Kingcade Garcia McMakenFindLaw IM Template2026-09-11T17:40:43Zhttps://www.miamibankruptcy.com/feed/atom/WordPress/wp-content/uploads/sites/1503987/2024/08/cropped-KingcadeGarciaMcMaken_SITEICON_512x512_AUG24-32x32.jpgOn Behalf of Kingcade Garcia McMaken<![CDATA[Can a Florida HOA foreclose on your home for unpaid dues?]]>https://www.miamibankruptcy.com/?p=505732026-09-11T17:40:43Z2026-09-11T17:32:32ZThe legal process of an HOA foreclosure
Florida law allows associations to record a lien against your property for unpaid assessments. This legal claim serves as the first step toward a potential judicial sale of your home. However, before they can take this first step, they are required to follow a multistep notice process.
Mandatory notice and waiting periods
Before an association can file for foreclosure in a Florida circuit court, it must complete a strict sequence of mandatory notices and waiting periods. First, Florida law dictates that they send a "Notice of Late Assessment," which gives you 30 days to pay the past-due balance.
Once that initial 30-day window expires, the association may issue a formal notice of its intent to record a lien against your property, triggering a 45-day waiting period. If the debt remains unresolved, they must send one final notice of intent to foreclose, granting you another 45 days to settle the account before they can officially initiate a lawsuit.
Using bankruptcy to stop the sale
When the association begins a lawsuit, you may feel like you have run out of time to save your home. However, federal law provides you with the protection of the 'automatic stay' through the Bankruptcy Code.
Filing a bankruptcy petition triggers an automatic stay, which halts the HOA foreclosure action and pauses most collection efforts against you while the court evaluates your case. Meanwhile, Chapter 13 allows you to propose a plan to catch up on past-due assessments over three to five years as long as you remain current on new assessments as they come due.
Getting professional help for property disputes
You must act promptly and build a legal strategy to explore every possible defense when protecting your home from an association sale. A real estate attorney can help you understand your legal options, advocate for your rights and guide you toward the best solution for your financial future]]>On Behalf of Kingcade Garcia McMaken<![CDATA[Can bankruptcy erase medical bills in Florida?]]>https://www.miamibankruptcy.com/?p=505682026-08-27T18:04:47Z2026-08-27T18:04:47ZMedical debt classification under federal rules
Bankruptcy courts group debts into specific categories to determine repayment order. Medical bills fall into the general unsecured category.
Hospital stay charges
Emergency room physician bills
Outpatient testing costs
These obligations carry no property collateral backing. Healthcare providers cannot repossess personal items or place direct liens on standard personal belongings without prior court judgments.
Erasing balances with Chapter 7 vs. Chapter 13
Filing under Chapter 7 allows eligible individuals to eliminate qualifying pre-petition medical debts completely within a few months. Under Florida law, individuals who do not claim a homestead exemption can protect up to $4,000 in personal property using the state wildcard exemption as of August 2026.
Individuals with higher income levels can utilize Chapter 13 reorganization instead. This option combines balances into a structured 3 to 5-year repayment plan based on disposable monthly earnings. The court discharges any remaining unpaid medical debt upon completion of the scheduled plan payments.
Take action to resolve medical debt today
Collection calls and legal threats from medical debt buyers create heavy stress. Scheduling a formal legal consultation provides a clear review of financial records, Florida exemption protections and available debt relief paths. A knowledgeable legal representative evaluates your circumstances to establish the correct legal strategy.
]]>On Behalf of Kingcade Garcia McMaken<![CDATA[Beyond the numbers: Cracking Florida’s Chapter 7 Income Code in 2026]]>https://www.miamibankruptcy.com/?p=505342026-08-24T17:51:16Z2026-08-26T17:49:16Z who is considering Chapter 7 bankruptcy in Florida can benefit from a basic understanding of the means test and how it determines eligibility. This financial screening tool acts as a gatekeeper, separating those who qualify for Chapter 7 debt relief from those who must explore alternative options.
Understanding the means test mechanism
The means test evaluates whether your income is low enough to file for Chapter 7 bankruptcy. Congress designed this test to prevent abuse of the bankruptcy system by ensuring that only those who genuinely cannot repay their debts receive a complete discharge. It aims to achieve this goal by comparing the applicant’s average monthly income over the past six months to Florida's median income levels for households of similar size.In most cases those who earn less than the state median pass this test and can proceed with Chapter 7. However, those whose income is more than the median will need to complete a more detailed calculation that accounts for specific allowed expenses to determine disposable income.
Florida's 2026 income thresholds
The median income figures adjust periodically to reflect economic changes. For cases filed between April 1, 2026 and July 14, 2026, Florida's means test thresholds are:
Single individual: $69,876
Two-person household: $86,523
Three-person household: $97,540
Four-person household: $114,761
For households exceeding four people, add $11,100 for each additional person. Since these figures are adjusted it is important to review test figures to make sure you are using the most current thresholds.
When the means test becomes an obstacle
Failing the means test does not necessarily end your bankruptcy journey. If your income exceeds the median and the detailed expense calculation shows you have sufficient disposable income to repay creditors, you have alternatives.Chapter 13 bankruptcy becomes the primary option for those who do not pass the means test. This approach offers distinct advantages:
Restructure debts over a span of three-to-five-years in a more manageable repayment plan
Retain valuable assets like your home and vehicle
Stop foreclosure proceedings and catch up on missed mortgage payments
Discharge remaining eligible debts after completing the payment plan
Chapter 13 provides breathing room while allowing you to maintain your financial dignity through structured repayment rather than liquidation.
Moving forward with confidence
The means test serves an important purpose in the bankruptcy process, but it should not discourage you from seeking debt relief. Whether you pass or fail, options exist to help you achieve financial stability. Consulting with an experienced Florida bankruptcy attorney helps to better ensure you understand which path best suits your circumstances and maximizes your opportunity for a fresh financial start. Your income level determines the route, but not your ability to find relief from overwhelming debt.]]>On Behalf of Kingcade Garcia McMaken<![CDATA[Choosing between Chapter 13 and Chapter 7 bankruptcy in Florida]]>https://www.miamibankruptcy.com/?p=505332026-08-24T17:31:05Z2026-08-24T17:31:05Z financial hardship becomes overwhelming, bankruptcy can offer a fresh start. However, it is important to select the right chapter for your financial recovery. Understanding when to file Chapter 13 versus Chapter 7 bankruptcy in Florida can make a significant difference in your outcome.
When Chapter 13 bankruptcy is your best option
Chapter 13 bankruptcy focuses on reorganizing your debts and repaying them over three to five years. This option works best under specific circumstances. Chapter 13 is generally helpful for those who:
Want to save their home from foreclosure and catch up on missed mortgage payments
Earn a regular income sufficient to fund a repayment plan
Have valuable non-exempt assets they wish to protect from liquidation
Need to address tax debts or domestic support obligations through a structured payment plan
Chapter 13 provides breathing room while you get back on your feet. It is particularly valuable for homeowners facing foreclosure, as the automatic stay halts foreclosure proceedings and the repayment plan allows you to cure mortgage arrears. Additionally, if you previously filed Chapter 7 within the past eight years, Chapter 13 may be your only bankruptcy option.
When Chapter 7 bankruptcy makes more sense
Chapter 7 bankruptcy, known as "liquidation bankruptcy," discharges most unsecured debts within three to four months. This faster process suits different financial situations.Chapter 7 is ideal when you:
Have primarily unsecured debts like credit cards and medical bills
Pass the means test showing your income falls below Florida's median
Own few assets or only exempt property protected under Florida law
Need immediate debt relief without the commitment of a multi-year repayment plan
Chapter 7 is generally a quicker path to financial freedom for those who qualify. Florida's generous homestead exemption can protect your primary residence regardless of value, making Chapter 7 attractive for homeowners. However, you must meet income requirements and cannot have filed Chapter 7 within the previous eight years.
Making the right choice
Deciding between Chapter 13 and Chapter 7 requires careful analysis of your income, assets, debts and long-term goals. Chapter 13 can work well when you need to protect assets or catch up on secured debts, while Chapter 7 suits those seeking quick discharge of unsecured obligations. Consulting with an experienced bankruptcy attorney can help you navigate Florida's specific exemptions and determine which chapter aligns with your financial situation and objectives.]]>On Behalf of Kingcade Garcia McMaken<![CDATA[How long does bankruptcy appear on your credit report in Florida?]]>https://www.miamibankruptcy.com/?p=505322026-08-21T15:48:23Z2026-08-21T15:48:23ZWhich kind of bankruptcy are you filing?
If you file for Chapter 7 bankruptcy, according to the Fair Credit Reporting Act (FCRA), the record may remain in your credit report for up to 10 years from the filing date. While the same 10-year ceiling applies to Chapter 13, major credit bureaus generally remove completed Chapter 13 bankruptcies after 7 years from the filing date as a matter of policy.
Will it affect your credit score?
While a bankruptcy filing does affect your credit score, the extent of the impact often depends on where your score stood before the filing. If late payments or high balances had already brought your score down, the additional drop from the bankruptcy itself may be smaller than you expect. Over time, consistent financial habits can help rebuild your credit profile:
Borrow only what you can pay back
Make every payment on time
Maintain a lower balance
If you follow these practices and regularly monitor your credit, you can establish a credit history that a creditor views favorably.
Understanding your options after bankruptcy in Florida
Knowing how long a bankruptcy stays on your credit report is one part of making an informed financial decision. The credit reporting timelines set by federal law apply regardless of where you file, but the steps you take after filing, from monitoring your credit to building new payment history, can influence how quickly your financial profile recovers. If you have questions about how bankruptcy fits your specific situation, an attorney familiar with Florida bankruptcy law can explain the process and what to expect after filing.]]>On Behalf of Kingcade Garcia McMaken<![CDATA[Can I keep my house if I file for bankruptcy in Florida?]]>https://www.miamibankruptcy.com/?p=505312026-08-18T07:26:38Z2026-08-18T07:26:38ZBankruptcy filing and your mortgage lien
A bankruptcy petition may result in the discharge of certain eligible unsecured debts, but it does not remove a mortgage lender’s lien. When your payments remain current and the property is otherwise protected, the lien poses no immediate threat. Even when arrears exist, relief may still be available under Chapter 13.
How Florida's homestead exemption protects your equity
State law offers a strong homestead exemption for many primary residences. This exemption can shield home equity from creditors, though it has important limits. The exemption does not cancel a mortgage or prevent foreclosure if payments are missed. Factors such as residency status, property size or property classification may also affect eligibility.
Chapter 13 can help save a residence
Chapter 13 lets homeowners spread mortgage arrears over three to five years while continuing regular payments. Filing immediately triggers the automatic stay, halting foreclosure by law, unless prior dismissed cases within the past year limit or remove that protection.
Key considerations that affect whether you can keep your home
Several factors can determine whether keeping a residence is realistic:
Is the property your primary residence? Protections differ between primary homes and investment properties.
Is the mortgage current or already in default? Default affects urgency and which chapter makes sense.
How much equity do you have in the property? High equity may expose the home under Chapter 7.
Are there tax claims, liens or encumbrances? Some can be resolved through bankruptcy; others limit options.
Can your income cover plan payments and housing costs? If not, a Chapter 13 plan cannot succeed.
These factors work together, and a weakness in one area does not automatically close off your options.
Financial disclosures and budgeting in a Chapter 13 case
A successful Chapter 13 case starts with accurate financial disclosures and a realistic budget. In South Florida, high housing costs and uneven income can complicate your repayment strategy. With the right plan, keeping your home and meeting your obligations can be achievable, but only once you understand which options apply to your situation.]]>On Behalf of Kingcade Garcia McMaken<![CDATA[Can you still file for Chapter 7 bankruptcy even when unemployed?]]>https://www.miamibankruptcy.com/?p=505292026-08-13T15:27:22Z2026-08-13T15:27:22ZWhat is Chapter 7 bankruptcy?
Chapter 7 bankruptcy is a legal process that clears most unsecured debts. These include credit card bills, medical bills and personal loans. People often call it "liquidation bankruptcy." It lets people erase debts while giving up some assets.
However, Florida offers exemptions that protect property like homes, vehicles and personal belongings. Most filers keep all their property while obtaining debt relief.
Is employment required to qualify for Chapter 7?
The court does not require a job to qualify. What matters is passing the means test. This test compares your income to Florida's median income. With no wages coming in, many unemployed people often find it easier to qualify.
How does the means test work without income?
The means test examines the past six months of income. If total household income falls below Florida's median for a similar household size, automatic qualification occurs. Unemployment benefits, severance pay and other sources count as income during this calculation. However, many unemployed filers have minimal income, making them strong candidates for Chapter 7 relief.
What happens to unemployment benefits in bankruptcy?
Florida law provides strong protections for unemployment compensation. Under state law, unemployment benefits are exempt from creditor claims in bankruptcy. This means these funds remain protected and available for living expenses during the bankruptcy process. The bankruptcy trustee cannot take unemployment payments to pay creditors.
Can filing bankruptcy help during unemployment?
Chapter 7 bankruptcy can eliminate credit card debt, medical bills and personal loans within months. This discharge frees up limited resources for essential expenses like housing and food. The automatic stay immediately stops collection calls, lawsuits and wage garnishments upon filing. This can provide immediate relief during a difficult time.
Exploring your options for debt relief
Financial hardship during unemployment does not have to be permanent. Chapter 7 bankruptcy provides a legal pathway to eliminate qualifying debts. Florida law protects essential sources of income during the process. Learning how the process works can help you make informed decisions about your finances.]]>On Behalf of Kingcade Garcia McMaken<![CDATA[Will you lose everything if you file for bankruptcy in Florida?]]>https://www.miamibankruptcy.com/?p=505172026-07-30T18:30:38Z2026-07-30T18:30:38ZNo, filing for bankruptcy does not mean that you will lose everything. This is a common misconception, though, and it makes some people wary of filing. They believe that they are going to have to sell all of their assets, and so, even though they may be out of debt, they will be in a worse position than they were before.
Chapter 7 bankruptcy is known as liquidation bankruptcy, and it does often require selling assets. However, you only have to get rid of non-exempt assets, and there are many exemptions that you can use.For instance, Florida has a homestead exemption. That means you can exempt any equity in your house. There is also a wage exemption that can protect as much as $750 per week in earnings.On top of that, there are personal property exemptions that you can use for things like electronics or home furnishings, typically set at $1,000, but increased to $4,000 for those who are not going to utilize the homestead exemption. There is also a $4,000 wildcard exemption for individuals and an $8,000 wildcard exemption for couples.
The type of bankruptcy you file
The next thing to remember is that you do not necessarily have to file for Chapter 7 in the first place. If you file for Chapter 13 bankruptcy, you generally do not have to liquidate assets at all. Instead, your debt is consolidated into a repayment plan, and you then make monthly payments for the next three to five years.
Considering your options
This helps to show that you are not going to lose everything if you file for bankruptcy in Florida. You just need to know how the system works, and an experienced attorney can help.
]]>On Behalf of Kingcade Garcia McMaken<![CDATA[Could your debt be harming your marriage?]]>https://www.miamibankruptcy.com/?p=505162026-07-28T02:49:58Z2026-07-28T02:49:58ZIn one survey, 54% of respondents said that a partner’s debt was a reason to consider divorce.
Bankruptcy can help you get rid of debt, so it is unsurprising that it may help the marriage if it is not too late. What can make debt so damaging to marital harmony?
A breach of trust
When one or both spouses get into debt, they may feel guilty about spending. This can lead to hiding their spending from each other or lying about it. This in turn can lead to a breakdown of the trust on which the marriage relies.
Exacerbating a couple’s differences
When money gets to be a problem, it can lead couples to focus on their differences. For example, someone who hopes to save for a house may start to believe the only way they will ever get there is to separate from their spouse if they believe the debt is more their spouse’s fault than their own.
Taking the fun out of things
Relationships need a significant and constant investment of time and effort, and money can make that easier. It can allow you to go out and do fun things together, such as date nights or vacations, where you can strengthen your relationship.
If your time is instead taken up with worrying about how to make the next payment on your credit card or loan, then it doesn’t leave much time to enjoy each other’s company. It can also lead couples being on edge due to the stress -- making arguments more likely.
If you are struggling with overwhelming debt and can see that it is harming your marriage, then consider finding out more about the bankruptcy process. As daunting as it might seem, with the right help, it could be the start of a much brighter future for your finances and marriage.]]>On Behalf of Kingcade Garcia McMaken<![CDATA[Does bankruptcy mean you can never get another loan?]]>https://www.miamibankruptcy.com/?p=505142026-07-22T15:47:17Z2026-07-22T15:47:17ZPeople are often nervous to file for bankruptcy because of what it means for the future. They worry that they will never be able to get a loan. They may be concerned about how this will affect their ability to purchase a home, for example, or a vehicle.
The good news is that you can rebuild your credit after filing for bankruptcy. Initially, your credit score is going to drop. This can make it more difficult to get a traditional loan, and something like a mortgage application may be rejected. Potential borrowers are often evaluated according to their credit score, so having a lower score does reduce your chances.But if you take proactive steps to rebuild your credit score, you can actually put yourself in a better financial position. After all, prior to filing for bankruptcy, you likely had outstanding levels of debt and were missing payments. This also harmed your credit score. By eliminating that debt and rebuilding your score, you make it possible to get other loans in the future.
How long will this take?
Every case is unique, and it depends on numerous factors. But many experts estimate that you can rebuild your credit score in anywhere from 12 to 18 months. You should at least be able to see improvement.There are various tactics to do this. One is to take out a secured credit card, which requires a down payment. Since this removes any risk for the lender, they are more likely to grant you access to the account. Paying it off on time shows that you are a responsible borrower and helps increase your credit score.If you are considering bankruptcy or you have questions about the process, be sure you know exactly what legal steps you will need to take.