Bankruptcy Lawyers Serving Miami and Miami-Dade County

Yes. If you live in Miami and are behind on rent, you can still file for bankruptcy. Chapter 7 can discharge other debts, freeing up money for rent, while Chapter 13 may let you catch up on past-due rent through a payment plan. Filing also puts an automatic stay in place, which stops landlords from moving forward with eviction temporarily. However, timing matters — if a judgment for eviction has already been entered, bankruptcy may not stop the process. An attorney can explain exactly how this works in Miami-Dade County court.

Most Miami residents who file bankruptcy are able to keep their home and car. Florida has strong homestead protections that can shield your primary residence, and vehicle exemptions may protect your car as long as it isn’t overly valuable or fully paid off. In Chapter 13, you can catch up on missed mortgage or car payments through your repayment plan. In Chapter 7, as long as you keep payments current and meet exemption requirements, you usually won’t lose these assets. Each case is different, but losing your home or car is less common than many people fear.

The income limit for Chapter 7 bankruptcy in Miami depends on your household size and the state’s median income. If your income is below Florida’s median for your family size, you may qualify automatically. If it’s higher, the court applies a “means test” that looks at your income, expenses, and debts. Many people who think they earn too much still qualify once their actual expenses are factored in. An attorney can review your situation and determine if Chapter 7 is available under the Southern District of Florida rules.

In Miami, a Chapter 7 case usually takes about 3 to 4 months from filing to discharge. Chapter 13 cases last longer because they involve a repayment plan that spans 3 to 5 years. The timeline depends on whether documents are filed correctly, how quickly you provide needed information, and whether creditors object. While the process may feel overwhelming, having an experienced attorney guide you can make sure things move smoothly and on schedule.