The process for filing for bankruptcy in Florida involves the following steps:
- Determine your eligibility: To file for bankruptcy in Florida, you must meet certain eligibility criteria. This includes completing a means test to determine if your income is below the state median, and if you have completed credit counseling within the past 180 days.
- Choose the type of bankruptcy: There are two types of bankruptcy that individuals can file in Florida - Chapter 7 and Chapter 13. In Chapter 7 bankruptcy, most of your debt is eliminated through liquidation of your assets. In Chapter 13 bankruptcy, you will create a repayment plan to pay back your creditors over a period of three to five years.
- File bankruptcy petition: Once you have determined your eligibility and type of bankruptcy, you can file a petition with the Bankruptcy Court in your district. You will also need to provide documents such as your income, expenses, assets and debts.
- Attend a meeting of creditors: Within a few weeks of filing your petition, you will have to attend a meeting of creditors. At this meeting, the trustee and any creditors can ask questions about your financial situation.
- Complete bankruptcy course: Florida requires individuals to complete a debtor education course before their debts can be discharged.
- Attend confirmation hearing: If you filed a Chapter 13 bankruptcy, you will be required to attend a confirmation hearing to approve your repayment plan.
- Receive discharge: Once you have completed all requirements, including the repayment plan in a Chapter 13 bankruptcy, you will receive a discharge of your debts.
It is important to note that bankruptcy does not eliminate all debts, such as student loans, child support or alimony. It is recommended to consult with a bankruptcy attorney to determine the best course of action for your specific situation.
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