Skip to content
All posts

What are the steps for filing for bankruptcy in Florida?

Filing for Bankruptcy in Florida: A General Overview

As a lawyer, I can provide legal advice on the steps for filing for bankruptcy in Florida. Here is a general overview of the process:

  1. Determine eligibility: Before filing for bankruptcy, it is important to determine whether you are eligible to file under Chapter 7 or Chapter 13. Chapter 7 bankruptcy is for individuals who have little to no disposable income, while Chapter 13 bankruptcy is for those who have a steady income but are struggling with debt.
  2. Credit counseling: Before filing for bankruptcy, you must complete a credit counseling course. This requirement applies to both Chapter 7 and Chapter 13 bankruptcy cases.
  3. Complete bankruptcy forms: Once you have completed the credit counseling course, you will need to fill out several bankruptcy forms. The forms will ask for your personal and financial information, including income, expenses, assets, and debts.
  4. File the forms: Once you have completed the bankruptcy forms, you will need to file them with the bankruptcy court in your area. You will also need to pay a filing fee, which varies depending on the type of bankruptcy you are filing.
  5. Attend a meeting of creditors: After you file for bankruptcy, you will be required to attend a meeting of creditors. This meeting is typically held within 30 to 45 days after you file for bankruptcy. At the meeting, you will meet with a bankruptcy trustee and any creditors who wish to attend. During the meeting, the trustee will ask you questions about your assets, debts, and financial situation.
  6. Complete a debtor education course: After you attend the meeting of creditors, you must complete a debtor education course. This course is designed to help you learn how to manage your finances and debts after bankruptcy.
  7. Receive a discharge: If your bankruptcy case is successful, you will receive a discharge. This means that your debts will be eliminated, and you will no longer be responsible for paying them.

It is important to note that bankruptcy laws can be complex, and the above steps are intended as a general overview of the process. If you are considering filing for bankruptcy in Florida, it is highly recommended that you consult with a licensed attorney who can provide you with specific guidance based on your unique circumstances.