How to File a Chapter 7 Bankruptcy in Florida
- 1). Go through a credit counseling course that the Florida bankruptcy court in your district has approved to give pre-bankruptcy course certificates. Ensure you attend an approved course by finding a listing on the bankruptcy court website.
- 2). Download the bankruptcy petition schedules from the court website. Determine if you are eligible for Chapter 7 bankruptcy by completing the means test. Compare your income to the October 2010 median of $41,079 in Florida. File Chapter 7 bankruptcy if you make less than $41,079. You must file Chapter 13 bankruptcy if you make more than the Florida median and have at least $100 in income once you pay monthly expenses.
- 3). Fill out the rest of the petition schedules. Include information about your assets on Schedule B, information about your income of Schedule I and information about your Expenses on Schedule J.
- 4). File the completed petition at the courthouse. Pay the $299 Chapter 7 bankruptcy fee by cash or money order if you do not have a lawyer representing you, because pro se debtors in Florida cannot pay fees by checks. Make your payment by cashier's check, attorney check, money order or cash if you do have legal representation.
- 5). The court clerk will designate a trustee to your case and give you a date -- usually six weeks from your filing date -- for the 341 meeting, in which you will answer questions from the trustee and creditors about the statements you made on your petition. The filing portion of the Chapter 7 bankruptcy case is complete. The court will send its decision to discharge your debts or not about 6 weeks from the date of the 341 meeting.
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