Schedule a confidential consultation with a Melbourne Chapter 13 bankruptcy lawyer trusted by Brevard County clients since 1999.
If your wages are being garnished or you’re facing foreclosure in Melbourne, FL, Chapter 13 bankruptcy can stop those actions and give you a structured way to catch up on what you owe. Filing creates an automatic stay that halts most collection activity while you work through a court-approved repayment plan. Our Melbourne, FL Chapter 13 Bankruptcy Lawyer handles every step of the case, from means testing through plan confirmation and discharge. The Law Offices of Arcadier, Biggie & Wood have served Brevard County since 1999, with more than 75 years of combined legal experience. Schedule a free consultation to discuss your situation.
Chapter 13 Bankruptcy Lawyer Melbourne, FL
Chapter 13 is a form of personal bankruptcy designed for people with regular income who are behind on debt but can pay something back if given time and structure. The debtor proposes a court-supervised repayment plan that runs three to five years. Monthly payments go to a trustee, who distributes the funds to creditors.
People typically choose Chapter 13 over Chapter 7 to keep something: a house behind on mortgage payments, a car at risk of repossession, or non-exempt property a Chapter 7 trustee would otherwise sell. Chapter 13 also helps individuals who earn too much to qualify for Chapter 7 still get debt relief, and it stops most creditor action from the moment the case is filed.
Types of Chapter 13 Bankruptcy Cases We Handle in Melbourne
Chapter 13 cases follow a defined sequence: petition, schedules, means test, proposed plan, 341 meeting, confirmation, plan payments, and discharge. The work of putting together a plan that actually gets confirmed is where Chapter 13 representation makes a real difference. Here is what our firm typically does for Chapter 13 clients across Melbourne, FL and Brevard County.
- Means testing and eligibility. Whether you qualify for Chapter 13 depends on income, regular cash flow, and the size of your debts. We run the calculations, confirm your debts fall within the statutory ceilings, and explain whether another chapter might serve you better.
- Plan preparation and confirmation. A Chapter 13 plan has to balance what creditors are entitled to receive with what the debtor can realistically pay. We draft the plan, address treatment of secured and unsecured debt, and represent the debtor at the confirmation hearing.
- 341 meetings. Every Chapter 13 case includes a meeting where the trustee and creditors can ask the debtor questions under oath. We prepare clients beforehand so the meeting is brief and uneventful.
- Exemption planning. Florida exemptions affect what property is protected and what creditors receive through the plan. Careful pre-filing planning can change the math significantly.
- Mortgage cure and stopping foreclosure. Chapter 13 lets debtors cure mortgage arrears through the plan while staying current on ongoing payments. For clients facing foreclosure, this is often the entire reason for filing.
- Lien stripping and cramdown. Wholly unsecured junior mortgages may be stripped, and certain non-residential secured debts can be reduced to the value of the collateral. Both require careful evidence and the right procedural steps.
- Debt restructuring. Individuals whose income disqualifies them from Chapter 7 can still get relief through Chapter 13 by paying disposable income into the plan for the full commitment period.
- Student loan debt. Most student loans are not dischargeable, but a plan can manage their treatment alongside other obligations and pause collection during the case.
- Discharging debt. When plan payments are complete, qualifying unsecured debt is discharged. We walk debtors through what is required to receive the discharge.
Why Choose Law Offices of Arcadier, Biggie & Wood for Chapter 13 Bankruptcy in Melbourne, FL?
Bankruptcy Experience Centered in the Middle District of Florida
At the Law Offices of Arcadier, Biggie & Wood, Chapter 13 cases are typically overseen by partner Stephen J. Biggie. Bankruptcy has been at the center of his practice in Florida since 2010, and his case work has involved means testing, property disputes in bankruptcy court, and complex confirmations. Mr. Biggie is admitted before the U.S. District Court for the Middle District of Florida and the U.S. Court of Appeals for the Eleventh Circuit, which means he can represent debtors not just in the initial filing but in any adversary proceeding or appeal that follows. His undergraduate work was at the University of Buffalo, where he earned a B.A. in 2007, and he received his J.D. from Barry University School of Law in 2010.
A Bankruptcy Practice Built for Brevard County
Since opening in 1999, the Law Offices of Arcadier, Biggie & Wood has built a practice as a bankruptcy lawyer in Melbourne, FL grounded in federal and state courts across the Space Coast. The firm carries more than 75 years of combined legal experience and provides free initial consultations for bankruptcy matters. Because we handle every major bankruptcy chapter, including Chapter 7, Chapter 11, and Chapter 13, we can talk honestly about which option fits your situation rather than steering you toward a single filing.
Understanding Chapter 13 Cases
Chapter 13 Eligibility, Plan Structure, and the Repayment Period
A Chapter 13 case stands on a relatively short list of structural elements. Knowing how they fit together makes the rest of the process easier to follow.
- Eligibility. Chapter 13 is for individuals with regular income whose unsecured and secured debts fall within statutory ceilings. Self-employed individuals and small business owners can file as long as the debt limits are met.
- The means test. While the means test is most associated with Chapter 7, Chapter 13 also uses current monthly income to set the commitment period and to calculate disposable income.
- The repayment plan. The debtor proposes a plan that runs three or five years depending on income relative to the state median. Plans must pay priority debts in full, treat secured debts according to specific rules, and devote any “disposable income” to unsecured creditors.
- The trustee’s role. A standing Chapter 13 trustee receives monthly payments from the debtor and distributes the funds to creditors. The trustee also reviews the plan, attends the 341 meeting, and can object to confirmation.
- Discharge. Completing the plan results in a discharge of qualifying remaining debt. Certain debts, including most student loans, recent taxes, child support, and alimony, are not discharged.
What Are Important Aspects of a Chapter 13 Case?
Honest, complete disclosure drives Chapter 13 cases. The schedules and statement of financial affairs require detailed information about income, expenses, assets, debts, and recent transactions. Inaccurate or incomplete filings can lead to dismissal, denial of discharge, or worse. Our focus areas include:
- Full and honest disclosure. Every asset, every creditor, every transfer in the relevant lookback period.
- Plan feasibility. The court will not confirm a plan the debtor cannot actually pay. We build plans against real budgets.
- Treatment of priority and secured debt. Recent tax obligations, child support, and mortgage arrears each have specific rules.
- Staying current on post-petition obligations. Falling behind on mortgage or car payments during the case can lead to relief from the automatic stay.
What Is the Chapter 13 Case Timeline?
Chapter 13 cases unfold on a relatively predictable schedule, though individual cases vary with creditor objections, plan amendments, and court calendars.
- Pre-filing. Credit counseling from an approved agency within the 180 days before filing.
- Petition and schedules. Filed with the court to start the case and trigger the automatic stay.
- 341 meeting. Typically held 21 to 50 days after filing, conducted virtually in most cases.
- Confirmation hearing. Generally within 45 days after the 341 meeting, though contested plans can take longer.
- Plan payments. Three to five years of monthly payments to the trustee.
- Discharge. Granted after plan completion and a financial management course.
What Should You Bring to Your Chapter 13 Consultation?
The first meeting is for evaluating whether Chapter 13 fits your situation, what other options might work, and what a realistic plan would look like. Bringing the right documents helps that conversation move quickly.
- The two most recent years of federal tax returns.
- Pay stubs or income documentation from the last six months.
- A list of all creditors with approximate balances.
- Mortgage statements, vehicle loan documents, and any recent foreclosure or repossession notices.
- A list of assets, including real estate, vehicles, and significant personal property.
- Recent bank statements.
Bring questions about debt you are unsure can be included, recent transactions, or income that does not show up on a W-2.
What Are Important Legal Resources for Chapter 13 Bankruptcy Cases in Florida?
Bankruptcy is governed by federal law, so the most authoritative resources come from the federal courts and the U.S. Department of Justice rather than Florida state agencies. The list below offers a starting point for understanding how Chapter 13 works and where to find primary materials.
- The U.S. Courts’ Chapter 13 Bankruptcy Basics page covers eligibility, plan structure, and the discharge process in plain language.
- The U.S. Courts’ Discharge in Bankruptcy page explains what debts are and are not discharged.
- The Process page walks through what happens at each stage of a bankruptcy case.
- The U.S. Bankruptcy Court for the Middle District of Florida’s Orlando Division handles cases for Brevard County debtors.
- The Counties page confirms divisional assignments for the Middle District of Florida.
- The U.S. Trustee office in Orlando oversees case administration for the Orlando and Jacksonville Divisions.
Reach Out to the Law Offices of Arcadier, Biggie & Wood to Schedule a Consultation
Filing a Chapter 13 case earlier in a debt crisis usually preserves more options than waiting. Contact us to schedule a free initial consultation. Most appointments can be set within a few business days, and we will walk through your debt picture and explain whether Chapter 13 is the right fit.