Debt Relief Attorneys

Miami Bankruptcy Lawyer

Overwhelmed by debt? You are not alone. Our experienced bankruptcy attorneys help Miami families and businesses eliminate debt, stop creditor harassment, and build a stronger financial future.

Free Bankruptcy Consultation
Bankruptcy Law

A Fresh Start Is Not a Sign of Failure — It Is a Legal Right

Filing for bankruptcy is one of the most important financial decisions you can make. Far from being a last resort, bankruptcy is a powerful federal protection designed to give honest individuals and businesses the opportunity to eliminate unmanageable debt and start over with a clean slate.

Bankruptcy lawyer Miami debt relief

At Lacayo Law Firm, we understand the stress and uncertainty that come with mounting bills, creditor calls, and the threat of foreclosure or wage garnishment. Our compassionate bankruptcy attorneys work closely with every client to evaluate their unique financial situation, explain all available options, and develop a strategy that provides maximum relief under the law.

Whether you are an individual struggling with credit card debt and medical bills, or a business owner seeking to reorganize and preserve your company, we have the experience and dedication to guide you through the bankruptcy process with confidence and dignity.

Automatic Stay Protection

Stop creditor calls, lawsuits, and garnishments immediately upon filing

Homestead Exemption

Florida law provides generous protections for your primary residence

Debt Elimination

Discharge qualifying debts and regain financial freedom

Bilingual Team

Full legal services available in English and Spanish

Our Services

Types of Bankruptcy We Handle

Each chapter of bankruptcy serves a different purpose. Our attorneys will analyze your financial situation and recommend the best path forward for your unique circumstances.

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Chapter 7 Bankruptcy

Liquidation / Fresh Start

Eliminate most unsecured debts entirely and get a complete financial fresh start. Chapter 7 is the fastest form of bankruptcy, typically completed in 3 to 4 months.

  • Discharge credit card debt
  • Eliminate medical bills
  • Completed in 3-4 months
  • Keep exempt property
Learn About Chapter 7
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Chapter 11 Bankruptcy

Business Reorganization

Restructure your business debts while continuing operations. Chapter 11 allows businesses to develop a court-approved plan to reorganize finances and return to profitability.

  • Continue business operations
  • Restructure debt obligations
  • Renegotiate contracts & leases
  • Protect business assets
Learn About Chapter 11
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Chapter 13 Bankruptcy

Repayment Plan

Create a manageable 3 to 5 year repayment plan to catch up on secured debts like mortgages and car loans while discharging remaining unsecured debt at the end of the plan.

  • Keep your home & vehicle
  • Catch up on mortgage arrears
  • Affordable monthly payments
  • Protect co-signers from creditors
Learn About Chapter 13
Warning Signs

Signs You May Need Bankruptcy Protection

If you are experiencing any of the following financial difficulties, bankruptcy may provide the relief and protection you need.

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Creditors Are Calling Constantly

Persistent calls, letters, and threats from creditors and collection agencies are disrupting your daily life and causing significant stress.

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Wages Are Being Garnished

Your employer has been ordered to withhold a portion of your paycheck to pay creditors, reducing your take-home pay below what you need to live.

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Facing Foreclosure

You have fallen behind on mortgage payments and your lender has initiated foreclosure proceedings, threatening your family’s home.

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Using Credit Cards for Necessities

You rely on credit cards to pay for basic living expenses like groceries, utilities, and gas because your income cannot cover your monthly costs.

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Lawsuits Filed Against You

Creditors have filed lawsuits seeking judgments against you, which could lead to bank account levies, property liens, or additional garnishments.

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Overwhelming Medical Bills

An unexpected illness or injury has left you with medical bills that far exceed your ability to pay, even with insurance coverage.

Understanding Your Options

What Debts Can Be Discharged?

Not all debts are treated equally in bankruptcy. Understanding which debts can be eliminated helps you make an informed decision about whether to file.

Debts That Can Typically Be Discharged

  • Credit Card Debt
    All outstanding balances on personal credit cards and store charge accounts
  • Medical Bills
    Hospital bills, doctor fees, dental work, and other healthcare-related debt
  • Personal Loans
    Unsecured personal loans, payday loans, and cash advance debts
  • Utility Bills
    Past-due electric, water, gas, phone, and internet service balances
  • Civil Judgments
    Most money judgments from lawsuits, including deficiency balances
  • Lease Obligations
    Remaining balances on broken apartment leases and vehicle lease agreements

Debts That Generally Cannot Be Discharged

  • Child Support & Alimony
    Court-ordered domestic support obligations remain fully enforceable
  • Most Tax Debts
    Recent income tax debts and most other tax obligations survive bankruptcy
  • Student Loans
    Federal and private student loans (except in rare cases of undue hardship)
  • Criminal Fines & Restitution
    Court-ordered penalties and restitution related to criminal cases
  • Debts From Fraud
    Debts incurred through fraud, false pretenses, or intentional wrongful conduct
  • DUI-Related Debts
    Debts arising from death or personal injury caused by driving under the influence
Step by Step

Our Bankruptcy Process

From your first consultation to your final discharge, we guide you through every stage of the bankruptcy process with transparency and care.

Step 1

Free Consultation

We review your financial situation, discuss your goals, and determine the best type of bankruptcy for your circumstances. This meeting is completely free and confidential.

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Step 2

Document Gathering

We help you collect and organize all necessary financial documents including tax returns, pay stubs, bank statements, debt records, and asset information.

Step 3

Credit Counseling

Federal law requires an approved credit counseling course before filing. We guide you through this requirement and ensure it is completed properly and on time.

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Step 4

Petition Filing

We prepare and file your bankruptcy petition with the Southern District of Florida Bankruptcy Court. The automatic stay goes into effect immediately, stopping all creditor actions.

Step 5

341 Meeting of Creditors

We attend the meeting of creditors with you, where the bankruptcy trustee asks questions about your finances under oath. We prepare you thoroughly so you know what to expect.

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Step 6

Discharge & Fresh Start

Upon successful completion, qualifying debts are officially discharged by the court. We provide guidance on rebuilding your credit and maintaining long-term financial health.

Common Questions

Bankruptcy FAQ

How much does it cost to file for bankruptcy in Miami?

Court filing fees for Chapter 7 bankruptcy are $338, and Chapter 13 filing fees are $313. Attorney fees vary depending on the complexity of your case. Lacayo Law Firm offers free consultations and flexible payment plans to make bankruptcy protection accessible to everyone who needs it. During your initial consultation, we will provide a clear and transparent breakdown of all expected costs.

Will I lose my home if I file for bankruptcy?

Not necessarily. Florida has one of the most generous homestead exemptions in the country, which protects your primary residence from creditors during bankruptcy proceedings. If you are current on mortgage payments or can catch up through a Chapter 13 repayment plan, you can generally keep your home. Our attorneys will evaluate your specific situation and develop a strategy to protect your property.

How long does bankruptcy stay on my credit report?

A Chapter 7 bankruptcy remains on your credit report for 10 years from the filing date, while Chapter 13 stays for 7 years. While this may sound daunting, the reality is that many clients begin rebuilding their credit immediately after receiving their discharge. With responsible financial habits, most people see significant credit score improvement within 1 to 2 years after bankruptcy.

Can bankruptcy stop creditor calls and wage garnishment?

Yes. One of the most powerful benefits of filing for bankruptcy is the automatic stay, which is a federal court order that takes effect immediately upon filing. The automatic stay stops most collection actions against you, including creditor phone calls, demand letters, active lawsuits, wage garnishments, bank account levies, and foreclosure proceedings. This provides immediate relief and breathing room while your case proceeds.

What is the difference between Chapter 7 and Chapter 13 bankruptcy?

Chapter 7 is a liquidation bankruptcy that eliminates most unsecured debts entirely and is typically completed in 3 to 4 months. It is ideal for individuals with limited income who want a complete fresh start. Chapter 13, on the other hand, creates a 3 to 5 year court-supervised repayment plan that allows you to catch up on secured debts like mortgages and car loans while discharging remaining unsecured debt at the end. Chapter 13 is best for individuals with regular income who want to keep specific assets. Our attorneys will recommend the chapter that best fits your financial goals.

Do I qualify for Chapter 7 bankruptcy?

To qualify for Chapter 7 bankruptcy in Florida, you must pass the means test, which compares your household income over the previous six months to the median income for a household of your size in the state. If your income falls below the state median, you generally qualify automatically. If your income is above the median, additional calculations considering your allowable expenses may still allow you to qualify. Our attorneys will perform a thorough means test analysis during your free consultation to determine your eligibility.

Take the First Step Toward a Debt-Free Future

Do not let financial stress control your life. Contact Lacayo Law Firm today for a free, confidential bankruptcy consultation.

(786) 671-4878
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