
Filing Bankruptcy In Tallahassee, FL | Types, Costs, And Advice
If you’re considering filing bankruptcy in Tallahassee, FL, you’ll need to understand the types, costs, as well as some helpful advice to finding good attorneys.
Am I Qualified for Bankruptcy?
Filing for bankruptcy is a legal process that allows individuals and businesses to seek relief from overwhelming debt by either discharging their debts or establishing a repayment plan. Bankruptcy laws in the United States are federal, which means they apply uniformly across the country. However, specific rules and requirements can vary depending on your location, such as Tallahassee, Florida. To determine whether you are qualified to file bankruptcy in Tallahassee, FL, it’s essential to understand the key eligibility criteria and the types of bankruptcy available.

- Residency and Venue: To file for bankruptcy in Tallahassee, FL, you generally must meet residency requirements. You should have lived in Florida for a significant portion of the 180 days leading up to your bankruptcy filing. Additionally, you must file your bankruptcy case in the appropriate venue, which is typically the federal bankruptcy court serving the district where you reside.
- Credit Counseling: Before you can file for bankruptcy in Tallahassee or anywhere else in the United States, you must complete a credit counseling course from an approved agency within 180 days before filing. This requirement aims to help you explore alternatives to bankruptcy and gain a better understanding of your financial situation.
- Types of Bankruptcy: There are two main types of bankruptcy for individuals: Chapter 7 and Chapter 13.
- Chapter 7: This type of bankruptcy, often referred to as “liquidation bankruptcy,” is available to individuals who pass the means test, which assesses your income and expenses to determine if you have the means to repay your debts. If you qualify, most of your unsecured debts, such as credit card debt and medical bills, can be discharged, meaning you are no longer legally obligated to repay them. However, some assets may be sold to repay your creditors.
- Chapter 13: This form of bankruptcy allows individuals with a regular income to create a repayment plan to pay back their debts over three to five years. Chapter 13 is suitable for those who don’t qualify for Chapter 7 or want to protect certain assets from liquidation.
- Means Test: The means test is a crucial eligibility criterion for Chapter 7 bankruptcy. It assesses your income, expenses, and family size to determine if you have enough disposable income to repay your debts. If your income is below the state median for a household of your size, you typically qualify for Chapter 7. However, if your income exceeds the median, you may still qualify based on a more detailed analysis of your finances.
- Financial Counseling: In Chapter 7 bankruptcy cases, you must complete a financial management course from an approved provider after filing for bankruptcy. This course aims to help you manage your finances better and avoid future financial difficulties.
- Bankruptcy Petition and Forms: Filing for bankruptcy requires the completion of various forms and petitions, including the official bankruptcy petition, schedules detailing your financial situation, and statements of financial affairs. Accurate and complete documentation is essential for a successful bankruptcy filing.
- Legal Representation: While it is not a strict requirement, it is highly advisable to have legal representation when filing for bankruptcy. An experienced bankruptcy attorney can guide you through the complex process, ensure you meet all requirements, and help protect your rights and assets.
- Previous Bankruptcies: Bankruptcy laws place restrictions on how often you can file for bankruptcy. For Chapter 7 bankruptcy, you generally need to wait eight years between filings, while for Chapter 13, the waiting period is four years if you previously filed for Chapter 7 and two years if you previously filed for Chapter 13.
- Honesty and Good Faith: You must approach the bankruptcy process with honesty and good faith. Providing false information or attempting to hide assets can result in the dismissal of your case and potentially criminal charges.
The qualifications for filing bankruptcy in Tallahassee, FL, are largely consistent with federal bankruptcy laws, with specific emphasis on residency and venue. To determine your eligibility and navigate the bankruptcy process successfully, it is advisable to consult with a qualified bankruptcy attorney who can provide personalized guidance based on your financial circumstances. Additionally, understanding the different types of bankruptcy and their respective eligibility criteria is crucial in determining the most suitable path to debt relief. Remember that bankruptcy should be considered as a last resort when exploring options to address overwhelming debt, and you should always seek legal advice to make informed decisions about your financial future.
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Do You Need a Lawyer to File For Bankruptcy in Tallahassee, FL?
Whether you need a lawyer to file for bankruptcy in Tallahassee, Florida, ultimately depends on your specific circumstances and comfort level with the legal process. While it is possible to file for bankruptcy without an attorney, it can be a complex and challenging process, and there are several compelling reasons why seeking legal representation is often advisable:
- Understanding the Law: Bankruptcy law is intricate, and the regulations can be difficult to navigate without legal expertise. An experienced bankruptcy attorney is well-versed in federal and Florida bankruptcy laws, ensuring that you fully understand your rights, responsibilities, and available options.
- Assessing Eligibility: Determining whether you qualify for Chapter 7 or Chapter 13 bankruptcy can be challenging. An attorney can evaluate your financial situation, income, and other factors to help you choose the most appropriate bankruptcy chapter and ensure you meet the eligibility criteria.
- Completing Required Forms: Bankruptcy involves an extensive amount of paperwork, including various forms, schedules, and financial statements. An attorney can assist you in accurately completing these documents, reducing the risk of errors or omissions that could lead to delays or complications in your case.
- Protection of Assets: One of the primary concerns in bankruptcy is protecting your assets. An attorney can help you understand the exemptions available in Florida law, which may allow you to keep certain property while still seeking debt relief. They can also guide you on asset protection strategies within the legal framework.
- Representation in Court: Bankruptcy proceedings may require appearances in court, especially in Chapter 13 cases. An attorney can represent you during court hearings, negotiations with creditors, and any disputes that may arise during the bankruptcy process. Their presence can be particularly valuable if your case becomes contentious.
- Avoiding Mistakes: Bankruptcy law is rife with potential pitfalls, and even minor mistakes or oversights can have significant consequences. Legal counsel can help you avoid common errors that could jeopardize the success of your bankruptcy case.
- Negotiating with Creditors: An experienced attorney can negotiate with creditors on your behalf, potentially securing more favorable terms for debt repayment in a Chapter 13 plan. They can also address any challenges from creditors who may object to your discharge or repayment plan.
- Compliance with Court Orders: Throughout the bankruptcy process, the court may issue orders and deadlines that you must follow. A bankruptcy attorney can ensure you remain compliant and meet all court requirements, reducing the risk of dismissal or complications.
- Post-Bankruptcy Planning: Bankruptcy doesn’t just end with the discharge of debts. An attorney can provide guidance on rebuilding your financial life after bankruptcy, helping you establish a more stable financial future.

While hiring a bankruptcy attorney in Tallahassee, FL, is highly recommended, it’s essential to recognize that legal representation comes at a cost. However, many attorneys offer flexible payment arrangements to accommodate clients facing financial difficulties. Additionally, the potential benefits of having an attorney far outweigh the costs, as they can help you navigate the complex bankruptcy process effectively and increase your chances of a successful outcome.
Cost to File Chapter 7 Bankruptcy in Tallahassee, FL
The cost to file for Chapter 7 bankruptcy in Tallahassee, Florida, includes both court filing fees and attorney fees. It’s important to understand these expenses so that you can budget accordingly and navigate the bankruptcy process effectively.
- Court Filing Fees: The primary cost associated with filing for Chapter 7 bankruptcy is the court filing fee. This fee is subject to change, so it’s essential to verify the current fee with the U.S. Bankruptcy Court for the Northern District of Florida or their official website.
- Attorney Fees: Hiring an attorney is not mandatory to file for Chapter 7 bankruptcy, but it is highly recommended due to the complex nature of bankruptcy law. Attorney fees can vary significantly based on factors such as the attorney’s experience, location, and the complexity of your case. In Tallahassee, FL, you can expect attorney fees for a Chapter 7 bankruptcy to range from approximately $1,150 to $2,350 or more, depending on the specifics of your situation.
It’s crucial to note that while legal representation adds to the cost, it often leads to a smoother and more successful bankruptcy process. An experienced attorney can help you navigate the legal requirements, protect your assets, and ensure that your bankruptcy case is handled correctly.
- Credit Counseling and Financial Management Course Fees: Before and after filing for bankruptcy, you are required to complete credit counseling and financial management courses from approved providers. These courses typically cost between $26 and $66 each, and you’ll need to pay for them out of pocket. Failure to complete these courses can result in your case being dismissed, so it’s essential to budget for them.
- Miscellaneous Costs: While the primary costs are the court filing fees and attorney fees, you should also budget for other potential expenses, such as photocopying, postage, notary fees, and transportation to meet with your attorney or attend court hearings. These miscellaneous costs can add up, so it’s a good idea to budget for them as well.

Before proceeding with your Chapter 7 bankruptcy filing in Tallahassee, FL, it is advisable to consult with an experienced bankruptcy attorney. They can provide you with a clear understanding of the costs involved, assess your eligibility, and guide you through the entire process to ensure that your bankruptcy case is handled efficiently and in compliance with all legal requirements. Additionally, they can help you explore options for managing the associated costs and work with you to create a payment plan that suits your financial situation.
Cost to File Chapter 11 Bankruptcy in Tallahassee, FL
The cost to file for Chapter 11 bankruptcy in Tallahassee, Florida, can vary significantly based on the complexity of your case and other factors. Chapter 11 bankruptcy is typically used by businesses and individuals with substantial assets or complex financial situations to reorganize their debts and continue their operations. Here’s an overview of the key expenses involved in filing for Chapter 11 bankruptcy:
- Court Filing Fees: The primary cost associated with filing for Chapter 11 bankruptcy is the court filing fee. It’s crucial to check the current fee with the U.S. Bankruptcy Court for the Northern District of Florida or their official website.
- Attorney Fees: Chapter 11 bankruptcy is a highly complex process that typically requires legal representation. The attorney fees for a Chapter 11 case can vary significantly depending on the size and complexity of your business or personal finances. These fees can range from several thousand dollars to tens of thousands or more. It’s essential to consult with experienced bankruptcy attorneys in Tallahassee to obtain accurate quotes for your specific situation.
- U.S. Trustee Fees: In a Chapter 11 case, you may be required to pay quarterly fees to the U.S. Trustee’s office. These fees are based on your company’s quarterly disbursements and can vary depending on the amount. The U.S. Trustee’s office sets the fee schedule, and it’s advisable to consult with your attorney to understand the applicable fees for your case.
- Miscellaneous Costs: In addition to the above-mentioned fees, there may be other costs associated with your Chapter 11 bankruptcy case. These can include expenses for financial advisors, accountants, appraisers, and other professionals who may be necessary to assist with the bankruptcy process. The specific costs will depend on the complexity of your financial situation and the needs of your case.
- Plan Confirmation Costs: Chapter 11 bankruptcy involves the development and confirmation of a reorganization plan that outlines how you intend to repay creditors and continue your business operations. The costs associated with formulating, negotiating, and confirming the plan can vary widely. Legal and consulting fees related to plan confirmation are an essential part of the overall cost of Chapter 11 bankruptcy.
It’s important to note that Chapter 11 bankruptcy is a complex and resource-intensive process, often used by businesses with substantial assets and debts. Successfully navigating Chapter 11 requires careful planning, negotiations with creditors, and the guidance of experienced professionals.
Cost to File Chapter 13 Bankruptcy in Tallahassee, FL
The cost to file for Chapter 13 bankruptcy in Tallahassee, Florida, includes various fees and expenses. Chapter 13 bankruptcy is designed for individuals with a regular income who want to create a debt repayment plan to address their financial difficulties. Here’s a breakdown of the key expenses involved:
- Court Filing Fees: The primary cost associated with filing for Chapter 13 bankruptcy is the court filing fee. The filing fee for a Chapter 13 case in Tallahassee, FL, is $352. This fee is subject to change, so it’s essential to verify the current fee with the U.S. Bankruptcy Court for the Northern District of Florida or their official website.
- Attorney Fees: Obtaining legal representation is highly recommended when filing for Chapter 13 bankruptcy. Attorney fees for Chapter 13 cases can vary depending on factors such as the complexity of your financial situation, the location of your attorney, and the extent of services required. On average, you can expect attorney fees for a Chapter 13 case in Tallahassee to range from approximately $3,320 to $4,760 or more. These fees often include assistance with creating your repayment plan and representing you throughout the bankruptcy process.
- Credit Counseling and Financial Management Course Fees: Before and after filing for Chapter 13 bankruptcy, you are required to complete credit counseling and financial management courses from approved providers. These courses typically cost between $25 and $60 each and are generally paid out of pocket.
- Miscellaneous Costs: There may be other miscellaneous costs associated with your Chapter 13 bankruptcy case. These can include expenses for photocopying, postage, notary fees, and transportation to meet with your attorney or attend court hearings. While these costs are generally not significant, they should be factored into your budget.
- Trustee Fees: In Chapter 13 bankruptcy, you’ll make monthly payments to a bankruptcy trustee, who will distribute the funds to your creditors as per your court-approved repayment plan. The trustee may charge a fee for their services, which is typically a percentage of the funds they handle. This fee is built into your Chapter 13 repayment plan and does not require a separate upfront payment.

Before filing for Chapter 13 bankruptcy in Tallahassee, FL, or any location, it’s advisable to consult with an experienced bankruptcy attorney. They can provide a detailed assessment of your financial situation, explain the associated costs, and help you create a budget and payment plan that aligns with your income and expenses. Additionally, an attorney can guide you through the legal process, ensure your repayment plan meets the court’s requirements, and represent your interests throughout the bankruptcy proceedings, increasing the likelihood of a successful outcome.
Reliable Bankruptcy Attorneys in Tallahassee, FL
Below is a list of reputable bankruptcy attorneys in Tallahassee, FL. They can help you with both personal and business bankruptcy information.
Bruner Wright, P.A., Attorneys At Law
2810 Remington Green Cir, Tallahassee, FL 32308, United States
Footman Law Firm, P.A.
1345 Cross Creek Cir, Tallahassee, FL 32301, United States
Law Office of Allen Turnage
2344 Centerville Rd STE 101, Tallahassee, FL 32308, United States
Kathryn A. Hathaway
115 W 4th Ave, Tallahassee, FL 32303, United States
Michael H. Moody Law, P.A.
1350 Market St Suite 224, Tallahassee, FL 32312, United States
Tallahassee, FL Zip Codes We Proudly Serve:
32301, 32303, 32304, 32305, 32308, 32309, 32310, 32311, 32312, 32317, 32399