Chapter 13

bankruptcy courtAt Carl L. Griffin P.A. we have been helping consumers for over 22 years reduce or eliminate their debt under the protection of the federal bankruptcy court. We are located in Orange County, but offer services to clients in the Middle District which includes Orange, Seminole, Volusia, Osceola, Polk, Lake, Citrus and Marion Counties.  We can help with a liquidation or reorganization of your debt though Chapter 7 or Chapter 13 of the Federal Bankruptcy Code.


What is the difference between a Chapter 7 versus a Chapter 13?
Chapter 7 is a "Straight Liquidation." In a Chapter 7, we can usually eliminate unsecured debts, such as credit cards, medical bills, repossession deficiencies and signature loans, which allows you to get a fresh start and financial independence.

Chapter 13 is a "Debt Consolidation," or "Wage Earners Plan." Chapter 13 is primarily designed to allow you to stop foreclosures and repossessions, and it allows you to make up the back payments in a 36- to 60-month plan. In a Chapter 13, we can also consolidate other bills, such as your car payment, whereby you may be able to pay the value of the car and not the loan balance. Other debt that can be consolidated includes tax debts, student loans and child support or alimony arrears.


Chapter 13 frequently asked questions

I heard the bankruptcy laws changed. Can I still file a Chapter 13 bankruptcy?
Yes. Anyone can file for Chapter 13 bankruptcy under the new bankruptcy laws. There are added requirements under the new laws, such as providing copies of your tax returns, pay stubs, completing a budget with a consumer credit agency prior to filing bankruptcy and completing a two-hour financial management class after you file for bankruptcy. Otherwise, everything is basically the same.

Do I qualify for a Chapter 13 bankruptcy?
As long as you have a regular source of income, you should qualify to file a Chapter 13 bankruptcy.
Are certain debts dischargeable in Chapter 13 that are not dischargeable in Chapter 7?
Yes. Credit card fraud, embezzlement, larceny, conversion and certain IRS debt can be discharged in a Chapter 13 bankruptcy.

Will I lose any property?
You shouldn't lose any property in a Chapter 13 bankruptcy.

Do I have to list all my creditors?
Yes. The bankruptcy laws require you to list all of your creditors. Bankruptcy schedules are signed under the penalty of perjury, and you will be asked under oath at the Meeting of Creditors if all debts were listed.

Can I transfer ownership of my assets to someone else prior to filing bankruptcy, so I don't lose them in bankruptcy?
You don't lose assets in a Chapter 13, so you would not want to transfer any assets prior to filing bankruptcy.

If I am married, can I file separately, even if a foreclosure has begun and both names are on the mortgage?
Yes. If one of the spouses does not need to be in bankruptcy other than for the foreclosure, that spouse can remain out of the bankruptcy.

To schedule a Free Bankruptcy Consultation with an Orlando Attorney call us at 407-897-2275 or Contact me at to discuss your rights and options.

In today's economy, costs are an important factor.  We strive to maintain the most affordable fees in Central Florida.  We can get started for as little as $400.00 and arrange a payment plan to fit your needs.  Your economic health is most important to us.  You are our Number One concern.  We, at Carl L. Griffin, P.A. work as a team to reduce your stress.

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written documentation about our qualifications and experience. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

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Contact Information

Carl L. Griffin, P.A.

Orlando Office
2223 Curry Ford Road
Orlando, FL 32806
Phone: 407-897-2275

Ocala Office
820 East Fort King Street
Ocala FL 34471-2320
Phone: 352-236-2275