Does filing Chapter 13 stop a foreclosure in Florida?

Yes, the automatic stay that comes with filing halts the foreclosure case and any scheduled sale, and the Chapter 13 plan gives a structured way to catch up missed payments.

What is the automatic stay and how long does it last?

It's a court order that goes into effect the moment a bankruptcy case is filed, stopping most collection and foreclosure activity. It generally stays in place for the life of the bankruptcy case unless a lender successfully asks the court to lift it.

Can I keep my house by filing Chapter 13?

That's the goal in most cases, since the plan lets homeowners repay missed mortgage payments over several years instead of losing the home immediately.

Do I need a bankruptcy attorney and a foreclosure attorney, or can one handle both?

Some attorneys handle both areas; others specialize in one and work alongside a colleague in the other. Either setup can work as long as the two cases are tracked together.

Using bankruptcy to stop a Jacksonville foreclosure

Bankruptcy is a separate legal track from a foreclosure defense case, filed in federal bankruptcy court rather than state court, but it's one of the fastest ways to halt a foreclosure because it triggers an automatic stay the moment the case is filed. That stay stops the sale, stops collection calls, and freezes the foreclosure lawsuit in place while the bankruptcy proceeds.

Chapter 7 is a liquidation filing that can buy time and, in some cases, wipe out other debt, but it doesn't create a mechanism to catch up mortgage arrears. Chapter 13 sets up a repayment plan, usually three to five years, that lets a homeowner cure the missed payments over time while keeping the house. Which one makes sense depends on income, other debts, and how far behind the mortgage is.

Some attorneys handle both bankruptcy and foreclosure defense; others focus on one and coordinate closely with a bankruptcy specialist. Either way, the two cases need to stay in sync, since the outcome in bankruptcy court directly affects what happens in the foreclosure case.

What it costs

Bankruptcy filings involve a court filing fee set by the federal court plus attorney fees that vary by chapter, with Chapter 13 typically costing more than Chapter 7 because of the ongoing plan administration. Ask whether the fee includes coordinating with the separate foreclosure case.

Top 3 by our score

Ranked from our published scoring of public Google reviews for foreclosure defense litigation.

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FAQ

Does filing Chapter 13 stop a foreclosure in Florida?: Yes, the automatic stay that comes with filing halts the foreclosure case and any scheduled sale, and the Chapter 13 plan gives a structured way to catch up missed payments.
What is the automatic stay and how long does it last?: It's a court order that goes into effect the moment a bankruptcy case is filed, stopping most collection and foreclosure activity. It generally stays in place for the life of the bankruptcy case unless a lender successfully asks the court to lift it.
Can I keep my house by filing Chapter 13?: That's the goal in most cases, since the plan lets homeowners repay missed mortgage payments over several years instead of losing the home immediately.
Do I need a bankruptcy attorney and a foreclosure attorney, or can one handle both?: Some attorneys handle both areas; others specialize in one and work alongside a colleague in the other. Either setup can work as long as the two cases are tracked together.