If you’re feeling buried by credit card balances, medical bills, or payday loans, you’re not alone—and you’re not out of options. Bankruptcy can sound scary, but for many folks in Florida, it’s actually a chance to breathe again. It won’t wipe out every kind of debt, but it can clear away a lot of the stuff that’s keeping you up at night. Knowing what kinds of debts can be discharged in a Florida bankruptcy might help you figure out your next steps—and maybe even give you a little hope that things can get better.
Many people in Palm Harbor and Trinity, FL come to us feeling buried in debt without a clear path forward. Working with a trusted Florida bankruptcy attorney can help you find real solutions when everything feels uncertain.
What It Means to Discharge a Debt in Bankruptcy
A bankruptcy discharge means you are no longer legally required to repay specific debts. Once discharged, creditors can’t try to collect the money owed. So no more letters, phone calls, lawsuits, or wage garnishment.
This discharge happens at the end of your bankruptcy case, depending on the Chapter you filed under. For example, Chapter 7 bankruptcy typically results in a discharge 3 to 6 months after filing. In Chapter 13, it’s granted after you complete the repayment plan, usually 3 to 5 years later.
Only debts included in your bankruptcy petition and approved by the court are eligible for discharge.
Why the Type of Debt You Owe Matters
Not all debt is treated the same in bankruptcy. The two basic categories are:
- Unsecured debt: Not tied to property, like credit card debt or medical bills.
- Secured debt: secured by collateral like your car or home.
Some types of unsecured debt—like child support or recent tax bills—are considered “priority” debts, which basically means the law treats them as more important. Because of that, they usually can’t be wiped out in bankruptcy, even under Chapter 13.
Typically Dischargeable Debts in Florida Bankruptcy
In many bankruptcy cases, unsecured debts are the easiest to discharge. Common examples include:
- Medical bills
- Credit card debt, including cash advances and late fees
- Payday loans
- Unsecured personal loans
- Past-due utility bills
- Some older income tax debts may qualify for discharge, depending on specific IRS rules (see IRS Topic 431 for the fine print)
- Balances left over after a car repossession or home foreclosure (often called deficiency debts) can usually be wiped out
- If you ended a lease or contract and gave back the property, you might still owe something, but that leftover amount is often dischargeable
- Certain court judgments can be discharged too, unless they stem from things like fraud or intentional harm
These debts get wiped out during the discharge, which means you can stop making payments and finally start getting your finances back on track.
Debts That Are Usually Not Dischargeable
Some debts are protected by law and cannot be wiped out. These include:
- Student loans, unless you can prove “undue hardship” to the bankruptcy court
- Recent federal or state tax debts
- Child support and alimony obligations
- Court-ordered fines or criminal restitution
- Debts resulting from fraud, embezzlement, or willful and malicious injury
- Debts not disclosed in your bankruptcy filing
If you omit a creditor or debt when you file, it will not be included in your discharge unless you amend your case.
Differences Between Chapter 7 and Chapter 13
The kind of bankruptcy you file—Chapter 7 or Chapter 13—can make a big difference in which debts get wiped out and what the process looks like.
Chapter 7 Bankruptcy
If your income is limited and you don’t have a lot of property, Chapter 7 might be the cleanest way forward. It’s designed to help folks get a fresh start by quickly getting rid of unsecured debts like credit cards or medical bills. You’ll need to pass something called the “means test” to qualify, and if you’ve got secured debts (like a car loan or mortgage), they won’t go away unless you give up the property tied to them.
Chapter 13 Bankruptcy
This option is more about creating a long-term plan. If you’ve got a steady income and want to catch up on things like mortgage payments or car loans, Chapter 13 lets you set up a repayment plan—usually lasting three to five years. You’ll pay down your priority and secured debts first, and at the end, whatever’s left of your qualifying unsecured debts could be discharged.
Chapter 11 Bankruptcy
Most people won’t go this route unless they’re a business owner or have a high amount of assets or complex finances. It’s a more involved restructuring process, with a custom repayment plan that requires court approval and ongoing oversight.
Life After Your Bankruptcy Discharge
Getting your bankruptcy discharge isn’t the end. It’s actually a new beginning.
Once that discharge is granted:
- You’re no longer legally on the hook for the discharged debts
- Creditors can’t contact you, sue you, or try to collect—ever
- You can still choose to pay off certain debts if you want to (like helping out a co-signer, or just for peace of mind)
- You can start fresh and begin rebuilding your credit—slowly but surely
And if a creditor does try to come after you for a debt that’s already been discharged? That’s not okay. You have rights, and a bankruptcy attorney can step in to make sure those rights are protected.
Florida-Specific Bankruptcy Protections
One of the upsides to filing for bankruptcy in Florida is that the state has pretty generous exemption laws. That means you might be able to keep more of what matters—like your home, your car, and your retirement savings—even if you file under Chapter 7.
That said, how things play out can vary a bit depending on where you’re filing. If you’re in Palm Harbor, Trinity, or anywhere nearby, your case will likely go through the Middle District of Florida. And like anything legal, the local process can have its quirks. That’s why it helps to have a Florida bankruptcy attorney in your corner—someone who knows the ins and outs of both state and local rules and can help make sure you’re protecting as much as possible while getting the relief you need.
Work With a Bankruptcy Attorney in Palm Harbor & Trinity, FL
Bankruptcy isn’t something most people plan for, and figuring it all out on your own can feel like a lot. At the Law Offices of Jeffrey A. Herzog, P.A., we’ve worked with a lot of good people in Palm Harbor and Trinity who were just trying to get their lives back on track. We don’t view bankruptcy as a failure. Sometimes it’s the smartest step you can take to stop the debt spiral and start over. If that’s where you are right now, we’re here to help.
Schedule your free consultation now to speak with a local attorney who truly understands your options under Florida bankruptcy law.