Bankruptcy FAQ

Frequently asked questions about filing for bankruptcy
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Helpful Questions And Answers About Florida Bankruptcy

As the founder of the Law Offices of Michael H. Johnson, P.A., and a Florida bankruptcy attorney since 1998, I have helped hundreds, if not thousands, of people get out of debt and start fresh. I know that the process can be intimidating and that you have questions.



Here are some of the most common questions I’ve answered over the decades. If you don’t see the question or answer you need here, I can provide the answer or information you need in a free consultation. Call 954-535-1131 to speak directly with me.

  • What should I look for in a bankruptcy attorney?

    You want someone whom you trust to look out for your best interests. To do this, your attorney needs to be honest. Your attorney needs to offer straightforward advice and guidance. In order to best serve you, your attorney should know the law and the options available and be able to find innovative and creative solutions to your issues. This requires experience.

  • Can you keep your car in bankruptcy? Can you keep your house?

    In most cases, yes. Some people erroneously believe that filing for bankruptcy is a failure or a punishment. This could not be further from the truth. The actual purpose of filing for bankruptcy is to “keep you in the game” and make it easier for you to gain financial stability.

    To continue to earn an income, for example, you will need a car to get to work and a house to live in. You may need to sell many of your belongings (if you file for Chapter 7), but you may be able to keep a car for transportation purposes. In Chapter 13 bankruptcy, it is very unlikely that you would need to sell any of your possessions since Chapter 13 is a way to pay back what you owe at a slower pace.

  • How do I qualify for bankruptcy?

    It depends on your situation. To qualify for chapter 7 bankruptcy, you will need to pass the means test, which establishes whether you have the means to pay off your debts. If you do have the means, you may qualify for chapter 13 bankruptcy, which includes a payment plan for paying off your debt. If you do not have the means, you will likely need to file for chapter 7 bankruptcy. The Law Offices of Michael H. Johnson, P.A. can help you determine if bankruptcy is a good fit for you.

  • What should I do if a creditor contacts me after I have filed for bankruptcy?

    This should not happen, because right after you file, an automatic stay goes into effect. If you are still getting calls after filing, the best thing to do is contact your attorney. It is illegal for creditors to harass debtors, and your attorney can take immediate action to stop it.

  • Who will be my bankruptcy trustee?

    The trustee is appointed by the court and is either an employee of the Department of Justice or a private trustee. The job of a bankruptcy trustee is to evaluate debtor demands and make recommendations based on the U.S. Bankruptcy Code. A trustee has to act under the authority of a bankruptcy judge and cannot take action without the court’s approval.

  • Ready To Take Control Of Your Finances?

    When you are ready to find out more and take the next step toward debt relief, call to set up a free consultation. I will answer your questions and explain how bankruptcy works and if and how it can help you.Call me or you can also connect with me by sending an inquiry email to me at the firm with this link. I work with people throughout South Florida.