How To File Bankruptcy for Free in Florida

Collect Your Florida Bankruptcy Documents

Florida bankruptcy laws and procedures require you to file certain documents with the court  and to your trustee after your case is filed. You’ll need these whether or not you have an attorney representing you. The documents are:

• Your last two years of tax returns,

• Your last 60 days of paycheck stubs, and

• A recent bank statement. When you go to file your case, you’ll need to include a bank statement that covers the filing date.

There are other documents that aren’t required but are helpful to have as you fill out your bankruptcy forms. They include:

• Older bank statements from the last 6-12 months.

• A credit report — you’re entitled to one free report every 12 months from each of the three consumer credit reporting agencies.

• Creditor statements and bills.

• Letters from collection agencies or other third-party debt collectors.

Take Credit Counseling

Before you can file your bankruptcy forms in Florida, you have to take a credit counseling course.

Here are some important things to know about this course:

• The course has to be completed in the 180 days before you file your case.

• It’s not free, but you may be able to take it online for as little as $10, or you may be able to have the fee waived altogether.

• You must take the course from an approved credit counseling provider for Florida.

• You need to submit the course certificate of completion to the court along with the rest of your paperwork when you file your case.

Complete the Bankruptcy Forms

When you have all of your information ready, you can fill out your bankruptcy forms. These forms are mostly the same nationwide because they’re federal forms. If you’re filing on your own, you can access your bankruptcy forms for free as fillable PDFs at USCOURTS.gov. 

If you’re working with a law firm, you’ll have the opportunity to fill out paperwork for the attorney that addresses your personal financial situation. They’ll ask you about your monthly income, expenses, personal property, real property, debts, and other personal financial information. Then they’ll fill out your bankruptcy forms for you. If you file using Upsolve’s filing tool you’ll answer a questionnaire and our software will generate your forms based on the answers you provide. 

Get Your Filing Fee

Chapter 7 bankruptcy filers have to pay a $338 filing fee to the bankruptcy court. This fee is the same throughout the United States. If you can’t pay the fee, you can request a fee waiver from the court. To qualify for a waiver, your income must be less than 150% of the federal poverty guidelines. See the Florida Fee Waiver Eligibility table below. 

If you need to file quickly but you can’t yet pay the full fee, you can make a down payment toward the filing fee and ask to pay the rest in installments. The Florida bankruptcy court will tell you how much the down payment and installments will be. Some filers choose to do this if they’re facing wage garnishment or other serious collection measures. As soon as you file for bankruptcy, an automatic stay goes into effect, and the wage garnishment will stop. The one risk to this is that if you miss a payment, the court can dismiss your case without a refund.

So if you don't have to file quickly, wait until you have the full filing fee. That way you don’t risk a dismissal later if you’re late with a payment.

Print Your Bankruptcy Forms

Most people who file for bankruptcy in Florida have to print about 23 different forms if they’re filing on their own plus whatever local Florida bankruptcy forms their district requires. If you don’t have a printer at your house, you can go to a local copy shop or public library and print your forms there. Unfortunately, the Florida Bankruptcy Courts don’t allow filers to use the printers at the courthouse. 

Other important things to remember:

• Use regular, letter-size paper.

• Forms must be on white paper with black ink only.

• Do not print double-sided.

• Sign in all necessary spots.

• Double-check that you’ve printed everything. Using a checklist can be helpful.

If you use Upsolve to file for bankruptcy, you’ll receive all your forms in a single downloadable packet. All the places you need to sign will be flagged. If you have a bankruptcy attorney, they’ll file your bankruptcy forms with the court electronically, so you don’t have to worry about printing out the forms yourself.

File Your Forms With the Florida Bankruptcy Court

At this time, only attorneys are allowed to file online in Florida. If you’re filing without an attorney, you’ll need to print out your forms, then hand-deliver them to the bankruptcy court or mail in your forms. If the courthouse isn’t too far away, it’s good to file your bankruptcy case in person. That way, if there’s an error in your paperwork, the clerk at the court can tell you and you may be able to fix the problem immediately. 

Also, remember this is a federal courthouse, so be prepared for extra security and dress appropriately. Before heading to the court, check to see if there have been changes made due to COVID-19.

Mail Documents to Your Trustee

After you file your bankruptcy petition, the court will assign a bankruptcy trustee to your case. You can find the name and contact information of your bankruptcy trustee on Official Form 309A. You’ll receive this form from the court within 1-2 weeks of filing your case. 

The trustee’s job is to verify the information you provided on your bankruptcy paperwork. For them to do this successfully, you must give them some information. You’re required to send the following documents to your trustee at least seven days before your meeting of creditors: 

• Your federal income tax return for the last two years, and

• A bank statement that is good through, at the very least, the date you filed for bankruptcy.

If your trustee requests additional documents, you need to send those as well. If you don’t hear from your bankruptcy trustee within 2-3 weeks of filing, it’s OK to contact their office to ask if they’ll want to see any additional paperwork.

Take a Debtor Education Course

It’s time to take another course! This course is known as the post-filing course or the debtor education course. It teaches financial management skills like budgeting, so you can get the most from your fresh start. 

People filing Chapter 7 bankruptcy in Florida have the option of taking this course on the phone, over the internet, or in person. It doesn’t matter as long as it's taken from an approved provider and within 60 days after the creditors’ meeting. You have to file the certificate of completion with the court in the same timeframe.  If you don’t, you won’t be eligible for a discharge. That’s the court order that erases your debt. 

Attend Your 341 Meeting

Your 341 meeting is sometimes called the creditors’ meeting or meeting of creditors. It will take place about a month or two after your bankruptcy filing. Even though it’s called a creditors’ meeting, don’t expect to see your creditors. They rarely show up for these meetings.

Most Chapter 7 filers have simple cases and all their personal property is protected by an exemption. When this is the case, these meetings usually take less than 10 minutes. As long as you’re honest on your bankruptcy forms, you have nothing to worry about. We have a video to help you prepare for your 341 meeting. It runs through the general questions that the bankruptcy trustee will ask. Once your meeting is complete, you should receive your discharge within 60-90 days.

Take note that all 341 meetings are currently being held remotely as a COVID-19 measure. However, this hasn’t been adopted as a standard practice.

Dealing with Your Car

If you have a car, you need to list it on your bankruptcy forms. Even if you don’t drive the car every day or you don’t consider the car “your car,” if your name is on the title, you need to list it on your bankruptcy forms. Whether or not you’re going to be able to keep your car when filing bankruptcy depends on a few factors, including:

• How much your car is worth, 

• Whether you own it outright or are financing it, and 

• What exemptions you use. In Florida, the vehicle exemption covers up to $1,000 of equity you have in your car. We’ll discuss exemptions more later. 

If you’re financing your car, you have a few options to deal with your car loan. If your payments are current, you can reaffirm your car loan. If you reaffirm the loan, everything essentially stays the same. You keep the car and keep paying on the loan.

You can also choose to redeem or surrender your car. Redeeming the car means you pay the car’s fair market value as one lump sum to the lender. If the value is lower than the amount you own on the loan, the remainder will be discharged as part of the bankruptcy. 

If you surrender your car, you give it back to the lender and the remaining loan debt will be discharged in the bankruptcy. If you can’t afford your current monthly payments or you’re underwater on your car loan, you may want to consider this option. Keep in mind, you can always purchase another car after your bankruptcy is over.

Leased vehicles are treated differently than those you own or are financing. They still need to be listed in your bankruptcy paperwork, but they are listed on Schedule G instead of Schedule B. That’s where financed cars are listed. If you have a leased car, you can choose to keep the lease or get rid of it.