Which bankruptcy option may fit your situation?
Chapter 7 is often used to deal with unsecured debt. Chapter 13 may make more sense if you need time to catch up on a house payment or car loan while keeping property in place.
Brevard Consumer Law CenterBankruptcy
George Gingo helps North Brevard residents figure out whether Chapter 7, Chapter 13, or another next step makes sense.
If debt, a lawsuit, or foreclosure pressure is building, contact the office before another deadline passes.
Core guidance
Start with the facts that usually matter most in a consumer bankruptcy case.
Chapter 7 is often used to deal with unsecured debt. Chapter 13 may make more sense if you need time to catch up on a house payment or car loan while keeping property in place.
Once a bankruptcy case is filed, the automatic stay can pause many collection actions. That can include collection lawsuits, garnishments, repossessions, and some foreclosure activity while the case is pending.
Bankruptcy eligibility is not one-size-fits-all. Household income, expenses, property, and recent financial activity all matter, and the rules are applied under current law.
Chapter 13 can give you room to catch up on missed payments while keeping property in place under a court-approved plan.
Eligibility is reviewed under current bankruptcy rules, and those rules change over time. The important questions are usually income, household size, property, recent financial activity, and the kind of debt involved.
If you are comparing options, the office can walk through the facts before you decide what to do next.
Chapter 13 can give you room to catch up on missed payments while keeping property in place under a court-approved plan.
Before and after filing, you will need to complete the court-required counseling and financial education courses.
This course must be completed before your petition is filed. Approved providers usually offer it online or by phone, and you will receive a certificate for the case file.
This second course must be completed after filing but before discharge. The court will not grant discharge until the certificate is filed.
The goal of bankruptcy is a discharge, a court order that eliminates your legal obligation to repay many debts. Some debts generally cannot be discharged:
If a debt was obtained through fraud or was not properly listed in your case, that debt may also remain non-dischargeable.
Consultations and document analysis are provided to help determine eligibility and evaluate your options under bankruptcy law.
You are not considered a client of Brevard Consumer Law Center until a signed fee agreement is returned and payment of the agreed fee is received.
Frequently asked questions
Short, plain-language answers to common bankruptcy questions.
Chapter 7 is generally used to eliminate qualifying unsecured debt, while Chapter 13 creates a court-supervised repayment plan that may help with mortgage arrears and asset protection goals.
After a bankruptcy filing, the automatic stay can pause many collection actions, including lawsuits, garnishment activity, and certain foreclosure steps while the case proceeds.
In many situations, bankruptcy can provide time and legal structure to address mortgage defaults, but eligibility and strategy depend on your specific financial and property circumstances.