How to File Bankruptcy in Florida: A Step-by-Step Guide
If you’re facing overwhelming debt, constant creditor calls, foreclosure concerns, or wage garnishment, you’re not alone, and you have legal options. Understanding how to file bankruptcy in Florida can help stop collection actions, protect certain assets, and provide a structured path toward financial relief.
This guide explains the Florida bankruptcy process in clear, practical terms, including Chapter 7 and Chapter 13 options, eligibility requirements, required steps, timelines, and common mistakes to avoid, so you can make informed decisions with confidence.
What Bankruptcy Does Under Florida Law
Bankruptcy provides legal protection for individuals who can no longer realistically repay their debts. When filed correctly, bankruptcy can:
- Stop creditor calls and collection lawsuits
- Pause foreclosure, repossession, and wage garnishment
- Discharge qualifying unsecured debts
- Create structured repayment options for certain obligations
Many people considering bankruptcy are also dealing with financial strain caused by denied insurance claims, property damage, or other disputes. In these situations, understanding your rights under Florida bankruptcy law and related consumer protection laws is critical.
Types of Bankruptcy Available in Florida
Florida offers different bankruptcy options based on income, debt type, and financial goals. The most common consumer bankruptcy chapters are outlined below.
Chapter 7 Bankruptcy in Florida
Chapter 7 bankruptcy allows eligible individuals to discharge unsecured debts such as credit cards, medical bills, and personal loans.
Key facts:
- Typically, it is completed within several months.
- Requires passing a means test based on income
- Does not involve a repayment plan
- Florida exemptions may protect your home, wages, and retirement accounts
Chapter 13 Bankruptcy in Florida
Chapter 13 bankruptcy is designed for individuals with regular income who need time to repay debts.
Key facts:
- Involves a court-approved repayment plan lasting three to five years
- Can stop foreclosure and allow time to catch up on missed mortgage payments
- May help manage tax debt, car loans, and other secured obligations
Step-by-Step: How to File Bankruptcy in Florida
Filing for bankruptcy in Florida follows a structured legal process. Understanding each step helps ensure compliance with court requirements and reduces the risk of delays or dismissal.
Step 1: Determine Eligibility
Before filing, you must determine:
- Whether Chapter 7 or Chapter 13 is appropriate
- Whether you meet income requirements under the means test
- Whether previous bankruptcy filings affect eligibility
Eligibility depends on income, household size, debt type, and financial circumstances.
Step 2: Gather Required Financial Documents
Accurate documentation is essential. Commonly required records include:
- Proof of income
- Recent tax returns
- Bank statements
- A complete list of creditors and debts
- Asset and property information
- Monthly living expenses
Incomplete or inaccurate information can delay or jeopardize a case.
Step 3: Complete Credit Counseling
Florida bankruptcy law requires completion of a credit counseling course from an approved provider within 180 days before filing. A certificate of completion must be filed with the bankruptcy petition.
Step 4: File the Bankruptcy Petition
Bankruptcy cases are filed in federal court based on where you live in Florida. Once the petition is filed, an automatic stay goes into effect, which temporarily stops:
- Collection activity
- Foreclosure proceedings
- Wage garnishments
- Repossession efforts
Step 5: Pay the Bankruptcy Filing Fee
Federal bankruptcy courts require a filing fee. In some cases, individuals may qualify for installment payments or a fee waiver based on income and financial hardship.
Step 6: Attend the 341 Meeting of Creditors
Most filers must attend a short meeting with a bankruptcy trustee, commonly called the 341 meeting. You will answer basic questions under oath regarding your financial disclosures. Creditors have the option to attend the meeting, but they frequently choose not to.
Step 7: Complete the Debtor Education Course
After filing, you must complete a financial management course from an approved provider and submit proof to the court. Failure to complete this requirement can prevent a discharge.
Step 8: Receive a Bankruptcy Discharge
If all requirements are met:
- Chapter 7 cases typically result in a discharge of qualifying debts
- Chapter 13 cases continue until the repayment plan is successfully completed
A discharge legally eliminates certain debts and prevents future collection.
Florida Bankruptcy Exemptions Explained
Florida provides some of the strongest debtor protections in the country. Common exemptions may protect:
- Primary residences under Florida’s homestead exemption (subject to residency requirements)
- Wages for household heads
- Retirement accounts and pensions
- Certain personal property
Choosing and applying exemptions correctly is critical, particularly when financial hardship is connected to property damage or insurance disputes, which are frequently discussed in United Law PA’s Property Damage practice area.
How Long Does Bankruptcy Take in Florida?
The length of a bankruptcy case in Florida depends on the type of bankruptcy filed and the specific circumstances of the case.
- Chapter 7: Often completed within several months
- Chapter 13: Requires completion of a repayment plan lasting three to five years
Timelines can vary depending on case complexity and compliance with court requirements.
Common Mistakes to Avoid When Filing Bankruptcy
Common errors include:
- Transferring property before filing
- Taking on new debt shortly before bankruptcy
- Failing to disclose all assets or income
- Missing required courses or deadlines
- Filing the wrong bankruptcy chapter
These mistakes can lead to delays, dismissal, or loss of legal protections.
Can You File Bankruptcy Without a Lawyer in Florida?
While it is legally possible to file without an attorney, bankruptcy law is complex. Filing errors may result in:
- Loss of exempt assets
- Case dismissal
- Delayed or denied discharge
Legal guidance can help ensure compliance with both federal and Florida-specific requirements.
FAQs
Is there a minimum amount of debt required to file bankruptcy in Florida?
No. There is no minimum debt requirement. Eligibility depends on income, expenses, and overall financial condition.
Will bankruptcy stop foreclosure in Florida?
Filing bankruptcy triggers an automatic stay that temporarily stops foreclosure proceedings.
Will bankruptcy eliminate all debts?
Some debts may not be dischargeable, depending on the type of obligation and circumstances.
Is bankruptcy public record?
Yes. Bankruptcy filings are public, but most employers and landlords do not routinely search court records.
How often can someone file bankruptcy?
Filing frequency depends on the type of bankruptcy previously filed and the time elapsed since that case.
How United Law Group Can Help
The attorneys at United Law Group regularly assist individuals navigating bankruptcy and other financial hardships under Florida law. Our approach focuses on clear guidance, accurate legal information, and helping clients understand their rights and options at every stage of the process.
Contact United Law Group today or request a Free Case Evaluation to take the next step toward financial relief.
