A Step-by-Step Look at Florida Court Filing Procedures

Many people considering bankruptcy are surprised to learn the court oversees a specific process. Bankruptcy isn’t as simple as saying you’re bankrupt. You must file paperwork, that paperwork is reviewed by the court, and your creditors have an opportunity to state their case, as well.

The good news is that an experienced bankruptcy attorney will guide you through the process and ensure things go smoothly. They help you avoid mistakes that could delay or jeopardize your case.

Having a general understanding of the process helps most people feel better about the prospect of filing. Here’s what you need to know.

Step 1: Find Out If You Should File

Before anything is filed with the court, you need to determine whether bankruptcy is the right solution for your situation. This involves looking at your income, expenses, debts, assets, and financial goals.

Chapter 7 and Chapter 13 bankruptcy work differently, and not everyone qualifies for both options. An attorney can review your circumstances and explain which options may be available to you.

Step 2: Complete Credit Counseling

The first thing you’ll need to do once you decide to file is complete an approved credit counseling course. The course must be completed within 180 days before filing. After the course is completed, you receive a certificate that you submit with your bankruptcy paperwork.

Credit counseling ensures that you understand your options and the consequences of filing for bankruptcy. It’s a court requirement, but most people find that the course is helpful and gets their bankruptcy case started on the right foot.

Step 3: Prepare and File Your Bankruptcy Documents

This is where much of the detailed work takes place. Your bankruptcy petition is filed with the appropriate U.S. Bankruptcy Court, along with schedules and other required documents.

These documents provide the court with information about:

Debts
Property
Income
Expenses
Financial history

You must provide complete and accurate information. Even an honest mistake or omission can cause complications later.

Your attorney helps you gather information, fill out and file your paperwork, and guides you through filing. They answer your questions and help you make the best choices throughout the process.

Step 4: Understand What Happens After Filing

Filing is far from the last step. One of the most impactful benefits of filing bankruptcy is the automatic stay. This is the point at which it goes into effect and stops many collection activities, including certain lawsuits, garnishments, and creditor collection calls. There are exceptions, so speak to your attorney if you have concerns or if any bill collectors continue to contact you.

Next, you are given information about the meeting of creditors, sometimes called a 341 meeting. This is usually the most intimidating part of the experience for filers, but it’s usually not as bad as people expect. You attend with your attorney and answer questions about your bankruptcy documents and financial situation.

Step 5: Complete the Remaining Requirements

Filing the petition is the end of the most labor-intensive part for you, but it doesn’t conclude your bankruptcy. Depending on the chapter you file and your specific circumstances, there might be a few additional requirements from you.

You Do Not Have to Figure It Out Alone

It is understandable to feel uncertain about bankruptcy. People often contemplate filing for weeks or months before contacting an attorney. While it makes sense to carefully consider your options, the longer you wait, the worse your financial situation gets. Speaking with an attorney also doesn’t mean you’re obligated to file. They can explain your options and help you determine if bankruptcy will help in your situation.

If you are considering bankruptcy in Florida but are not sure whether it is the right step, contact the Law Offices of Robert M. Geller to discuss your circumstances and learn more about your options.