If you’re overwhelmed by mounting debt, medical bills, job loss, or creditor harassment, you’re not alone. Many hardworking people in Tampa and throughout the Tampa Bay area face financial challenges that feel impossible to overcome. Filing bankruptcy can provide the fresh start you deserve — and it’s often a smarter, more responsible choice than continuing to struggle.
At The Gina Rosato Law Firm, P.A., we’ve helped hundreds of clients navigate bankruptcy with compassion, clarity, and proven results. With nearly 30 years of experience and a limited caseload for personalized attention, Attorney Gina Rosato is here to guide you every step of the way.
When Should You Consider Filing Bankruptcy?
Common signs it may be time to explore bankruptcy include:
Constant stress from creditor calls and collection letters
Falling behind on mortgage, car payments, or credit card minimums
Medical debt or lawsuits that threaten your financial stability
Inability to make ends meet despite your best efforts
Bankruptcy is a legal tool provided by the U.S. Bankruptcy Code to give honest people relief and a path forward — not a sign of failure.
Chapter 7 vs Chapter 13 Bankruptcy: Which One Is Right for You?
Most individuals in Florida file either Chapter 7 or Chapter 13 bankruptcy. Here’s a clear breakdown:
Chapter 7 Bankruptcy (Liquidation / Fresh Start)
Best for: People with lower income and mostly unsecured debts (credit cards, medical bills, personal loans).
How it works: Most unsecured debts are discharged (eliminated). The process is typically completed in 4–6 months.
Benefits: Quick relief, stop creditor harassment immediately, and a true fresh financial start.
Eligibility: You must pass the Chapter 7 Means Test (comparing your income to Florida medians). Most of our clients qualify.
Ideal if you want the fastest path to debt freedom and don’t have significant non-exempt assets you want to protect.
Chapter 13 Bankruptcy (Repayment Plan)
Best for: Individuals with regular income who want to catch up on mortgage or car payments, or who have too much income to qualify for Chapter 7.
How it works: You propose a 3–5 year repayment plan to pay back some or all debts while keeping your home, car, and other important assets.
Benefits: Stops foreclosure, allows you to keep property, and can help with certain tax debts or other obligations.
Ideal if you’re behind on secured debts or need time to reorganize your finances while protecting what matters most.
The Bankruptcy Process in Tampa (Middle District of Florida)
Free Consultation — We review your full financial picture and recommend the best option.
Credit Counseling — Complete a short approved counseling course (online).
Filing the Petition — We prepare and file all required documents with the court.
341 Meeting — A short meeting with the bankruptcy trustee (usually straightforward with proper preparation).
Discharge — Debts are eliminated (Chapter 7) or your repayment plan is completed (Chapter 13).
We handle everything so you can focus on moving forward with less stress.
Common Concerns Addressed
Will I lose everything? No. Florida has generous bankruptcy exemptions that often allow you to keep your home, car, retirement accounts, and personal belongings.
Will it hurt my credit? Bankruptcy does appear on your credit report, but many clients see their scores improve within 12–24 months as they rebuild responsibly. The relief from debt often makes rebuilding easier.
Can I keep my house or car? In many cases — yes. Especially with Chapter 13.
Why Choose The Gina Rosato Law Firm for Bankruptcy?
Nearly 30 years of legal experience
Licensed in Florida and the Middle District of Florida Bankruptcy Court
Personalized service with a limited caseload
Compassionate, non-judgmental approach during a difficult time
Proven track record helping Tampa Bay clients get relief
“Bankruptcy is a very personal and difficult decision… Thank you for letting me breathe again.” — Actual Client Testimonial
Take the First Step Toward Financial Freedom
Filing bankruptcy is not the end — it’s a new beginning. If you’re in Tampa, Brandon, Riverview, Apollo Beach, or anywhere in the Tampa Bay area, contact us today for a free phone consultation.
Call (813) 463-8000 now to speak directly with our team and learn your options.
Attorney Gina Rosato and her dedicated staff are here to help you regain control of your finances with dignity and respect.
Financial stress affects thousands of Tampa Bay families every year. Whether it’s overwhelming medical bills, job loss, creditor harassment, or the threat of foreclosure, the burden can feel crushing. If you’re struggling with debt in Tampa, Wesley Chapel, St. Petersburg, or surrounding areas, a Tampa bankruptcy attorney like Gina Rosato can help you explore real solutions for a fresh financial start.
At The Gina Rosato Law Firm, P.A., we provide compassionate, experienced representation in Chapter 7 and Chapter 13 bankruptcy, personal injury, and foreclosure defense.
Understanding Your Bankruptcy Options in Florida
Chapter 7 Bankruptcy (Liquidation)
Eliminates most unsecured debts (credit cards, medical bills, personal loans).
Typically completes in 4–6 months.
Ideal if you qualify under the Florida Means Test and want the fastest fresh start.
Many clients keep their home, car, and essential belongings through Florida exemptions.
Chapter 13 Bankruptcy (Reorganization)
Allows you to keep your home and vehicle while catching up on missed payments.
3–5 year repayment plan for manageable monthly payments.
Excellent for stopping foreclosure and restructuring debts.
5 Powerful Reasons Tampa Residents File Bankruptcy
Stop Creditor Harassment — The automatic stay immediately halts collection calls, lawsuits, and wage garnishments.
Prevent or Stop Foreclosure — Protect your home with Chapter 13 or explore deed-in-lieu options.
Discharge Overwhelming Debt — Gain relief from medical bills, credit cards, and other unsecured debt.
Rebuild Your Financial Future — Most clients begin rebuilding credit within months.
Personalized Guidance — Gina Rosato limits her caseload to provide the attention every client deserves.
Why Choose Gina Rosato as Your Tampa Bankruptcy Attorney?
Nearly 30 years of legal experience, including corporate and litigation background.
Licensed in Florida and the Middle District of Florida Bankruptcy Court.
Personalized service with free phone consultations.
Proven track record helping hundreds of Tampa Bay clients.
Compassionate approach during difficult times.
“The attorney you choose will affect the outcome of your case. I limit my caseload so I can give every client the time, attention, and care they deserve.” — Gina Rosato
Also Serving Personal Injury Clients in Tampa
In addition to bankruptcy, The Gina Rosato Law Firm handles:
Car Accidents
Slip and Fall Accidents
Traumatic Brain Injury
Serious Injury Claims
We work on a contingency fee basis — no upfront costs.
Frequently Asked Questions
Will I lose my house or car? In most cases, no. Florida exemptions and strategic filing can protect your assets.
How long does bankruptcy stay on my credit? Chapter 7: up to 10 years. Chapter 13: up to 7 years. Many clients see credit improvement much sooner.
How do I get started? Call (813) 463-8000 for a free phone consultation. We’ll review your situation and recommend the best path forward.
Take the First Step Toward Financial Freedom
Don’t let debt control your life any longer. Whether you need immediate relief from creditors or long-term debt restructuring, experienced Tampa bankruptcy attorney Gina Rosato is here to help.
Contact The Gina Rosato Law Firm today for your free consultation.
Phone: (813) 463-8000
Office: 3335 W Bearss Avenue, Tampa, FL 33618
Service Areas: Tampa • Wesley Chapel • St. Petersburg • Hillsborough County • Pinellas County • and throughout Tampa Bay
Tags: Tampa Bankruptcy Attorney, Chapter 7 Bankruptcy Tampa, Chapter 13 Lawyer Florida, Stop Foreclosure Tampa, Gina Rosato Law Firm, Personal Injury Attorney Tampa
Bankruptcy is a powerful tool for a fresh start. Let us help you navigate the process with confidence and care.
1) Use credit cards, open new credit lines, or take out cash advances. This could be viewed as a bad faith filing if you take out a large credit line then file for bankruptcy within a few months. The reason is because it appears that the money was taken out without the intention to repay the debt. This could result in the debt potentially not getting discharged. Cash advances taken out and not repaid 90 days prior to filing your bankruptcy case would likely have to be repaid.
2) Give any gifts over $500. If this happens, expect to have to repay the trustee the equal amount of the gift. So, you give your mom a $1,000 birthday gift, you or your mom will be repaying the trustee $1,000.
3) Repay any family members or friends. Same scenario, you’ll have to repay the trustee whatever repayment you have made to friends or family members (insiders) in the last 12 months.
4) Make more than a regularly monthly payment on your car, rent or mortgage. This is considered a preferential payment.
5) Take out large cash withdrawals out of your bank account. The trustee could ask for receipts for these withdrawals to see how the money was spent. It’s much better to deposit funds and use a debit/check to track how the money was spent.
6) Gamble. There are a few potential problems associated with gambling. First, if your spending $500 a month gambling, that money could be used to pay your creditors. Second, if you are incurring debt and taking out credit lines for the purpose of gambling that is also problematic.
7) Sell, transfer, borrow against, or dispose of any property. You do not want to convert assets that would be exempt to a non-exempt asset, or you’ll potentially need to pay the trustee.
8) Purchase new assets. If you purchase an asset, it might not be covered by the bankruptcy exemptions. If that happens you would need to pay the trustee or surrender your personal property. It’s critical to get legal advice, prior to selling or purchasing any property (personal property, real property, or vehicles) prior to filing.
9) Spend money on unreasonable expenses such as vacations or luxury items. Your bank statements are produced so it’s evident when and where money is taken out and spent. Any luxury items can also be viewed as a bad faith filing if you are spending frivolously instead of paying your creditors.
10) Get married. You can get married, but if you do, your spouse’s income gets counted towards the means test and could put you into a Chapter 13. If you’re in the middle of a divorce or getting married, definitely discuss the potential ramifications with your lawyer.
If you sell your homestead prior to filing your bankruptcy case, the trustee can look to see how that money was spent.
For example if two years ago you received $50,000 from proceeds from the sale of your house, how was that money spent?
Did you use the money on reasonable expenses? Did you pay back your creditors? Did you spend it frivolously? Did you incur debt at the same time or after receiving that money? Your case filing has to be in good faith where you didn’t incur debt with the intention of filing for bankruptcy.
You have to make an effort to pay off the debt but genuinely be unable to do so. Taking that example, if you took that $50,000 and gifted it to a family member the trustee could go after your family members for repayment of the $50,000 and use that money to pay your creditors.
If you took a vacation or spent the money frivolously instead of paying your creditors, the trustee would argue that you did not file the case in good faith and you would need to repay that money to the trustee. Generally, it’s better not to transfer property just prior to filing your bankruptcy case. Make sure any profits are accounted for from the sale. Keep receipts.
If there is a divorce order requiring that the property be sold, that is fine, but the money would still need to be accounted for. If you split the homestead profits with an ex, we would need to look too see if that person was also on the deed to the property and determine if they were entitled to 50% of the equity. If they have a 50% interest in the property but you give them 100% of the home sale proceeds without a divorce order that could be construed as a gift. The trustee could reverse the sale or go after your ex-spouse to receive your portion of the sale proceeds to pay your creditors.
If you are considering selling your home its best to wait until your bankruptcy case is concluded or you can potentially waive your homestead exemption by putting your property on the MLS or under contract. If you bankruptcy case is pending, you would need the court’s permission to sell the property. The trustee or any creditors could potentially object to you using the homestead exemption. Before deciding to transfer any property its always best to consult with your attorney prior to doing so.
A common question clients ask is whether they can sell or trade in their vehicle prior to filing bankruptcy. If using the Florida exemptions your allowed to have $1,000 in equity in your car. If you rent then you would have another $4,000 in exemptions to use on a car or you other personal property. For example, if the loan payoff on your car is $15,000 and the value of your car is $20,000, you would have $5,000 in equity in your vehicle. If you rent, you would owe nothing to the trustee (we could exempt all of the equity in the vehicle).
If you owned a home you would owe $4,000 to the trustee to keep your vehicle. People often ask why they would have to pay the trustee for a car that is paid off. The exemption amounts are a protection against people spending all of their money to accumulate assets then paying nothing back to their creditors when they file for bankruptcy.
The trustee will use Kelly blue book, private party value. We generally recommend obtaining a certified appraisal if you are over the exemption amount since Kelly blue book doesn’t account for a variety of factors such as the actual condition of the vehicle, mechanical issues or whether the vehicle has ever been involved in an accident. Many times once the vehicle is evaluated by an appraiser particularly if it’s an older vehicle with high mileage, the value will often be less than the Kelly blue book value.
If you trade in your car prior to filing bankruptcy you run the risk of having to pay back that amount to the trustee. For example if you received a $6,000 credit for trading in your current vehicle for a new one, the trustee could say you converted a non-exempt asset into an exempt asset so that amount of money would have to be paid to the trustee. All transfers of either personal property including cars or homes have a two year disclosure period. Under most circumstances, unless there is a reason to get rid of the vehicle, such as an immediate emergency mechanical issue, its best to just have your vehicle appraised and not sell it until your case is concluded to avoid such issues.
