Melanie Sacks — Jacksonville bankruptcy attorney, FL Bar #158070, 27+ years of experience, 6,354+ cases filed. Martindale-Hubbell BV Distinguished.
Jacksonville Chapter 13 Bankruptcy Attorney
Nearly 200,000 Americans filed Chapter 13 bankruptcy in 2025, making it the second most common form of consumer bankruptcy after Chapter 7 (U.S. Courts). In Florida, bankruptcy filings climbed 23.5% between mid-2024 and mid-2025 — with the Middle District of Florida, which includes Jacksonville, seeing a 26.9% increase (Kelley Law Office).
In my 27 years practicing bankruptcy law in Jacksonville, I’ve filed over 6,354 cases — and a significant number of those have been Chapter 13 reorganizations. I understand why people choose Chapter 13: they want to save their home from foreclosure, catch up on car payments, or protect assets that Chapter 7 might not fully cover. Whatever brought you here, I’ve helped someone in your exact position before.
Get a free consultation today by calling (904) 396-5557.
How Does Chapter 13 Bankruptcy Work?
Chapter 13 is often called “reorganization bankruptcy” because it restructures your debts into a single monthly payment you can afford. Unlike Chapter 7, which may require selling non-exempt assets, Chapter 13 lets you keep your property while catching up on past-due balances through a court-supervised plan.
Here is how the process works in Jacksonville:
- Credit counseling — You must complete a credit counseling course from a U.S. Trustee-approved agency before filing.
- Filing the petition — I file your Chapter 13 petition with the U.S. Bankruptcy Court for the Middle District of Florida. An automatic stay takes effect immediately under 11 U.S.C. § 362, halting foreclosure, repossession, wage garnishment, and creditor lawsuits.
- Repayment plan proposal — I work with you to create a plan that consolidates your debts into one monthly payment based on your income and expenses. The plan lasts 3 to 5 years.
- Confirmation hearing — A bankruptcy judge reviews and approves your plan. Creditors may object, but the court has final authority.
- Monthly payments — You make payments to the Chapter 13 trustee, who distributes funds to your creditors according to the plan.
- Discharge — After completing all plan payments, remaining eligible debts are discharged and you owe nothing further on them.
Who Qualifies for Chapter 13 Bankruptcy in Florida?
Chapter 13 eligibility depends on your income level and total debt. To qualify, you must:
- Have regular income — Wages, salary, self-employment income, Social Security, or pension income all count.
- Fall within the debt limits — As of 2025, you cannot exceed $526,700 in unsecured debt or $1,580,125 in secured debt (11 U.S.C. § 109(e)).
- Be current on tax filings — You must have filed all required federal and state tax returns for the four years before your bankruptcy petition.
- Complete credit counseling — You need a certificate from an approved agency issued within 180 days of filing.
If your income is below the Florida median for your household size, your repayment plan will typically last 3 years. If your income exceeds the median, the plan extends to 5 years. The court applies a means test to calculate your disposable income and determine affordable monthly payments.
Not sure whether you qualify? In my experience, many people who think they have “too much debt” or “not enough income” for Chapter 13 are surprised to learn they qualify after proper analysis. Call (904) 396-5557 — I’ll review your financial situation during a free, no-obligation consultation.
What Debts Can Chapter 13 Address?
Chapter 13 covers a broad range of debts. Some are paid in full through your plan, while others are reduced or eliminated entirely at discharge.
Debts commonly addressed in a Chapter 13 plan:
- Mortgage arrears — Past-due payments are folded into the plan so you can keep your home.
- Car loans — Secured vehicle debt can be restructured and in some cases reduced to the vehicle’s current value through a “cramdown” (if purchased more than 910 days before filing).
- Credit card debt — Unsecured balances are often reduced significantly, with remaining amounts discharged at plan completion.
- Medical bills — Treated as unsecured debt and eligible for partial or full discharge.
- Personal loans — Unsecured personal loans are included in the plan.
- Utility bills — Past-due utility balances can be caught up through the plan.
- Certain tax debts — Some income tax obligations more than three years old may be dischargeable.
Chapter 13 also handles debts that Chapter 7 cannot discharge, including debts from willful property damage and certain obligations arising from divorce proceedings. This broader discharge scope is one reason I recommend Chapter 13 for clients with specific types of non-dischargeable Ch. 7 debts.
How Chapter 13 Stops Foreclosure
For Jacksonville homeowners behind on their mortgage, Chapter 13 is often the most powerful tool available. The moment I file your petition, the automatic stay under 11 U.S.C. § 362 halts all foreclosure proceedings immediately. This is a federal court order — your lender must stop.
Once the automatic stay is in place, your repayment plan addresses the mortgage arrearage. Any past-due mortgage payments are spread across the 3-to-5-year plan period, allowing you to gradually become current while continuing regular monthly mortgage payments going forward.
Florida’s unlimited homestead exemption (Fla. Const. Art. X, § 4) protects all equity in your primary residence. Combined with Chapter 13’s foreclosure cure provisions, this gives Jacksonville homeowners a clear path to keeping their home — even after falling months behind. If you’re facing active foreclosure, I can often file within 24 to 48 hours.
Chapter 13 vs. Chapter 7 Bankruptcy
Choosing between Chapter 13 and Chapter 7 depends on your income, assets, and financial goals. Here is how they compare:
| Factor | Chapter 13 | Chapter 7 |
|---|---|---|
| Timeline | 3–5 year repayment plan | 3–6 months |
| Property | Keep all assets | Non-exempt assets may be sold |
| Foreclosure protection | Stops foreclosure and cures arrears | Temporary delay only |
| Income requirement | Must have regular income | Must pass means test (below median) |
| Credit report | Remains for 7 years | Remains for 10 years |
| Best for | Homeowners behind on payments, higher-income earners | Low-income filers with few assets |
During your free consultation, I evaluate both options and recommend the chapter that best fits your situation. There’s no one-size-fits-all answer — the right choice depends on your specific debts, income, and what you need to protect.
How Long Does Chapter 13 Bankruptcy Take?
A Chapter 13 case typically takes 3 to 5 years from filing to discharge. The plan length depends on your income relative to the Florida median:
- Below median income: 3-year plan (36 months)
- Above median income: 5-year plan (60 months)
The initial filing, automatic stay, and plan confirmation usually happen within the first 2 to 3 months. After that, you make monthly payments to the trustee for the duration of your plan. Once all required payments are complete and you have finished a debtor education course, the court issues your discharge order.
How Much Does Chapter 13 Cost in Jacksonville?
I believe cost should never prevent someone from getting the debt relief they need. Here are the typical costs:
- Court filing fee: $313 (U.S. Courts). Installment plans available.
- Attorney fees: $3,000–$5,000 for a standard Chapter 13 in Jacksonville. Unlike Chapter 7, attorney fees can be included in your repayment plan, so you don’t have to pay the full amount upfront.
- Credit counseling: $15–$50 (required before filing).
- Debtor education course: $15–$50 (required before discharge).
I also offer a Fast File bankruptcy option — just $250 upfront in attorney fees to get your case filed quickly. This lets you get the automatic stay protection immediately, which is critical if you’re facing foreclosure or active wage garnishment. The remaining attorney fees are folded into your Chapter 13 repayment plan.
Why Jacksonville Families Trust Sacks & Sacks for Chapter 13
I’ve practiced bankruptcy law in Jacksonville since 1998. In 27 years, I’ve filed more than 6,354 bankruptcy cases and helped over 10,000 clients. I’ve seen every situation — homeowners six months behind on their mortgage, families facing wage garnishment, self-employed individuals with tax debt. Whatever brought you here, I’ve helped someone in your exact position before.
- 6,354+ bankruptcy cases filed in the Jacksonville Division
- 27+ years licensed in Florida — Florida Bar #158070 (since 1998)
- Martindale-Hubbell “BV Distinguished” Rating for exceptional legal ability and high ethical standards
- 4.8 Avvo rating (49 client reviews) • 4.7-star average across 187+ verified reviews
- Three Best Rated® — Top 3 Bankruptcy Lawyers in Jacksonville, FL
- Member: American Bankruptcy Institute, National Association of Consumer Bankruptcy Attorneys, Jacksonville Bankruptcy Bar Association
Every bankruptcy client at Sacks & Sacks receives complimentary enrollment in my 7 Steps to a 720 Credit Score program — a structured post-discharge roadmap I developed to help you rebuild credit after bankruptcy. Getting out of debt is only half the journey.
“I enthusiastically endorse Melanie Sacks as one of the best Consumer Bankruptcy attorneys that I know! Melanie is superbly skilled and knowledgeable in both Chapter 7 and Chapter 13 practice.”
— Peer Attorney Endorsement
What Our Chapter 13 Clients Say
“I was very nervous about declaring bankruptcy but Melanie and her staff were so helpful and considerate that I was immediately put at ease. Everyone there was extremely accessible and we spoke with Melanie several times during the process and she always assured us everything was going to be alright — and it was! Very professional and helpful — I can’t say enough about them all.”
— Carol • 5-star review on Avvo
“Someone I worked with recommended Sacks & Sacks. One of the best decisions of my life. Liz & Sherry went above & beyond in helping me with the bankruptcy. I will be forever grateful. I would highly recommend Sacks & Sacks to anyone.”
— Allen • 5-star review on Avvo
“They were great, very communicative and kept me up to date on everything going on. Would highly recommend.”
— Michele • 5-star review on Avvo
Read all 49 reviews on Avvo (4.8 rating) → • Google Reviews →
Frequently Asked Questions
Can I keep my house if I file Chapter 13 bankruptcy?
Yes. Chapter 13 is specifically designed to help you keep your home. The automatic stay under 11 U.S.C. § 362 stops foreclosure proceedings immediately upon filing, and your repayment plan allows you to catch up on missed mortgage payments over the 3-to-5-year plan period while continuing regular monthly payments. In my experience, homeowners behind on their mortgage are exactly the clients who benefit most from Chapter 13.
How much does it cost to file Chapter 13 bankruptcy in Jacksonville?
The federal court filing fee for Chapter 13 is $313 (U.S. Courts). Attorney fees typically range from $3,000 to $5,000 but can be included in your repayment plan — so you don’t pay the full amount upfront. I also offer a Fast File option at just $250 upfront to get your case filed quickly. Call (904) 396-5557 for specific pricing during your free consultation.
Will Chapter 13 bankruptcy stop wage garnishment?
Yes. The automatic stay that takes effect when I file your petition immediately stops all wage garnishments. Your employer will be notified to cease withholding, and the garnished amounts become part of your repayment plan instead. If you’re facing active garnishment, I can often file within 24 to 48 hours.
What is the difference between Chapter 13 and debt consolidation?
Chapter 13 is a federal court proceeding that legally binds your creditors to accept reduced payments and can discharge remaining balances at plan completion. Debt consolidation is a private agreement that combines debts into one payment but does not reduce what you owe or provide court protection from collection actions. In my experience, clients who have tried debt consolidation before coming to me often wish they had filed Chapter 13 sooner.
Can I file Chapter 13 if I am self-employed?
Yes. Self-employed individuals can file Chapter 13 as long as they have regular, documented income. You will need to provide profit-and-loss statements and tax returns to demonstrate your ability to make monthly plan payments. I’ve helped many self-employed clients in Jacksonville successfully complete Chapter 13 plans.
What happens if I miss a Chapter 13 payment?
Missing payments can lead to your case being dismissed, which would remove the automatic stay and allow creditors to resume collection actions. If you experience a temporary financial hardship, I can request a plan modification from the court to adjust your payments. The key is to communicate with me early — the court is far more accommodating when issues are addressed proactively.
How soon can I rebuild credit after Chapter 13?
You can begin rebuilding credit immediately after your discharge. Chapter 13 stays on your credit report for 7 years from the filing date — 3 years shorter than Chapter 7. Every client at Sacks & Sacks receives complimentary enrollment in my 7 Steps to a 720 Credit Score program, which gives you a structured roadmap to rebuild. Many of my clients see meaningful credit score improvement within 2 to 3 years of discharge.
You deserve a fresh start — and the law says you’re entitled to one.
Call me for a free consultation. I’ll review your situation and tell you exactly what Chapter 13 can do for you. No judgment, no pressure — just honest answers from someone who’s done this over 6,000 times.
Serving Jacksonville, Orange Park, St. Augustine, Fernandina Beach, and all of Northeast Florida. Virtual consultations available — no office visit required.
Related: Jacksonville Bankruptcy Lawyer | Chapter 7 Bankruptcy | Personal Bankruptcy | Business Bankruptcy | Fast File Bankruptcy | Debt Consolidation | 7 Steps to a 720 Credit Score
Sources
[1] U.S. Courts. (February 2026). Bankruptcy Filings Rise 11 Percent. https://www.uscourts.gov/data-news/judiciary-news/2026/02/04/bankruptcy-filings-rise-11-percent
[2] Kelley Law Office. Bankruptcy Filing Rate Increases Significantly in Florida. https://www.kelleylawoffice.com/bankruptcy-filing-rate-increases-significantly-in-florida/
[3] U.S. Bankruptcy Court, Middle District of Florida. Filing Statistics. https://www.flmb.uscourts.gov/statistics/
[4] Florida Legislature. Chapter 222 — Exemptions. https://www.leg.state.fl.us/statutes/
[5] U.S. Courts. Bankruptcy Court Miscellaneous Fee Schedule. https://www.uscourts.gov/court-programs/fees/
