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.

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@attorneygoodwin.com. We will look at your full picture – income, assets, debts, and goals – and tell you honestly what your best path forward looks like.