FLORIDA CHAPTER 7 BANKRUPTCY
Florida Chapter 7 Bankruptcy Credit Counseling Requirements
For general information only. Consult our bankruptcy attorney for advice specific to your situation.
Filing for Florida Chapter 7 bankruptcy can feel overwhelming, but understanding the roadmap helps ease the uncertainty. This guide breaks down the entire Florida Chapter 7 bankruptcy process into a clear, step-by-step flowchart and timeline. From the initial credit counseling requirement to the final discharge of debts, we outline exactly what to expect at each phase, including the critical 341 Meeting of Creditors and the specific deadlines set by Florida bankruptcy courts.
PRE-FILING REQUIREMENTS
CREDIT COUNSELING
Complete approved course within 180 days before filing. Certificate required. 60-90 minutes. Online, phone, or in-person.
GATHER DOCUMENTS
Tax returns (2 years), pay stubs (6 months), bank statements, debt lists, asset valuations, vehicle titles
MEANS TEST
Income must be below FL median OR pass expense calculation. Forms 122A-1 and 122A Determines Ch. 7 eligibility.
DAY 1: FILE PETITION
Filing Fee: $338 (waiver available if income <150% poverty level)
FILE BANKRUPTCY PETITION
Voluntary Petition (Form 101), Schedules A-J, Statement of Financial Affairs, Statement of Intention for secured debts
AUTOMATIC STAY BEGINS
Creditors must immediately stop all collection actions, calls, lawsuits, garnishments, and foreclosure proceedings.
Ch. 7 TRUSTEE
Appointed
DAYS 1-14: COMPLETE FILING
FILE REMAINING DOCUMENTS
If not filed with petition: Certificate of Credit Counseling, all schedules, Statement of Financial Affairs, pay stubs
PROVIDE TAX RETURNS TO TRUSTEE
Most recent federal tax return due 7 days before 341 Meeting. Trustee address in court notice.
DAYS 20-40: MEETING OF CREDITORS (341 MEETING)
341 MEETING OF CREDITORS
Required appearance. Trustee asks questions under oath about finances and assets. Creditors may attend (rarely do). Bring: Photo ID, Social Security card, documentation supporting schedules. Not a court hearing – no judge present. Usually 5-10 minutes if straightforward.
DAYS 50-70: PERFORM STATEMENT OF INTENTION
SURRENDER
Give up property securing debt. Debt discharged. No further obligation.
REAFFIRM
Keep property, continue paying. Must file Reaffirmation Agreement within 60 days of 341 Meeting.
REDEEM
Pay lump sum equal to value, keep property.
DAYS 60-80: DEADLINES FOR OBJECTIONS
OBJECTION TO EXEMPTIONS
Creditors/Trustee: 30 days after 341 Meeting to object to claimed exemptions.
OBJECTION TO DISCHARGE
Creditors: 60 days after 341 Meeting to file complaint under §523 or §727
