List Of Documents Needed to File Chapter 7 Bankruptcy in Florida

The Documents You’ll Need for Chapter 7 Bankruptcy in Florida

This article discusses in detail a complete list of documents needed to file for Chapter 7 bankruptcy in Florida. We will discuss the documents you will need before you file, as you’re filing, as well as other documents and information you will need after you file for bankruptcy.

Stiberman Law, P.A. is a renowned bankruptcy law firm serving all of Florida, offering a complimentary consultation for individuals dealing with debt-related issues. Robert Stiberman, a distinguished bankruptcy attorney with over 15 years of experience, leads the firm. Mr. Stiberman obtained his Juris Doctorate from the University of Miami School of Law and has been a member in good standing of the Florida Bar since 1998. He is also admitted to practice in the bankruptcy courts for the Southern, Middle, and Northern Districts of Florida.

At Stiberman Law, we understand the stress and uncertainty often associated with financial difficulties. Our goal is to provide compassionate and professional support to guide our clients through the bankruptcy process.

What is Chapter 7 Bankruptcy?

Chapter 7 Bankruptcy is a legal procedure that can clear away the majority of your debts. A Chapter 7 bankruptcy can be filed by individuals or businesses – see  11 U.S.C. §§ 101(41). This article focuses on individual, or consumer, Chapter 7 Bankruptcy in Florida.

Chapter 7 is most commonly referred to as liquidation bankruptcy because your non-exempt property is used to pay back your creditors. Filing for Chapter 7 bankruptcy in Florida has many advantages since Florida has some of the strongest exemptions to protect your property in the United States. One of the most famous exemptions is the Florida homestead exemption to protect your home.

Why File for Chapter 7 Bankruptcy?

Filing for Chapter 7 bankruptcy can be a viable option for individuals or businesses facing insurmountable debt. Here are some reasons why someone might choose to file for Chapter 7 bankruptcy:

1. Discharge of Debts: Chapter 7 bankruptcy provides a discharge of most unsecured debts, such as credit card debt, medical bills, and personal loans. This means the debtor is no longer legally required to pay these debts.
2. Fresh Start: It offers a fresh financial start by wiping out qualifying debts, allowing the debtor to rebuild their finances without the burden of overwhelming debt.
3. Immediate Relief: Once the bankruptcy petition is filed, an automatic stay goes into effect, halting most collection activities, including lawsuits, wage garnishments, and creditor harassment.
4. Simpler Process: Compared to other types of bankruptcy, such as Chapter 13, the Chapter 7 process is typically quicker and less complicated, often taking about three to six months to complete.
5. No Repayment Plan: Unlike Chapter 13 bankruptcy, which requires a repayment plan, Chapter 7 does not require the debtor to pay back a portion of their debts over time.
6. Protection of Future Income: Post-filing income is generally not affected, meaning that future earnings are not subject to creditor claims.

However, it’s important to consider the potential drawbacks:

• Loss of Assets: Some assets may be sold by the bankruptcy trustee to pay off creditors, although many essential assets are protected by exemptions.
• Credit Impact: Filing for Chapter 7 will significantly impact the debtor’s credit score and remain on their credit report for up to 10 years.
• Eligibility Requirements: Not everyone qualifies for Chapter 7 bankruptcy. Individuals must pass a means test to determine if their income is low enough to file.

Given the complexities and consequences, it’s advisable to consult with a bankruptcy attorney to determine if Chapter 7 bankruptcy is the right option for your specific financial situation. 

What Are The Eligibility Requirements?

To qualify for relief under Chapter 7 of the Bankruptcy Code, the debtor can be an individual, a partnership, a corporation, or another type of business entity. This is outlined in 11 U.S.C. Sections 101 (41) and 109 (b). In Florida, eligibility to file for Chapter 7 bankruptcy hinges on passing the “means test.” The means test calculation determines whether your annual income is less than the Florida median income for your household size. The means test determines whether you have sufficient income to pay back all or some of your debts or repay creditors.

You may still be eligible to file Chapter 7 bankruptcy in Florida even if you fail the means test. If your income is above the median income in Florida for a household of your size, you must consider IRS allowable expenses to determine if your disposable monthly income is less than $137. If you are not eligible to file Chapter 7 Bankruptcy in Florida, you may want to explore filing Chapter 13 Bankruptcy. 

Note: You are not required to pass the means test if the majority of your debts are business debts.

How Much Do You Have to Be in Debt to File Chapter 7

There is no debt minimum or maximum required to file Chapter 7 bankruptcy in Florida. Although there is no minimum debt requirement, if you feel that your debt is manageable and you have the ability to pay it back over some time, you may want to explore alternatives to bankruptcy. A bankruptcy attorney can help you determine the best course of action, depending on your situation or case.

Before: Documents Needed to File Chapter 7 Bankruptcy

To get a good picture of your debts and liabilities, you will need to obtain a copy of your credit report. The information contained inside your credit report will help you prepare the bankruptcy forms, specifically the section where you must list the names, addresses, and amounts of all of your debts.

You can obtain a free copy of your credit report, but please note that the free report may only be available once per year.

Additionally, if you are working with an attorney in your case, a Chapter 7 Bankruptcy attorney will normally obtain a copy of your credit report in order to properly list and classify your debts in the bankruptcy schedules and forms.

If you are getting ready or considering filing for Chapter 7 bankruptcy in Florida, below you will find a detailed list of bankruptcy documents needed and the paperwork you will need to prepare your bankruptcy forms:

1. Tax Returns for the past 2 years
2. Proof of Income for the last 6 months, such as:
   1. Paycheck stubs 
   2. Social Security Benefits Letter
   3. Pension records
   4. Unemployment Compensation 
   5. Self-Employment income
   6. Child Support and alimony payments
3. Six (6) months of bank account statements from all accounts where your name appears on.
4. Copies of your vehicle registration for all your vehicles
5. Retirement/Pension account statements
6. Mortgage Statements
7. Valuation or appraisal of your Real Estate Property
8. Valuation or appraisal of your Vehicles
9. List of your household goods and furnishings

Note: The above are also documents needed to file Chapter 13.

Credit Counseling Certificate

You must complete a credit counseling course from an approved credit counseling agency. The course is usually completed in front of a computer or over the phone and takes, on average, 30 minutes to complete.

Completion is evidenced by receipt of a Certificate of Counseling, which must be filed with the court along with the bankruptcy petition and other required documents.

The Certificate of filing has to have been completed within 180 days prior to filing the bankruptcy petition.

A Credit Counseling Certificate will contain the date and time of completion, the name of the credit counseling agency, the Florida District selected, and the name of the individual who completed the counseling (you). 

During: Documents Needed to File Chapter 7 Bankruptcy 

This section discusses what is required to file Chapter 7. To file for bankruptcy in Florida, you must first complete and sign a set of bankruptcy forms and schedules. A list of all the required Bankruptcy Forms and schedules can be found here—see the US Courts website. 

The Bankruptcy Forms required to file bankruptcy in Florida are roughly 80 pages long and are divided into different sections, such as the Voluntary Petition, Schedules, Statements of Financial Affairs, Statement of Intention, and Statement of Current Monthly Income. A bankruptcy attorney can help you navigate this process – Source – Fed. R. Bankr. P. 1007(b).

Chapter 7 Preparation of Legal Documents

You must take great care in accurately and truthfully completing the required forms since you will be required to sign a declaration under oath and under penalty of perjury concerning the documents and information contained in your Chapter 7 bankruptcy filing. The bankruptcy petition and forms will advise the court and creditors of your financial picture.

You will be required to indicate the Chapter you are filing under (7, 11, 12, 13), the district court in which you are filing, a list of all your assets and your debts, and your intentions as to your property. Additionally, in the Statement of Financial Affairs (SOFA), you must include information concerning past activity such as repayment of debts, transfers of property, closed businesses and bank accounts, settled lawsuits, active lawsuits, as well as other information requested. 

An experienced Chapter 7 Bankruptcy attorney will prepare all the required Bankruptcy forms and Schedules. Find out more about the Bankruptcy forms that are required to file your case.   

How to File for Bankruptcy in Florida in 2024

Once you’ve completed and signed the Bankruptcy Forms and Schedules, here are the steps to file your Chapter 7 bankruptcy case in Florida.

What Are the Steps in Filing Chapter 7?

1. Review the accuracy of the information in the documents and forms you will need to file for bankruptcy. Remember that you are signing the forms under penalty of perjury.
2. Receive credit counseling from an approved agency. Attach the Credit Counseling Certificate. Remember that it cannot be more than 180 days since you completed it – see 11 U.S.C. §§ 109.
3. Prepare and attach the Creditor Matrix which lists all your creditors. Note: This is a different document than the list of your creditors contained in Schedules D, E, F, and G of your bankruptcy schedules.
4. Pay the court filing fee for filing bankruptcy in Florida. If you are unable to pay the filing fee, you may apply with the court to pay the court filing fee in installments or, if your household income is below 150% of the federal poverty level, you may submit a request for the filing fee to be waived – see 28 U.S.C. § 1930(f). Below are the filing fees for Chapter 7 and Chapter 13 bankruptcies.
   • Chapter 7 Filing Fee in Florida is $338.00
   • Chapter 13 Filing Fee in Florida is $313.00
5. File the Bankruptcy Petition, Schedules, and forms along with other required documents with the Bankruptcy clerk for your jurisdiction. (Fed. R. Bankr. P. 1007 (b)). Forms are also available for download via the US Courts website. Note: Some jurisdictions such as the Southern District of Florida have Local Forms Requirements that must be followed.
6. If you are filing for Bankruptcy in Florida without a lawyer, you will need to show your valid ID and original Social Security Card at the time of filing. If you are considering filing Chapter 7 with no money, you may still be able to hire a Bankruptcy lawyer who can assist you with payment plans and finding affordable options.

After: Documents Needed to File Chapter 7 Bankruptcy

After your bankruptcy case is filed, you will receive a notice from the bankruptcy court containing the date of your 341 Meeting of Creditors. At least seven days prior to attending your 341 Meeting of Creditors, you must provide documents to the bankruptcy trustee assigned to your case—see 11 U.S.C. §§ 701.

You will be required to provide the trustee with a copy of your tax return or transcripts for the most recent years, along with any tax returns filed during the case (see 11 U.S.C. § 521). Some trustees will provide you with a Chapter 7 client questionnaire to complete before conducting your 341 meeting of creditors. A Florida bankruptcy attorney who practices in your jurisdiction can offer you the best guidance.

Chapter 7 Client Questionnaire

A typical Chapter 7 client questionnaire will ask you to answer the following questions:

1. Have you filed, or can you file, any claims against anyone?
2. Have you settled any lawsuits where you received money?
3. Has anyone passed away and left you an inheritance?
4. Do you understand that if you receive a tax refund after filing your case, you are required to notify the Trustee or your Chapter 7 bankruptcy attorney and cannot spend it?
5. Have you sold or transferred any property to anyone?

Note: The above is not an all-inclusive list of questions that may be asked of you. Your Chapter 7 bankruptcy lawyer in Florida can provide you with guidance and insight as to what to expect.

A List of Documents Typically Requested by the Chapter 7 Trustee 

This section covers the documents you will need to provide to your Chapter 7 Trustee, including the number of financial records needed for Chapter 7.

1. Copies of the last two (2) years of Federal Tax Returns
2. Six (6) months of bank statements, including the bank statement for the month of filing. (For example, if you filed your case on July 15th, you must provide the statements from January through July). 
3. Vehicle Registration and the payoff at the time of filing if the vehicle is financed. 
4. Domestic Support Obligation Sheet- if you are required to pay Child Support.
5. If you own a Business, the Trustee will also require:
   1. Business Tax Returns for the last 2 years
   2. 6 months of Business Bank statements
   3. Profit and Loss for Business for the last 6-month period
   4. Balance Sheet and List of Assets

A Chapter 7 bankruptcy attorney familiar with different Trustee requirements can guide you and better anticipate what will be asked of you.

Additional Documents That Are Often Requested By The Chapter 7 Trustee

After your Meeting of Creditors, your Chapter 7 Trustee may request additional documentation depending on the outcome of the meeting. 

Note: Some Chapter 7 Trustees will want to dig deeper into your financial history and may request more information including more than one (1) year of bank statements, copies of all pages of your passport, and tax returns older than two (2) years.

Financial Management Course

After filing your bankruptcy and before receiving your bankruptcy discharge, you must complete a financial management course from an approved credit counseling agency – see 11 U.S.C. § 727. This course can help you understand how to move forward after bankruptcy.

You will need to file the certificate with the Court within 60 days after attending your 341 Meeting of Creditors in order to receive your bankruptcy discharge. If you fail to do so, your case will be closed without receiving the benefit of a Discharge. Your bankruptcy attorney will file it with the court.

Note: You may want to obtain a free credit report sometime in the future or seek free credit monitoring to ensure that creditors are not reporting inaccurate information in your credit report. Contact your attorney or search online for help concerning this issue.

Alternatives to Chapter 7

It is important for debtors to understand that there are alternatives to Chapter 7 bankruptcy relief. For example, those involved in businesses, such as corporations, partnerships, or sole proprietorships, may want to keep their operations running and avoid liquidation.

In such cases, filing under Chapter 11 of the Bankruptcy Code may be a better option. This chapter allows debtors to seek debt adjustment, including debt reduction or extended repayment periods, or pursue a more comprehensive reorganization. Sole proprietorships may also qualify for relief under Chapter 13.

Individual debtors with regular income can seek debt adjustment under Chapter 13, which offers the advantage of potentially saving their homes from foreclosure. This is achieved by allowing them to catch up on past due payments through a structured payment plan. Furthermore, if an individual’s debts are primarily consumer-related rather than business debts, a Chapter 7 case might be dismissed if the court deems it an abuse of Chapter 7 under 11 U.S.C. § 707(b).

If a debtor’s current monthly income exceeds the state median, the Bankruptcy Code requires a means test to determine if a Chapter 7 filing is presumptively abusive. Abuse is presumed if, over five years, the debtor’s current monthly income – after certain deductions and secured debt payments – is not less than the lesser of (i) 25% of the debtor’s nonpriority unsecured debt, or $9,075, whichever is greater, or (ii) $15,150. To rebut this presumption, debtors must demonstrate special circumstances justifying additional expenses or adjustments to current monthly income.

It’s important for debtors to understand that reaching agreements with creditors outside of court or seeking assistance from debt counseling services may offer alternatives to filing for bankruptcy.

Chapter 7 bankruptcy Trustees in Florida

Below is a list of the Trustee(s) in the middle district of Florida:

Below is a list of the Trustee(s) covering the northern district of Florida:

Below is a list of the Trustee(s) covering the southern district of Florida:

How to Choose a Bankruptcy Trustee

Choosing the right bankruptcy trustee is an important decision for those considering filing for bankruptcy. The trustee plays a crucial role in the process, administering the case and overseeing any assets that may need to be liquidated.

Here are some tips on how to choose a bankruptcy trustee:

1. Research the trustee’s background and experience: It’s important to choose a trustee who is knowledgeable and experienced in bankruptcy law. Look for reviews or recommendations from other attorneys or individuals who have worked with the trustee before.
2. Check their availability: Some trustees may be overloaded with cases, which could delay the progress of your case. Make sure to ask about their availability and if they have enough time to devote to your case.
3. Understand their fees: Trustees are paid through a percentage of any assets they liquidate in a Chapter 7 case, so it’s important to understand what fees you will be responsible for as well as any potential additional fees.
4. Consider their location: Depending on where you live and where the majority of your assets are located, it may be beneficial to choose a trustee who is local to your area.
5. Meet with them in person: It’s always a good idea to meet with potential trustees in person before making a decision. This will give you the opportunity to ask questions and get a feel for their personality and communication style.

Remember, choosing the right trustee can make a big difference in the outcome of your bankruptcy case. Take the time to research and consider all options before making a decision. Trustee(s) play an important role in the bankruptcy process, so it’s crucial to find someone who is knowledgeable, accessible, and trustworthy.

Consult a Florida Bankruptcy Attorney

If you are in need of a Florida bankruptcy attorney to help you determine whether you’re eligible to file for Chapter 7 bankruptcy, contact us today. The Stiberman Law Firm can help you navigate the bankruptcy process every step of the way. Contact us today by calling us at (954) 922-2283 or filling out the form below to get started.

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