Chapter 7

Jacksonville Chapter 7 Bankruptcy Attorney

If you are struggling with overwhelming debt, you may wonder what your options are. While many people hesitate to pursue bankruptcy, it may offer the best way to get a fresh start. Chapter 7 bankruptcy, often called liquidation, can eliminate most of your debt and help you restore your finances. At The Law Office of David C. Meltzer, PLLC, we have the knowledge and experience to guide you through the Chapter 7 process. Our team is committed to helping you pursue the fresh start you deserve.

If you are interested in learning more about how Chapter 7 bankruptcy can help you, contact our Jacksonville Chapter 7 bankruptcy attorney at (904) 418-7454 to schedule a free initial consultation.

Chapter 7 Eligibility

To qualify for Chapter 7, you must pass the "means test" to show you cannot repay your debts. If you pass, you are not responsible for repaying unsecured creditors.

If you do not pass the means test, you may still qualify for Chapter 7 if:

You have little disposable income
Your debts are primarily consumer debts
You have a few assets

The bankruptcy process in Jacksonville considers federal and Florida-specific rules when analyzing your situation. Florida’s exemptions—like the homestead exemption—directly impact eligibility, especially for residents with real property or specific asset types. Our team monitors changes in local law to provide an accurate assessment. If you have significant assets or debts, you may benefit more from filing for Chapter 13 bankruptcy. We can help you determine if you qualify for Chapter 7 or discuss other debt relief options tailored to your needs.

What Is the Means Test?

The means test determines whether you have the ability to repay your debts. The test examines your income and expenses. You must pass to qualify for a Chapter 7 bankruptcy discharge.

The means test requires you to:

Calculate your current monthly income
Subtract your allowable living expenses
Compare your current monthly income to the median income for a similar household in Florida

Because the means test connects directly to state median income, Jacksonville-area households may see eligibility shift over time as costs of living or wage data change. Our office remains current with these figures and will help you understand what they mean for your case.

If your income falls below the median, you automatically pass the means test. If your income is higher, you must calculate a portion of your disposable income to see what you can afford to repay.

You may still pass the means test if your disposable income remains well below the state median. If your disposable income is close to the threshold, Chapter 13 bankruptcy may be a better option for you.

Understanding the Chapter 7 Bankruptcy Process

The process of filing for Chapter 7 can be challenging, but with support from our Jacksonville Chapter 7 bankruptcy lawyer, you can move through each step with confidence. Our staff provides individualized advice to help you make a fresh financial start.

If you file in Jacksonville, your case runs through the U.S. Bankruptcy Court, Middle District of Florida, Jacksonville Division. The local court manages all bankruptcy filings in this area. Our team prepares you for each stage so you know what to expect. Jacksonville’s location makes it convenient to attend hearings or meetings as required by the court.

Here is a brief overview of the Chapter 7 process:

Consultation: Schedule a consultation with our Jacksonville Chapter 7 bankruptcy attorney to discuss your finances and determine if filing is the right solution for you.
Filing: Our lawyer helps you prepare and file the necessary documents with the bankruptcy court, such as the petition, schedules, and statements showing your assets, debts, income, and expenses.
Automatic Stay: Once you file your bankruptcy petition, an automatic stay goes into effect, stopping all collection actions by creditors, including foreclosure, repossession, and wage garnishment.
Meeting of Creditors: You must attend a 341 Meeting of Creditors, where a bankruptcy trustee asks questions about your finances. We prepare you for this meeting and support you throughout the process.
Discharge: If successful, you receive a discharge that eliminates your personal liability for most debts, allowing you to start fresh.

Our office explains how local trustees operate and helps you prepare your documentation for the Jacksonville court. We recommend keeping thorough records and attending all required meetings promptly to prevent delays.

Protecting Your Assets Under Florida Law

Florida law provides several exemptions that protect specific assets during Chapter 7 bankruptcy. The homestead exemption allows you to shield your primary residence without a value limit, provided you have owned it for at least 1,215 days. This rule distinguishes Florida, including Jacksonville and Duval County, offering homeowners strong protection for property. In addition to the homestead exemption, you may claim exemptions for personal property, retirement accounts, and vehicles up to certain value limits.

When you work with The Law Office of David C. Meltzer, PLLC, our Chapter 7 lawyer reviews your assets and clarifies which local exemptions apply. We help you maximize the protections available under Florida law. This approach ensures you understand what you can keep and what may be at risk before you file. Clear information helps you make informed decisions moving forward.

Timeline & What to Expect During the Chapter 7 Process in Jacksonville

Knowing the typical timeline prepares you for each step of your Chapter 7 bankruptcy. From your first consultation at The Law Office of David C. Meltzer, PLLC to your discharge, most Chapter 7 cases in Jacksonville last three to six months. The process begins by collecting financial records, then filing your petition and attending a required meeting with creditors at the federal courthouse downtown.

The U.S. Bankruptcy Court for the Middle District of Florida regularly schedules hearings and processes cases efficiently. Each stage involves clear deadlines for hearings and required documents. Communicating with our team keeps your case on track. All Florida filers must complete a credit counseling course early in the process. We make sure you understand each requirement so you can focus on your financial recovery.

What Are the Differences Between Chapter 7 and Chapter 13 Bankruptcy?

The differences between Chapter 7 and Chapter 13 bankruptcy include:

Chapter 7 bankruptcy works for individuals or businesses who cannot repay their debts; Chapter 13 bankruptcy is available to individuals with regular income.
In Chapter 7 bankruptcy, discharged debts are eliminated and no longer owed. In Chapter 13 bankruptcy, you follow a repayment plan that partially or fully pays creditors over time.
Chapter 7 bankruptcy may involve liquidating non-exempt assets to repay creditors, while Chapter 13 bankruptcy lets you keep your property and repay debts on a set schedule.
Chapter 7 cases usually finish quickly—within a few months—while Chapter 13 repayment plans last three to five years.
Chapter 7 bankruptcy does not require any minimum income, but Chapter 13 bankruptcy requires reliable income to create a repayment plan.
Both types of bankruptcy negatively affect your credit score. Chapter 7 bankruptcy appears on your credit report for 10 years. Chapter 13 bankruptcy remains for seven years.

Florida offers unique exemptions in both bankruptcy chapters. Deciding which chapter fits your goals—like keeping your home under Florida’s homestead exemption—helps you plan your future. Our office reviews your goals and finances before making any recommendations.

Is Chapter 7 Right for You?

Deciding whether to file for Chapter 7 bankruptcy is a major financial decision. Understanding the implications and benefits of Chapter 7 bankruptcy helps you make informed choices. At The Law Office of David C. Meltzer, PLLC, our Chapter 7 attorneys in Jacksonville can guide you through the process and help you decide based on your individual situation.

Here are some key factors to consider:

Debt relief: Chapter 7 gives you a fresh start by eliminating most unsecured debts, including credit card debt and medical bills.
Asset protection: While Chapter 7 includes the possible liquidation of non-exempt assets, Florida and federal laws allow you to keep your home, car, and necessary possessions if they meet exemption standards.
Eligibility: Passing the means test compares your income to the Florida state median. Our attorneys explain what these requirements mean for you.
Automatic stay: When you file, the court issues an automatic stay that stops collection, foreclosure, and repossession actions.
Discharge of debts: When you successfully complete Chapter 7, the court discharges most debts, helping you rebuild your financial future.

Jacksonville residents should consider Florida’s asset exemptions and the homestead rules, which can significantly impact property protection. For example, homeowners in Duval County may qualify for a homestead exemption that shields their primary home from creditors. These protections often make Chapter 7 bankruptcy attractive to local filers, particularly those hoping to keep essential assets. We review which exemptions may apply to your property and circumstances.

If you are considering Chapter 7 bankruptcy, consult an Chapter 7 attorney who can provide personalized guidance based on your needs. Contact our team at The Law Office of David C. Meltzer, PLLC to request a consultation with our Jacksonville bankruptcy attorneys and discuss your options.

Our Jacksonville Chapter 7 Bankruptcy Attorney Can Help

Attorney David Meltzer can help determine if you qualify for Chapter 7 bankruptcy and guide you through each stage, from initial consultation to court appearances and beyond. Our goal is to support you as you get your finances back on track, protect your home from foreclosure, end creditor harassment, and secure your financial outlook.

Clients in the Jacksonville area value our knowledge of the local court and our commitment to the community. With nearly a decade of practice in bankruptcy and foreclosure defense, our Chapter 7 lawyer has helped residents throughout Riverside, San Marco, and Mandarin neighborhoods. This deep local experience allows us to offer legal guidance grounded in both state law and Jacksonville’s expectations.

At The Law Office of David C. Meltzer, PLLC, we have almost a decade of experience helping clients pursue the financial reset they need. We provide every client with personalized attention, so you get the debt relief you deserve.

To learn more about how Chapter 7 bankruptcy can help you, contact our Jacksonville Chapter 7 bankruptcy lawyer at (904) 418-7454.

Commonly Asked Questions

What is Chapter 7 bankruptcy?

Chapter 7 is a legal process that allows individuals or businesses to discharge most unsecured debts by liquidating non-exempt assets. The funds pay back creditors, and any remaining eligible debts are discharged, giving the filer a chance for a fresh start. Eligibility and available exemptions depend on your state.

Helpful Resources

Florida Courts - Chapter 7 Bankruptcy

Guidance. Experience. Compassion.

Reviews & Testimonials

Hear what clients are saying about The Law Office of David C. Meltzer, PLLC

Made the Process Simple
“I can't say enough positive things about Meltzer Law office.”

- Shelly

Commonly Asked Questions

An automatic stay is a court order that comes into effect as soon as you file for bankruptcy. It provides immediate relief by halting all collection actions by creditors. This means that foreclosures, repossessions, wage garnishments, and lawsuits against you must stop. This gives you breathing room to reorganize your finances and work on discharging your debts without the constant pressure from creditors.
Filing for bankruptcy can lead to the discharge of many unsecured debts, such as credit card debt, medical bills, and unpaid utility bills. However, not all debts can be eliminated through bankruptcy. Our attorneys at The Law Offices of David C. Meltzer, PLLC can provide guidance on which debts you may be able to discharge and help you understand the relief you can expect from the bankruptcy process.
Chapter 7 bankruptcy is designed for individuals with limited disposable income who cannot pay off their unsecured debts. It involves liquidating non-exempt assets to pay creditors and discharging remaining eligible debts. Eligibility is determined by the means test, which assesses your income and expenses. Our attorneys can help you understand if you qualify for Chapter 7 and assist in protecting your exempt assets, such as home equity and retirement accounts, during the process.
The key difference between Chapter 7 and Chapter 13 bankruptcy lies in the handling of assets and repayment of debts. Chapter 7 is suitable for those with little disposable income and involves liquidating non-exempt assets to pay creditors. Chapter 13, on the other hand, is for individuals with regular income who can repay a portion of their debts through a structured repayment plan over three to five years. Our attorney can help you decide which type of bankruptcy is more appropriate for your situation.

Contact Us To Learn About Your Legal Options!

We’re Ready to Help. Fill Out the Form Below to Get Started

First Name
Last Name
Phone
Email
Are you a new client?
How can we help you?
By submitting, you agree to receive text messages from The Law Office of David C. Meltzer, PLLC at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy