If you are researching how to file bankruptcy in Florida, start with the process rather than a decision. Bankruptcy involves required counseling, financial testing, detailed paperwork, court deadlines, and trustee review. The right path depends on your income, debts, property, prior filings, and goals.
Chapter 7 and Chapter 13 work differently. Neither chapter is automatically better. A careful review can help you understand what each chapter could, and could not, change.
This article provides general information. Your rights and options depend on your specific facts and current law.
Start by comparing Chapter 7 and Chapter 13
Chapter 7 bankruptcy in Florida
Chapter 7 may discharge qualifying unsecured debts, such as certain credit-card balances and medical bills. It is generally designed for people who cannot reasonably repay their debts over time.
Eligibility often involves an income analysis called the means test. Property also requires careful review because Florida exemption rules may affect whether a trustee can sell non-exempt equity.
Chapter 7 could provide a shorter process than Chapter 13. It may not address every debt, lien, foreclosure issue, or property concern. Certain taxes, support obligations, student loans, and debts connected to fraud or other conduct may receive special treatment or remain collectible.
Review the office’s page on Chapter 7 bankruptcy and the U.S. Courts overview of Chapter 7.
Chapter 13 bankruptcy in Florida
Chapter 13 uses a court-supervised repayment plan. It may be considered when you have regular income and need time to address mortgage or vehicle arrears, protect property, or manage debts that Chapter 7 may not resolve.
A Chapter 13 plan commonly lasts three to five years, but the applicable period and payment amount depend on your income, expenses, debts, property, and other legal requirements.
A Chapter 13 filing is a commitment. You must make required plan payments and remain current on certain ongoing obligations. If the proposed payment is not realistic, the case may face serious difficulties.
Review the office’s Chapter 13 bankruptcy page before assuming that a repayment plan is appropriate.
Follow the filing process step by step
The general process is similar across Florida, but local court rules and individual circumstances can change the details.
1. Identify your goals and deadlines
Begin by identifying what you need bankruptcy to address. Your priorities may include:
- Stopping or reviewing a wage garnishment
- Responding to collection lawsuits
- Addressing a foreclosure notice or sale date
- Keeping a home or vehicle
- Managing credit-card or medical debt
- Resolving tax or priority obligations
- Evaluating whether Chapter 7 or Chapter 13 is feasible
Gather every notice and court paper. A website form or consultation request does not protect a court deadline, stop a foreclosure sale, or create an attorney-client relationship.
2. Complete required credit counseling
Before filing either Chapter 7 or Chapter 13, you generally must complete a credit counseling course from an approved provider. The course must usually be completed within 180 days before filing.
After completion, you receive a certificate. The certificate must be filed with the bankruptcy case unless a legally recognized exception applies.
Use the U.S. Trustee Program’s approved provider information to confirm that the agency is authorized. The course is not the same as the financial management course required after filing.
3. Review income and complete the means test
For Chapter 7, the means test compares your household’s current monthly income with the applicable Florida median income for your household size. If income is above the median, additional calculations consider allowable expenses and other information.
The means test is not a simple pass-or-fail conclusion based on one paycheck. The calculation may involve the income period before filing, household circumstances, expenses, and special facts.
Chapter 13 does not require you to qualify under the Chapter 7 means test in the same way. However, income and expenses help determine whether a plan is feasible, how long it may last, and what creditors may receive.
Do not rely on a general income chart alone. Eligibility, risk, and long-term goals should be reviewed together.
4. Prepare complete bankruptcy paperwork
The petition officially starts the case. The schedules and statements provide the court and trustee with information about your finances.
Depending on the chapter and your circumstances, the paperwork may include:
- The voluntary bankruptcy petition
- Schedules listing assets, debts, income, and expenses
- A statement of financial affairs
- A creditor mailing list or matrix
- Chapter 7 means-test forms
- A proposed Chapter 13 repayment plan
- Information about leases and contracts
- Prior bankruptcy case information
- Filing-fee, installment, or fee-waiver documents
- Required identification and verification materials
Accuracy matters. You must identify all creditors and disclose all property, income, transfers, and financial interests. Omitting an asset or creditor can create problems later.
Florida residents also need to consider Florida exemption rules. The analysis may include the homestead, vehicle equity, personal property, retirement accounts, bank balances, and other assets. Whether you can keep a particular asset depends on its value, equity, exemption, payment status, and the chapter filed.
5. File in the correct Florida bankruptcy court
Florida has Northern, Middle, and Southern District bankruptcy courts. Tamarac residents generally look to the Southern District of Florida, but venue should be confirmed based on residence and other facts.
The Southern District of Florida’s Chapter 7 filing instructions provide court-specific information. Filing fees, forms, local procedures, and required documents can change, so confirm current requirements before filing.
Understand what the automatic stay may do
The automatic stay generally begins when the petition is filed. It may pause many collection actions, including collection calls, qualifying lawsuits, wage garnishments, foreclosure activity, and repossessions.
The stay has limits. It does not erase a debt or remove a valid lien. Creditors may ask the court for permission to continue certain actions. Exceptions can apply, and prior bankruptcy filings may limit or delay the stay.
The filing date matters, but filing alone does not resolve every problem. You may still need to address ongoing mortgage, vehicle, tax, support, or plan payments.
Complete the trustee and post-filing steps
After filing, a trustee is assigned. You will generally attend a meeting of creditors, sometimes called a 341 meeting. The trustee may ask questions under oath about your petition, property, income, debts, and recent financial activity.
You may also need to provide tax returns, pay records, bank statements, or other documents. Responding completely and on time is part of the process.
Before receiving a discharge, you generally must complete a second course in personal financial management. Chapter 7 and Chapter 13 then follow different paths:
- Chapter 7: The trustee reviews the case and any non-exempt property. If requirements are satisfied and no objection prevents discharge, qualifying debts may be discharged.
- Chapter 13: The proposed plan goes through a confirmation process. You must make the required payments and comply with case obligations before seeking the available discharge.
Timing varies. Missing documents, asset issues, objections, motions, prior filings, or plan problems can extend the case.
Prepare for a consultation with facts
A consultation does not require a perfectly organized file. Reliable information makes the discussion more useful. Bring or gather:
- Income records , Recent pay statements, benefit information, business income, and other household income.
- Tax information , Recent tax returns and notices from taxing authorities, when available.
- Debt records , Credit-card statements, medical bills, collection letters, lawsuit papers, garnishment orders, and creditor names.
- Housing records , Mortgage statements, foreclosure notices, property-tax information, and an estimate of the property’s value.
- Vehicle records , Loan statements, payment history, titles, and approximate vehicle values.
- Asset information , Bank accounts, retirement accounts, investments, personal property, and insurance or settlement interests.
- Filing history , Information about any prior bankruptcy cases, dismissals, transfers, large payments, or recent financial changes.
- Your questions and deadlines , Write down what you need to understand and bring any date that may require prompt attention.
The office provides free initial consultations and direct attorney attention. A Tamarac bankruptcy attorney can review the information, explain possible paths, and identify documents still needed. The conversation does not guarantee eligibility, a discharge, a confirmed plan, or any particular result.
Common questions about filing bankruptcy in Florida
Can I file bankruptcy without an attorney?
Yes, individuals may represent themselves. However, bankruptcy forms, exemptions, means testing, and Chapter 13 plans require careful attention. The consequences of an error depend on the facts.
Does bankruptcy stop foreclosure in Florida?
It may pause certain foreclosure activity through the automatic stay. The effect depends on timing, prior filings, court orders, the mortgage status, and whether you can address ongoing payments and arrears.
Will I lose my house or car?
Not necessarily. Equity, exemptions, loan status, payment history, and the chapter filed all matter. Review each important asset separately before filing.
Can I file without my spouse?
Sometimes. Household income, joint debts, jointly owned property, and the effect on the non-filing spouse still require review.
What should I do if I have an upcoming court date?
Gather the papers and discuss the deadline promptly. Bankruptcy may affect some proceedings, but filing is not a substitute for responding to a court order or deadline.
Begin with a direct review
You do not have to sort through every question alone. Start with your facts, deadlines, property, debts, and priorities. Then compare the possible paths before making major payments, transfers, withdrawals, or other financial changes.
Request a free bankruptcy consultation with the Law Offices of Conwade D. Lewis, P.A. Bring your questions and available records. The attorney can explain what may need further review and what next steps could fit your circumstances.