If you’re considering filing bankruptcy in Florida, you’ll need to understand the types, costs, as well as some helpful advice to finding good attorneys.

Am I Qualified for Bankruptcy?

Qualifying for bankruptcy in Florida, like in other states, involves meeting certain eligibility criteria and considering which type of bankruptcy you may be eligible for. Bankruptcy laws are primarily federal, but they can have some state-specific nuances. In Florida, individuals and businesses can file for bankruptcy under various chapters of the Bankruptcy Code, including Chapter 7 and Chapter 13. To help you understand who is qualified to file bankruptcy in Florida, let’s explore the key factors involved:

1. Residency Requirements: To file for bankruptcy in Florida, you generally need to be a resident of the state or have a domicile, place of business, or property in Florida for the greater part of the 180 days preceding the filing of your bankruptcy petition. This requirement is designed to prevent people from “forum shopping” for bankruptcy jurisdictions with more favorable rules.
2. Means Test for Chapter 7: Chapter 7 bankruptcy is a liquidation bankruptcy, often referred to as a “fresh start” bankruptcy. To qualify for Chapter 7, you must pass the means test. The means test assesses your income and expenses to determine whether you have enough disposable income to repay your debts. If your income is below the median income for a household of your size in Florida, you are typically eligible for Chapter 7. If your income exceeds this threshold, you may still qualify based on a more detailed analysis of your financial situation.
3. Credit Counseling: Before filing for bankruptcy in Florida, you are required to complete credit counseling from an approved agency within 180 days prior to filing. This counseling helps you evaluate your financial situation and explore alternatives to bankruptcy.
4. Eligibility for Chapter 13: Chapter 13 bankruptcy allows individuals with regular income to create a repayment plan to address their debts over a period of three to five years. To qualify for Chapter 13 in Florida, you need a stable source of income that enables you to meet your living expenses and make payments under the proposed plan.
5. Previous Bankruptcy Discharges: If you’ve previously filed for bankruptcy and received a discharge, there are time limits to consider. For example, if you received a Chapter 7 discharge, you generally need to wait eight years before filing for Chapter 7 again. If you previously filed for Chapter 13, you may need to wait two years before filing for Chapter 13 again.
6. Fraudulent Behavior: If you engaged in fraudulent activities, concealed assets, or provided false information during a bankruptcy case in the past, you may be disqualified from filing for bankruptcy again. Bankruptcy fraud is taken seriously, and it can result in penalties, including criminal charges.
7. Type of Debts: Some types of debts, such as child support, alimony, certain taxes, and student loans, may not be discharged in bankruptcy. While you can still file for bankruptcy to address other debts, these non-dischargeable obligations will remain your responsibility after the bankruptcy process concludes.
8. Legal Assistance: It’s important to consult with a qualified bankruptcy attorney in Florida to assess your specific financial situation and eligibility for bankruptcy. An attorney can help you navigate the complex legal process, ensure you meet all requirements, and provide guidance on the best bankruptcy chapter for your situation.

Qualifying for bankruptcy in Florida involves meeting residency requirements, passing the means test for Chapter 7, having a stable income for Chapter 13, and adhering to other federal and state-specific regulations. Bankruptcy is a complex legal process, and it’s crucial to consult with an attorney to determine your eligibility, understand the implications, and make informed decisions about your financial future. Additionally, bankruptcy should be considered as a last resort after exploring other debt relief options and seeking credit counseling.

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Do You Need a Lawyer to File For Bankruptcy in Florida?

Whether you need a lawyer to file for bankruptcy in Florida depends on your individual circumstances, the complexity of your case, and your comfort level with navigating the legal process. While it is possible to file for bankruptcy pro se (without an attorney), there are several important factors to consider when deciding whether to hire a lawyer for your bankruptcy case in Florida:

1. Understanding the Bankruptcy Code: Bankruptcy law is complex and involves a myriad of federal and state-specific rules and regulations. Even if you have a straightforward case, a bankruptcy attorney has a deep understanding of the Bankruptcy Code, which can help ensure that your case is filed correctly and that you take advantage of all available exemptions and protections.
2. Assessing Your Eligibility and Options: An experienced bankruptcy attorney can help you determine which bankruptcy chapter is most suitable for your situation. Chapter 7 and Chapter 13 bankruptcies have different eligibility criteria and implications. An attorney can evaluate your financial circumstances and provide guidance on the best course of action.
3. Protecting Your Assets: In Florida, there are specific exemptions that allow you to protect certain assets from liquidation in bankruptcy. A lawyer can help you maximize these exemptions to preserve your property. Florida’s homestead exemption, for example, is one of the most generous in the country and can help you retain your primary residence.
4. Legal Procedures and Paperwork: Filing for bankruptcy involves extensive paperwork, including the bankruptcy petition, schedules, statements, and other documents. A bankruptcy attorney is familiar with these forms and can help you complete them accurately and submit them on time. Mistakes or omissions in your bankruptcy paperwork can lead to delays, dismissals, or even legal complications.
5. Negotiating with Creditors: If you’re filing for Chapter 13 bankruptcy, your attorney can assist in negotiating with creditors to develop a repayment plan that is feasible and fair. They can also represent your interests at the creditors’ meeting (341 meeting) and address any concerns or objections raised by creditors.
6. Legal Protections: Having an attorney can provide you with legal protections. They can advise you on your rights, help you respond to legal challenges, and ensure that you are treated fairly throughout the bankruptcy process.
7. Avoiding Pitfalls: Bankruptcy law is rife with potential pitfalls and traps for the unwary. Without legal guidance, you may inadvertently make mistakes that could have negative consequences for your case. An attorney can help you avoid these pitfalls.
8. Stress Reduction: Going through bankruptcy can be emotionally challenging. Having a knowledgeable attorney by your side can provide you with peace of mind and reduce the stress associated with the process.

While it is not legally required to have a lawyer to file for bankruptcy in Florida, it is highly recommended, especially if you have significant assets, complex financial situations, or if you are unsure about the bankruptcy process. Consulting with an experienced bankruptcy attorney can help ensure that your rights are protected, that you make informed decisions, and that your bankruptcy case proceeds smoothly and successfully. The cost of hiring an attorney is an investment in your financial future and can greatly improve your chances of a favorable outcome in your bankruptcy case.

Cost to File Chapter 7 Bankruptcy in Florida

The cost to file for Chapter 7 bankruptcy in Florida consists of several fees and expenses, including court filing fees, credit counseling fees, and attorney fees if you choose to hire an attorney.

Here’s a breakdown of these costs:

1. Court Filing Fees: The primary cost associated with filing for Chapter 7 bankruptcy in Florida is the court filing fee. The filing fee for a Chapter 7 bankruptcy case in the U.S. Bankruptcy Court for the Middle District of Florida is $377. This fee is subject to change, so it’s essential to check the current fee on the court’s website or by contacting the court directly. In some cases, you may be eligible for a fee waiver or installment payment plan if you meet certain income criteria.
2. Credit Counseling Fees: Before you can file for Chapter 7 bankruptcy, you are required to complete credit counseling from an approved agency. The cost of this counseling typically ranges from $30 to $60, but it can vary depending on the agency you choose and your financial situation. Some agencies offer reduced fees or fee waivers based on income.
3. Bankruptcy Attorney Fees (if applicable): While it is possible to file for Chapter 7 bankruptcy without an attorney (pro se), many individuals choose to hire a bankruptcy attorney to guide them through the process and ensure everything is done correctly. Attorney fees can vary widely depending on the complexity of your case and the attorney’s experience. Some attorneys may offer flat fees, while others charge hourly rates. On average, you can expect attorney fees for a Chapter 7 bankruptcy in Florida to range from $1,195 to $2,752 or more. It’s crucial to discuss fees with potential attorneys during initial consultations to understand the cost and payment structure.
4. Other Costs: In addition to the above expenses, there may be other costs associated with your Chapter 7 bankruptcy case, such as fees for obtaining credit reports, notary fees, and mailing costs. These expenses are generally relatively minor compared to the filing fee and attorney fees.

Before filing for Chapter 7 bankruptcy in Florida, it’s advisable to consult with an experienced bankruptcy attorney or seek guidance from a legal aid organization if you have limited financial resources. An attorney can help you understand the full cost of your bankruptcy case, assess whether you qualify for fee waivers, and ensure that your bankruptcy petition is prepared accurately and in compliance with the law. Properly managing your bankruptcy expenses is essential to achieving a fresh financial start through Chapter 7 bankruptcy.

Cost to File Chapter 11 Bankruptcy in Florida

The cost of filing for Chapter 11 bankruptcy in Florida can vary significantly depending on the complexity of your case, the size of your business, and the fees associated with legal representation and other services. Chapter 11 bankruptcy is primarily designed for businesses and individuals with substantial assets and debts, and the costs involved can be substantial. Here’s a breakdown of the key expenses you can expect when filing for Chapter 11 bankruptcy in Florida:

1. Court Filing Fees: The primary expense associated with filing for Chapter 11 bankruptcy is the court filing fee. The filing fee for a Chapter 11 bankruptcy case in the U.S. Bankruptcy Court for the Middle District of Florida is $2,058. This fee is subject to change, so it’s essential to check the current fee on the court’s website or by contacting the court directly.
2. Attorney Fees: Chapter 11 bankruptcy cases are highly complex, and it is strongly recommended to hire an experienced bankruptcy attorney to navigate the process. Attorney fees for Chapter 11 cases can vary widely, depending on the size and complexity of the business, the scope of legal services required, and the attorney’s hourly rates or fee structure. Given the complexity and duration of Chapter 11 cases, attorney fees for Chapter 11 bankruptcy in Florida can range from tens of thousands to hundreds of thousands of dollars.
3. Retention of Professionals: In many Chapter 11 cases, businesses may need to hire additional professionals, such as financial advisors, accountants, appraisers, and turnaround consultants. These professionals play crucial roles in the bankruptcy process and are typically compensated for their services. Their fees can add significantly to the overall cost of a Chapter 11 case.
4. Administrative Expenses: Throughout the Chapter 11 process, there may be various administrative expenses, such as court-approved fees for bankruptcy trustees, examiners, and other parties involved in the case.
5. Other Costs: In addition to the above expenses, there may be other costs associated with your Chapter 11 bankruptcy, such as fees for obtaining appraisals, conducting financial analyses, and printing and mailing documents.

It’s important to note that Chapter 11 bankruptcy is a complex and lengthy process that can take several months or even years to complete. The cost can accumulate over time, and businesses should carefully consider their financial resources and the potential benefits of restructuring and reorganizing their debts under Chapter 11.

Cost to File Chapter 13 Bankruptcy in Florida

The cost to file for Chapter 13 bankruptcy in Florida includes various fees and expenses that individuals need to consider when seeking debt relief through this bankruptcy chapter. Here’s a breakdown of the key costs associated with filing for Chapter 13 bankruptcy in Florida:

1. Court Filing Fees: The primary expense when filing for Chapter 13 bankruptcy is the court filing fee. It’s essential to verify the current fee on the court’s website or by contacting the court directly, as fees may change over time.
2. Attorney Fees: It is highly recommended to hire an experienced bankruptcy attorney to navigate the Chapter 13 bankruptcy process successfully. Attorney fees can vary depending on your location in Florida, the complexity of your case, and the attorney’s fee structure. On average, individuals can expect to pay attorney fees ranging from $2,325 to $4,690 or more for Chapter 13 representation in Florida. Some attorneys may offer flat fees, while others charge hourly rates.
3. Credit Counseling Fees: Before filing for Chapter 13 bankruptcy, you are required to complete credit counseling from an approved agency. The cost of credit counseling typically ranges from $28 to $58, but it can vary depending on the agency you choose and your financial situation. Some agencies offer reduced fees or fee waivers based on income.
4. Other Costs: In addition to the above expenses, there may be other costs associated with your Chapter 13 bankruptcy case, such as fees for obtaining credit reports, notary fees, and mailing costs. These expenses are generally relatively minor compared to the filing fee and attorney fees.
5. Trustee Fees: In a Chapter 13 case, you’ll make regular payments to a bankruptcy trustee, who will then distribute these funds to your creditors as outlined in your court-approved repayment plan. The trustee typically charges a fee for their services, which is deducted from the payments you make.
6. Debtor Education Course: After filing for Chapter 13 bankruptcy, you are required to complete a debtor education course. The cost of this course can vary, but it is generally in the range of $32 to $65.
7. Modification or Conversion Fees (if necessary): If circumstances change during your Chapter 13 repayment plan, and you need to modify or convert your case to another bankruptcy chapter, there may be additional court filing fees and administrative costs.

It’s important to consult with an experienced bankruptcy attorney in Florida before filing for Chapter 13 bankruptcy to get a clear understanding of the total cost involved in your specific case. Your attorney can help you assess your financial situation, determine if Chapter 13 is the right option for you, and guide you through the entire process, including estimating the overall cost.

Additionally, if you have limited financial resources, you may be eligible for fee waivers or installment plans for certain fees, such as the court filing fee. Properly managing your bankruptcy expenses is essential to ensuring a successful Chapter 13 bankruptcy case and achieving a fresh financial start.

Reliable Bankruptcy Attorneys in Florida

Below is a list of reputable bankruptcy attorneys in Florida. They can help you with both personal and business bankruptcy information.

Gina Rosato Law Firm, P.A.
4124 W Linebaugh Ave, Tampa, FL 33624, United States

Benenati Law Firm
2702 E Robinson St, Orlando, FL 32803, United States

Yesner Law – Tampa Bankruptcy Lawyer
2753 State Rd 580 Suite 106, Clearwater, FL 33761, United States

Solomita Law, PLLC
Three Resource Square, 12001 Research Pkwy #236, Orlando, FL 32826, United States

Florida Bankruptcy Advisors, P.L.
120 E Oakland Park Blvd #105, Fort Lauderdale, FL 33334, United States

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