Miami Bankruptcy Lawyer

We are a boutique law firm in Miami focused on bankruptcy and debt relief. When you call us at 786-522-1411 during business hours, you are connected directly to the lead attorney, Albert Goodwin. Never to an associate or to an assistant. When you hire our firm, Albert Goodwin handles your case directly, from the initial consultation through the discharge.

We represent individuals, families, and small businesses in the United States Bankruptcy Court for the Southern District of Florida. We have a track record of favorable results and excellent reviews.

Our practice covers the full range of consumer and small business bankruptcy work, including liquidation cases under Chapter 7, repayment plans under Chapter 13, business reorganizations under Chapter 11 and Subchapter V, and the work that often runs alongside a bankruptcy filing – foreclosure defense, defense against creditor lawsuits, stopping wage garnishments, and ending collection harassment.

Here is a closer look at how we help clients in each of these areas.

Our Practice Areas

Chapter 7 Bankruptcy

Chapter 7 is the form of bankruptcy most people picture when they think of starting over. It is a court-supervised liquidation that wipes out most unsecured debts – credit cards, medical bills, personal loans, deficiency balances on repossessed cars and houses, and most older judgments – in roughly four to six months. Most of our clients keep all of their property because Florida's bankruptcy exemptions are unusually generous, particularly for a primary residence.

We handle every step of a Chapter 7 case from start to finish: the means test, the petition and schedules, the 341 meeting of creditors, reaffirmation decisions on cars and homes, and the discharge order. Common Chapter 7 topics our clients ask about include:

• The Florida means test – how the court decides whether you qualify for Chapter 7 based on your household income
• Florida exemptions – which assets you keep when you file
• The Florida homestead exemption – unlimited protection of the equity in your primary residence, subject to acreage limits
• The 341 meeting of creditors – what really happens at the trustee meeting
• The discharge order – which debts go away and which survive
• Reaffirmation agreements – whether to sign one for your car or your house

Chapter 13 Bankruptcy

Chapter 13 is a court-supervised repayment plan that lasts three to five years. It is the right tool when you need to stop a foreclosure and catch up on a mortgage arrearage, when you earn too much to qualify for Chapter 7, when you want to strip a wholly unsecured second mortgage off your home, or when you need to pay non-dischargeable tax debt over time without interest or penalties continuing to accrue.

A well-drafted Chapter 13 plan can save your house, keep your car, protect a co-signer, and discharge whatever unsecured debt remains at the end of the plan. We routinely handle:

• Mortgage cure plans to stop foreclosure and reinstate a mortgage over up to 60 months
• Lien strips on wholly unsecured second mortgages and HELOCs
• Cramdowns on cars purchased more than 910 days before filing
• Plans designed to pay priority tax debt in full while wiping out everything else
• Conversions between Chapter 13 and Chapter 7 when circumstances change

Chapter 11 and Small Business Reorganization

For small businesses, real estate investors, and high-asset individuals, Chapter 11 – particularly Subchapter V, the streamlined small-business track – offers reorganization tools that Chapter 13 cannot. A Subchapter V plan can restructure secured debt, reject burdensome leases and contracts, and resolve disputes with multiple creditors in a single proceeding. We represent debtors in possession through plan confirmation and assist creditors in opposing inadequate plans.

Foreclosure Defense

Bankruptcy is one of several tools to defend against foreclosure, and often the most effective. The automatic stay stops a foreclosure sale the moment a petition is filed, and a Chapter 13 plan can cure the entire arrearage over five years while you make ongoing payments. Outside of bankruptcy, we also defend foreclosure lawsuits on the merits and negotiate loan modifications, short sales, and deeds in lieu. Our foreclosure defense practice is closely integrated with our bankruptcy work because the right answer usually depends on running both options in parallel.

Stopping Wage Garnishment and Creditor Lawsuits

The automatic stay also stops wage garnishments, bank account freezes, and most pending lawsuits. A Chapter 7 petition typically eliminates the underlying judgment along with the garnishment. When clients call us in a panic because a creditor has just garnished a paycheck or frozen a checking account, a same-week filing is often the answer.

Defending Against Creditor Harassment

Many of our clients arrive exhausted by collection calls, threatening letters, and aggressive collectors. Even before a bankruptcy is filed, the Fair Debt Collection Practices Act and Florida's Consumer Collection Practices Act create real liability for collectors who cross the line. We address creditor harassment on two fronts: stopping the calls through bankruptcy when filing is appropriate, and pursuing FDCPA and FCCPA claims when collectors have violated the statutes.

Debt Settlement and Alternatives to Bankruptcy

Bankruptcy is not always the right answer. For some clients, negotiated debt settlement with credit card issuers and medical providers makes more sense than a court filing. For others, doing nothing – "judgment-proof" status – is actually the correct strategy. We give honest advice about all the alternatives and only recommend filing when the math and the circumstances point that way.

Repossession Defense and Vehicle Issues

If your car has already been repossessed or is about to be, a bankruptcy filing – particularly Chapter 13 – can sometimes recover the vehicle and restructure the loan. We also handle disputes over deficiency balances after a repossession sale and challenge improper repossessions under Florida law. See our discussion of repossession defense for more.

Why Choose Us as Your Bankruptcy Attorneys

Many lawyers in South Florida advertise bankruptcy services, often as one practice area among many. Here is what sets our firm apart:

Focused Bankruptcy Practice

Bankruptcy is a federal practice with its own rules, its own court, and its own judges. We know the local rules of the Southern District of Florida, the standing trustees in Miami and Fort Lauderdale, and the procedural expectations of each chambers. That knowledge translates into smoother cases and fewer surprises.

Direct Attorney Access

You will speak with Albert Goodwin from your first call. You will work with Albert Goodwin during the consultation, at the 341 meeting, and at any contested hearings. Your file is not handed off to a paralegal or junior associate. Direct access matters most when something unexpected happens – a trustee question, a creditor objection, an emergency motion – and you need a decision quickly.

Honest Advice About Whether to File

We have turned away clients who would have been better off settling, waiting, or doing nothing. Bankruptcy is a powerful tool, but it has costs – both monetary and otherwise – and it permanently appears on your credit report. We tell clients honestly when filing makes sense, when it does not, and what the realistic outcomes look like.

Integrated Foreclosure and Litigation Defense

Because we also handle foreclosure defense and creditor litigation, we can run a state-court defense in parallel with a bankruptcy filing. That matters when timing is tight – for example, when a foreclosure sale is scheduled within days – and when a strategic choice between defending in state court, filing Chapter 7, or filing Chapter 13 will determine the outcome.

South Florida Coverage

We are based in Coral Gables and represent clients throughout Miami-Dade County, Broward County, and Palm Beach County. Filings are made in the Miami, Fort Lauderdale, and West Palm Beach divisions of the U.S. Bankruptcy Court for the Southern District of Florida, and we appear in all three.

How Our Process Works, Step by Step

The sequence we use for a typical consumer case:

1. Initial consultation. A confidential review of income, assets, debts, and goals. We tell you honestly whether a filing makes sense and which chapter fits.
2. Engagement and document collection. Six months of pay stubs, two years of tax returns, recent bank and brokerage statements, deeds, titles, and a creditor list.
3. Pre-filing planning. We adjust withholding, file any overdue tax returns, handle the credit counseling course, and check for preferences or fraudulent transfers.
4. Petition preparation. Drafting the petition, schedules, statement of financial affairs, and means test. You review and sign; we file.
5. Automatic stay. The moment we file, the automatic stay stops calls, lawsuits, garnishments, and foreclosure sales.
6. 341 meeting. Three to five weeks after filing, a short Zoom meeting with the trustee. We attend with you.
7. Discharge or confirmation. Chapter 7 discharge runs two to three months after the 341. Chapter 13 plan confirmation runs in a similar window, with the discharge after plan completion.

What to Expect in the First 30 Days

The first month after filing is when most clients realize the calls and lawsuits really have stopped:

• Collection calls drop to near zero within a few days through the court's electronic noticing system
• Active wage garnishments stop on the next payroll cycle
• Pending state court lawsuits are stayed; scheduled sales are cancelled
• The trustee is assigned and sets the 341 meeting date
• For Chapter 13 filers, the first plan payment is due to the trustee within 30 days

Common Reasons South Florida Residents File

No two clients are identical, but the patterns repeat:

• Job loss or pay reduction. Tourism, hospitality, and construction in South Florida move sharply with the business cycle.
• Medical emergencies. Even with insurance, deductibles and out-of-network charges add up. Medical debt is dischargeable in full.
• Divorce. One household becomes two on the same income.
• Failing small business. The owner is personally guaranteed on leases, lines of credit, and SBA loans.
• Predatory consumer credit. Payday loans, title loans, and high-rate credit cards.
• Property tax and HOA / condo association arrears. Post-Surfside special assessments on older condos have been substantial.
• Tax debt and IRS levies. See our tax debt page.

Frequently Asked Questions

How much does it cost to file?

Simple Chapter 7 cases typically run $1,500-$2,500 in attorney fees, plus the $338 court filing fee and roughly $50 for the two required courses. Chapter 13 fees are higher but a portion is paid through the plan. We quote a flat fee at the consultation.

Will I lose my house or car?

Almost never. Florida's homestead exemption protects unlimited equity in a primary residence. If you are behind on the mortgage, a Chapter 13 can cure the arrears over five years. Cars current on the loan stay; if equity exceeds the $1,000-per-debtor vehicle exemption, we plan around it.

Will my employer find out?

Filings are public record, but employers do not receive notice. The exception is active wage garnishments – payroll will be notified that the garnishment has stopped.

How long does bankruptcy stay on my credit?

Chapter 7: ten years. Chapter 13: seven years. In practice, most clients see credit recover faster than they expect. See our page on credit after bankruptcy.

Can I file without a lawyer?

You can, but it is usually a mistake. The schedules are technical, the means test is unforgiving, and small errors have real consequences.

If you are considering bankruptcy, facing foreclosure, or dealing with aggressive creditors, we invite you to schedule a confidential consultation. Call 786-522-1411 or email [email protected]. We will look at your full picture – income, assets, debts, and goals – and tell you honestly what your best path forward looks like.