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What are the requirements for filing for bankruptcy in Florida?

Bankruptcy Requirements in Florida

As a lawyer, I can provide you with information about the requirements for filing for bankruptcy in Florida. In Florida, individuals can file for bankruptcy under either Chapter 7 or Chapter 13 of the Bankruptcy Code.

Filing for Chapter 7 Bankruptcy

To file for Chapter 7 bankruptcy in Florida, you must pass a means test to determine if you qualify for Chapter 7. The means test takes into account your income and expenses, and it is used to determine whether you have enough disposable income to pay your debts.

If your income is below the median income level for your state, you automatically qualify for Chapter 7. If your income is above the median income level, you must fill out additional forms to determine whether you qualify for Chapter 7 based on your disposable income.

Filing for Chapter 13 Bankruptcy

To file for Chapter 13 bankruptcy in Florida, there are no income restrictions or means test requirements. However, you must have regular income and be able to pay back a portion of your debts through a repayment plan over a period of 3-5 years.

Other Requirements

In addition to meeting income requirements or having regular income, there are other requirements for filing for bankruptcy in Florida. You must complete credit counseling within 180 days prior to filing, and you must provide information about your debts, assets, income, expenses, and other financial information to the bankruptcy court.

You must also attend a meeting of creditors and comply with any other requirements imposed by the court.

It is important to note that bankruptcy is a complex legal process, and there may be exceptions or limitations to the general rules described above. If you are considering filing for bankruptcy in Florida, I recommend consulting with a licensed attorney who can provide advice and guidance based on your specific circumstances.