choice, but our experienced lawyers can help evaluate:
- Eligibility for Chapter 7 or Chapter 13 bankruptcy in Florida
- Which debts can be discharged (e.g., credit cards) and which cannot (e.g., student loans)
- Impact on your home, car, or other property under Florida exemptions
- Protection for retirement accounts like IRAs
- Effects on your credit and personal life
If you’re searching for ‘should I file bankruptcy in Naples FL,’ our team can guide you.
Warning Signs It’s Time to Consider Bankruptcy
Warning Signs It’s Time to Consider Bankruptcy in Florida
If you’re facing these issues, it may be time to consult a bankruptcy attorney:
- Consistently missing or late payments on bills
- Owing more on your home than its value (upside-down mortgage)
- Receiving constant debt collection calls
- Relying on high-interest loans or credit cards for essentials like groceries or rent
- Borrowing from one creditor to pay another
These are common signs for residents in Cape Coral, Fort Myers, and Naples seeking debt relief through Chapter 7 or 13 bankruptcy.
Different Types of Bankruptcy
Different Types of Bankruptcy in Florida
- Chapter 7 Bankruptcy: Known as ‘liquidation,’ this discharges most debts in 3-6 months. Ideal for low-income individuals; nonexempt property may be sold, but many keep essentials. Our bankruptcy attorneys in Southwest Florida help qualify via the means test.
- Chapter 13 Bankruptcy: A ‘reorganization’ plan to repay debts over 3-5 years while keeping assets. Great for those with steady income who don’t qualify for Chapter 7.
- Chapter 11 Bankruptcy: For businesses or high-debt individuals.
- Chapter 12 Bankruptcy: For family farmers and fishermen.
Most clients file Chapter 7 or 13. Learn more about Chapter 7 or Chapter 13 bankruptcy by contacting us.
Chapter 7 vs. Chapter 13 Bankruptcy
| Aspect | Chapter 7 Bankruptcy | Chapter 13 Bankruptcy |
|---|---|---|
| Process | Discharge debts in 3-6 months via liquidation | Repay over 3-5 years while keeping assets |
| Eligibility | Must pass means test (low disposable income) | Steady income; for those over Chapter 7 limits |
| Benefits | Quick fresh start; favored by qualifiers | Protect home/car; reorganize debts |
| Filing Fees | Lower court fees | Higher, but spread over plan |
Chapter 7 is generally favored for quick relief. Contact our Florida bankruptcy lawyers for help choosing.
Debts That Can Be Eliminated With Bankruptcy
Debts That Can Be Eliminated With Bankruptcy in Florida
Bankruptcy discharges most unsecured debts like credit cards, medical bills, and personal loans. Exceptions include:
- Child support or alimony
- Most taxes and government fines
- Student loans (unless undue hardship proven)
- Debts from fraud, willful harm, or DUI
Our attorneys can review your debts during a free consultation.
Florida Bankruptcy Exemptions
Florida Bankruptcy Exemptions – Protect Your Assets
Florida’s exemptions shield assets in bankruptcy:
Homestead Bankruptcy Exemption
Unlimited for homes owned over 1,215 days; up to $189,050 equity otherwise (doubled for couples). Limited by lot size.
Automobile Bankruptcy Exemption
$1,000 equity in a vehicle.
General Bankruptcy Exemption
$1,000 personal property (or $5,000 if surrendering home).
Other Protections
Retirement plans (401k, IRAs), life insurance, government benefits.
Nonexempt property may be sold, but we maximize exemptions to protect your assets in Chapter 7 or 13 bankruptcy in Southwest Florida.
Important Information About The Bankruptcy Process
Important Information About The Bankruptcy Process in Florida
You can self-represent, but hiring a Florida bankruptcy attorney ensures proper filing. We provide a contract outlining services and costs.
In a routine case:
- Analyze eligibility and best chapter
- Prepare Petition, Schedules, Statement of Financial Affairs
- Pay filing fee
- Attend meeting of creditors
- Complete process for discharge
Equity calculations use current value minus liens. Exemptions don’t affect secured creditors if behind on payments.
Bankruptcy FAQs in Florida
- How long does Chapter 7 bankruptcy take in Florida? Typically 3-6 months from filing to discharge.
- What is the means test for bankruptcy? It determines Chapter 7 eligibility based on income.
- Can I keep my house in Chapter 13 bankruptcy? Yes, with a repayment plan.
- How does bankruptcy affect my credit? It stays on your report for 7-10 years, but we help rebuild.
For more, call our bankruptcy attorneys in Cape Coral, Fort Myers, or Naples at (239) 443-1094.
Schedule a free consultation with our experienced Southwest Florida bankruptcy lawyers today. Call (239) 443-1094 or email pleadings@martinlawfirm.com for Chapter 7 or 13 guidance.