Florida’s Best Bankruptcy Attorneys
Lomba, P.A., Florida’s Top Bankruptcy Attorneys
Florida Bankruptcy Lawyer for Chapter 13 and Chapter 11 Debt Relief
When debt becomes unmanageable, the right legal strategy can help you protect assets, stop creditor pressure, and create a realistic path forward. Bankruptcy is not always about giving up. In many cases, it is about reorganizing debt, preserving property, and using the protections of federal law to regain control.
At Lomba P.A., we help individuals, families, business owners, and companies throughout Florida evaluate whether Chapter 13 or Chapter 11 bankruptcy is the right option for their situation. Our team works closely with clients to understand the full financial picture, identify risks, and build a strategy designed around long-term stability.
Bankruptcy Help for Individuals and Businesses in Florida
Bankruptcy law is federal, but every case is shaped by the debtor’s income, assets, creditors, location, and applicable exemptions. Florida residents may have access to important protections, including exemptions for certain property, homestead interests, wages, and other assets, depending on the facts of the case. Florida’s exemption laws are found in Chapter 222 of the Florida Statutes, including provisions addressing homestead and personal property protections.
Our bankruptcy practice focuses on:
Chapter 13 bankruptcy for individuals with regular income
Chapter 11 bankruptcy for businesses, high-debt individuals, and complex reorganizations
Creditor pressure and collection defense
Business debt restructuring
Mortgage arrears and foreclosure-related debt strategies
Merchant cash advance and business financing debt issues
Tax, secured debt, and unsecured creditor analysis
Reorganization planning and bankruptcy court representation
Chapter 13 Bankruptcy in Florida
Chapter 13 bankruptcy is often called a wage earner’s plan. It allows individuals with regular income to propose a repayment plan to pay all or part of their debts over time. Under Chapter 13, repayment plans generally last three to five years, depending on the debtor’s income and financial circumstances.
For many Florida residents, Chapter 13 may be worth considering when they want to keep important property while catching up on debt through a structured court-supervised plan. The U.S. Bankruptcy Court for the Middle District of Florida explains that Chapter 13 allows a debtor to keep property and pay debts over time, usually over three to five years.
Chapter 13 May Help With:
Stopping or slowing creditor collection activity
Creating a structured repayment plan
Catching up on mortgage arrears
Addressing past-due car payments
Managing credit card debt, personal loans, and medical bills
Protecting certain property while repaying creditors
Consolidating debt into one court-supervised payment plan
Reducing pressure from lawsuits, garnishments, and collection calls
Who May Qualify for Chapter 13?
Chapter 13 is generally designed for individuals with regular income who can make ongoing plan payments. It may be appropriate for people who do not qualify for Chapter 7, want to protect important assets, or need time to catch up on secured debts.
A Chapter 13 case requires careful planning. The proposed repayment plan must account for income, expenses, secured debts, priority debts, and disposable income. Before filing, our firm reviews your financial situation to determine whether Chapter 13 is realistic, beneficial, and aligned with your goals.
Chapter 11 Bankruptcy in Florida
Chapter 11 bankruptcy is generally used for reorganization. It is most commonly associated with corporations and partnerships, but individuals can also file Chapter 11 in certain circumstances. The U.S. Courts describe Chapter 11 as a reorganization process where the debtor usually proposes a plan to keep the business alive and pay creditors over time.
Chapter 11 is often more complex than Chapter 13. It may be appropriate for businesses that need breathing room from creditors while restructuring debt, renegotiating obligations, preserving operations, and creating a plan for repayment.
The IRS also describes Chapter 11 as a reorganization process used primarily by incorporated businesses, while noting that individuals whose debt exceeds the maximum limit for Chapter 13 may also file Chapter 11.
Chapter 11 May Help With:
Business debt restructuring
Creditor lawsuits and collection pressure
Merchant cash advance debt issues
Commercial lease obligations
Vendor debt and supplier disputes
Secured lender negotiations
Tax debt planning
Preserving business operations during restructuring
Developing a court-approved repayment or reorganization plan
Chapter 11 for Florida Business Owners
For a business owner, debt problems can quickly affect payroll, vendor relationships, operations, cash flow, and ownership control. Chapter 11 may provide a legal framework to reorganize debts while continuing to operate the business.
Our firm helps business owners evaluate:
Whether Chapter 11 is the right restructuring tool
Which creditors pose the greatest legal or operational risk
Whether immediate bankruptcy protection is necessary
How to handle secured debt, tax debt, leases, and vendor obligations
Whether a reorganization plan is feasible
How bankruptcy may affect business operations and ownership interests
Chapter 13 vs. Chapter 11 in Florida
Both Chapter 13 and Chapter 11 are reorganization bankruptcies, but they are used in different situations.
| Issue | Chapter 13 | Chapter 11 |
|---|---|---|
| Commonly Used By | Individuals with regular income | Businesses, corporations, partnerships, and some individuals |
| Main Purpose | Repay debts through a 3 to 5 year plan | Reorganize debts and operations through a court-approved plan |
| Complexity | Usually less complex than Chapter 11 | More complex and often more expensive |
| Business Use | Generally not for corporations or partnerships | Commonly used for business restructuring |
| Best Fit | Individuals trying to keep property and repay debt over time | Businesses or high-debt individuals needing a broader restructuring strategy |
Choosing the wrong chapter can create unnecessary cost, delay, or legal complications. Before filing, it is important to review income, assets, creditor claims, business structure, pending lawsuits, and long-term goals.
How Bankruptcy Protection Works
When a bankruptcy case is filed, the automatic stay generally goes into effect. This can temporarily stop many collection actions, including lawsuits, collection calls, garnishments, repossessions, and foreclosure activity. The automatic stay is one of the most immediate protections available in bankruptcy, but it is not unlimited and may depend on prior filings, creditor motions, and the type of debt involved.
Our firm helps clients understand what bankruptcy can and cannot stop before a case is filed.
Our Florida Bankruptcy Process
1. Confidential Case Review
We begin with a detailed review of your financial situation, including debts, income, assets, lawsuits, creditor pressure, business obligations, and any pending foreclosure or collection activity.
2. Chapter Selection and Strategy
We determine whether Chapter 13 or Chapter 11 is the better fit. This includes reviewing eligibility, repayment feasibility, asset protection issues, creditor risks, and timing.
3. Filing Preparation
Bankruptcy requires accurate schedules, disclosures, creditor information, income records, asset valuations, and financial documents. We help prepare the filing carefully to reduce risk and avoid unnecessary problems.
4. Court Representation
After filing, we represent you throughout the bankruptcy process, including hearings, trustee matters, creditor issues, plan negotiations, and confirmation-related requirements.
5. Reorganization and Long-Term Planning
Bankruptcy is not just a filing. It is a financial restructuring process. We help clients think beyond immediate creditor relief and toward a more stable financial future.
Why Work With a Florida Bankruptcy Attorney?
Bankruptcy involves strict rules, deadlines, disclosures, and court procedures. A mistake can affect your property, your case outcome, your business, or your ability to receive relief. Working with a Florida bankruptcy lawyer gives you guidance on the legal, financial, and strategic issues that shape your case.
Our firm provides:
Practical bankruptcy guidance
Chapter 13 and Chapter 11 strategy
Business-focused debt restructuring support
Creditor and litigation risk analysis
Clear communication throughout the process
Representation designed around your financial goals
Speak With a Florida Bankruptcy Lawyer
If you are facing overwhelming debt, creditor lawsuits, foreclosure pressure, business debt, or merchant cash advance obligations, you do not have to navigate the situation alone. Chapter 13 or Chapter 11 bankruptcy may offer a structured path to reorganize debt and protect what matters most.
Contact Lomba P.A. today to schedule a confidential consultation with a Florida bankruptcy lawyer.
Client testimonials
Frequently Asked Questions About Chapter 13 and Chapter 11 Bankruptcy in Florida
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Chapter 13 is generally used by individuals with regular income who want to repay debt through a three to five-year repayment plan. Chapter 11 is generally used for business reorganizations, although some individuals with complex or high-debt situations may also file Chapter 11.
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Chapter 13 may help some homeowners catch up on past-due mortgage payments through a repayment plan while maintaining ongoing mortgage payments. Whether it is appropriate depends on your income, arrears, property value, exemptions, and full financial situation.
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Chapter 13 is designed for individuals with regular income. Businesses such as corporations and partnerships generally use Chapter 11 when they need bankruptcy reorganization protection.
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No. While Chapter 11 is often associated with larger companies, it can also be used by small and mid-sized businesses, partnerships, corporations, and certain individuals with complex debt situations. The key issue is whether Chapter 11 is financially and legally practical for the debtor’s circumstances.
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Filing bankruptcy generally triggers the automatic stay, which can pause many collection actions. However, there are exceptions, and creditors may ask the bankruptcy court for permission to continue certain actions. A bankruptcy attorney can review which creditor actions may be affected in your case.
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A Chapter 13 repayment plan typically lasts three to five years. The exact length depends on income, debt structure, plan requirements, and court approval.
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Chapter 11 timelines vary widely. Some cases move relatively quickly, while others take longer due to creditor negotiations, business complexity, litigation, plan objections, or operational restructuring needs.
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Not necessarily. Bankruptcy law includes exemptions that may protect certain property. Florida law also provides exemptions that may apply depending on the facts of the case, including homestead and personal property protections.
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You should speak with a bankruptcy lawyer as soon as debt problems begin affecting your home, income, business operations, payroll, bank accounts, or ability to negotiate with creditors. Early legal guidance can help you avoid rushed decisions and preserve more options.
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Chapter 11 may be an option for businesses dealing with merchant cash advance debt, especially when aggressive collections or cash flow pressure threaten operations. The right strategy depends on the agreements, creditor conduct, business revenue, litigation risk, and the company’s ability to reorganize.
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