Can You Discharge Student Loans in Bankruptcy? The Brunner Test and DOJ Process (2026)
Short answer: Yes, student loans can be discharged in bankruptcy — but not automatically. Unlike credit cards or medical bills, student loans require you to file a separate lawsuit inside your bankruptcy case (an “adversary proceeding”) and prove that repaying them would cause “undue hardship.” The good news: since the Department of Justice introduced a […]
Can You Discharge Tax Debt in Bankruptcy? IRS Debt in Chapter 7 and 13 (2026)
Short answer: Yes, some tax debt can be discharged in bankruptcy — but only income taxes that meet strict age and filing requirements. As a general rule, federal or state income tax can be wiped out in Chapter 7 if the return was due at least three years ago, was actually filed at least two […]
How Often Can You File Bankruptcy in Florida? Waiting Periods Explained (2026)
Short answer: There is no legal limit on how many times you can file bankruptcy in Florida — but there are strict waiting periods before you can receive another discharge (the court order that wipes out your debts). The clock runs from filing date to filing date: 8 years between two Chapter 7 discharges, 2 […]
Can I Keep My House in Chapter 7 Bankruptcy in Florida? (2026)
Short answer: In most cases, yes. Florida’s homestead exemption is one of the strongest in the nation — it protects an unlimited amount of equity in your primary residence, as long as the property fits within size limits and you meet residency requirements. If you are current on your mortgage payments and keep paying, you […]
Florida Chapter 7 Means Test: 2026 Income Limits and How to Qualify
Short answer: The Chapter 7 means test compares your household’s average gross income over the six months before filing against the median income for a Florida household of your size. For bankruptcy cases filed on or after July 15, 2026, the Florida medians are $69,876 for a one-person household, $86,523 for two people, $97,540 for […]
Can I Keep My Car in Chapter 7 Bankruptcy in Florida? (2026)
Short answer: In most Florida Chapter 7 cases, yes — you can keep your car. Florida law lets you protect up to $5,000 of equity in one motor vehicle (Fla. Stat. § 222.25(1)), and if you don’t claim the homestead exemption, you can add a $4,000 wildcard exemption on top — protecting up to $9,000 […]
How to Stop Foreclosure in Florida: Your Legal Options Explained
If you’re facing foreclosure in Florida, you have more options than you might think—and filing for bankruptcy is only one of them. Florida uses a judicial foreclosure process, which means your lender must sue you in court and the timeline gives you room to respond. Options include loan modification, reinstatement, a short sale, or filing […]
Exploring the Key Differences Between Chapter 7 and Chapter 13 Bankruptcy: Which Option is Right for You?
Introduction Bankruptcy is a legal process designed to provide relief to individuals and businesses who are unable to meet their financial obligations. For many facing overwhelming debt, understanding the differences between Chapter 7 and Chapter 13 bankruptcy can be crucial in determining the best path forward. This article will explore both options in depth, examining […]
Understanding Chapter 7 vs. Chapter 13 Bankruptcy: Key Differences and Common Misconceptions
Introduction Bankruptcy is a complex and often misunderstood legal process that provides relief to individuals and businesses struggling with overwhelming debt. Understanding the different types of bankruptcy, particularly Chapter 7 and Chapter 13, is crucial for anyone considering this option. This article aims to clarify the distinctions between these two chapters, addressing their processes, eligibility […]
Understanding the Minimum Debt Required for Bankruptcy: A Comprehensive Guide for Individuals Facing Financial Hardships
Introduction In today’s economic landscape, many individuals find themselves grappling with overwhelming debt, leading them to consider bankruptcy as a potential solution. This comprehensive guide aims to demystify the minimum debt requirements for filing bankruptcy, elucidating the process, consequences, and alternatives. Understanding the nuances of bankruptcy is crucial for anyone facing financial hardships, as it […]