Struggling with overwhelming credit card debt, medical bills, or other unsecured debts in the Tampa Bay area? Chapter 7 bankruptcy may offer the fastest and most complete debt relief available. At the Gina Rosato Law Firm, P.A., experienced Tampa Chapter 7 bankruptcy attorney Gina Rosato helps individuals and families eliminate crushing debt and regain financial freedom.
What Is Chapter 7 Bankruptcy?
Chapter 7, often called “straight liquidation” or “fresh start” bankruptcy, allows eligible individuals to discharge (wipe out) most unsecured debts. This includes:
Credit card debt
Medical bills
Personal loans
Old utility bills
Certain judgments and tax debts (in some cases)
In exchange, a court-appointed trustee may sell non-exempt assets to pay creditors. However, thanks to Florida’s generous bankruptcy exemptions, most people keep all or nearly all of their property — including homes, cars, household goods, and retirement accounts.
Do You Qualify for Chapter 7 Bankruptcy in Florida?
To file Chapter 7, you must pass the Means Test. Here’s how it works:
Median Income Test — Compare your average household income over the past 6 months to Florida’s median income for your household size.
If your income is below the median → You usually qualify.
If your income is above the median → You may still qualify after deducting allowed expenses (the full Means Test).
Other requirements include:
Completing a credit counseling course before filing
Not having received a Chapter 7 discharge in the last 8 years
Passing the residency requirements (lived in Florida for the required period)
Attorney Gina Rosato provides free consultations to determine your eligibility quickly.
The Chapter 7 Bankruptcy Process in Tampa (Step-by-Step)
Free Consultation — Meet with Gina Rosato to review your debts, income, and goals.
Credit Counseling — Complete an approved online or phone course (usually 1–2 hours).
Gather Documents — Income records, tax returns, bills, bank statements, etc.
File the Petition — Your attorney files with the U.S. Bankruptcy Court (Middle District of Florida).
Automatic Stay — Creditors must immediately stop all collection calls, lawsuits, wage garnishments, and foreclosure actions.
341 Meeting of Creditors — A short meeting (usually 5–10 minutes) with the trustee about 30 days after filing.
Financial Management Course — Complete a second short debtor education course.
Discharge — Most cases receive a discharge order in 4–6 months, wiping out qualifying debts.
What Assets Can You Keep in Florida Chapter 7?
Florida offers strong protections:
Homestead exemption (unlimited equity in your primary residence, with acreage limits)
Motor vehicle exemption
Personal property and household goods
Retirement accounts (401k, IRA, pensions)
Wages and bank accounts (certain amounts)
In the vast majority of cases filed in Tampa, clients experience “no-asset” bankruptcies and keep everything they own.
Common Questions About Chapter 7 in Tampa
Will I lose my house or car? Usually not. As long as you’re current on payments or can reaffirm the debt, you can keep secured property.
Does Chapter 7 hurt my credit? It stays on your credit report for up to 10 years, but most clients see their scores improve within 1–2 years as they rebuild responsibly.
How much does it cost? Attorney fees and filing fees ($338 court fee) are very affordable, especially compared to years of minimum payments. Payment plans are often available.
Why Choose Gina Rosato Law Firm for Chapter 7 Bankruptcy?
Local Tampa Expertise — Serving Tampa, Wesley Chapel, St. Petersburg, and all of Hillsborough County.
Compassionate & Straightforward — Clear guidance without pressure.
Full-Service Support — Handles everything from filing to discharge.
Proven Track Record — Helping clients stop creditor harassment and achieve true financial relief.
Free Initial Consultation — Talk directly with attorney Gina Rosato.
Take the First Step Toward Debt Freedom Today
If you’re drowning in debt and want a fresh start, Chapter 7 bankruptcy could be the solution. Don’t wait until garnishments, lawsuits, or foreclosure make the situation worse.
📞 Call (813) 463-8000 for your free confidential consultation today. 📍 Main Office: 3335 W Bearss Avenue, Tampa, FL 33618
Gina Rosato Law Firm, P.A. — Your trusted Tampa Chapter 7 Bankruptcy Attorney.
Financial difficulties affect many families across Tampa Bay. Whether caused by medical bills, job loss, divorce, or rising living costs, overwhelming debt can feel impossible to escape. If you’re struggling with creditor calls, fear of foreclosure, or mounting stress, bankruptcy may provide the fresh start you need.
As an experienced Tampa bankruptcy attorney, Gina Rosato has helped hundreds of clients in Hillsborough and Pinellas Counties successfully file Chapter 7 and Chapter 13 bankruptcy. This guide explains your options in clear, straightforward terms.
Common Signs That Bankruptcy May Be the Right Solution
You might benefit from filing if you experience any of these:
Credit card balances and medical bills that never seem to decrease
Persistent collection calls and harassment from creditors
Wage garnishment or bank account levies
Threat of foreclosure on your home
Using retirement savings or payday loans to pay basic bills
Difficulty affording groceries, rent, or necessary medical care
High anxiety affecting your health and family life
If these situations sound familiar, you’re not alone — and help is available under U.S. bankruptcy law.
Chapter 7 vs Chapter 13 Bankruptcy in Florida
Florida offers two main types of personal bankruptcy. Understanding the differences is the first step toward choosing the best path.
Chapter 7 Bankruptcy (Fresh Start)
Ideal for individuals with lower income and mostly unsecured debts (credit cards, medical bills, personal loans)
Most debts are eliminated in as little as 4–6 months
Allows you to keep exempt property under Florida’s generous protections
Requires passing the Means Test (income below Florida median or meeting specific conditions)
Best for: People who want the fastest possible fresh start.
Chapter 13 Bankruptcy (Repayment Plan)
Designed for individuals with steady income who want to keep their home or car
Involves a 3–5 year court-approved repayment plan
Stops foreclosure and allows you to catch up on missed mortgage or car payments
Can include second mortgage stripping in many cases
Best for: Homeowners facing foreclosure or those with non-dischargeable debts.
Florida Bankruptcy Exemptions: What Can You Keep?
Florida has some of the strongest asset protections in the nation:
Homestead Exemption: Unlimited equity in your primary home (on up to ½ acre in the city or 160 acres rural)
Vehicle Exemption: Up to $5,000 in equity in one motor vehicle
Personal Property: Household goods, furniture, clothing, and appliances
Wildcard Exemption: Additional protection for other assets
Retirement accounts, pensions, and certain insurance proceeds are typically fully protected
A skilled Tampa bankruptcy lawyer can help you maximize these exemptions and protect what matters most to your family.
Foreclosure Defense: Options to save your home or pursue a deed-in-lieu
Debt Relief: Discharge of most unsecured debts
Fresh Start: Opportunity to rebuild your finances on solid ground
What Debts Can Be Discharged?
Generally Discharged:
Credit cards
Medical bills
Personal loans
Old utility bills
Deficiency balances after repossession
Not Discharged:
Child support and alimony
Most recent tax debts
Student loans (in most cases)
Debts incurred through fraud
How Long Will Bankruptcy Affect Your Credit?
Chapter 7 stays on your credit report for up to 10 years
Chapter 13 stays for up to 7 years
Most clients begin rebuilding credit within months by obtaining secured credit cards and paying bills on time. Many qualify for auto loans or mortgages faster than expected.
Why Choose Gina Rosato Law Firm for Your Bankruptcy Case?
Attorney Gina Rosato brings over 20 years of legal experience, including prior work as in-house counsel for corporations and litigation firms. She limits her caseload to provide personalized attention to every client in the Middle District of Florida.
Clients appreciate her straightforward advice, compassionate approach, and strong track record helping Tampa Bay residents through difficult financial times.
Take the First Step Toward Financial Freedom
Don’t wait until the stress becomes overwhelming. A simple consultation can clarify your options and give you peace of mind.
Call (813) 463-8000 today for a free phone consultation with no obligation.
Main Office 3335 W Bearss Avenue, Tampa, FL 33618
We serve clients throughout Tampa, Wesley Chapel, St. Petersburg, Hillsborough County, Pinellas County, and surrounding areas.
There are several reasons that a potential client might consider a Chapter 13 verses a Chapter 7 even if they are eligible to file a Chapter 7 bankruptcy case.
A Chapter 13 bankruptcy allows you to restructure your debt such as paying back mortgage arrears. For example, if you are $50,000 in arrears in your mortgage you can spread that payment over 60 months to repay in a Chapter 13 plan. A Chapter 13 bankruptcy might also potentially lower a car payment by lengthening the payment terms or lowering your interest rate.
A Chapter 13 bankruptcy also allows certain debts to be discharged which are not dischargeable in a Chapter 7 bankruptcy such a property settlement /division of asset award in a divorce case. This is distinguishable from alimony and child support awards which are not dischargeable in either bankruptcy Chapter. A divorce attorney fee award is also not dischargeable in either Chapter of bankruptcy if the attorney secured an alimony or child support award.
Another debt that is dischargeable in a Chapter 13 and not a Chapter 7 is “willful and malicious injury to property” such a criminal mischief. This is also distinguishable from damage caused by driving under the influence which is not dischargeable in either a Chapter 7 or a Chapter 13 bankruptcy. If you have any questions about whether a particular debt is dischargeable it is best to consult with a bankruptcy attorney for guidance.
You must list your personal injury case as a potential asset for the bankruptcy trustee.
In a Chapter 7, the trustee can collect 100% of what a debtor gets from their personal injury settlement. This applies to any dates of accident that occurred prior to filing the bankruptcy petition where the statute of limitations has not expired.
If you have already hired a lawyer to represent you in your personal injury case, you would want to ask them how much you might expect to receive from the personal injury case and how long will it take for it to settle or go to trial. You might decide to either wait until your personal injury case settles and use it for reasonable expenses before filing your bankruptcy case so the trustee cannot take it.
Alternatively, you might decide to not wait and file your bankruptcy case and forgo your settlement proceeds. It works a little differently in a Chapter 13. The trustee in a Chapter 13 case is entitled to at least 50% of your settlement proceeds whether your accident happened before you filed your case or while your case is pending.
Usually, the Chapter 13 trustees will agree to let the debtor keep 50% of the net proceeds of the case, where the Chapter 7 trustee’s will take 100% of the proceeds. When you consult with your bankruptcy attorney definitely let them know about your personal injury case. You wouldn’t want to file the case and then unexpectedly have the trustee take your money. Also, communicating with your personal injury attorney is also critical.
Let’s say you file your bankruptcy case in August 2023, the trustee can keep you case open until April 2024 to potentially intercept your tax refund (if you do not have exemptions that can cover it).
The trustee cannot take “earned income credit” which is a tax credit given to people who meet certain criteria for their dependents. There is also a formula for how much the trustee is allowed to keep which depends on the date your case gets filed. If you file July 1st then the trustee would only be entitled to 50% of your refund less EIC. For this reason, the trustee will usually only keep cases open to get tax refunds if its later in the year vs. in January when they would barely be recovering anything.
If you have enough exemptions left, we can also exempt your tax refund for the following year. Sometimes we suggest getting your property or car appraised, since it might allow you some extra money to put towards your exemption for the tax refund.
If you are in a Chapter 13, it is required to supply your tax return each year to the trustee and turn over your tax refund. However, if you do need your tax refund to pay for a necessary item such as a medical procedure, tires, house repairs, etc. we can ask the trustee for permission to retain your refund. As long as, you provide supporting documentation, the trustee will normally allow you to keep your tax refund.
The short answer is yes, it can. You are obligated to disclose the last twelve months of profits and losses from gambling on your bankruptcy petition. If you do receive winnings and it’s listed on your tax return as income, that also needs to be shown on the bankruptcy petition for the last two years. Gambling can affect your ability to file for bankruptcy.
The first issue is whether you have taken out credit lines or personal loans for the purpose of gambling. This is a good faith issue in terms of whether you intended to repay your creditors or if you were purposely going to default. The objective of borrowing money hoping you would make more gambling will not be a valid excuse. Similarly, having a gambling addiction would not be a valid excuse either.
The trustee’s perspective is that if you have $12,000 a year spent on gambling that is $1,000 per month that you should have used to pay your unsecured creditors. The case law also supports this as well. A Chapter 13 might be an option if you have gambled since you are trying to pay creditors back to some extent. Otherwise, depending on the amount you gambled you might have to wait a year of no gambling to file your Chapter 7 bankruptcy case.
If it’s minimal like a few hundred dollars that is less of a concern. However, if you plan to file for bankruptcy, abstain from any type of gambling so you do not compromise your case.
