Jacksonville Chapter 7 Bankruptcy Attorney

What Is Chapter 7 Bankruptcy?

If creditors are calling, your wages are being garnished, or you lie awake doing math that never works, you are exactly who Chapter 7 was built for. It erases most unsecured debt and gives you a clean start, often in as little as three to six months.

Chapter 7 is a federal court process (11 U.S.C. Chapter 7). It wipes out most unsecured debt: credit cards, medical bills, personal loans, and past-due utilities. In exchange, the court can sell property that state law does not protect. In practice, that almost never happens. Most Florida cases are “no-asset” cases, which means you keep everything, because all of it is protected.

Florida’s unlimited homestead exemption, $5,000 motor vehicle exemption, and full protection of ERISA-qualified retirement accounts mean most Jacksonville residents who file Chapter 7 give up nothing. Most of my clients complete their case, receive a full discharge, and keep the home, car, and retirement savings they came in with.

Chapter 7 is sometimes called “straight bankruptcy” or “liquidation bankruptcy,” but that name is misleading. In Florida, strong state exemptions protect your home, your car, your retirement accounts, and most personal property.

For most people, the outcome is straightforward: your eligible debts are eliminated, and your daily life continues.

In 2025, 356,724 Chapter 7 cases were filed nationally, representing 62% of all bankruptcy filings (U.S. Courts). It’s the most common form of consumer bankruptcy because it works: debts are discharged in 3 to 6 months, and filers can begin rebuilding immediately.

If your income exceeds the limits for Chapter 7, Chapter 13 bankruptcy offers an alternative through a structured repayment plan, and debt consolidation may help manage payments outside of bankruptcy.

Do You Qualify for Chapter 7 in Florida?

Whether you qualify comes down to the means test (11 U.S.C. § 707(b)). The test is simple. It compares your household income over the last six months to the median income for a Florida family your size. If your income is below that line, you qualify and can file.

If your income is above that line, there is a second step. It subtracts your real expenses (rent or mortgage, car payments, health insurance, childcare, and taxes) to find your leftover income. I run your means test during your free consultation, so you know where you stand. The current Florida limits are:

Household Size	Annual Income Limit
1 person	$69,876
2 people	$86,523
3 people	$97,540
4 people	$114,761

Source: U.S. Trustee Program / Census Bureau median family income for Florida, effective July 15, 2026 (Means Testing). Add $11,100 for each individual beyond four. These figures are updated periodically; confirm the current table for your filing date.

If your income is above these thresholds, you may still qualify. The second part of the means test deducts certain expenses (mortgage or rent, vehicle payments, health insurance, childcare, taxes, and other IRS-allowed amounts) from your income. If your remaining disposable income is low enough, you can still file Chapter 7.

The means test sounds intimidating, but I walk you through every step. It considers your household size, allowable expenses, secured debt payments, and other factors that can change the outcome. Many people who assume they earn “too much” to qualify are surprised to learn they pass after proper analysis.

Additional eligibility requirements include:

• You must not have received a Chapter 7 discharge within the past 8 years (11 U.S.C. § 727(a)(8))
• You must complete an approved credit counseling course within 180 days before filing
• You must have filed your most recent required federal tax return (the trustee may request additional years)

The court filing fee for Chapter 7 is $338 (U.S. Courts). Fee waivers and installment payment plans are available for qualifying filers. I evaluate your means test results during your free initial consultation so you know exactly where you stand before committing to anything. Call (904) 396-5557 to find out if you qualify.

What Debts Can Chapter 7 Eliminate?

Chapter 7 clears most unsecured debt for good. Once a debt is discharged, the creditor can never try to collect it again. That covers credit card balances, medical bills, personal loans, payday loans, past-due utilities, leftover balances after a repossession or foreclosure, and most court judgments.

Some debts do not go away, no matter what. By federal law (11 U.S.C. § 523), that includes child support, alimony, most student loans, recent taxes, and debts from fraud. It helps to know which of your debts will clear and which will not before you file. That tells you how much relief to expect.

During your free consultation at our Jacksonville office, I review every debt you owe and explain exactly what Chapter 7 will eliminate, what will survive, and whether filing makes financial sense given your total obligations.

Debts That Can Be Discharged

• Credit card debt: Visa, Mastercard, store cards, all unsecured revolving debt
• Medical bills: hospital, doctor, dental, and other healthcare debts
• Personal loans: unsecured bank loans, payday loans, online lending
• Utility bills: past-due electric, water, gas, phone, and internet
• Deficiency balances: remaining debt after a car repossession or home foreclosure
• Old judgments: most civil lawsuit debts and collection judgments
• Business debts: debts of a sole proprietor (the business itself doesn’t file; a corporation or LLC pursues business bankruptcy instead)

Debts That Cannot Be Discharged

• Child support and alimony: domestic support obligations always survive
• Most student loans: unless you prove “undue hardship” (the Brunner test), which is a high bar
• Recent tax debts: income taxes less than 3 years old (older tax debts may be dischargeable)
• Criminal fines and restitution
• Debts from fraud or willful injury: including fraudulent credit card charges
• DUI-related injury debts
• HOA/condo fees: dues that accrue after filing are not dischargeable

For most Jacksonville residents considering Chapter 7, the debts causing the greatest hardship (credit cards, medical bills, and personal loans) are fully dischargeable.

I walk every client through exactly which debts qualify during our initial consultation, so you know how much relief bankruptcy will provide before making any commitment. Call (904) 396-5557 for a free case evaluation.

What Property Can You Keep in a Chapter 7 in Florida?

One of the biggest fears I hear from clients is losing their home or car, and after guiding so many Jacksonville families through this process, I understand that concern deeply. The good news is that Florida has opted out of the federal exemption system and instead uses Florida state exemptions under Chapter 222 of the Florida Statutes, which include an unlimited homestead exemption and strong protection for your car, wages, and retirement accounts. Federal protections for Social Security and retirement accounts also apply, no matter which exemptions you use.

Florida’s unlimited homestead exemption protects all equity in your primary residence, the motor vehicle exemption covers up to $5,000 in equity, and ERISA-qualified retirement accounts are fully shielded. Head-of-household wages are also exempt from creditor garnishment.

In most cases, Chapter 7 filers in Jacksonville keep everything they own, and the table below details the key protections available under current Florida law. Knowing these exemptions before you file matters, because they determine what property you retain throughout the process.

Asset	Protection	Source
Homestead	Unlimited equity	Fla. Const. Art. X, § 4
Motor vehicle	Up to $5,000 equity	Fla. Stat. § 222.25(1)
Personal property	$1,000 (or $4,000 without homestead)	Fla. Stat. § 222.25(4)
Retirement accounts	100% protected	ERISA-qualified (401(k), IRA, pension)
Wages	Fully exempt (head of household)	Fla. Stat. § 222.11
Life insurance	Cash value exempt	Fla. Stat. § 222.14
Public benefits	Fully exempt	Workers’ comp, unemployment, disability, Social Security

The homestead exemption is Florida’s most valuable protection. It covers unlimited equity in your primary residence as long as the property is no larger than half an acre in a municipality or 160 acres in a rural area. You must have owned the home for at least 1,215 days before filing; otherwise, a federal cap applies (currently $214,000 under 11 U.S.C. § 522(p), adjusted every three years).

In case after case, most filers keep all of the property that matters most to them. The goal of Chapter 7 isn’t to take everything you own. It’s to eliminate the debt that’s holding you back.

What Happens After You File Chapter 7 in Jacksonville?

Chapter 7 cases in Jacksonville are filed in the Middle District of Florida, Jacksonville Division, one of the busiest bankruptcy courts in the nation. Despite that volume, the process itself is structured and predictable, following a clear timeline from your credit counseling course through the final discharge order.

Most Chapter 7 cases in Jacksonville finish within three to six months, and the automatic stay provides immediate relief from creditor collection activity the moment the petition is filed. I walk every client through each step so you know what to expect at every stage.

The timeline below outlines each milestone in a typical Jacksonville Chapter 7 case from filing through discharge.

The automatic stay starts right away. The moment you file, a court order called the automatic stay (11 U.S.C. § 362) stops all collection. Wage garnishment stops. Foreclosure pauses. Repossession is blocked. Lawsuits freeze. The calls have to stop. For many people, this relief is the reason they file.

341 Meeting of Creditors: About 30 to 45 days after you file, you attend a short meeting. The trustee (the court-appointed official who reviews your case) asks a few questions and checks your paperwork. In Jacksonville these meetings usually last 5 to 10 minutes. Creditors rarely show up. I prepare you ahead of time, so there are no surprises.

Trustee review: The appointed trustee reviews your assets to determine if any non-exempt property exists. In the majority of Chapter 7 cases, the trustee files a “no-asset report,” meaning nothing is liquidated and you keep it all.

Discharge: About 60 to 90 days after the 341 meeting, the court signs your discharge, the order that wipes out your eligible debts for good. Start to finish, a Jacksonville Chapter 7 usually takes 3 to 6 months.

How Much Does Chapter 7 Cost in Jacksonville?

I believe cost should never keep someone from the debt relief they need, which is why our Jacksonville office offers a Fast File option that lets you begin for just $250 upfront in attorney fees. According to Nolo (2026), the average total cost for a Chapter 7 case in Florida runs from $1,500 to $2,500, covering attorney fees, the $338 federal court filing fee, and two required financial education courses.

For many filers, that investment eliminates tens of thousands of dollars in unsecured debt and stops wage garnishment, foreclosure, and creditor harassment. I discuss all costs openly during your free consultation so you understand the full picture before making any decisions.

Call (904) 396-5557 to learn about your options and get pricing tailored to your case.

• Court filing fee: $338 (U.S. Courts). Fee waivers and installment plans available.
• Attorney fees: $1,500–$2,500 for a standard Chapter 7 in Jacksonville.
• 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, with the balance paid in monthly installments after filing. This lets you get automatic-stay protection immediately without saving up the full fee first.

Why Jacksonville Families Trust Sacks & Sacks for Chapter 7

I have worked as a Jacksonville bankruptcy lawyer since 1998. For 27 years I have helped individuals and families across the Middle District of Florida, Jacksonville Division, eliminate crushing debt and rebuild their financial lives.

I have seen every situation that brings people to a Chapter 7 attorney: overwhelming medical bills after a health crisis, credit card debt that spiraled during a job loss or divorce, wage garnishment that leaves families unable to cover groceries and rent, and collection lawsuits that feel impossible to fight alone.

My approach is direct and personal. I analyze your situation, explain every option under Florida and federal bankruptcy law, and recommend the strongest path to a fresh start. Whatever brought you here, I have 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 (51 client reviews) • 4.6-star average across 265 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

What Our Chapter 7 Clients Say

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Frequently Asked Questions

Can I Keep My Car If I File Chapter 7 in Florida?

In most cases, yes. Florida’s motor vehicle exemption protects up to $5,000 in equity in one vehicle (Fla. Stat. § 222.25(1)). If your car is worth less than $5,000 after subtracting what you owe on it, it’s fully protected. If you’re still making car payments and are current on them, you can typically keep the vehicle by signing a reaffirmation agreement with the lender.

How Long Does Chapter 7 Bankruptcy Take?

A Chapter 7 case in the Middle District of Florida, Jacksonville Division, typically takes 3 to 6 months from filing to discharge. The 341 Meeting of Creditors is scheduled about 30–45 days after filing, and the discharge order follows approximately 60–90 days after that meeting.

Will Chapter 7 Stop Wage Garnishment?

Yes, immediately. The automatic stay under 11 U.S.C. § 362 takes effect the moment your bankruptcy petition is filed. All wage garnishment, bank levies, creditor lawsuits, and collection calls must stop. If the underlying debt is dischargeable, the garnishment ends permanently. If you’re facing active garnishment, I can often file within 24 to 48 hours.

Can I File Chapter 7 If I Own a Home in Florida?

Yes. Florida’s homestead exemption protects unlimited equity in your primary residence (up to half an acre in a municipality). As long as you’ve owned the home for at least 1,215 days and are current on your mortgage, you can keep your home in Chapter 7. Florida has one of the most protective homestead exemptions in the nation.

What Is the Means Test for Chapter 7?

The means test compares your household income to the median income for your family size in Florida. If your income is below the median ($69,876 for a single person, $86,523 for two), you qualify. If above, a second calculation deducts allowable expenses. If your remaining disposable income is still low enough, you can still file Chapter 7.

How Soon Can I Rebuild Credit After Chapter 7?

You can begin rebuilding credit immediately after discharge. Chapter 7 stays on your credit report for 10 years, but many filers receive credit card offers within months of discharge. Every 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. Many of my clients see meaningful improvement within 2 to 3 years.

Serving Jacksonville, Orange Park, St. Augustine, Fernandina Beach, and all of Northeast Florida. Virtual consultations available, no office visit required.

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 Retrieved September 1, 2026.
[2] U.S. Bankruptcy Court, Middle District of Florida. Filing Statistics. https://www.flmb.uscourts.gov/statistics/ Retrieved September 1, 2026.
[3] Florida Legislature. Chapter 222: Exemptions. https://www.leg.state.fl.us/statutes/ Retrieved September 1, 2026.
[4] Nolo. (2026). Florida Bankruptcy Exemptions. https://www.nolo.com/legal-encyclopedia/ Retrieved September 1, 2026.
[5] U.S. Courts. Bankruptcy Court Miscellaneous Fee Schedule. https://www.uscourts.gov/court-programs/fees/ Retrieved September 1, 2026.
[6] U.S. Trustee Program / U.S. Census Bureau. Median Family Income by Family Size (for cases filed on or after July 15, 2026). https://www.justice.gov/ust/eo/bapcpa/20260715/bci_data/median_income_table.htm Retrieved September 1, 2026.