About Gerald T. Engel Law Office — Bankruptcy Miami, Florida
Gerald T. Engel Law Office focuses on bankruptcy Miami and divorce representation for Miami-Dade County residents, pairing two areas of law that frequently arrive in the same household at the same time. The firm’s website at miami-divorce-bankruptcy.com reflects this dual focus — a practical acknowledgment that financial collapse and marital breakdown are closely connected in many Miami-Dade families. Attorney Engel handles Chapter 7 and Chapter 13 bankruptcy filings in the U.S. Bankruptcy Court for the Southern District of Florida alongside family law matters, giving clients a single attorney to coordinate both sets of proceedings.
Miami-Dade County residents facing the combination of debt and divorce benefit from working with an attorney who understands how the automatic stay interacts with family court proceedings, how marital debts are treated in bankruptcy versus divorce court, and what sequence of filings maximizes protection for both parties. Contact this listing to connect with the Gerald T. Engel Law Office for a case consultation.
What Clients Say
No client reviews are currently listed for Gerald T. Engel Law Office on this directory. Prospective clients facing the combination of bankruptcy and divorce are encouraged to contact the office directly to assess the attorney’s approach to coordinating both types of proceedings in Miami-Dade County.
Bankruptcy Miami — Practice Areas & Services
- Chapter 7 Bankruptcy: Full discharge of qualifying unsecured debts — credit cards, medical bills, personal loans — for Miami-Dade residents who meet the income means test.
- Chapter 13 Bankruptcy: Structured repayment plans for Miami-Dade homeowners who want to stop foreclosure and retain property while repaying a court-approved portion of their debts.
- Divorce & Family Law: Dissolution of marriage, property division, and support matters — coordinated with bankruptcy strategy when marital and financial distress overlap.
- Bankruptcy & Divorce Sequencing: Strategic analysis of whether to file bankruptcy before or after a divorce to maximize debt discharge and protect marital asset division outcomes.
- Automatic Stay & Family Court Coordination: Management of the intersection between federal bankruptcy court automatic stay provisions and Miami-Dade family court proceedings.
Frequently Asked Questions
Should I file bankruptcy before or after my divorce in Miami-Dade County?
The optimal sequence depends on the type of debts involved and whether spouses will cooperate. Filing jointly before divorce can eliminate shared unsecured debts efficiently and reduce disputes over who owes what in the divorce itself. Filing individually after divorce avoids one spouse’s bankruptcy affecting the other’s credit, but leaves jointly held debts unresolved — the non-filing spouse remains liable. An attorney in Miami-Dade County who handles both areas of law can model the outcomes of each approach for a specific situation.
How does the automatic stay affect a pending divorce in Florida?
Under 11 U.S.C. § 362(b)(2), the automatic stay does not stop divorce proceedings for the dissolution of the marriage itself or determinations of child custody, child support, or spousal support. However, the stay can halt the division of marital property if that property has become part of the bankruptcy estate. Miami-Dade family court judges are experienced in coordinating with the Southern District of Florida bankruptcy court on cases where a spouse files mid-divorce.
Can I discharge my ex-spouse’s debt obligations from a divorce settlement in bankruptcy?
It depends on the type of obligation. Domestic support obligations — alimony and child support — are never dischargeable in bankruptcy under any chapter. However, property settlement obligations from a divorce that are not classified as support may be dischargeable in Chapter 13 (though not Chapter 7) if the filer proves that the benefit of discharge outweighs the harm to the non-filing ex-spouse. This is a narrow exception that requires careful legal analysis specific to the divorce decree language.
Quick Facts: Bankruptcy in Miami, Florida
- 2024 District Filings: The Southern District of Florida recorded 13,742 total bankruptcy filings in 2024 — a 26% increase over 2023 — U.S. Bankruptcy Court, S.D. Fla.
- Miami Division (2025): The Miami division logged 7,395 filings in 2025, with Chapter 7 representing approximately 59% of all cases — U.S. Bankruptcy Court, S.D. Fla. (Miami Statistics)
- National Trend: U.S. bankruptcy filings rose 11.5% in the twelve months ending June 30, 2025 — Administrative Office of the U.S. Courts
