Florida Bankruptcy

Bankruptcy is a legal term for the process that allows individuals or businesses to seek relief from their debts if they are unable to meet their financial obligations. In Florida, this process follows the federal law, but Florida’s exemption system and resident-friendly homestead rules may affect what property you can keep.

As an “opt-out” state, you must use Florida exemption laws. The state’s unlimited homestead exemption can protect a main residence on up to 1/2 acre in a municipality or up to 160 acres elsewhere, subject to residency and certain conditions.

How to File Bankruptcy in Florida

This is a practical step-by-step overview and guide for individuals who want to understand the filing process in Florida. You must take credit counseling within 180 days prior to filing your case. Then submit documents such as tax returns, six months of pay stubs, bank statements, property deeds/titles, debt lists, and lawsuit notices. Proceed to pick a bankruptcy chapter and apply Florida exemptions, including the homestead, vehicle equity, personal property, and wage protections.

File your petition and schedules (pro se or via an attorney) in the bankruptcy court that is located in the district where you reside. Pay for the cost of filing your documents with the court, or request a payment plan or fee waiver if eligible. Make sure you attend the 341 meeting with the trustee and bring ID and all the requested documents.

Complete debtor-education course, respond to the trustee/court notices, and obtain your discharge or plan confirmation.

Florida Bankruptcy Types: Chapter 7, Chapter 13 & Chapter 11

Your choice of chapter will determine the structure and outcome of your case.

Chapter 7 (Liquidation)

Any individual with limited income and unsecured debt may choose this type of bankruptcy chapter. While you can sell non-exempt property, the state’s exemptions allow some assets, primarily the home, to be retained.

Chapter 13 (Repayment Plan)

This option is useful when you earn a regular income. So you can schedule a 3–5 year repayment plan with your creditors. It helps to stop foreclosure and catch up on mortgage arrears while keeping the property. Your repayment plan may depend on the value of your home equity and personal property.

Chapter 11 (Reorganization)

This type is attractive mainly to businesses and high-debt individuals. It allows them (debtors) to remain in control of their businesses while they propose a repayment or restructuring plan.

Step In Filing For Bankruptcy in Florida

You may consult this quick reference for information on completing a bankruptcy case in Florida:

• Complete all required credit counseling
• Gather all relevant documentation
• Choose the appropriate type of chapter and apply Florida exemption rules
• File your petition and schedules with the court
• Pay the filing fee or request a waiver/installment from the court
• Attend the 341 meeting of creditors
• Complete debtor-education course and monitor all court notices until discharge or plan is approved.

Florida Bankruptcy Courts & Access to Records

Florida is divided into three federal bankruptcy districts, so you must choose the correct option based on your county of residence.

Court Locations

The Northern District of Florida: With its headquarters in Tallahassee, the court has additional divisions at Pensacola, Gainesville, and Panama City. The main courthouse of the United States Bankruptcy Court for the Northern District of Florida is:

The Middle District of Florida: The main courthouse in the district is located in Tampa, with additional divisions at Fort Myers, Jacksonville, and Orlando. You may find the main courthouse of the United States Bankruptcy Court for the Middle District of Florida at:

The Southern District of Florida: The main court for this district is in Tampa, with additional divisions in Fort Lauderdale and West Palm Beach. You may find the contact for the main courthouse at:

Record Access

In Florida, bankruptcy court records are available at all three federal bankruptcy courts. You may view dockets and filings through the Public Access to Court Electronic Records (PACER) system. It costs a $0.10 fee to search and view the court case files on the system.

During regular office hours (9:00 am to 4:00 pm) on weekdays, individuals may contact the clerk’s office to obtain copies of records. They may also access case details through the Multi-Court Voice Case Information System (McVCIS) by calling (866) 222-8029 from any touch-tone phone.

You may also access case files from the public access computers at the courthouses.